Is Transporting Illegal Aliens a Federal Crime?
Under both Arizona state law and federal law, it is illegal to transport an illegal alien, meaning a non-United States citizen whose presence in the United States is illegal under federal law.
Alien smuggling is a serious charge but differs from human trafficking, though some use the terms interchangeably. Alien smuggling generally involves unlawfully transporting, harboring, or facilitating the unlawful entry or presence of an individual (or individuals). Human trafficking is a separate offense involving the force, fraud, or coercion of an individual for labor or commercial sexual exploitation.
Human smuggling, in the context of immigrants, does not entail the same violation of an individual’s human rights and is not a crime against a person. As such, it is its own criminal offense.
A federal crimes defense lawyer in Phoenix can help with your case.
What are the Penalties for Transporting Illegal Aliens in Arizona?
According to Arizona Revised Statutes § 13-2319, there are a number of actions considered unlawful:
- Transporting or attempting to move an illegal immigrant, with the knowledge that the person is in the United States illegally.
- Harboring, concealing, or attempting to shield an illegal immigrant from detection, with the knowledge that the person is unlawfully in the United States
- Encouraging or inducing an illegal immigrant to come to or reside in Arizona.
Potential Penalties
Federal law prohibits transporting, harboring, or encouraging undocumented immigrants to enter or remain in the United States unlawfully. Depending on the facts of the case, an offense in Arizona can lead to serious federal penalties, including prison time and substantial fines.
In many cases, penalties are also compounded by the number of individuals being smuggled. The extent of the penalties can depend on whether aliens were being smuggled for financial gain or not. It’s important to note that penalties may also depend on prior criminal history and whether this is your first offense as well.
What are the Federal Penalties for Transporting Illegal Aliens?
Alien smuggling is prohibited under 8 U.S.C. § 1324 and includes offenses involving the unlawful transportation, harboring, or encouragement of undocumented immigrants based on the facts and circumstances of the case. For example:
- Transporting, harboring, or encouraging (not for profit): Up to 5 years in federal prison
- Transporting, harboring, or encouraging (for profit): Up to 10 years in prison
- If the offense results in bodily injury or death: 20 years or life in prison
Financial penalties, under Title 18 of the U.S. code, can include substantial fines. You may also face seizure of assets, such as the vehicle used for transporting aliens.
Federal charges of any type are incredibly serious allegations, with severe and life-altering penalties. As such, they demand the immediate attention of federal criminal defense attorneys who have experience representing clients in federal court.
For any offense, state or federal, working with proven Phoenix criminal defense lawyers, like those at Suzuki Law Offices, is critical to protecting your rights and future as you navigate the criminal process.
How Can a Phoenix Alien Smuggling and Harboring Defense Lawyer Help?
Based on the circumstances involved, there are available defense strategies, including a defendant’s lack of knowledge regarding an alien’s immigration status. Still, because prosecutors are intent on gaining convictions, your defense must be clearly and convincingly presented through meticulous preparation and legal work.
Our team thoroughly investigates your case to gather compelling evidence for your defense.
We will:
- Interview witnesses
- Analyze all evidence, including documentation and digital evidence
- Represent you at trial
- Handle appeals, if necessary
- Advocate for a lesser charge or sentence reduction
People smuggling cases are complex and stressful. They can involve multiple agencies, including the Department of Homeland Security, U.S. Immigration and Customs Enforcement, and local investigators. With strict criminal penalties, it’s essential to have a strong defense.
Let our team handle the legal process for you.
What Evidence May Be Used Against You in Alien Smuggling Cases?
The prosecution builds its immigrant smuggling cases on key pieces of evidence. Evidence may include:
- Testimony from the smuggled individuals or from alleged co-conspirators
- Video or photographic evidence
- Testimony from immigration officers, Homeland Security officers, or others involved with the investigation
- Phone records
- GPS data from phones and vehicles
- Financial records
- Vehicle and travel documents
Your federal criminal defense lawyer will analyze this evidence and determine whether it can be challenged. Some important ways that they may challenge evidence include cross-examining witnesses, looking for rights violations in the arrest, and challenging any search and seizures that were conducted unlawfully.
What Should You Do If You are Arrested for Alien Smuggling?
If you have been arrested or are under investigation for transporting undocumented immigrants, there are a few key steps to keep in mind. They include:
- Remain calm and contact a criminal defense attorney
- Be polite but remain silent when questioned
- Do not try to explain your side of the story to arresting officers
- Do not get rid of any evidence or try to delete computer files
If you are unsure of what other steps you can take to protect yourself and your case, talk to your lawyer. They will advise you and answer your questions throughout the criminal justice process.
Contact a Phoenix Alien Smuggling and Harboring Defense Attorney Today
If you have questions regarding an offense involving the transportation of illegal aliens anywhere in the state of Arizona, including a federal offense, do not hesitate to contact a Phoenix alien smuggling and harboring defense lawyer from our firm. Our award-winning lawyers, including former federal prosecutor R.J. Suzuki, are standing by to help.
Since 2007, we’ve been protecting clients’ legal rights. Call today to schedule a free case consultation.
Call or text (602) 682-5270 or complete a Free Case Evaluation form