Thread: Help! My tenants are illegal aliens

Help! My tenants are illegal aliens
Real Estate News

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http://www.inman.com/inmaninf/storyxml/news/52755

Thursday, June 05, 2008

Rent it Right

Janet Portman
Inman News

Q: I am a landlord in a Southern border state. I've just learned that a family on my property is in the United States illegally. On the one hand, I really don't care -- these are good tenants who pay the rent and cause no problems. But I remember that some churches in our state were charged with illegally "harboring" illegal immigrants many years ago, and I'm wondering if I am at risk for being charged with harboring this family. --William P.

A: "Harboring" a person who is illegally in the United States has been a federal crime since 1917. It's been used against human trafficking rings and, in the 1980s, against the Sanctuary Movement that involved churches and individuals giving shelter to Central American asylum seekers. The current law is in the Immigration Reform and Control Act of 1986, which made it a crime to "conceal, harbor, or shield from detection" an illegal immigrant. If you've acted "knowingly or in reckless disregard of the fact that an alien has come to, entered or remains in the United States in violation of law," you come within the law's reach. Unfortunately, Congress never defined the term "harboring." And although Congress has explicitly said that employers who knowingly hire undocumented immigrants are not guilty of harboring, they've never given rules for landlords.

As is common when there's a legislative vacuum, the courts step in with its ideas of what's what. In the case of harboring, federal courts haven't agreed. Some (covering Connecticut, New York and Vermont) have defined the term to mean housing undocumented immigrants in an effort to hide them from law enforcement; others (in Texas, Louisiana and Mississippi) have understood it to mean simply housing immigrants whom the landlord knows to be illegal, and an even looser definition (used in Arizona, California and other Western states) defines harboring as merely being part of the transportation of illegal immigrants without necessarily knowing that they're here illegally, let alone attempting to shield them from detection.

If you live in a state whose harboring definition covers your situation, you aren't necessarily without a defense. First, prosecuting landlords for harboring illegal immigrants would place them in the untenable position of having to ascertain their tenants' immigration status. Immigration law and documents are arcane and difficult to understand, and it's a task that the federal government has reserved for itself. For this reason, many of the "anti-immigrant" ordinances that have sprung up since 2005, making it illegal to rent to or employ illegal immigrants, have been struck down as impermissible infringements on the federal government's right to regulate immigration. If you're in California, you have a really good defense: By law, you're forbidden from asking tenants or prospects about their immigration status.

Second, a risk of harboring charges would invariably lead to more fair-housing complaints based on discrimination on the basis of "national origin," which is illegal under the federal Fair Housing Act. Again, because immigration papers are so difficult to interpret, a landlord could unwittingly deny housing by misreading the documents -- but the disappointed applicant may interpret the denial as based on his national origin. Regardless of the outcome of the complaint, it will ensnare the landlord, a fair-housing agency, and perhaps a court until it is settled or resolved.

Finally, consider that being in the U.S. illegally is a civil wrong that's punishable by deportation; but harboring is a crime, with a possible sentence of prison and a fine. Sending a landlord to prison and the tenant to the bus station is a result that won't sit well with many judges.

The best answer you'll get on whether you're at risk for harboring will come from a savvy assessment of the political interests of those who could bring charges -- the local federal prosecuting attorney and immigration authorities. Not that you should give them a call and ask if they have any plans to arrest landlords for harboring -- that might plant an idea that otherwise wouldn't have sprouted. Instead, try to find an attorney in your area who represents people charged with federal crimes, and hopefully has an immigration practice, too. That person ought to know, or be able to discretely find out, what interest, if any, federal officials have in going after those who rent to illegal immigrants.

And the fog thickens.........

HA he's only worried bout his own butt . Pay the rent and be Very Very Quiet said Elmer Fudd !

Finally, consider that being in the U.S. illegally is a civil wrong that's punishable by deportation; but harboring is a crime, with a possible sentence of prison and a fine. Sending a landlord to prison and the tenant to the bus station is a result that won't sit well with many judges.

Government beauracracy run amok, a felony for the landlords, but only a misdemeanor for illegals?? If the illegals used fake ID, it's now a felony for them too. Wouldn't the landlord be protected if he turns them in to ICE?

Just calling ICE comes to mind if this writer wants to do the right thing.

S/he can always report anonymously if in doubt.

Government beauracracy run amok, a felony for the landlords, but only a misdemeanor for illegals?? If the illegals used fake ID, it's now a felony for them too. Wouldn't the landlord be protected if he turns them in to ICE?

Ya never know since it could backfire......and they wonder why people don't say anything or are afraid to do anything. Damned if you and damned if you don't.

Don't trust anyone!!

I am a landlord in a Southern border state. I've just learned that a family on my property is in the United States illegally.

How did you "just learn" they were illegal? Didn't you ask for any identification prior to entering into a lease agreement with them? What type of identification did they present if any? Didn't you do a background check, check their credit, any of those things that a landlord would typically do before entering into a rental contract.

Sorry, I would have a difficult time believing you were an innocent landlord who was duped into renting to illegals. The only truth to your question is when you stated , " On the one hand, I really don't care -- these are good tenants who pay the rent and cause no problems."

I suspect you knew they were illegal all along, but are now worried because of the increase in enforcement over this past year.

Originally Posted by NoBueno

I am a landlord in a Southern border state. I've just learned that a family on my property is in the United States illegally.

How did you "just learn" they were illegal? Didn't you ask for any identification prior to entering into a lease agreement with them? What type of identification did they present if any? Didn't you do a background check, check their credit, any of those things that a landlord would typically do before entering into a rental contract.

Sorry, I would have a difficult time believing you were an innocent landlord who was duped into renting to illegals. The only truth to your question is when you stated , " On the one hand, I really don't care -- these are good tenants who pay the rent and cause no problems."

I suspect you knew they were illegal all along, but are now worried because of the increase in enforcement over this past year.

Sounds very much like my employer. Opened his properties up to illegals who were a sure thing as far as rent and "cause no problems" which actually means, they don't expect a nice place to live and won't complain about anything.

LOL.....unfortunately......for him anyway ........that little open door policy of his is costing him in a big way nowadays.