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Drawing the Line: What Constitutes Harboring Under the Alien Harboring Statute?

The harboring provision of the Immigration and Nationality Act criminalizes the act of “concealing, harboring, or shielding from detection” any alien who is unlawfully present in the United States. This article examines a few federal cases to illustrate the doctrinal contours of harboring — drawing a clear distinction between active concealment and passive accommodation.

9 minute read April 30, 2025 at 11:07 PM
By
Harry Sandick and Kabir Hashmi
Drawing the Line: What Constitutes Harboring Under the Alien Harboring Statute?

The harboring provision of the Immigration and Nationality Act, 8 U.S.C. §1324(a)(1)(A)(iii), criminalizes the act of “concealing, harboring, or shielding from detection” any alien who is unlawfully present in the United States.

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