Legal Question in Immigration Law in New York

Illegal aliens

What laws are violated when someone enters the USA illegally and what laws are violated if someone harbors and/or offers employment to a known illegal alien?


Asked on 10/10/04, 12:48 pm

1 Answer from Attorneys

Antonio Maldonado Maldonado Myers LLP

Re: Illegal aliens

8 USC Section 1324a(a)(1) is violated when you offer employment to someone who is not authorized to work under the immigration laws. If there is a pattern or practice of violating this law you can be fined and/or imprisoned for up to 3 years.

8 USC Section 1324 establishes that a person that harbors an illegal alien can be fined and/or imprisoned for up to 5 years, 10 years if there is a financial gain, or longer terms if there is bodily injury or death to anyone.

8 USC 1325 establishes that an alien who entered without inspection at a place other than a port of entry (i.e. illegally) can be fined and/or imprisoned for up to 6 months and up to 2 years if it has been done more than once. If the alien was deported before entering illegally then the terms for imprisonment are longer depending on fact specific circumstances.

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Answered on 10/11/04, 2:31 pm


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