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Shielding Unauthorized Aliens — Sufficiency of the evidence

By: WISCONSIN LAW JOURNAL STAFF//November 13, 2014//

Shielding Unauthorized Aliens — Sufficiency of the evidence

By: WISCONSIN LAW JOURNAL STAFF//November 13, 2014//

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U.S. Court of Appeals
For the Seventh Circuit

Criminal

Shielding Unauthorized Aliens — Sufficiency of the evidence

Assisting illegal aliens who lack social security numbers in obtaining legal title to automobiles does not constitute shieling unauthorized aliens under 8 U.S.C. 1324(a)(1)(A)(v)(I).

“Consider the one thing most likely to induce an unauthorized alien to reside in the United States: employment. It is unlawful to employ an alien whose visa does not authorize work. 8 U.S.C. §1324a. But the penalties for violating this statute are fines, §1324a(e), and imprisonment capped at six months, §1324a(f). What sense could it make to set six months as the maximum punishment for employing an unauthorized alien, while allowing imprisonment for five years under §1324(a)(1)(B)(ii) for someone who makes it just a little easier for the same alien to get clear title to the car used to drive to work? It is far better to read §1324(a)(1)(A)(iv) as inapplicable to the provision of goods and services that are attractive to unauthorized aliens, legally residing aliens, and citizens alike.”

Reversed.

13-3430, 13-3468, 13-3516, 13-3517 & 13-3559 U.S. v. Borrero

Appeals from the United States District Court for the Northern District of Indiana, DeGuilio, J., Easterbrook, J.

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