Navigating the complexities of immigration law can be daunting, especially when criminal charges are involved. One area of particular concern is the issue of alien smuggling, also known as alien importation. This illicit activity, where individuals assist in bringing unauthorized foreigners into the United States, can have severe consequences, including potential deportation. If you are facing alien smuggling charges in California, call Sevens Legal today at (619) 430-2355 for a free legal consultation. Our federal criminal defense attorneys can ensure that you have the strongest possible legal defense.
Key Takeaways
The federal government takes a firm stance against any form of smuggling, including the transportation, concealment, or facilitation of unauthorized entry into the United States.
The penalties associated with smuggling-related offenses in the U.S. can be severe, with the potential for significant fines and lengthy prison sentences.
Under the Immigration and Nationality Act (INA), which criminalizes certain alien smuggling and harboring activities, specific provisions outline the various smuggling-related crimes that can lead to deportation.
Immigrants facing alien smuggling charges in California may be subject to deportation proceedings, even if they are legal permanent residents or have been in the country for an extended period.
As a top criminal defense firm in San Diego, we have witnessed firsthand the devastating impact smuggling charges can have on immigrants and their families. In this comprehensive article, we’ll explore the nuances of alien smuggling laws in the U.S., the penalties associated with these offenses, and the potential immigration consequences that accused individuals may face.
Laws Against Smuggling in the U.S.
The federal government takes a firm stance against any form of smuggling, including the transportation, concealment, or facilitation of unauthorized entry into the United States. Under the Immigration and Nationality Act (INA), which criminalizes certain alien smuggling and harboring activities, specific provisions outline the various smuggling-related crimes that can lead to deportation. These include:
Alien Smuggling or Importation
Bringing or attempting to bring an unauthorized alien into the country, regardless of the alien’s prior authorization status.
Domestic Transporting
Transporting or moving an illegal alien within the United States, with knowledge or reckless disregard of their immigration status.
Harboring
Concealing, harboring, or shielding an unauthorized alien from detection.
Encouraging/Inducing
Encouraging or inducing an alien to enter or reside in the US, knowing or disregarding the fact that it would violate immigration laws.
Conspiracy/Aiding and Abetting
Engaging in a conspiracy or aiding and abetting the commission of any of the above smuggling-related offenses.
What is the Penalty for Smugglers?
The main federal statute that deals with alien smuggling or importation is Title 8, U.S. Code § 1324(a)(1)(A)(i). This law makes it a crime to knowingly bring or conspire to bring an authorized alien into the country, encourage aliens to enter the U.S. illegally, or aid and abet others to bring in aliens illegally, among other alien smuggling activities. The penalties associated with smuggling-related offenses in the U.S. can be severe, with the potential for significant fines and lengthy prison sentences. The specific penalty for smugglers depends on the nature and circumstances of the individual crime. For instance:
Alien Smuggling and Conspiracy can result in a maximum penalty of 10 years in prison.
Domestic Transporting, Harboring, Encouraging/Inducing can result in a maximum penalty of 5 years in prison, unless the offense was committed for commercial gain, in which case the maximum is 10 years.
It is important to note that these are the basic statutory penalties, and in cases where serious bodily injury or death occurs, or the smuggling involves criminal aliens, the penalties can be significantly enhanced.
Facing Alien Smuggling Charges in California
Is Alien Smuggling a Misdemeanor?
Alien smuggling is generally considered a felony offense, with the potential for significant prison time and fines. However, in certain circumstances, such as a first-time offense involving the transportation of a family member, the crime may be charged as a misdemeanor.
How Many Years Do You Get for Smuggling?
The potential prison sentence for alien smuggling can vary widely, depending on the specific circumstances of the case. As mentioned earlier, the basic statutory maximum is 10 years for alien smuggling and conspiracy, while other related offenses carry a maximum of 5 years, or 10 years if committed for commercial gain. However, in cases involving aggravating factors, such as serious bodily injury or death, the sentences can be significantly longer.
Possible Deportation Consequences for Smuggling Offenses
Being accused of alien smuggling or any related offense can be a daunting experience, with far-reaching consequences that extend beyond the criminal justice system. One of the most significant consequences of an alien smuggling conviction is the potential for deportation. Under U.S. immigration law, certain crimes, including those related to smuggling, can make a non-citizen deportable, regardless of their legal status or the duration of their stay in the country. In other words, you can be deported for “deportable crimes” in California.
Immigration Consequences of Smuggling Illegal Aliens in California
Immigrants facing alien smuggling charges in California may be subject to deportation proceedings, even if they are legal permanent residents or have been in the country for an extended period. The specific immigration consequences can include:
Deportation Proceedings for Smuggling Convictions in California
A conviction for alien smuggling can trigger deportation proceedings, regardless of the immigrant’s legal status or length of time in the United States. This can lead to the individual being removed from the country and potentially barred from re-entering for an extended period.
Inadmissibility for Alien Smuggling Activities
Even if an immigrant has not been convicted of a smuggling offense, they may be deemed inadmissible to the United States if they have been involved in alien smuggling activities. This can prevent them from obtaining a visa, green card, or other immigration benefits.
Defending Against Alien Smuggling or Importation Charges in California
Given the serious consequences of alien smuggling charges, it is crucial for individuals facing such allegations to seek the assistance of an experienced San Diego alien smuggling defense attorney. A skilled federal criminal lawyer can help navigate the complex legal landscape and build a strong defense strategy.
Building a Strong Legal Defense With an Alien Smuggling Attorney
Effective defense strategies to combat smuggling charges may include challenging the prosecution’s evidence, arguing for a lesser charge, or seeking alternative sentencing options that could mitigate the immigration consequences. A criminal lawyer may also explore the possibility of a plea bargain or other negotiated resolution that could minimize the impact on the individual’s immigration status.
How to Fight Alien Smuggling Charges: Insights from Crystal Erlandon’s Successful Case Outcome
Criminal lawyer Crystal Erlandson recently achieved remarkable success in an alien smuggling case, showcasing her commitment to getting the best possible outcome for her clients. With a maximum exposure of 10 years, the alien smuggling/importation charge was ultimately reduced to misdemeanor aiding and abetting, resulting in a sentence of just one year of probation. This outcome demonstrates attorney Erlandson’s exceptional legal expertise and advocacy and underscores her dedication to protecting the rights and future of her clients. By securing this favorable resolution, she has once again proven her unwavering commitment to providing exceptional legal representation in federal criminal defense matters.
Free San Diego Alien Smuggling Defense Consultation
We offer a free initial consultation to discuss the details of your smuggling case and explore the available legal options. Our goal is to help you navigate the legal system, protect your rights, and minimize the potential consequences of the charges you’re facing.
How to Contact Our Criminal Defense Attorneys
If you or someone you know is facing alien smuggling charges in the San Diego area, don’t hesitate to reach out to our criminal defense team at Sevens Legal. You can contact us at (619) 430-2355 to schedule a free consultation and discuss your case in confidence. Our experienced criminal lawyers are here to help you understand your rights and explore the best possible legal strategies to protect your future.
FAQs About Can You Get Deported for Smuggling?
What is the law for smuggling in the US?
The federal government has strict laws against smuggling, including the transportation, concealment, or facilitation of unauthorized entry into the United States. These offenses are outlined in the Immigration and Nationality Act (INA) and the U.S. Criminal Code and can result in significant criminal penalties, as well as potential deportation for non-citizens. The primary federal statute for alien smuggling in the United States is 8 U.S. Code § 1324, which outlines the criminal penalties for bringing in or harboring unauthorized aliens.
What can get you deported from the US?
Certain criminal convictions, including those related to alien smuggling, can make a non-citizen deportable from the United States. Crimes involving moral turpitude, aggravated felonies, drug offenses, firearm offenses, and domestic violence crimes are all potential grounds for deportation from the U.S.
How long do you go to jail for smuggling illegals?
The potential prison sentence for alien smuggling and related offenses can vary widely, depending on the specific circumstances of the case. The basic statutory maximum is 10 years for alien smuggling and conspiracy, while other related offenses carry a maximum of 5 years, or 10 years if committed for commercial gain. However, in cases involving aggravating factors, the sentences can be significantly longer.