Undocumented Migrants—and Those Who Harbor Them—Face Legal Jeopardy
Widely publicized reports of deportation raids on undocumented migrants indicate that the current administration has hit the ground running on this issue, and they are pushing forward without looking back. What does it mean for the migrants themselves and for the individuals and/or families who share connections with these migrants and who are inclined to help them?
Migrants: Know Your Rights
Simply put, undocumented immigrants are being deported with alacrity. In these turbulent times it is critical that you know your rights. Countrywide, ICE agents are being deployed to arrest anyone who lacks proper documentation, and while they say they are targeting only criminals at this point, it’s clear that many hard-working people who’ve never had a run-in with the law have also been swept up. Some entered the country legally but have lost their status over time. Many have already been sent out of the country, with promises of more to follow. Here’s what you should know:
- Always remain silent until you have an attorney with you;
- Any immigrants aged 18 and older who do have papers would be wise to carry them at all times.
- When approached by law enforcement, Lawful Permanent Residents (LPR) are required to answer questions about their residency and identity, but nothing further.
- Memorize key phone numbers belonging to family members, emergency contacts, and your attorney.
- Memorize your immigration A number, and make sure family members and friends have it so they can locate you later.
- It is impractical—and often makes matters worse– to argue, resist, or obstruct officers;
- Lying to or providing fake documents to officers about your legal status is never appropriate;
- Agents do not have the right to search you, your belongings, or your home unless officers have a warrant or other probable cause;
- Families with children should plan in advance so there is a concrete strategy regarding the care of their kids in the event they are arrested.
Those Harboring Undocumented Immigrants: Understand the Risks
The Immigration and Nationality Act (INA) makes it clear that it is illegal to shield, conceal, or harbor anyone who has entered the country illegally. If you do so knowingly, and the court finds that your assistance was a substantial factor contributing to an undocumented person remaining in the country, you could face substantial fines and time behind bars. What does the law consider harboring? It is any form of providing the following to an undocumented individual:
- Safety or protection;
- Refuge or shelter;
- Transportation;
- Assistance in obtaining fabricated documents;
- Warnings about upcoming raids or investigations;
- Assistance that facilitates an undocumented person’s ability to reside in the U.S. illegally.
Serious Legal Consequences
The magnitude of the penalties for being in the country without documentation is unambiguous: such individuals are being rounded up and shipped out of the country with little concern for the impacts on families and communities.
Persons who assist undocumented individuals and are convicted of harboring them with no intent to benefit financially face as much as five years in prison for each harbored individual. For those convicted of harboring undocumented individuals in order to achieve financial gains, the consequences are up to ten years in prison for each person that is harbored. Fines may accompany either sentence.
The Criminal Defense You Deserve
The dedicated and experienced Miami criminal attorneys at The Law Office of Julia Kefalinos always fight to protect your rights when facing criminal prosecution. To discuss your circumstances, schedule a confidential consultation in our Miami office today.
Source:
aclu.org/know-your-rights/immigrants-rights
