8 U.S.C. § 1324 - Bringing in and Harboring Certain Aliens
Title 8 U.S. Code 1324 is a serious law that prohibits the bringing in and harboring of unauthorized aliens. It is a federal offense to encourage or assist others in these acts, underscoring the gravity of the situation.
Simply put, it's a federal crime to bring in or attempt to bring in an unauthorized alien, regardless of whether they have official authorization. It's also a federal crime to transport an unauthorized alien within the United States and to conceal, harbor, or provide a place of refuge for an unauthorized alien.
You could also be charged with a crime if you encourage or induce an unauthorized alien to enter the United States.
If convicted, the potential consequences are severe. You can face fines and imprisonment for up to one year. There are increased penalties for certain circumstances, such as transporting aliens in groups for commercial gain or endangering their lives, highlighting the weight of your actions.
Millions of unauthorized immigrants attempt to enter the United States illegally every year. For many families, they are seeking to build a better life.
However, many people might not know that assisting or harboring aliens in entering the country illegally is a federal crime subject to criminal prosecution.
As noted above, Title 8 U.S. Code 1324 details numerous situations where bringing in and harboring aliens (non-citizens) violates federal law. This underscores the importance of seeking legal assistance to navigate these complex laws.
To fight illegal immigration, Congress passed this comprehensive anti-human smuggling law, which targets those who help people cross American borders and enter our harbors illegally and help them remain in the United States.
To be convicted of violating human smuggling laws, federal prosecutors must prove beyond a reasonable doubt that you knew they were not U.S. citizens or that you acted with a reckless disregard for the truth about their citizenship, which means you were aware of a substantial and unjustifiable risk that they were not citizens, but you disregarded it.
Depending on the case details, a conviction carries between one and 20 years in federal prison and even life imprisonment if someone dies as a result of your actions.
What Does the Law Say?
8 U.S. Code 1324 - Bringing in and harboring certain aliens says, "(A) Any person who-
(i) knowing that a person is an alien, brings to or attempts to bring to the United States in any manner whatsoever such person at a place other than a designated port of entry or place other than as designated by the Commissioner, regardless of whether such alien has received prior official authorization to come to, enter, or reside in the United States and regardless of any future official action which may be taken with respect to such alien.
(ii) knowing or in reckless disregard of the fact that an alien has come to, entered, or remains in the United States in violation of law, transports, or moves or attempts to transport or move such alien within the United States by means of transportation or otherwise, in furtherance of such violation of law.
(iii) knowing or in reckless disregard of the fact that an alien has come to, entered, or remains in the United States in violation of law, conceals, harbors, or shields from detection, or attempts to conceal, harbor, or shield from detection, such alien in any place, including any building or any means of transportation.
(iv) encourages or induces an alien to come to, enter, or reside in the United States, knowing or in reckless disregard of the fact that such coming to, entry, or residence is or will be in violation of law; or
(v) (I) engages in any conspiracy to commit any of the preceding acts or
(II) aids or abets the commission of any of the preceding acts shall be punished as provided in subparagraph (B)."
Harboring Aliens - Quick Facts
Title 8 U.S.C. 1324 defines different types of crimes involving assisting, transporting, or harboring aliens entering the country illegally. Under this federal law, there are several facts you should know, including the following:
- It's a crime to bring aliens into the United States by any entry place other than a designated port of entry, even if the alien in question has been legally authorized.
- It's also a crime to transport an unauthorized alien inside the U.S. by any means of transportation while knowing the alien entered the country illegally.
- It's a crime to harbor, shield, or conceal an unauthorized alien knowingly. Harboring includes providing shelter or other assistance (financial, etc.).
- It's a crime to encourage aliens to enter the United States illegally. This includes inducing or persuading aliens to cross the border without proper authorization.
- It's also a crime to conspire with others to bring in aliens illegally or assist them in doing so, whether for financial gain or not.
- It's a federal crime to knowingly bring any unauthorized alien into the country at any point or by any means.
- Newly added to this law in 1996, it is now a crime for any employer to hire ten or more unauthorized aliens within 12 months knowingly.
What Are the Related Federal Laws?
8 U.S. Code Part VIII general penalty provisions have several related statutes, including the following:
- 8 U.S.C. 1321 - Prevention of unauthorized landing of aliens.
- 8 U.S.C. 1322 - Bringing in aliens subject to denial of admission on a health-related ground; persons liable; clearance papers; exceptions; "person" defined
- 8 U.S.C. 1323 - Unlawful bringing of aliens into the United States.
- 8 U.S.C. 1324 - Bringing in and harboring certain aliens.
- 8 U.S.C. 1324a - Unlawful employment of aliens.
- 8 U.S.C. 1324b - Unfair immigration-related employment practices.
- 8 U.S.C. 1324c - Penalties for document fraud.
- 8 U.S.C. 1324d - Civil penalties for failure to depart.
- 8 U.S.C. 1325 - Improper entry by the alien.
- 8 U.S.C. 1326 - Reentry of removed aliens.
- 8 U.S.C. 1327 - Aiding or assisting certain aliens to enter.
- 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.
What Are the Penalties?
The federal crimes defined under 8 U.S.C. 1324 vary in severity. Depending on the circumstances and which section of the law was violated, they are generally punishable by various penalties. Most violations are felonies that carry criminal fines and jail time. Some examples of penalties and enhancements include the following:
- Bringing in an unauthorized alien carries up to one year in prison.
- Bringing in an alien for financial gain carries up to 10 years in prison.
- Smuggling an alien illegally carries up to 10 years in prison.
- Transporting an alien illegally carries up to 5 years in prison.
- Hiring ten or more unauthorized aliens carries up to 5 years in prison.
- If the unauthorized alien you helped causes serious bodily injury or endangers someone's life, it carries up to 20 years in prison.
- If violating these laws results in death, it carries up to life in prison.
Notably, these penalties apply per person, not per incident. For example, if you are found guilty of smuggling three unauthorized aliens into the U.S., you are facing up to 30 years in prison (10 years for each alien smuggled). Further, your federal sentence might be enhanced by an additional ten years if any of the following situations apply:
- You brought in aliens as part of an ongoing commercial organization or enterprise (business for commercial gain).
- The aliens were transported in groups of 10 or more.
- The aliens were transported in an unsafe manner that placed their lives in danger.
- The aliens posed a life-threatening risk to anyone in the United States.
What Are the Legal Defenses?
Suppose you were charged with violating Title 8 U.S.C. 1324. In that case, you need to contact a federal criminal defense attorney as soon as possible.
Depending on the facts of your case, valid defenses might be available that could result in acquittal, dismissal of the charges, or reduced penalties. The defenses are discussed below.
Perhaps we can argue that you did not know the aliens were here illegally. To be guilty under this law, you must knowingly have illegally transported, assisted, harbored, or hired aliens.
Perhaps there was a lack of knowledge. It might be a powerful defense if you do not know the immigrant's legal status. Maybe there was a language barrier, or the alien lied to you. Perhaps you had a reasonable belief that the person was a legal citizen of the United States.
Perhaps we can argue that you did not financially benefit from your actions. If you show that you did not act for financial gain, you may avoid specific sentencing enhancements.
If guilt is not in doubt, we can negotiate a favorable plea bargain with the federal prosecutor to avoid prison time. Contact our law firm, Cron, Israels & Stark, in Los Angeles, California, for a free case evaluation.
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