Federal Laws on Human Smuggling and Harboring Illegal Aliens - 8 USC 1324

The Many Federal Crimes of Human Smuggling

• Alien Smuggling: Subsection 1324(a)(1)(A)(i) makes it an offense to knowingly bring or attempt to bring into the United States an alien at any place other than an official point of entry to the country, such as a port, airport, or land immigration checkpoint. This crime applies to aliens who are here with permission of the United States as well as those who have entered illegally.

• Domestic Transporting: Subsection 1324(a)(1)(A)(ii) makes it a crime for any person, with knowledge or reckless disregard of the alien’s illegal immigrations status, to transport an alien within the United States by any means of transportation.

• Harboring: Under Subsection 1324(a)(1)(A)(iii), it is a crime for any person, with knowledge or reckless disregard of the alien’s illegal immigrations status, to conceal, harbor, or shield from detection an alien in any place, including any building or any means of transportation.

• Encouraging/Inducing Illegal Immigration: It is a crime under Subsection 1324(a)(1)(A)(iv) to encourage or induce an alien to come to, enter, or reside in the United States, knowing or in reckless disregard of the fact that it will be a violation of law for the alien to do so.

• Conspiracy/Aiding or Abetting: Subsection 1324(a)(1)(A)(v) makes it a crime to engage in a conspiracy to commit or aid and abet the commission of any of these crimes.

• Bringing Aliens to the United States: Under Subsection 1324(a)(2), it is an offense to bring an alien into the United States who has not been authorized to enter or reside in the country. Unlike the crime of alien smuggling, this applies smuggling at immigration checkpoints, and at illegal points of entry.

• Unlawful Employment of Aliens: Subsection 1324(a)(3)(A) makes it an offense for any person, during any 12-month period, to knowingly hire at least 10 individuals with actual knowledge that these individuals are unauthorized aliens.¹

“Knowledge or Reckless Disregard” Prosecution Element

Penalties for Human Smuggling

If you are convicted of violating federal human smuggling laws, you face severe punishment. Your sentence will depend on the type of crime you are convicted of under federal human smuggling laws.

• 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. If any death resulted, the death penalty may be imposed.

• Domestic Transportation: If you are convicted of domestic transportation of illegal aliens, you face up to five years in federal prison. This can be increased to 10 years if done for financial gain or commercial advantage. If, during and in relation to the offense, you cause serious bodily injury or put in jeopardy the life of any person, your sentence can be increased to a maximum of 20 years. If any death resulted, the death penalty may be imposed.

• Harboring: If you are convicted of harboring illegal aliens, you face up to five years in federal prison. This can be increased to 10 years if done for the financial gain or commercial advantage. If, during and in relation to the offense, you cause serious bodily injury or put in jeopardy the life of any person, the sentence can be increased up to 20 years. If any death resulted, you face the death penalty.

• Encouraging/Inducing Illegal Immigration: If you are convicted of encouraging or inducing illegal immigration, you face up to five years in federal prison. This can be increased to 10 years if done for financial gain or commercial advantage. If, during and in relation to the offense, you cause serious bodily injury or put in jeopardy the life of any person, your sentence can be increase to up to 20 years. If any death resulted, you face the death penalty.

• Conspiracy: Upon conviction of conspiracy to violate human smuggling laws, you face a maximum of 10 years in federal prison.

• Aiding or Abetting: Upon conviction of aiding and abetting to any of these crimes, you face a maximum of five years in federal prison.

• Bringing Aliens to the United States: This crime carries a penalty of one year in federal prison, which can be increased to 10 years if a first or second violation occurred where the alien is not immediately brought to port of entry upon arrival and presented to an immigration officer. A maximum 10-year sentence can be imposed if the alien was brought to the United States for the your financial gain or commercial advantage, or if committed with intent or reason to believe that the alien would commit an offense against the United States or any state that is punishable by more than one year. If there was reason to believe that the alien would commit an offense punishable by more than one year, your sentence can be increased to a maximum of 15 years.

• Unlawful Employment of Aliens: Upon conviction of unlawful employment of aliens, you face a fine of $3,000 per alien employed, and a maximum of six months in federal prison for the entire practice.²

Defenses to Human Smuggling Charges

If you are caught smuggling illegal aliens into the US or performing other illegal activities related to illegal immigration, you could be charged with violating federal human smuggling laws under 8 USC 1324.

1. You belong to a religious denomination that has a bona fide nonprofit, religious organization in the U.S., or has agents or officers within the U.S.;

2. Those agents encourage or invite an alien already present in the U.S.;

3. The alien is encouraged or invited to minister as a non-compensated volunteer, with the exceptions of room, board, travel, medical, and other basic living expenses; and

4. The alien minister has been a member of the denomination for at least one year.³

Frequently Asked Questions

1. What if the alien involved in my case is later granted legal entry into the country? Can I still be convicted or can I appeal my conviction based on this new evidence?

2. Does the crime of transporting an alien mean I have to check the citizenship of anyone that rides in my car?

3. Could I lose my car if I drive someone illegally across the border?

Contact Wallin & Klarich If You Have Been Charged with Human Smuggling

The attorneys at Wallin & Klarich have been defending those charged with federal crimes for over 40 years.