The Punishments for Harboring Illegal Immigrants
Posted on Aug 31, 2012 3:55pm PDT
If you have been charged with harboring an illegal immigrant, then you are at risk to serious punishments. According to the 8 USC § 1324, any person who brings a person into the United States and is aware of the fact that person is an illegal can be prosecuted. This crime is normally regarded as serious if the illegal immigrant comes in from an entry that is not designated by the Commissioner.
Those who smuggle immigrants into the country are subject to punishment whether or not the alien has official authorization to come into the U.S. In fact, even if that alien is legalized, the smuggler can still be prosecuted. Also, anyone who is aware that an alien has entered the United States in a violation of the federal law and helps that person by transporting him or her within the United States can be punished for violating the law.
Those who have knowledge that an illegal immigrant has come into the United States and harbor that immigrant within their home, building, or another structure in order to hide them from the law enforcement can also be punished. Any attempts to conceal an immigrant or to shield him or her from detection illegal. Also, anyone who encourages an alien to come into the United States illegally or gives that person suggestions as to how to enter the United States illegally can also be prosecuted. Even just engaging in a conspiracy to commit one of these acts, or helping someone else to commit them can merit serious punishments.
If you have helped a person to enter the United States illegally in any way, then you can be fined or sent to prison for up to 10 years. This is especially true if you aided immigrants for compensation. If you did not do this crime for payment, then you will still be subject to imprisonment for up to 5 years. If you try to aid someone across a border and then inflict serious bodily injury on the person that you helped, then you can be fined and sent to prison for up to 20 years. This is the punishment that has been issued to the abusive smugglers who help immigrants across the Mexican border and then rape and beat them inside the county lines. If you help someone across the border and then cause that person’s death for any inexcusable reason, you can be imprisoned for life.
There are exceptions within these immigration laws. If a person encourages a foreigner to enter the United States in affiliation with a religious group for the goal of being a missionary, and that person has been a part of the demonization that he or she is affiliated with for at least one year, then the religious organization will probably not be held accountable under the laws. Therefore, you need to battle your case if you have been imprisoned or charged with an immigration crime and your entry into the United States was for a religious purpose.
If the courts can prove that your smuggling or harboring was done for commercial or financial gain, and you brought an immigrant into the United States and refused to take him or her immediately to an immigration office, then you can be imprisoned for up to 10 years in addition to financial consequences. Also, those who hire over 10 illegal immigrants for over one year and are aware of the fact that these hires to not have any legal status in the U.S. can be imprisoned for up to 5 years. If you are currently being tried for employing, harboring, or smuggling illegal immigrants, you may want help from an immigration attorney! Talk to someone today!