Legal Question in Immigration Law in California

Re: Sue for harboring undocumented alien

This is not really an immigration question but a civil law Q. There's no liability for so-called "harboring an undocumented alien". It's not unlawful to have an illegal alien lives with someone. Only if the person is aiding and abetting the alien to commit real crimes then the person is guilty as an accomplice. But that's a criminal matter for the DA and FBI to prosecute, and you should have already talked to them anyway.

Besides possible criminal charges against these people, you can bring a civil suit against them for fraud and identity theft, among other things, and to ask the court to order the guy to return your car. They probably won't show up in court to defend themselves and you'll get a default judgment. If the aunt owns anything worthwhile then you can collect but if they're judgment-proof anyway, you'll have a hard time collecting anything on the judgment. As for serving them with court papers, you seem to know where the aunt lives so serve her there, and as for the alien, use his last known address. You might have to serve by publication.

Overall, a very tough situation. The car will probably be stripped soon by the guy. Since the litigation process is time-consuming and costly, it might be better just to swallow the loss and get a new car.

Liem Doan, Esq.

Note: The above response is provided for legal information only and is not legal advice. Such advice can only be rendered after an

attorney-client relationship has been expressly established.