Miami Alien Smuggling Defense Attorneys

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Alien smuggling occurs when individuals are paid to assist an undocumented alien with entering the United States illegally. Many times alien smugglers work for criminal enterprises such as the Mexican cartel. They charge extremely high rates for their services.

In addition, many times the undocumented aliens that hire the smugglers are subjected to extremely unsafe conditions. Many individuals are required to be transported in extremely hot vehicles or required to walk for miles in an extremely hot desert. These conditions create a substantial risk that the aliens will be hurt or even killed. See this CNN article for more information.

Alien smuggling is prosecuted as a federal criminal offense under 8 U.S.C. 1324 and involves “bringing in and harboring certain aliens.” A conviction for alien smuggling can result in incarceration, probation, fines, and deportation from the United States.

Contact our Miami alien smuggling defense attorneys if you or a loved one is facing criminal charges. Contact Hubbs Law Firm online or call (305) 570-4802 for a free consultation. Se habla español. 

Elements of Alien Smuggling

To prove the crime of alien smuggling, or bringing aliens into the United States, the government must prove the following four elements beyond a reasonable doubt:

• The defendant brought or attempted to bring an alien into the United States
• The individual that the defendant brought in or attempted to bring in was an alien
• The defendant knew that the individual was an alien
• The entry was not at a designated port of entry

An “alien” is defined as any person who isn’t a natural-born or naturalized citizen or a national of the United States. A “national of the United States” includes any United States citizen and any noncitizen who owes permanent allegiance to the United States.

Penalties for Alien Smuggling

The penalties for alien smuggling depend on the specific facts of the defendant’s case. If the offense involved commercial advantage or private financial gain, the maximum sentence is 10 years. If the offense involved causing serious bodily injury or placed in jeopardy the life of any person, the maximum sentence is 20 years. If the offense resulted in the death of any person, the maximum sentence is 20 years. Any other offense under this statute carries a maximum sentence of five years.

In addition, a conviction for alien smuggling will subject the alien to removal from the United States and will be considered an aggravated felony unless the conviction is for the alien’s first offense and the smuggling involved the transportation of the alien’s spouse, parent, or child to the United States.