Alien smuggling consists of various components under federal law and is a severe offense. Anyone assisting with an alien’s entry into the United States may be convicted of the federal crime of alien smuggling. These charges carry significant penalties and may impact your ability to gain citizenship if you are not a U.S. resident.
Below, we discuss acts that may constitute alien smuggling and the impact of being charged for a federal crime. Contact a Phoenix alien smuggling and harboring defense lawyer at Suzuki Law Offices immediately if you have been charged with alien smuggling in Arizona. We’re always available to assist you through challenging legal battles, treating you with dignity and integrity.
Elements of Alien Smuggling
The term alien smugglers has an expansive definition under the Immigration and Nationality Act (I.N.A. §212(a)(6)(E)(i)). The term not only applies to individuals who smuggle professionally but may also refer to a family member who knowingly assists other family members with coming into the U.S. illegally. It defines a smuggler as anyone who knowingly commits the following acts toward an alien in an attempt to help them enter the U.S.:
- Assists
- Aids
- Abets
- Encourages
- Induces
Alien smuggling is defined by the United States Department of Justice (CRM 1907. Title 8, U.S.C. 1324(a)(1)(A)(i)) as an act by any person to bring or attempt to bring someone who is not a citizen into the U.S. via a route other than a designated entry place or port. Alien smuggling has been committed even when an individual has received prior authorization for entry or to live in the U.S. The following are examples explaining the components of alien smuggling.
Affirming and Knowledgeable Conduct Exists
An individual charged with alien smuggling must agree with and commit knowledgeable conduct that meets the following criteria of smuggling under the I.N.A. An individual understands they are assisting, aiding, abetting, encouraging, and inducing an alien to enter the United States when charged with the crime. To only know of an act of smuggling may not constitute participating in the act itself.
The Ninth Circuit court case of Altamirano v. Gonzales exemplifies how alien smuggling must be committed knowingly and with affirmation. Mrs. Altamirano was permitted into the U.S. under a grant of parole until a final resolution for a granted relative visa petition was filed by her husband. She was present in a car with her husband and father-in-law that carried an undocumented citizen into the United States as planned by the father-in-law.
The individual was discovered in the car’s trunk, prompting Mrs. Altamirano’s removal from the U.S. by the Immigration and Naturalization Service (I.N.S.). Following a hearing and review of her case, it was determined that Mrs. Altamirano did know the individual in the trunk. However, she committed none of the acts described by law to participate in smuggling, clearing her of the charges of alien smuggling.
Aiding on the U.S. Side of the Border
Contact a Phoenix alien smuggling and defense attorney immediately if you are arrested for offering assistance along the US-Mexico border. Aiding aliens once they have crossed the border illegally is also a federal offense requiring representation by a Phoenix federal crime defense lawyer. You need Suzuki if you have been arrested for smuggling while aiding on the U.S. border through the following actions:
- Transporting an alien after crossing the border, even when you gave no assistance coming into the U.S. or the transportation was not premeditated
- Assisting through offers of food and water
- Providing medical aid
- Accompanying aliens crossing the border who seek asylum
Cases of aiding aliens once they have crossed the border are complex. Work with our firm and an alien smuggling and defense lawyer in Phoenix who possesses knowledge of the tactics prosecutors will use. We strive to uncover every defense available to you.
Making Support Prearrangements or Offering Monetary Support
Offering assistance to relatives in another country is a common practice. Knowingly offering assistance or monetary support to someone intending to enter the U.S. illegally may lead to charges of alien smuggling. An alien smuggling and defense attorney in Phoenix can guide you in the following situations:
- Being arrested for knowingly sending money to individuals who plan to use the funds to enter the U.S. illegally.
- Entering into another country to transport an alien to the border and then transporting them again once they cross the border
- Being arrested for sending financial aid to individuals while unknowingly supporting their effort to cross into the U.S. illegally
It will be up to you to prove that the intent of smuggling did not exist. Suzuki Law Offices is your voice in action when you have been charged with a crime you had no intention of participating in. When your intentions are interpreted to be illegal through no fault of your own, we will strive to gather credible evidence to document your case.
Penalties for Alien Smuggling
The Department of Justice defines the penalties for alien smuggling in the cited document above, and we discuss the penalties for transporting illegal aliens in depth. Fines and federal prison time may extend up to 10 years. Factors influencing the federal penalties for alien smuggling in Arizona include:
- Whether or not you profited financially from the act
- The number of violations you have committed
- The number of undocumented individuals transported
- Whether unaccompanied minors were transported
- Unsafe transportation methods were utilized
- Whether someone was significantly injured or died during the smuggling act
The death of a human may be punished for any term of years. Enhanced punishments may exist for the smuggling of a criminal alien. Enhanced punishment may also apply when charged for a third or more offenses.
Contact a Phoenix Alien Smuggling and Harboring Defense Lawyer
Whether or not you intend to aid in alien smuggling can be challenged if you are arrested for this federal crime. Contact Suzuki Law Offices to review your case and seek a favorable outcome. We treat our clients like you’d treat your family with integrity and respect.
Call or text (602) 682-5270 or complete a Free Case Evaluation form