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Jan 30, 2017, 10:42 AM
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For those that think there ARE no laws on the books about illegals...
U.S. Attorneys » Resources » U.S. Attorneys' Manual » Criminal Resource Manual » CRM 1500-1999 » Criminal Resource Manual 1901-1999
1907. Title 8, U.S.C. 1324(a) Offense
Title
8, U.S.C. § 1324(a) defines several distinct offenses related to
Aliens. Subsection 1324(a)(1)(I)-(v) prohibits alien smuggling, domestic
Transportation of unauthorized aliens, concealing or harboring
Unauthorized aliens, encouraging or inducing unauthorized aliens to
Enter the United States, and engaging in a conspiracy or aiding and
Abetting any of the preceding acts. Subsection 1324(a)(2) prohibits
Bringing or attempting to bring unauthorized aliens to the United States
In any manner whatsoever, even at a designated port of entry.
Subsection 1324(a)(3).
Alien Smuggling -- Subsection 1324(a)(1)(A)(I) makes it an offense
For any person who -- knowing that a person is an alien, to bring to or
Attempts to bring to the United States in any manner whatsoever such
Person at a place other than a designated port of entry or place other
Than as designated by the Commissioner, regardless of whether such alien
Has received prior official authorization to come to, enter, or reside
In the United States and regardless of any future official action which
May be taken with respect to such alien.
Domestic Transporting -- Subsection 1324(a)(1)(A)(ii) makes it an
Offense for any person who -- knowing or in reckless disregard of the
Fact that an alien has come to, entered, or remains in the United States
In violation of law, transports, or moves or attempts to transport or
Move such alien within the United States by means of transportation or
Otherwise, in furtherance of such violation of law.
Harboring -- Subsection 1324(a)(1)(A)(iii) makes it an offense for
Any person who -- knowing or in reckless disregard of the fact that an
Alien has come to, entered, or remains in the United States in violation
Of law, conceals harbors, or shields from detection, or attempts to
Conceal, harbor, or shield from detection, such alien in any place,
Including any building or any means of transportation.
Encouraging/Inducing -- Subsection 1324(a)(1)(A)(iv) makes it an
Offense for any person who -- encourages or induces an alien to come to,
Enter, or reside in the United States, knowing or in reckless disregard
Of the fact that such coming to, entry, or residence is or will be in
violation of law.
Conspiracy/Aiding or Abetting -- Subsection 1324(a)(1)(A)(v)
Expressly makes it an offense to engage in a conspiracy to commit or aid
Or abet the commission of the foregoing offenses.
Bringing Aliens to the United States -- Subsection 1324(a)(2) makes
It an offense for any person who -- knowing or in reckless disregard of
The fact that an alien has not received prior authorization to come to,
Enter, or reside in the United States, to bring to or attempts to bring
To the United States in any manner whatsoever, such alien, regardless of
Any official action which may later be taken with respect to such
Alien.
The Illegal Immigration Reform and Immigrant Responsibility Act
(IIRIRA), enacted on September 30, 1996, added a new 8 U.S.C. §
1324(a)(3)(A) which makes it an offense for any person, during any
12-month period, to knowingly hire at least 10 individuals with actual
Knowledge that these individuals are unauthorized aliens. See this Manual at 1908 (unlawful employment of aliens).
Unit of Prosecution -- With regard to offenses defined in subsections
1324(a)(1)(A)(I)-(v), (alien smuggling, domestic transporting,
Harboring, encouraging/inducing, or conspiracy/aiding or abetting) each
Alien with respect to whom a violation occurs constitutes a unit of
Prosecution. Prior to enactment of the IIRIRA, the unit of prosecution
For violations of 8 U.S.C. § 1324(a)(2) was each transaction, regardless
Of the number of aliens involved. However, the unit of prosecution is
Now based on each alien in respect to whom a violation occurs.
Knowledge -- Prosecutions for alien smuggling, 8 U.S.C. §
1324(a)(1)(A)(I) require proof that defendant knew that the person
Brought to the United States was an alien. With regard to the other
violations in 8 U.S.C. § 1324(a), proof of knowledge or reckless
Disregard of alienage is sufficient.
Penalties -- The basic statutory maximum penalty for violating 8
U.S.C. § 1324(a)(1)(I) and (v)(I) (alien smuggling and conspiracy) is a
Fine under title 18, imprisonment for not more than 10 years, or both.
With regard to violations of 8 U.S.C. § 1324(a)(1)(ii)-(iv) and (v)(ii),
Domestic transportation, harboring, encouraging/inducing, or
Aiding/abetting, the basic statutory maximum term of imprisonment is 5
Years, unless the offense was committed for commercial advantage or
Private financial gain, in which case the maximum term of imprisonment
Is 10 years. In addition, significant enhanced penalties are provided
For in violations of 8 U.S.C. § 1324(a)(1) involving serious bodily
Injury or placing life in jeopardy. Moreover, if the violation results
In the death of any person, the defendant may be punished by death or by
Imprisonment for any term of years. The basic penalty for a violation
Of subsection 1324(a)(2) is a fine under title 18, imprisonment for not
More than one year, or both, 8 U.S.C. § 1324(a)(2)(A). Enhanced
Penalties are provided for violations involving bringing in criminal
Aliens, 8 U.S.C. § 1324(a)(2)(B)(I), offenses done for commercial
Advantage or private financial gain, 8 U.S.C. § 1324(a)(2)(B)(ii), and
violations where the alien is not presented to an immigration officer
Immediately upon arrival, 8 U.S.C. § 1324(a)(2)(B)(iii). A mandatory
Minimum three year term of imprisonment applies to first or second
violations of § 1324(a)(2)(B)(I) or (B)(ii). Further enhanced punishment
Is provided for third or subsequent offenses.
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