A client recently inquired of C-G concerning language it proposed for a lease making the lease terminable were the tenants later found to have violated the immigration laws. Because of the anti-discrimination provisions promulgated pursuant to the 1986 Immigration Reform and Control Act, we did not think such a termination provision was advisable. Nevertheless, the situation highlighted a potential problem confronted by landlords who lease to persons whom they suspect may be undocumented, i.e. could the landlord become subject to prosecution on the basis of “harboring” illegal aliens?  Unfortunately, as it happened, the question has not been just theoretical, but in certain jurisdictions has been played out. Today, the American Immigration Lawyers’ Association posted on its website a very telling article about such a criminal prosecution of a landlord, which happily resulted in his being cleared of all charges, but which underscores the more threatening enforcement environment we are in. The article is set forth in full, as follows:   

Cite as “AILA InfoNet Doc. No. 08070968 (posted Jul. 9, 2008)”

On 06/27/08, William Jerry Hadden, a Kentucky landlord who faced 62 charges in US District Court of renting apartments without verifying the immigration status of the future tenants, was found not guilty on all charges.

The trial is thought to be the first time the federal government has prosecuted a landlord for renting to undocumented immigrants, defense attorneys said in court filings.

Hadden’s defense attorneys steadfastly maintained his innocence and claimed that the federal government was twisting the intent of harboring laws, which they say were intended to target human traffickers or employers who are trying to hide their work forces. They further noted that it is not illegal to rent to undocumented immigrants, and Hadden therefore had no legal obligation to check any tenant’s immigration status.

The court agreed with the defense and ruled that there had to be evidence that the defendant intended to violate the immigration laws by concealing or hiding tenants.