“Convictions obtained today might be deemed unfounded tomorrow; prosecutors do not know how much evidence they must adduce, much less prove beyond a reasonable doubt, at trial,” the restaurateurs said.
The government, in its April brief opposing the duo’s requested writ of certiorari, asserted that there was no reason to believe the restaurateurs’ case would have concluded differently in another appellate circuit. It also maintained that there was no error in the Sixth Circuit’s majority decision, which aligns with the statute against harboring unauthorized immigrants.
All three judges on the Sixth Circuit panel agreed that the government did not need to prove the two restaurateurs paid the four unauthorized workers in cash, had them live in the restaurateurs’ basement, instructed them not to go outside except for work, and transported them directly to and from the restaurant with the specific intent to hide those workers from the government. However, only two out of the three judges agreed that the government did not need to prove intent to secure a conviction.
