Hello, Researchers!

We have a friend from Brazil who needs a place to stay. We aren't sure
if she is here illegally, but do know that she did have a valid visa
at one time during her stay. We've heard conflicting stories. We have
tried to research the subject and have consulted an attorney via her
business website. She stated that it would not be inappropriate to
provide simple assistance to an illegal alien, especially if it were
the type of assistance you may provide a friend in a similar
circumstance. Obviously finding a job for or paying an illegal alien
would be against the law, but helping one change a tire on the side of
the road would not be.

Help! We don't know what to think. We don't ask our other houseguests
to provide proof of citizenship or perform criminal background checks.
So here is the actual question (I know you've been eagerly waiting):

Is it against the law to allow this friend to stay with us in our
home? (Not renting a room, she would stay for free as a guest.)

Thank you in advance for your answer.

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Request for Question Clarification by blazius-ga on 30 Mar 2004 07:37 PST

Which country do you live in?

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Clarification of Question by pleasetellme-ga on 30 Mar 2004 07:39 PST

Oops, sorry about that. We are in the United States. 

Thank you.

Hello pleasetellme,

I should emphasize the disclaimer at the bottom of this page, which
indicates that answers and comments on Google Answers are general
information, and not intended to substitute for informed professional
legal advice.  If you need professional advice about immigration law,
you should contact a lawyer.
 
From my layperson's perspective, it does seem that there is a risk in
housing someone who is an illegal alien.  The provisions I have found
prescribe criminal penalties for any person who:

"knowing or in reckless disregard of the fact that an alien has come
to, entered, or remains in the United States in violation of law,
conceals, harbors, or shields from detection, or attempts to conceal,
harbor, or shield from detection, such alien in any place, including
any building or any means of transportation" or

"encourages or induces an alien to come to, enter, or reside in the
United States, knowing or in reckless disregard of the fact that such
coming to, entry, or residence is or will be in violation of law"

"INA: Act 274 - Bringing in and Harboring Certain Aliens" (subsections
(a)(1)(A)(iii) and (a)(1)(A)(iv))
U.S. Citizenship and Immigration Services
http://uscis.gov/lpBin/lpext.dll/inserts/slb/slb-1/slb-21/slb-7226?f=templates&fn=document-frame.htm#slb-act274

Here are one lawyer's comments on these and related provisions, which
might be helpful to read even though the comments relate to a
different set of facts:

"Acceptance of Mexican Consular Identification Documents by the City
of Holland", by Michael M. Hethmon, FAIR Staff Attorney (January 21,
2003)
ILW.COM
http://www.ilw.com/lawyers/immigdaily/letters/2003,0124-hethmon1.shtm 

Both this document and a fairly recent case cited by it seem to
suggest that housing an illegal alien may constitute "harboring" an
illegal alien.

"United States v. Kim" (October 08, 1999) [see especially "B. Harboring"]
United States Court of Appeals for the Second Circuit [provided by
Touro College Jacob D. Fuchsberg Law Center]
http://www.tourolaw.edu/2ndCircuit/October99/98-1706.html

As indicated at the outset, this answer is not legal advice.  Perhaps
it is enough to help you in your further research into the issue, such
as a future conversation with an attorney.

- justaskscott


Search strategy:

Browsed web site of U.S. Citizenship and Immigration Services

Searched on Google for:

"274(a)(1)(a)(iii)" "274(a)(1)(a)(iv)"
"1324(a)(1)(a)(iii)" "1324(a)(1)(a)(iv)"
"521 F.2d 437" 
[other case names and citations from the letter found on ILW.COM]

Please let me know if this is what you are loking for:

Law 6.815, 1980-08-19 Also known as the "Estatuto do Estrangeiro" ('Foreigner Law')
http://www.oas.org/juridico/MLA/pt/bra/pt_bra-ext-law-6815.html

Regards;
tutuzdad-ga