Criminal Defense of Immigrants

(A)  Alien Harboring and Transportation Not Included.  This ground is triggered only by conduct that knowingly encouraged, induced, assisted, abetted, or aided any other noncitizen to enter or try to enter the United States in violation of law.[200]  Unlike the statute defining criminal offenses related to alien smuggling, harboring, and transporting,[201] and unlike the aggravated felony triggered by a criminal conviction of the same three offenses, this conduct-based ground of deportation is based only on alien smuggling conduct, and conduct related to harboring an undocumented noncitizen or transporting one within the United States will not trigger deportation under this ground, unless they also aided in the unlawful entry itself.[202]

[200] INA § 237(a)(1)(E)(i), 8 U.S.C. § 1227(a)(1)(E)(i).

[201] INA § 274(a), 8 U.S.C. § 1324(a).

[202] See C. Gordon, S. Mailman, & S. Yale-Loehr, Immigration Law and Procedure § § 63.07[5], 111.08[2][a] (2004).