Thursday, August 6, 2009

Can you get arrested for overdue credit cards...or huge debts?

My friend wants to declare bankruptcy, but she is married to an illegal mexican man who is using a fake social security number (If I knew his name and place of work, I would turn him in myself)...and she is on welfare. She recently got on welfare (she has a child).



She is worried that by declaring bankruptcy ...they could find out her husband is illegal...and they will not be eligible for bankruptcy. She is wondering if she could lose her child...her husband...and end up in jail for debts.



Can you get arrested for overdue credit cards...or huge debts?

Well if her husband is living with here, then she is viable by this.



It is a violation of law for any person to conceal, harbor, or shield from detection in any place, including any building or means of transportation, any alien who is in the United States in violation of law. HARBORING MEANS ANY CONDUCT THAT TENDS TO SUBSTANTIALLY FACILITATE AN ALIEN TO REMAIN IN THE U.S. ILLEGALLY. The sheltering need not be clandestine, and harboring covers aliens arrested outdoors, as well as in a building. This provision includes harboring an alien who entered the U.S. legally but has since lost his legal status.



An employer can be convicted of the felony of harboring illegal aliens who are his employees if he takes actions in reckless disregard of their illegal status, such as ordering them to obtain false documents, altering records, obstructing INS inspections, or taking other actions that facilitate the alien%26#039;s illegal employment. Any person who within any 12-month period hires ten or more individuals with actual knowledge that they are illegal aliens or unauthorized workers is guilty of felony harboring. It is also a felony to encourage or induce an alien to come to or reside in the U.S. knowing or recklessly disregarding the fact that the alien%26#039;s entry or residence is in violation of the law. This crime applies to any person, rather than just employers of illegal aliens. Courts have ruled that %26quot;encouraging%26quot; includes counseling illegal aliens to continue working in the U.S. or assisting them to complete applications with false statements or obvious errors. The fact that the alien is a refugee fleeing persecution is not a defense to this felony, since U.S. law and the UN Protocol on Refugees both require that a refugee must report to immigration authorities without delay upon entry to the U.S.



The penalty for felony harboring is a fine and imprisonment for up to five years. The penalty for felony alien smuggling is a fine and up to ten years%26#039; imprisonment. Where the crime causes serious bodily injury or places the life of any person in jeopardy, the penalty is a fine and up to twenty years%26#039; imprisonment. If the criminal smuggling or harboring results in the death of any person, the penalty can include life imprisonment. Convictions for aiding, abetting, or conspiracy to commit alien smuggling or harboring, carry the same penalties. Courts can impose consecutive prison sentences for each alien smuggled or harbored. A court may order a convicted smuggler to pay restitution if the alien smuggled qualifies as a victim under the Victim and Witness Protection Act. Conspiracy to commit crimes of sheltering, harboring, or employing illegal aliens is a separate federal offense punishable by a fine of up to $10,000 or five years%26#039; imprisonment.



Now as far as losing her child, if she goes to jail she%26#039;ll lose her child. As far as I know, unless she is writing bad checks, she won%26#039;t go to jail for debts. All they%26#039;ll do is drag her credit through the mud.

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