Session #115 · 2017–19

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

U.S. Court of Appeals for the Fifth Circuit The Fifth Circuit's definition of harboring is broader than the Second and Third Circuits. It rejects the notion that to be convicted of harboring a defendant's conduct must be part of a smuggling operation or involve actions that hide immigrants from law enforcement authorities. See De Jesus- Batres, 410 F.3d at 162 (specific intent is not an element of the offense of harboring). An early Fifth Circuit decision, U.S. v. Cantu, 557 F.2d 1173 (5th Cir. 1977), remains informative. In Cantu, immigration agents visited the restaurant owned by Mr. Cantu because they received information that he was employing undocumented workers. The agents wanted to question the employees. Mr. Cantu refused admission to his restaurant until they could provide a warrant. While the immigration authorities waited outside for the warrant, Mr. Cantu made arrangements with at least two of his patrons to drive some of his undocumented employees into town. Mr. Cantu also arranged for his employees to sit in the restaurant and then leave the restaurant like customers. As the employees left the restaurant, the immigration agents approached them and questioned them about their immigration status. The agents determined their illegal status and arrested them. Mr. Cantu argued that, because he did not instruct his employees to ``hide,'' and because the employees left the restaurant in full view of the officers, he could not be charged with shielding immigrants from detection. He also argued that his actions were not connected to any smuggling activity. The Fifth Circuit, relying on the Second Circuit's Lopez decision, rejected these arguments, and determined that Mr. Cantu's actions--instructing the employees to act like customers so they could evade arrest--tended to facilitate the immigrants remaining in the U.S. illegally. Id. at 1180. In another Fifth Circuit case, United States v. Varkonyi, 645 F.2d 453 (5th Cir. 1981), the court cited to Lopez to assert that the harboring statute prohibits ``any conduct which tends to substantially facilitate an alien's remaining in the U.S. illegally.'' Id. at 459. Mr. Varkonyi provided a group of undocumented immigrants with steady employment at his scrap metal yard six days a week as well as lodging at his warehouse. On previous occasions, he had instructed and aided the men in avoiding detection and apprehension. On the day of their detention, Mr. Varkonyi interfered with Customs and Border Protection agents' actions by forcibly denying them entry to his property through physical force. Here, the circuit court found that Mr. Varkonyi's conduct went well beyond mere employment and thus constituted harboring. Id. at 459. In this case, the court pointed out that Mr. Varkonyi knew of the immigrants' undocumented status, he had instructed the immigrants on avoiding detection on a prior occasion; he was providing the immigrants with employment and lodging, he interfered with immigration agents to protect the immigrants from apprehension; and he was partly responsible for the escape of one of the immigrants from custody. Id. Given these facts, the circuit court found that Mr. Varkonyi's conduct, both before and after the detention of the immigrants, was calculated to facilitate the immigrants remaining in the U.S. unlawfully. Id. at 460. In 2007, the Fifth Circuit ruled in another employment harboring case that ``substantially facilitate'' means to make an individual's illegal presence in the United States substantially ``easier or less difficult.'' United States v.
Keywords matched
immigration Border Protection undocumented immigrants

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
#6
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