Every year, countless unauthorized immigrants make bold attempts to enter the United States illegally—many of them triumph. For numerous individuals, America symbolizes a realm of boundless possibilities, compelling families to traverse state borders in pursuit of a brighter future. However, it is crucial to recognize that aiding or sheltering aliens in their unlawful entry into the country is a federal offense with severe consequences, including criminal prosecution.
Title 8, U.S. Code, Section 1324(a) delineates various distinct offenses pertaining to individuals from other countries referred to as aliens. Subsection 1324(a)(1)(i)-(v) explicitly prohibits the act of smuggling aliens, transporting unauthorized aliens within the country, concealing or harboring unofficial aliens, encouraging or inducing unauthorized aliens to come into the United States, and participating in a conspiracy or aiding and abetting any of the acts mentioned above. Subsection 1324(a)(2) specifically forbids the act of bringing or attempting to bring unauthorized aliens to the United States through any means, even if it occurs at a designated port of entry. Lastly, Subsection 1324(a)(3) addresses an additional aspect of these offenses.
Alien Smuggling — Subsection 1324(a)(1)(A)(i) establishes that it is a criminal offense for any individual to knowingly or attempt to bring an alien into the United States in any way other than at a designated port of entry or a place designated by the Commissioner. This applies regardless of whether the alien in question has obtained legitimate authorization to come to, enter, or reside in the United States and any future official actions that may be taken regarding said alien.
The transportation of undocumented aliens within the United States is prohibited under Subsection 1324(a)(1)(A)(ii), which states that any person who knowingly or recklessly disregards the fact that an alien has entered or remains in the country illegally, and transports or attempts to transport them by any means of transportation or otherwise, is committing an offense.
Similarly, Subsection 1324(a)(1)(A)(iii) makes it an offense to harbor, conceal, or shield from detection an undocumented alien, while Subsection 1324(a)(1)(A)(iv) prohibits encouraging or inducing an alien to enter or reside in the United States illegally.
Additionally, Subsection 1324(a)(1)(A)(v) criminalizes engaging in a conspiracy to commit or aid and abet the commission of any of the offenses above.
Finally, Subsection 1324(a)(2) prohibits bringing an alien to the United States without prior authorization, regardless of any official action that may be taken later.
What other laws are related to Title 8 U.S. Code 1324?
The related statutes include:
- 8 U.S.C. 1321: Preventing unauthorized landing of aliens
- 8 U.S.C. 1322: Bringing in aliens for healthcare reasons
- 8 U.S.C. 1323: Unlawfully bringing aliens into the United States
- 8 U.S.C. 1325: Improper entry by aliens
- 8 U.S.C. 1326: Reentry of removed aliens
- 8 U.S.C. 1327: Aiding or assisting certain aliens in entering
- 8 U.S.C. 1328: Importation of aliens for immoral purposes
- 8 U.S.C. 1329: Jurisdiction of district courts
- 8 U.S.C. 1330: Collection of penalties and expenses
- 18 U.S.C. 911: False claim of United States citizenship
- 18 U.S.C. 1427: Sale of citizenship papers.
What happens if you break 8 U.S.C. 1324?
The punishment for breaking this law depends on the situation. However, most violations are serious crimes that can result in fines, jail time, and other consequences. Here are some examples:
- You could go to prison for up to one year if you bring an unauthorized person into the country.
- You could go to prison for up to five years if you transport an unauthorized person.
- You could go to prison for up to ten years if you bring someone into the country for money.
- You could go to prison for up to 20 years if someone you helped causes severe harm or danger.
- You could go to prison for life if someone dies because of your actions.
It’s important to know that these penalties apply to each person involved, not just each incident. For instance, if you smuggle five people, you could face up to 50 years in prison.
There are also extra penalties if you do certain things, like transporting a large group of people or putting their lives in danger.
In the event of being charged with violating Title 8 U.S.C. 1324, a federal criminal defense lawyer can employ various strategies to achieve the most favorable outcome. Defenses for Bringing in and Harboring Aliens can include arguing a lack of knowledge, such as being unaware of the aliens’ illegal status or negotiating a plea deal with the federal prosecutor.
Need an Attorney? CALL NOW: 213-932-8922
Yuliya Kelmansky is an Expert Attorney who has over 15 years of practice defending a variety of cases.
