A Florida bill currently under consideration by the state senate went viral on Twitter today:

“A DeSantis backed bill would establish 3rd and 2nd degree felonies for Floridians that have undocumented people in their homes or cars, even if they are related to them. Violators could be punished by up to 15 years in jail.”

That sounds extreme, so I decided to read the bill for myself to determine whether it was actually as extreme as the Tweet claimed. Here’s what I found:

“[A] person who knowingly and willfully commits any of the following offenses commits a felony of the third degree…

(a) Transports into or within this state an individual whom the person knows, or reasonably should know, has entered into the United States in violation of the law and has not been inspected by the Federal Government since his or her unlawful entry from another country.

(b) Conceals, harbors, or shields from detection, or attempts to conceal, harbor, or shield from detection, in any place within this state, including any temporary or permanent structure or through any means of transportation, an individual whom the person knows, or reasonably should know, has entered the United States in violation of law and has not been inspected by the Federal Government since his or her unlawful country.”

Florida SB 1718, Pages 19-20

That is extreme, but not quite as extreme as the viral tweet. For one thing, the actual bill does not criminalize:

• Living with a roommate who you had no reason to suspect was an undocumented immigrant
• Hosting strangers at your property through Airbnb
• Transporting a stranger as an Uber driver
• Transporting a stranger as a taxi driver
• Transporting strangers as a bus driver
• Giving your friend a ride when you have no reason to suspect your friend is an undocumented immigrant

It’s admittedly a bit dystopian to think about not being able to give your undocumented parent a ride home from the hospital after they get a splint for a broken leg, but at least the bill doesn’t criminalize the mere act of unknowingly having an undocumented immigrant in your car or home as the tweet suggested.

What constitutes “harboring” an illegal immigrant?

If U.S. citizen born in the U.S. let their undocumented parent live with them, would that citizen be “harboring” an undocumented immigrant?

According to The Ansara Law Firm in South Florida,

“A person doesn’t have a duty to report another individual to police just because they suspect or know that the other person committed a felony. It’s aiding them that is a crime. So simply living with someone known to have committed a felony does not make you an accessory.”

However, there is some ambiguity in that analysis because the same article provides the following example of harboring:

“Janet sheltered James in her garage for a night to help him avoid being caught by the cops after he had robbed a local convenience store.”

The difference in that example is intention. Jane intended to help James avoid being caught by law enforcement. Arguably, if James had been Jane’s roommate and Jane simply hadn’t reported James after he came home and said he had robbed a local convenience store, then Jane may not have been harboring. This is a somewhat nuanced and gray area though.

NOTE: Nothing in this article is intended as legal advice. Consult with a licensed attorney if you are in need of legal counsel.