Whether translated out-of-court testimonial statements may be admitted without violating the Confrontation Clause when the interpreter is deemed an agent or language conduit

QUESTIONS PRESENTED 8 U.S.C. § 1824(a)(1)(A)Gii) (the “Alien Harboring Act”) imposes criminal penalties upon any person who, “knowing or in reckless disregard of the fact that an alien has come to, entered, or remains in the United States in violation of law, conceals, harbors, or shields from detection ... such alien in any place.” (emphasis added). The Sixth Amendment’s Confrontation Clause provides that, “[i]n all criminal prosecutions, the accused shall enjoy the right ... to be confronted with the witnesses against him.” U.S. Const. Amend. VI. The questions presented are: 1. Whether translated out-of-court testimonial statements may be admitted by the Government as evidence against a defendant without providing the defendant with an opportunity to cross-examine the interpreter, and without violating the Confrontation Clause of the U.S. Constitution, simply because the interpreter is deemed to be either an agent of the defendant or acted asa language conduit. 2. Whether the Alien Harboring Act establishes criminal liability over individuals who merely shelter a non-citizen with intent to violate the law, absent some further effort to conceal the non-citizen from the authorities. i