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Can you keep a secret? 

A pastor asked me if he was required by federal law to report the presence of an undocumented alien at his church.  As with most complex legal questions, it depends.  There are general duties that the law puts on a private citizen as a matter of social policy.  These are called “affirmative” duties.  For example, Texas Family Code, Chapter 5, Section 261 .101(a) states:

A person having cause to believe that a child’s physical or mental health or welfare has been adversely affected by abuse or neglect by any person shall immediately make a report as provided by this subchapter. (emphasis added).

Failure to report suspected child abuse in Texas is a Class B misdemeanor.  Immigration, on the other hand, is the province of federal law.  Currently, there is no affirmative duty under Federal law that requires a private citizen to report the presence of an illegal alien. 

The situation changes somewhat in the employment context.  All employers are required to verify the immigration status of their employees using Form I-9 (pdf).

Additionally, some employers of non-immigrant visa holders, such as H-2A visas, are required to report employees that abscond or leave their job.  Additionally, states, counties and cities are prohibited from preventing their employees from notifying immigration authorities about undocumented aliens.  See the ISAAC Newsletter on so-called sanctuary cities.  Additionally, those who wish to report undocumented aliens can do so by calling the Department of Homeland Security (DHS).  DHS does not accept anonymous tips or reports via email.

Until next time, consider the facts, examine your sources of information and remember to keep “separating the wheat from the chaff.”
 
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