IMMIGRATION CRIMES

According to the Pew Research Center, over 1 million people immigrate to the United States each year. Most immigration crimes and offenses are related to unlawful entry, residency, or smuggling in violation of federal law.

If you find yourself charged with an immigration crime, contact us at the Border Defense Network, we are an elite federal crimes law firm that will defend your rights vigorously and professionally.

Immigration and passport control

Improper Entry and Illegal Reentry

The most common immigration-related offense is unlawfully entering the United States, resulting in criminal penalties with enhanced penalties for illegal reentry. 

The Immigration and Nationality Act governs the admission, removal, and presence of non-U.S. nationals (aliens). Congress has established criminal sanctions for certain conduct that undermines immigration rules. As a result, immigration-related cases make up a significant portion of the federal criminal caseload.

Entering or attempting to enter the United States without authorization is considered an improper entry and is a federal crime. Violation may result in a fine and imprisonment for up to six months for a first offense and up to two years for a subsequent violation. 

  • An alien may commit improper entry in three ways:
  • Entering or attempting to enter the United States at any time or place other than a designated port of entry;
  • Eluding examination or inspection by immigration officers; or
  • Attempting to enter or obtaining entry by a willfully false or misleading representation or the willful concealment of a material fact.

It is a felony for an alien previously denied admission or removed from the United States, or who departed the country while an order of removal was outstanding, to enter, attempt to enter, or be found in the United States without prior authorization. Absent certain factors, a conviction carries a punishment of a fine and a term of imprisonment for up to two years.

Bringing In, Harboring, Transporting, or Encouraging Aliens

Several provisions in federal law criminalize activities that involve smuggling aliens into the United States, transporting aliens within the United States, or otherwise assisting unlawfully present aliens to remain in the country. This includes bringing in, harboring, transporting, or even encouraging aliens into entering the US illegally. Primarily located in 8 U.S.C. § 1324, these offenses typically constitute felonies and may sometimes carry lengthy prison terms, including an enhanced penalty when the offense is performed for commercial advantage or private financial gain. 

In a few instances, such as alien smuggling offenses resulting in serious harm to or the death of a person, the maximum available penalty may be life imprisonment or death.

This statute makes it a crime for any individual to bring or attempt to bring a person to the United States between ports of entry, knowing that person is an alien. The individual may be convicted regardless of whether the smuggled alien had received prior authorization to enter, come to, or reside in the United States and regardless of any future official action that might be taken with respect to the alien. The defendant must have made an affirmative and knowing act of help or assistance; an individual’s mere presence during the commission of the crime is insufficient.

To be guilty of the crime of transporting, a person—knowing or in reckless disregard of the fact that an alien was not lawfully in the United States—knowingly transported the alien for the purpose of helping him or her remain in the country unlawfully. A person acts with “reckless disregard” if he or she is aware of but consciously disregards facts and circumstances, indicating that the person being transported was an alien who had unlawfully entered or remained in the United States.

Punishes 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 the law—conceals, harbors, or shields from detection an alien in any place, including any building or means of transportation. Attempts to engage in the proscribed activity are likewise punishable under the provision. Courts have generally recognized harboring as conduct that substantially facilitates an alien’s unlawful presence in the United States and prevents authorities from detecting the alien’s unlawful presence.

Prevents people from encouraging or inducing an alien to come to, enter, or reside in the United States while knowing or in reckless disregard of the fact that the alien’s entry or presence is or will be in violation of law.

Makes it is a criminal offense for anyone to—knowing or in reckless disregard of the fact that an alien had not received prior authorization to come to, enter, or reside in the United States—bring or attempt to bring an alien to the United States in any manner, regardless of whether any future official action may occur with respect to that alien.

Other Related Offenses

Other common offenses related to alien smuggling, harboring, or transporting include failure by owners, officers, or agents of any vessel to prevent the landing of an alien 8 U.S.C. § 1321; bringing in aliens who are inadmissible on health-related grounds 8 U.S.C. § 1322; unlawful bringing of aliens into the United States by a carrier 8 U.S.C. § 1323; knowingly hiring 10 or more aliens within a 12-month period while having actual knowledge that they were unlawfully brought to the United States 8 U.S.C. § 1324(a)(3), and aiding or assisting certain aliens to enter the country who are inadmissible for certain criminal, subversive, or terrorist activity 8 U.S.C. § 1327

Offenses Involving Immigration-Related Fraud

Federal law also penalizes fraudulent conduct that undermines the immigration regulatory scheme. These can include such things as visa, passport and marriage fraud, false statements or claims of U.S. Citizenship, and others. Learn more below or contact the Border Defense Network.

It makes it a felony to knowingly forge, counterfeit, alter, or falsely make visas, permits, and other immigration-related documents, as well as to knowingly use a false identification document or make a false attestation. Offenders may be subject to a criminal penalty of a fine and a term of imprisonment ranging from 10 to 25 years.

States that marriage fraud is committed by a person who knowingly enters into a marriage to evade immigration rules. A conviction carries a penalty of a fine and imprisonment for no more than five years.

Whoever falsely and willfully represents to be a U.S. citizen may be subject to a fine and imprisonment for up to three years.

Prevents people from encouraging or inducing an alien to come to, enter, or reside in the United States while knowing or in reckless disregard of the fact that the alien’s entry or presence is or will be in violation of law.

Makes it a criminal offense to willfully and knowingly make a false statement in a passport application or willfully and knowingly use or attempt to use a passport secured by a false statement. This offense carries a penalty of a fine and term of imprisonment ranging from 10 to 25 years.

Makes it a felony to knowingly procure or attempt to procure, contrary to law, the naturalization of any person. This offense carries a fine and a term of imprisonment ranging from 10 to 25 years.

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