It is no secret that many immigrants come to the United States with hopes and dreams of a better life for themselves and their families. However, many make the choice to enter the country through illegal means. As such, it is imperative to understand that assisting or harboring aliens in the United States constitutes a federal offense under 8 U.S. Code § 1324. The following blog explores some of the different facets of this law, including the penalties you can face, as well as the importance of working with an experienced Oklahoma City federal crime lawyer to help you explore your legal options if you are charged under this law.

What Actions Are Associated With Assisting and Harboring Aliens?

Under Title 8 U.S.C. § 1324, there are a considerable number of illegal behaviors that constitute a federal offense. This includes, but is by no means limited to, the following:

  • Smuggling an alien into the United States at any location other than a designated port of entry, even if the person has prior authorization to enter the United States
  • Moving or transporting an alien who has entered the United States through illegal means
  • Conspiring with others to bring aliens into the United States and to aid and abet them
  • Harboring aliens, which includes providing shelter, food, financial support, or other assistance
  • Encouraging aliens to enter the United States illegally
  • Bringing an alien into the country, which differs from smuggling, as that only refers to the bypassing of legitimate ports of entry

Similarly, it is a federal offense under this section to hire at least ten aliens within a twelve-month period, knowing they do not have authorization to be in the country.

In order to be charged and convicted of crimes under this section, the prosecution must show that you knew that the individual was in the country illegally. If you can show that you have a legitimate and steadfast belief that the person you were assisting was a U.S. citizen, you may be able to fight the charges against you.

What Are the Penalties for Violations of 8 U.S. Code § 1324?

The penalties associated with violations of these laws can be incredibly intense, as these constitute federal crimes.

Generally, if you bring in an unauthorized individual, you’ll typically face one year in prison, but if you obtain financial gain for the action, you can be charged with up to ten years behind bars. Similarly, transporting or hiring more than ten aliens in one year warrants up to five years in prison. If you smuggle an alien in illegally, you can face ten years. Finally, if you bring in an unauthorized individual and someone suffers serious bodily harm, you can face up to 20 years, but if this results in someone’s death, the penalties increase to the potential for life in prison.

These charges often depend on the circumstances surrounding the crime, so it is often up to the discretion of the judge to determine your sentence.

If you have been charged with any offense under 8 U.S. Code § 1324, it is imperative to connect with an experienced criminal defense attorney with the Jones Firm, PLLC, as soon as possible. Our team understands the severity of facing a federal offense, which is why we will do everything in our power to help guide you through these difficult times. Contact us today to learn how we can fight for you.