Immigration and legal entry into the United States is, and has been, a major conversation for many Americans and hopeful foreign Citizens. The process for a foreign citizen to enter, live and work in the United States is a long and difficult process and can be a frustrating and in some cases impossible. This may lead some people to attempt to enter, or aid another to enter, the United States illegally. If you have been caught and charged with a crime related to illegal immigration it can a major and emotional ordeal. Illegal offenses related to aliens include alien smuggling, domestic transporting, harboring, encouraging or inducing, conspiracy or aiding or abetting, and knowingly employing an illegal alien. To better understand what actions or penalties you may face if convicted it is important to define what constitutes as Alien smuggling.
Alien smuggling is a serious offense and will require legal council. All offenses related to aliens are covered under Title 8, U.S.C. & 1324(a) offenses. Under the subsection 1324(a)(1)(A)(i) alien smuggling, as define by the Criminal Resource Manual 1907, makes it an offense for any person who, knowing that a person is an alien, to bring to or attempt to bring to the United States in any manner whatsoever such a person at a place other then a designated port of entry or place other than as designated by the Commissioner, regardless of whether such an alien has received prior official authorization to come to, enter, or reside in the United States and regardless or any future official action which may be taken with respect to such alien. Simply stated, a charge of alien smuggling may be given for anyone who knowingly aids a foreign citizen’s illegal entry into the Unite States. Unlike human trafficking, which involves force or exploitation, alien smuggling is defined as a voluntary agreement for all parties involved.
Cases involving alien smuggling will be held in federal court and will result in felony charges. Alien smuggling Under title 18, if convicted for alien smuggling, a person may face up to 10 years in federal prison, a fine, or both. The fines associated with charges can vary but in almost all case the fees assessed are in the thousands. If the offense was committed for commercial gain the maximum penalty will most likely be charged. Significantly higher penalties will be assessed for any cases involving serious bodily injury or placing another’s life in jeopardy. In addition, if the violation results in the death of any person, the defendant may be punished by death or imprisonment for any term of years. The penalties will also be enhanced if the alien smuggled is a known criminal. The penalties will be much harsher for third or subsequent offenses. Alien smuggling is a serious offense and anyone facing federal charges needs to attain a strong legal council, as the charges associated with these charges can be severe, both financially and in regards to possible time served in prison.
Marya Garcia is a criminal defense lawyer in San Diego. After representing multiple clients dealing with alien smuggling she is confident to bring you the highest quality with best service. For more services offered feel free to browse around and or fill out our contact form for a consultation.