Keith Mack
Helping illegal immigrants is against the law in the United States. Under the Texas Penal Code, you must intentionally encourage or induce them and actively harbour or shield them, actively encouraging them to break federal immigration laws and conceal them from detection. You can be charged with the crime of 'harbouring an undocumented immigrant' and face a maximum of 20 years in prison if the immigrant sustains serious bodily injury, or life in prison if they die.
| Characteristics | Values |
|---|---|
| Helping undocumented immigrants evade detection | Breaking federal immigration laws |
| Bringing or attempting to bring someone to the U.S. outside of a designated point-of-entry | Crime |
| Transporting or moving someone who has entered the U.S. illegally | Crime |
| Concealing, harbouring, or shielding an undocumented immigrant from detection | Crime |
| Encouraging an undocumented immigrant to come to the U.S. or reside in the U.S. | Crime |
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Transporting an illegal immigrant
The law also prohibits encouraging an alien to come to or reside in the U.S. despite knowing that this would be a violation of the law. This means that if you are caught helping an illegal immigrant to enter or remain in the country, you could be charged with a crime.
If you are accused of transporting an illegal immigrant, it is important to seek legal help. A lawyer can work to fight the charges and help you avoid prison and other life-changing penalties. You may be able to plead down to a less serious offense, get a light sentence, or seek a dismissal of charges.
It is important to note that immigration laws in the United States are complex and controversial. There is ongoing debate over whether these laws should be reformed. However, as it stands, helping undocumented immigrants can have a profound impact on your future.
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Encouraging an illegal immigrant to come to the US
Immigration laws require foreign visitors to the country to enter the United States at designated points of entry. Any foreign visitors coming into the US must have the required documentation, which could include a visa depending on what country an individual is coming from and what the foreign national plans to do within the US. When someone enters the US without following immigration laws, this is a crime. Those who help people with illegal entry, or those who assist people after an illegal entry, can be charged with the crime of harbouring an undocumented immigrant.
The Illegal Immigration Reform and Immigrant Responsibility Act (IIRIRA) is a federal law that makes it a crime to bring or attempt to bring someone to the US outside of a designated point of entry, knowing that person is an alien. It is also illegal to transport or move someone who you know has entered the US illegally, or to conceal, harbour, or shield an alien from detection.
If you are accused of harbouring an illegal immigrant, it is important to protect yourself by pleading down to a less serious offence, seeking a light sentence or dismissal of charges, or putting together a strong case if you plead not guilty.
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Shielding an illegal immigrant from detection
If you are accused of harbouring an undocumented immigrant, you should do everything you can to plead down to a less serious offence, get a light sentence, seek a dismissal of charges, or put together a strong case if you plead not guilty.
The federal law states that a defendant can be charged for:
- Bringing, or attempting to bring, someone to the U.S. outside of a designated point-of-entry, despite knowing that person is an alien.
- Transporting, moving, or attempting to transport or move someone who you know has entered the U.S. illegally, or who you should know has entered the country illegally.
- Concealing, harbouring, or shielding an alien from detection, or attempting to shield an alien from detection, in a building or any vehicle despite knowing the alien entered the country in violation of U.S. immigration laws.
- Encouraging an alien to come to the U.S. or to reside in the U.S. despite knowing this will be a violation of the law.
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Bringing an illegal immigrant to the US outside of a designated point of entry
The Illegal Immigration Reform and Immigrant Responsibility Act (IIRIRA) outlines the consequences of breaking federal immigration laws. If you are accused of harbouring, you should do everything you can to plead down to a less serious offence, get a light sentence, seek a dismissal of charges, or put together a strong case if you plead not guilty.
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Assisting an illegal immigrant after they have entered the US
The penalties for harbouring an illegal immigrant are severe, and you could face up to 20 years in prison if the person you are harbouring sustains serious bodily injury, or life in prison if they face death. These penalties are even more severe if you were harbouring illegal immigrants for profit or contributed to their serious bodily injury or death.
Under Texas law, you are allowed to drive around a truck full of illegal aliens in broad daylight, as long as it cannot be said that you were hiding them. However, federal immigration laws are enforced with enthusiasm and aggression in Texas, so you will need a lawyer who can match this.
It is important to note that alien smuggling was once largely a federal crime, but state prosecutions for the smuggling of persons are now more common than ever. This means that you could be charged for crimes in federal and state courts concurrently.
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Frequently asked questions
Under the Texas Penal Code, you must intentionally encourage or induce them and actively harbour or shield them, actively encouraging them to break federal immigration laws and conceal them from detection. This is known as 'harbouring an undocumented immigrant'.
Penalties will be more severe if you were harbouring illegal immigrants for profit or contributed to a person’s serious bodily injury or death. You could face a maximum of 20 years in prison for injury or life in prison for death.
Conspiracy, aiding and abetting offences are defined under Title 8, U.S.C. § 1324 as: “Any person who engages in a conspiracy to commit or aid or abet the commission of the foregoing offences”. This means you cannot bring across, transport within, or encourage someone to cross the border, and you cannot engage in a conspiracy to do so.
