Session #115 · 2017–19

Speech #CREC-2017-09-14-pt1-PgH7387-2_t35

Xiang Hui Ye, 588 F.3d 411, 415-416 (7th Cir. 2009). What Actions Constitute Harboring? Although Congress passed legislation to prohibit and punish the ``harboring'' of undocumented individuals, it never defined the term. The work of defining what constitutes ``harboring'' has been left to the courts. As shown below, the federal courts have not settled on one uniform definition, but rather many of the circuit courts have adopted their own definition of ``harboring.'' Harboring is conduct that substantially facilitates an immigrant's remaining in the U.S. illegally and that prevents the authorities from detecting the individual's unlawful presence (U.S. Court of Appeals for the Second Circuit) Harboring includes affirmative conduct such as providing shelter, transportation, direction about how to obtain false documentation, or warnings about impending investigations that facilitates a person's continuing illegal presence in the United States. (U.S. Court of Appeals for the Third Circuit) Harboring is conduct tending to substantially facilitate an immigrant's remaining in the U.S. illegally (U.S. Courts of Appeals for the Fifth Circuit) Harboring is conduct that clandestinely shelters, succors, and protects improperly admitted immigrants. (U.S. Court of Appeals for the Sixth Circuit) Harboring is conduct that provides or offers a known undocumented individual a secure haven, a refuge, a place to stay in which authorities are unlikely to be seeking him. (U.S. Court of Appeals for the Seventh Circuit) Harboring is conduct that affords shelter to undocumented individuals. (U.S. Court of Appeals for the Ninth Circuit) Explanation of Harboring Through Case Law U.S. Court of Appeals for the Second Circuit In the influential case, United States v. Lopez, the U.S. Court of Appeals for the Second Circuit went through the legislative history of the harboring provision and stated that the term harbor ``was intended to encompass conduct tending substantially to facilitate an alien's `remaining in the United States illegally,' provided that the person charged has knowledge of the immigrant's unlawful status.'' 521 F.2d 437, 441 (2d Cir 1975), cert. denied, 423 U.S. 995 (1975). In this case, Mr. Lopez owned at least six homes in Nassau County, New York, where he operated safe havens for undocumented individuals. Mr. Lopez knew that the people staying in his homes were undocumented. Each person paid Mr. Lopez $15 per week to live in his houses.
Keywords matched
immigrants undocumented immigrant

Classification

Sentiment
Neutral
Stereotyping
No
Confidence
100%
Model
gemini-2.0-flash
Framing
Legal / procedural

Speaker & context

Speaker
ZOE LOFGREN
Party
D
Chamber
H
State
CA
Gender
—
Date
2017-09-14
Speech ID
CREC-2017-09-14-pt1-PgH7387-2_t35
Paragraph
#1
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