Can I Be Criminally Charged for Helping an Undocumented Immigrant?
You can face federal criminal charges if you help an undocumented immigrant, depending on how you help them and if you know, or reasonably should know, of their immigration status. Many citizens may be unaware that how they interact with undocumented immigrants could put them at risk of federal charges. Criminal defense Milligan Beswick Levine & Knox, LLP, protects clients’ legal and Constitutional rights after their arrest. We’re giving you a short description of the situations that may cause you trouble.
If you face an immigration-related criminal charge in California, talk to an experienced criminal defense attorney in California as soon as possible. Over the years, Milligan Beswick Levine & Knox, LLP, California criminal defense lawyers have helped hundreds of defendants. Attorney C. Patrick Milligan earned his JD at Stanford University and has spent years defending California residents.
What’s the Future of California’s Undocumented Immigrants?
There were 1.8 million undocumented immigrants living in California in 2022, the Pew Research Center estimates. This is out of a population of about 39 million, or almost 5% of California residents. If they created and lived in their own city, it would be the state’s second largest, behind Los Angeles, with about 400,000 more people than San Diego.
Donald Trump made deporting undocumented immigrants a key part of his Presidential campaign. Since taking office in January, President Trump announced several immigration-related executive orders, potentially paving the way for a widespread effort to put his promises into action, reports the BBC. While Trump has talked about “mass deportations” and arrests, it’s unclear how much of his intentions will become reality.
What Crimes Could be Committed by Residents Helping or Profiting from Undocumented Immigrants?
A population of 1.8 million undocumented immigrants couldn’t exist in the state without possibly thousands of people committing acts that may violate federal law. While most of the Immigration and Nationality Act covers civil offenses, like deportation, it has criminal provisions, including those making providing prohibited assistance to undocumented immigrants a felony.
Simply helping someone who’s not here in the country legally won’t land you in jail. Federal statute 8 U.S.C. § 1324(a)(1)(A) details which actions are illegal, including the following:
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Smuggling
Bringing or trying to bring someone into the US anywhere other than a port of entry knowing that they’re an alien is a criminal offense.
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Transporting
Providing transportation in the US for an alien knowing “or in reckless disregard of the fact that [the] alien has come to, entered, or remains in the United States in violation of law” is a criminal offense.
The intent of the law is to discourage people from being paid to drive undocumented immigrants after they’ve crossed the border and into the interior of the US. This shouldn’t be applied to a person driving a neighbor or friend not knowing their immigration status.
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Harboring
It’s a federal crime to harbor, conceal, or shield an alien from detection “knowing or in reckless disregard of the fact that [the] alien has come to, entered, or remains in the United States in violation of law.” To be convicted, the prosecution would need to prove the defendant’s acts facilitated the undocumented immigrant’s ability to stay in the US unlawfully.
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Encouraging
It’s a federal criminal offense to induce or encourage an alien “to come to, enter, or reside in the United States while knowing or in reckless disregard of the fact that the alien’s entry or presence is or will be in violation of law.”
The Supreme Court upheld this provision after it was challenged on First Amendment free speech grounds. The court ruled the law was Constitutional when narrowly applied to “the purposeful solicitation and facilitation of specific acts that violate federal law.”
What Penalties Would I Face if Convicted?
The U.S. Sentencing Commission’s Primer on Immigration Offenses discusses maximum sentences for violating 8 U.S.C. § 1324(a)(1)(A):
- Ten years is the maximum for bringing or trying to bring an undocumented immigrant into the US.
- It’s five years for harboring, transporting, or encouraging a migrant to enter the US illegally without being paid
- It increases to ten years if these offenses are committed for financial gain
- It’s 20 years if the offense results in serious bodily injury or jeopardizes the life of another person
- You can face life in prison if the offense causes the death of another person
The maximum penalty may increase an additional ten years if:
- The offense involves the commercial transportation of large groups of immigrants in a life-threatening manner, or
- It results in a life-threatening health risk to US residents
Those convicted of these offenses may also forfeit their motor vehicle, vessel, or aircraft used to commit the offense.
Work With an Established Redlands Criminal Defense Law Firm
Though the State of California and many cities state they won’t help with a crackdown on undocumented immigrants, at issue is federal criminal laws investigated by federal agencies and prosecuted by federal prosecutors. If you face these charges, you would be much better served with a criminal defense attorney than trying to defend yourself.
If you’re engaging in any of the acts described above, you should discuss the situation with a criminal defense Milligan Beswick Levine & Knox, LLP, California criminal defense lawyer so you understand what’s at risk. Schedule a consultation with us by calling 909-894-0812 – and get started with one of our experienced criminal defense lawyers today.
Stephen Levine, is a Board Certified Specialist in Criminal Defense — an honor achieved by only the top criminal law attorneys in California. Mr. Levine has over 40 years of experience in criminal defense and family law serving Southern California, and is a highly regarded Super Lawyer as well as AV Rated attorney.