Harboring Aliens Federal Defense Attorney in New Jersey

Helping someone to freedom could have devastating criminal consequences. Suppose you are charged with bringing someone into the United States without prior authorization or providing an undocumented immigrant with refuge. In that case, this is a serious offense requiring an experienced federal immigration crimes defense lawyer in New Jersey and New York.

Overview of Federal Human Smuggling and Concealment Laws

Bringing in and harboring certain aliens (8 U.S.C. § 1324) is a federal immigration offense better known as human smuggling. Under this statute, it is unlawful to bring anyone – including immigrants with authorization to enter the country – into the United States anywhere other than a designated port of entry. Lawful ports of entry include international airports, seaports, and land border crossings.

It is also unlawful to transport an undocumented migrant if you know (or should have known) that he or she entered the country illegally and was evading authorities. Likewise, you may not harbor, shield, or otherwise conceal the alien from detection.

The penalties for bringing in and harboring certain aliens under 8 U.S.C. § 1324 range from fines to life imprisonment. If convicted, your potential sentence depends on the mitigating and exacerbating circumstances surrounding the offense. For example, if an offender knowingly smuggled a migrant in an unairconditioned vehicle and the migrant died from heat stroke, he could be facing life imprisonment. The penalties are less severe, however, if you did not accept a fee, the migrant willingly entered the country, and the migrant did not suffer any bodily harm during transport.

A dedicated federal immigration crimes defense attorney might mitigate the penalties associated with a human smuggling conviction by showing that you were not a career smuggler or otherwise acted in good faith. This might result in a favorable plea deal to lesser charges.

Defenses to Federal Human Smuggling Charges

Intent matters in smuggling cases. Helping a family member unlawfully cross the border, while serious, is not the same as running a commercial human trafficking enterprise. An experienced federal criminal defense lawyer might raise the following defenses to smuggling charges with the U.S. attorney’s office:

• Lack of Knowledge: Bringing in and harboring aliens is a specific intent crime. You must either know (or have been willfully blind to) the individual’s immigration and crossing status. If you had no reason to believe the migrant crossed the border illegally, you are not guilty of human smuggling or concealment.
• Safe Passage: Trafficking penalties increase if the migrants were harmed during the crossing, transportation, or concealment process. Proof that you provided safe passage and accommodations with the migrant’s well-being in mind can significantly decrease the penalties associated with these charges.
• Fewer than 10 Migrants: If you’re arrested for harboring fewer than 10 migrants, this might mitigate the penalties associated with human smuggling charges. It might also prove that you were not engaged in a criminal enterprise.
• Unlawful Search and Seizure: Police must respect your rights under the Fourth Amendment when stopping vehicles or searching for migrants. If they did not have a valid search warrant or lawful grounds to conduct a traffic stop, a federal defense lawyer might get all charges against you dismissed.

Retain a Federal Criminal Defense Attorney

Do not face charges of bringing in and harboring aliens under 8 U.S.C. § 1324 alone. Through dedicated advocacy, our experienced federal defense lawyer in New Jersey or New York can seek to dismiss or reduce smuggling charges. Contact us today for more information.