Transporting your undoc family could jeapordize your DACA status

Under 8 U.S. Code § 1324, it is a federal offense to knowingly transport or harbor undocumented immigrants. This law is generally enforced against individuals engaged in human smuggling or those transporting undocumented individuals for profit. In familial situations, like driving your undocumented mother, prosecution under this statute is rare. But not impossible.

As a DACA recipient, you are considered lawfully present in the U.S. for certain purposes. However, DACA does not confer legal status or immunity from deportation. Engaging in activities deemed unlawful, including transporting undocumented individuals, could potentially jeopardize your DACA status. And under this administration, it most likely will.

"KNOWINGLY"

-Never seen these people in my life..

They just hopped in. I just kept on driving, officer.

Case Example: U.S. v. Lopez (5th Circuit, 2007)

Facts:
A U.S. citizen named Juan Lopez was caught transporting several undocumented immigrants in his vehicle. He admitted to knowingly picking them up near the border and driving them further inland. He was paid for the transport.

Outcome:
Lopez was convicted under 8 U.S. Code § 1324(a)(1)(A)(ii) for transporting undocumented individuals “in furtherance of their illegal presence.” The key factor was that he knew they were undocumented and that he received compensation.
Rare for Familial Cases:

There are no major reported cases of someone being prosecuted just for driving an undocumented family member (like a parent or spouse) without any profit motive or criminal scheme.

However, the statute technically allows for prosecution even without profit if the government can prove the transport was done “in furtherance” of the undocumented person’s illegal stay — but this is almost never enforced in family settings due to prosecutorial discretion and humanitarian policy considerations.

What a mess. Now you can't even give a ride to hitch hikers in so called free and democratic united states.