Although entering or remaining in the United States without proper documentation is a crime, many undocumented aliens live and work in the country. Therefore, you are likely to knowingly or unknowingly interact with them. While helping a person in need of a means of transport may seem like a good deed, their immigration status can transform your kind acts into a crime.
Transporting an undocumented immigrant within the United States is a federal crime. You will be charged and convicted for this offense if you knowingly transport the alien within the United States or harbor them in your vehicle. The penalties you will face after a conviction for this offense are severe and will vary depending on the circumstances of your case.
Additionally, your conviction in California will be recorded in your criminal record, where it is accessible to the public and can be used against you. Therefore, you should not take these charges lightly. Having a reliable immigration attorney by your side while you fight charges under U.S. Code 1324 is critical in ensuring that your constitutional rights are protected and that you secure a favorable outcome.
An Overview of Transporting Undocumented Immigrants Within the U.S.
Foreigners enter the United States daily for job opportunities and a good life. While there are legal ways to do so, many people prefer to enter the country illegally and bypass the requirements set by immigration laws. After entering the country, the immigrants will want to move to different areas to search for jobs or to meet family members.
Entering, moving around, and remaining in the United States without proper documentation violates the laws. Unfortunately, you could be caught in these legal complexities if you help the undocumented individual move from one location to another in the country.
Federal and state laws make it a crime to transport an undocumented immigrant to the United States. Additionally, it is unlawful to harbor an individual that you know is undocumented in your vehicle. These laws protect taxi drivers, bus drivers, and other individuals in the transport business from facing criminal charges for illegally ferrying individuals in the country.
Depending on your case circumstances, you may be charged under federal law or California law with transporting unauthorized aliens. To convict you if you are accused of this crime in federal court, the prosecution must establish the following elements:
You Transported or Attempted to Transport an Undocumented Alien
The first element that the prosecution must prove to hold you liable for violating U.S. Code 1324 is that you transported an undocumented alien. This means that you aided in the movement of the alien within the court. You can be charged with this offense for a wide range of acts, which include offering a ride to a person to move from one location to another or offering paid transportation services for an undocumented individual.
The prosecution does not need to show that you helped the alien enter into the country. Simply being in your vehicle is enough to secure a conviction against you.
The Alien was In Violation of U.S Law
There are different legal ways through which an immigrant can enter and remain in the United States. These include:
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Student Visa
An F-1 or student visa is issued to foreign students who seek to travel and study in the United States. A person can obtain this visa after acceptance into an academic institution and proving they have enough money to cover the tuition fees. You can remain in the U.S. on this visa if you study. However, you must leave the country within sixty days of completing your studies. If you remain after your student visa expires, you will be considered an undocumented immigrant.
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Work Visa
An immigrant can work and live in the United States on a work visa. Depending on their skills, there are several types of work visas, including H-1B, H-2A, and H-2B. A work visa is obtained after receiving a job offer. Often, work visas last for up to three or six years with different stipulations on renewal. If your work visa expires and you fail to renew it or leave, you will violate U.S. immigration laws.
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Fiancee Visa
Another common way immigrants enter and remain in the United States is through a work visa. Immigrants can obtain this visa when they marry a permanent resident or citizen of the United States. If an immigrant enters the country with a K-1 or fiancee visa, they must marry their sponsor within 90 days of entering the U.S. If this requirement is not met, the immigrant will be officially in violation of the law.
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Greencard
A green card allows immigrants to live and work permanently in the United States. After following all the necessary procedures, immigrants receive permanent residence cards, making them eligible to do so. A green card can be obtained through sponsorship by a family member or individual filing.
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Asylum
Immigrants can enter and stay in the United States through asylum. Immigrants who fear persecution in their nations provide this protection. When someone is persecuted, they run the risk of suffering damage if they stay in their nation of origin. An immigrant must follow all the requirements and procedures for asylum to remain legal.
You must have a valid passport and a visa when entering the US. Additionally, you cannot legally remain in the country after the visa has expired. If you seek permanent residence, you must sort out your immigration status before your residency expires.
When establishing your liability under U.S. Code 1324, the prosecuting attorney must prove that the person you transported violated U.S. immigration laws, meaning they were in the country without proper documentation.
You knew the Immigrant Was Undocumented
You may know some of the numerous undocumented and illegal immigrants who call the United States home or have had contact with them. Sometimes, you give someone a lift or offer your transportation services without realizing they are in the country illegally, unintentionally transporting them. In other cases, you know the individual well, and they are a member of your family or a friend.
Federal law does not punish individuals for violations they did not know they committed. Therefore, you will only be guilty of violating federal law if the prosecution can establish your knowledge of the fact that the person you transported was undocumented.
Some of the evidence that the position can use to prove this factor and secure your conviction include:
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Communications between you and the alien. The prosecuting attorney can subpoena your phone records and uncover any communications you may have had with the immigrant, which can indicate your knowledge of their illegal status.
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The existing relationship between you and the immigrant. Another way through which the prosecution can prove that you knew of the immigrant's undocumented status is if there is an existing relationship between you. If the undocumented immigrant is your relative, spouse, or friend, the prosecution will assume that you know.
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Your behavior after the arrest. Some people are unaware that your kindness in helping someone move from one location to another can land you in trouble with the law. However, when someone knows they have committed an offense, they may try to run from law enforcement officers or engage in other suspicious acts.
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Prior contact with the immigrant. The prosecuting attorney can prove your knowledge of the status of an alien by presenting physical evidence that you have been in contact with the immigrant in the past.
In addition to proving your knowledge of the status of the individual you transported, the prosecuting attorney must show that you disregarded this fact and continued with your acts. This means you ignoredthe fact that you were violating the law and offered transport to the individual.
You Acted Willfully
The final element that can be used to establish your guilt for transporting undocumented immigrants is that your actions of furthering the aliens' violation of federal laws were willful. This element prevents individuals in the transport business from facing charges for transporting individuals they did not know were undocumented.
You may not meet the definition of this crime if you are a taxi driver who transports individuals from one job site to another. However, you can fit the profile of individuals targeted by these laws if you arrange to move illegal immigrants to other locations in the US.
If you are an immigrant facing charges under federal or California law, or if you are facing charges involving illegal aliens, there are intricate legal factors to take into account. As such, you will require the advice of a lawyer experienced in immigration law. This will help you understand the magnitude of your charges and the right way to fight them.
Penalties for Violating U.S. Code 1324
Federal law prosecutes the most severe offenses. Therefore, you risk facing severe legal penalties if you are convicted of transporting an undocumented immigrant. The federal court may consider the following factors to determine the severity of your penalties:
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The number of immigrants you transported. The severity of your punishment for violating U.S. Code 1324 will increase with the number of immigrants you transport. You risk facing a lengthy prison sentence when you transport ten or more immigrants.
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Criminal record. Federal laws are stringent on defendants with multiple prior convictions. Therefore, you will face harsher penalties when you have a prior conviction for a similar offense or another crime in federal court.
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Presence of injuries. Whether or not a person suffered an injury during the commission of your offense may be a critical factor in your sentencing. Additionally, the severity of injuries and the number of individuals injured can increase or reduce your penalties.
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Potential financial gain. Some people transport undocumented immigrants for financial gain. Therefore, the amount of money you earn from engaging in this act could dictate the severity of your punishment.
If you are facing charges for transporting one or two undocumented immigrants and you have no prior convictions, you can face a sentence of five years in federal prison. There is no mandatory minimum sentence for cases without aggravating circumstances.
If you commit the crime for financial gain, the judge will impose a mandatory minimum sentence of three years and a maximum sentence of ten years. If there are highly aggravating circumstances, like transporting more than ten undocumented immigrants or causing severe injuries to another person, you can face a mandatory minimum sentence of 5 years or a maximum of 15 years.
If your conviction has a mandatory minimum sentence, you must serve time in prison. When you are found guilty at the federal level, you must complete a sizable amount of your sentence before being eligible for parole.
Defense Against Charges Under U.S.C Code 1324
Consequences from a federal court conviction may have a lasting impact on your life. A conviction can result in jail time and a tarnished record that will impact your personal and professional life. Immigrants who are charged with this crime have the serious possibility of incurring harsh immigration penalties, such as deportation. You must thus vigorously contest the charges.
The following are defenses you can use against your charges for the transportation of undocumented immigrants:
Lack of Knowledge
You must have known that the individual you transported was an undocumented immigrant for you to be charged under this statute. Therefore, you can avoid a conviction by arguing your lack of knowledge and explaining that you were going about your business and not involved in the immigrant's illegal acts.
Lack of Intent
You must have willfully furthered the illegal acts of the undocumented immigrant to be charged with this offense. However, you can argue that you did not intend to transport the illegal immigrants.
Coercion
Some undocumented immigrants are dangerous and sometimes armed. To accomplish their mission of moving from one location to another in the U.S., they could threaten taxi or bus drivers.
You could claim coercion if you transported an undocumented alien for fear of harm to your life or loved one’s safety. However, when using this defense, you must prove to the federal court that the threats against you were credible.
Insufficient Evidence
To secure a conviction, the prosecution must prove each component of your offense. Your lawyer can create doubt in their case by challenging the prosecutor's evidence and reasoning.
Constitutional Violations
Transportation of undocumented aliens is a severe federal offense. Therefore, investigators and federal officers will aggressively collect evidence against you. Unfortunately, some of these methods of evidence collection can result in a violation of your constitutional rights. This could include unlawful searches and seizures and failure to read your Miranda rights during an arrest and interrogations.
Your attorney can petition the court to dismiss some evidence from the case if you can prove that one of your constitutional rights was violated.
What Should I Do if I Am Arrested for Transporting an Undocumented Immigrant Within the U.S.?
It can be extremely distressing to be arrested and charged in federal court. Your actions after being detained could affect how your case turns out. The FBI, border patrol, and law enforcement officials might want to talk to you after your arrest.
You must acknowledge the possibility of the cops using the information you give them against you. As a result, you cannot give up any of your rights. Instead, you must use your right to silence until you have legal counsel. This lessens the chance of unintentionally admitting to the crime.
Speaking too early can make your case harder to defend. If you are an immigrant, you can be detained at ICE detention, where you can post an immigration bond and meet with your attorney to discuss your case.
Additionally, you should immediately contact a reliable immigration attorney. Your lawyer will help protect your constitutional rights and defend against the charges by helping you collect evidence relevant to the case and representing you at your trial.
Find a Competent Immigration Attorney Near Me
Being in the United States without proper documentation violates federal law. You may find yourself in legal trouble if you knowingly transport or harbor an individual with the knowledge that they are undocumented. This could include driving the individual across the border or within the country or harboring them in your vehicle.
If you engage in any of these acts, you risk facing an arrest and charges for a federal offense under 8 U.S. Code 1324. Transporting an undocumented immigrant is a severe offense, and a conviction will result in severe legal penalties, including incarceration and fines. If you are an immigrant, the offense can result in your deportation or inadmissibility.
Fortunately, arrests and charges under this statute do not always end in your conviction. With the guidance of a reliable immigration attorney, you can understand your charges and build a solid defense against the charges. At California Immigration Attorney, we will offer the expert legal guidance and representation you need to navigate the complexities of your immigration case throughout California. Call us at 424-789-8809 to book a consultation.