In the past, we’ve covered what alien smuggling is and what to do if you are facing an alien smuggling charge. We want to take a closer look at the
risks associated with aiding illegal border crossing into Texas, the possible penalties and years in prison you face if convicted, and the options you have for a strong criminal defense. The federal code for illegal alien smuggling is any act in any way at any time that assists somebody with the unlawful entry into the United States, and
we’ve covered some of the details and misconceptions surrounding that federal violation that you should review for better knowledge and understanding of illegal border crossing and alien smuggling. Hello, and welcome back to In Your Defense. I’m attorney Steve Toland. I want to spend a little time today talking about the state charge of alien smuggling, and that’s giving someone a
ride who doesn’t have legal status in the United States, uh, with the intent to help them avoid being detected by authorities. And believe it or not, we’re seeing an incredible amount of state charges being brought for people doing that. And in the past, we had only seen, uh, the federal charge of illegal alien smuggling. The federal code for illegal alien smuggling is quite broad, but the Texas penal code includes several types of offense that can increase the penalties you face if
convicted of the crime of aiding someone in illegal border crossing. What is illegal alien smuggling exactly? It’s when you, with prior knowledge, agree to give a ride to an illegal immigrant who is unlawfully crossing the border into the U.S., help them avoid detection, or to conceal them in any way. The laws concerning this unlawful act include several aspects of the crime that and greatly affect your criminal charges and your criminal defense strategy. Simply being apprehended in the act of harboring an illegal immigrant with intent to illegally cross the border places you at great risk for a third-degree felony. Texas code includes additional charges and penalties for the receipt of pecuniary funds. What are pecuniary funds in relation to illegal alien smuggling? That’s just a really convoluted way
of saying you received payment for the illegal act of harboring and aiding an illegal immigrant in their crossing the border. The definition if this illegal aspect is quite broad, so even receiving gas money from an illegal immigrant in the process of this crime can be construed as pecuniary funds and can be used against you to raise the degree of your suspected crime. You could possibly face 10 years in prison if caught and convicted of this crime, and you could be looking at much more
serious charges and penalties for smuggling an illegal immigrant who is under the age of 18. Our sagest immigration and criminal defense law advice is to NOT commit these crimes, and we want to be sure you know that harboring and transporting an illegal immigrant minor will bump up that third degree felony to a second degree felony. The safety or potential peril of the illegal immigrants you are harboring and transporting also weighs heavily on the charges and penalties you will face if
caught. Think of common driving infractions like speeding, occupant capacity, and seatbelt infractions, and know that any and all of those crimes can make the charges for the offense of illegal alien smuggling skyrocket. Any aspect of the transportation that could cause serious bodily harm to the illegal immigrants you are harboring increases the penalties you face, especially if anyone in your care is killed in the midst of the journey. These types of offense can land you in prison for up to 20 years. An illegal alien smuggling charge can even end up being a first degree felony if it is learned that, as a result of you transporting them, an illegal immigrant you helped transport to the U.S. ends up being a victim of sexual assault. So, a simple favor for a friend of a friend can quickly escalate and leave you facing criminal charges. If you or a loved one have questions about immigration law, illegal alien smuggling charges, or need other legal advice on a strong criminal defense from well-practiced attorneys and experts with over 20 years of experience and hundreds of immigration cases under their belt, please call us as soon as possible. We’re always here to help. Migrants have many reasons for traveling to the United States, but when it comes to illegally coming to the U.S., the reason is usually to seek a better quality of life. Many immigrants rightfully feel that the situation in their country of origin is unbearable, so they seek a new life and welfare in the United States. However, in situations of economic hardship and time constraints, it can be difficult to cross borders legally. This, however, is extremely illegal for the immigrant and those smuggling immigrants. In this article, we will go over the harsh realities of smuggling illegal immigrants and the punishments one faces for harboring illegal immigrants. If you are looking to come to the United States, the immigration and naturalization attorneys at Scott D. Pollock & Associates P.C. are here to help. We can go over your options so that you can safely and legally enter the United States. The Harsh Reality of Smuggling ImmigrantsThe act of both smuggling and harboring illegal immigrants has been and continues to advance into strategic underground businesses that create mass profit for the ones smuggling. First and foremost, smuggling immigrants is highly illegal. If you are looking to come to the United States, understand that an underground smuggling agency is not in your best interest. It is illegal, yes, but it also leaves you extremely vulnerable. Smugglers often commit this crime to profit at the hands of vulnerable immigrants. Most people seek to enter the United States as undocumented migrants to seek a better life, and typically, for good reason. Harsh living conditions, torment, and despair can leave people desperate to come to the U.S at any cost. However, smugglers capitalize on these harsh situations. Those committing the crime of smuggling immigrants leave the migrants at the hands of the criminals. They hold power over migrants, who are often kept or left in physically harmful conditions. There is no guarantee for safety, and many immigrants suffer pain, suffering, and even death en route to the U.S. with illegal smugglers. Who Are the People Smuggling Immigrants?The criminals who are transporting undocumented immigrants vary. While family members may try to smuggle relatives into the U.S., most often smugglers are considered “professional” criminals and make smuggling immigrants their full-time job. The underground smuggling business is growing into organized networks that involve borders much further than the United States. Regional and global organized crime groups have included smuggling with other trafficking crimes such as drugs. Other times, people may run a credible international business and smuggle people within their legitimate business for extra profit. In addition to organized smuggling groups, criminals who smuggle illegal immigrants into the United States can include:
Any person and/or group who participates in the crime of smuggling immigrants is considered a criminal in the eyes of the United States law. These smugglers are often people who are looking to make a profit and capitalize off of migrants’ vulnerability. Smuggling immigrants is known to bring in major profit for these criminals at the expense of an immigrant’s wellbeing. The Price of Smuggling ImmigrantsOftentimes, there is a misconception that coming to the United States legally is more expensive than the alternative—illegally entering through smuggling. However, this is not the case. Though sometimes smuggling is “cheaper”, an immigrant’s safety is usually dependent on how much they are willing to pay. Since many immigrants come to the United States to flee hardship, many do not have the monetary means to pay for safe travels across borders. Instead, smugglers promise to accept small amounts of payments at a time. However, this debt can be detrimental to a person’s wellbeing. Immigrants may be stranded if they cannot produce payment or abused if they cannot pay. Either way, the result is harmful to the immigrant. Unlawful EntryUnlawful entry is a felony. Crossing into the United States border illegally can result in criminal penalties, fines, and imprisonment. If you are a citizen of a country outside of the United States and are looking to enter the U.S., contact the immigration attorneys at Scott D. Pollock & Associates P.C. We can go over options for you about how to best enter the United States legally. If you are in a compromised situation and feel in danger, we can discuss potential options. Working with an immigration attorney is the best way to enter the United States. We will make sure that your forms are filled out thoroughly with the appropriate evidence included. The immigration attorneys here at our firm are here to help you. The Laws Concerning Smuggling ImmigrantsSmuggling illegal immigrants is a federal crime in the United States. Here, we will review the consequences of the person found smuggling immigrants. For more information about removal proceedings and unlawful entry penalties for noncitizens, click on the links. Two main laws cover the consequences of smuggling immigrants into the United States. The legal reference for smuggling consequences can be found in the U.S. Immigration and Nationality Act. (I.N.A.), § 274(a)(1)(a) and 274 (a)(2). You can also find the statutes in 8 U.S.C. § 1324. Categorizing OffensesHere are some of the main offenses that count as smuggling illegal immigrants:
Other, less obvious offenses than the physical act of smuggling or harboring include:
Smuggling Illegal ImmigrantsTransporting undocumented immigrants can be charged in two main ways: escorting and smuggling. Transporting Undocumented ImmigrantsIt is a crime to aid in bringing an illegal immigrant into the United States at a location that does not have inspections. This means that a person needs to go through an official U.S. border patrol spot to enter the United States. Even if a non-U.S. citizen has a visa of any kind, they still must enter through a designated port, according to the U.S. Code on bringing in and harboring immigrants. Transporting undocumented immigrants into the United States anywhere else but a designated spot is illegal. Harboring Illegal ImmigrantsThe next part of the law is in regards to harboring illegal immigrants. If a person does the following, they are breaking federal law:
Harboring can take the form of keeping a person in one spot or providing transportation for them. In the legal cases of smuggling immigrants, any attempt to do any of the above acts is also considered illegal. The harboring and transporting section, explicitly in Section 274(a)(2), refers to the act of sneaking an immigrant past the border patrol also. This differs from the first felony because, instead of avoiding a port of entry, the smuggler (attempts to) sneak the illegal immigrant through the port of entry. Human Smuggling ChargesThe penalties for smuggling immigrants differ depending on the act of smuggling and other factors including if a person smuggles for profit. What Happens If You Get Caught Smuggling ImmigrantsTransporting illegal immigrants can happen in two ways, as discussed above:
If a smuggler brings an illegal immigrant over at a non-designated point of entry, they are liable to pay a fine, be imprisoned for up to 10 years, or both. However, this is for a single smuggled immigrant. The punishment can multiply. In addition, the following consequences can occur:
If the smuggler takes a person across a point-of-entry and sneaks them in, then the punishment is either a fine, up to one year in prison, or both. This same consequence is what happens if you house an illegal immigrant. Smuggling Immigrants for ProfitIf it is found that a person is transporting an illegal immigrant to make a profit, their sentence can be increased up to 10 years. The penalties for smuggling also increase with the number of times a smuggler is caught. They will need to give up any profit they made as well as the mode of transportation used for smuggling. Smuggling Immigration Factors
What About Political Asylum?Political asylum is for foreign nationals who come to the United States seeking protection from the following reasons of and for persecution:
Asylum seekers come to the United States for refuge, yet are different from refugees. Asylum seekers are seeking protection from persecution, but have not yet been considered a refugee; a refugee is forced to leave their nation because they are not protected by their government. Asylum is a difficult process as the asylum seeker must be physically present in the United States. You also must apply for political asylum within the first year of coming to the United States. So, what does political asylum have to do with transporting and harboring illegal immigrants? Because a person may not know the asylum process and attempt to harbor an illegal immigrant. If you or someone you know is attempting to help a person seeking asylum, the best thing to do is to bring them to an immigration officer. Bringing an illegal immigrant to an immigration officer may not excuse the smuggler from facing criminal penalties, but the severity and time may be reduced. If a person does not go straight to a checkpoint to help a noncitizen legally enter the U.S., they will face legal consequences, such as prison time for up to ten years. Come to the United States by Contacting the Immigration Attorneys at Scott D. Pollock & Associates P.C.Immigration law is serious business and the consequences for smuggling immigrants are severe. Oftentimes, smuggling immigrants involve misusing and taking advantage of a person’s vulnerability. The immigration attorneys here at Scott D. Pollock & Associates P.C. are on your side to safely and legally enter the United States. We provide affordable legal services to our clients. We care about your safety and your wellbeing. Talk to your legal team today so that we can ensure safe entry into the U.S. Entering the United States legally will make life so much better going forward. If you enter the U.S. illegally, coming back to the U.S. is more difficult each time and you will most likely face penalties, especially for repeated unlawful entry. Though the process may seem intimidating at first, the immigration visa and green card lawyers at our immigration law office are here to provide solace and efficiency in your immigration process. We are here to help. Contact us by calling 312.444.1940 or filling out an online form today. We look forward to hearing from you about your immigration needs! How long do you go to jail for smuggling immigrants?Bringing or attempting to bring an alien into the U.S. – 10 years in prison. Transporting or harboring an illegal immigrant for profit – 10 years in prison. Transporting or harboring an illegal immigrant (not for profit) – 5 years in prison.
What is the charge for alien smuggling?Alien Smuggling: If you are convicted of illegal alien smuggling in federal court, you face a maximum of 10 years in federal prison. If, during and in relation to the offense, you cause serious bodily injury or put in jeopardy the life of any person, the penalty can be increased to a maximum of 20 years.
How long do you go to jail for smuggling immigrants in Texas?Illegal People Smuggling Penalties
Depending on the nature of the alleged offense and the defendant's previous criminal record, conviction on illegal immigration smuggling charges is punishable by two to 20 years in a Texas Prison.
What are the consequences of smuggling?Penalties under Section 274(a)(1)(a) can include a fine under under Title 18 of the U.S. Code, a prison term of up to ten years, or both. The punishment gets multiplied by the number of people smuggled.
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How much time can you get for smuggling illegal immigrants
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