Understanding the Federal Offenses of Harboring, Transporting, Smuggling, and Encouraging under 8 U.S.C. § 1324(a)

With the Trump Administration adopting harsh anti-immigrant policies and the Attorney General Jeff Sessions prioritizing immigration-related prosecutions, there is growing concern that federal law enforcement could expansively interpret the criminal statutes penalizing harboring, transporting, smuggling, and encouraging codified at 8 U.S.C. § 1324(a) and use the federal investigation and prosecution process to chill and retaliate against immigrant organizing, know-your-rights initiatives, and political dissent. This memorandum analyzes legal authority on harboring, transporting, smuggling, and encouraging under 8 U.S.C. § 1324(a), paying particularly attention to the harboring provision under 8 U.S.C. § 1324(a)(1)(A)(iii).