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Covered by New York Times, and other outlets. Fake heiress accused of conning the city’s wealthy, and has an HBO special being made about her.

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Accused of stalking Alec Baldwin. The case garnered nationwide attention, with USAToday, NYPost, and other media outlets following it closely.

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The Spodek Law Group understands how delicate high-profile cases can be, and has a strong track record of getting positive outcomes. Our lawyers service a clientele that is nationwide. With offices in both LA and NYC, and cases all across the country - Spodek Law Group is a top tier law firm.

Todd Spodek is a second generation attorney with immense experience. He has many years of experience handling 100’s of tough and hard to win trials. He’s been featured on major news outlets, such as New York Post, Newsweek, Fox 5 New York, South China Morning Post, Insider.com, and many others.

In 2022, Netflix released a series about one of Todd’s clients: Anna Delvey/Anna Sorokin.

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The reason is simple: clients want white glove service, and lawyers who can win. Every single client who works with the Spodek Law Group is aware that the attorney they hire could drastically change the outcome of their case. Hiring the Spodek Law Group means you’re taking your future seriously. Our lawyers handle cases nationwide, ranging from NYC to LA. Our philosophy is fair and simple: our nyc criminal lawyers only take on clients who we know will benefit from our services.

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Immigration Crimes and Penalties Under Federal Law – Attorney Outline

By Spodek Law Group | October 20, 2023
(Last Updated On: October 20, 2023)

Last Updated on: 20th October 2023, 04:33 pm

Immigration Crimes and Penalties Under Federal Law

Immigration law in the United States is complex and constantly evolving. There are many ways that a non-citizen can run afoul of immigration laws and face severe consequences like deportation or being barred from re-entering the U.S. Understanding the key immigration crimes and penalties under federal law is critical for non-citizens facing criminal charges.

Unlawful Entry and Reentry

One of the most commonly prosecuted federal offenses is unlawful entry into the U.S. 8 U.S.C. § 1325 makes it a misdemeanor for a non-citizen to:

  • Enter or attempt to enter the U.S. at any time or place other than designated by immigration officers
  • Elude examination or inspection by immigration officers
  • Obtain entry into the U.S. by a willfully false or misleading representation or willful concealment of a material fact

For a first offense, the maximum penalty is 6 months in prison. Subsequent offenses are punishable by up to 2 years in prison[1].

Illegal reentry after removal is a more serious felony offense under 8 U.S.C. § 1326. The maximum prison sentence is 2 years, but can reach up to 20 years if the non-citizen has certain criminal convictions or was previously removed on certain grounds[1].

Prosecutions for unlawful entry and reentry reached record highs during the Trump administration, but have fallen under Biden[3]. These entry-related offenses still account for a substantial portion of the federal criminal docket.

Smuggling, Transporting, Harboring

Several laws criminalize assisting unlawful immigration[2]:

  • Alien smuggling (8 U.S.C. § 1324(a)(1)(A)): Bringing or attempting to bring a non-citizen into the U.S. illegally. Punishable by up to 10 years in prison, with higher maximums if done for financial gain.
  • Encouraging or inducing illegal immigration (8 U.S.C. § 1324(a)(1)(A)(iv)): Encouraging or inducing a non-citizen to come to or reside in the U.S. knowing it would be illegal. Up to 5 years in prison.
  • Transporting (8 U.S.C. § 1324(a)(1)(A)(ii)): Transporting a non-citizen within the U.S. knowing they entered illegally. Punishable by up to 5 years in prison, 10 if done for financial gain.
  • Harboring (8 U.S.C. § 1324(a)(1)(A)(iii)): Harboring, shielding or concealing a non-citizen in the U.S. illegally. Up to 5 years imprisonment, 10 if done for financial gain.

Marriage Fraud

Marrying solely to evade immigration laws is a crime under 8 U.S.C. § 1325(c). The maximum penalty is 5 years in prison and a fine[2]. Prosecutors can also charge immigration marriage fraud under other laws prohibiting false statements, visa fraud, or marriage fraud[5].

False Claims of U.S. Citizenship

Falsely claiming U.S. citizenship to obtain a benefit or privilege under law is a crime under 18 U.S.C. § 911. It carries up to 3 years imprisonment and a fine[4].

Fraudulently Obtaining Citizenship

Under 18 U.S.C. § 1425, it is a crime to knowingly procure naturalization contrary to law. This includes obtaining naturalization through fraud or willful misrepresentation. The penalty is up to 25 years imprisonment, with higher maximums if done to facilitate drug trafficking or terrorism[1][4].

Identity Theft and False Statements

Non-citizens may also face charges for identity theft under 18 U.S.C. § 1028A or making false statements under 18 U.S.C. § 1001 in relation to immigration matters[4].

Defenses and Mitigating Immigration Consequences

For non-citizens, the immigration consequences of a conviction can be severe. However, an experienced criminal defense attorney may be able to get charges dismissed or reduced, or plea to an alternate offense to avoid negative immigration outcomes.

Potential defenses include:

  • Lack of intent – the non-citizen did not knowingly commit fraud or make false statements
  • Duress or necessity – the non-citizen felt compelled to act unlawfully
  • Entrapment – the non-citizen was induced to commit the crime by government agents[5]

Consulting with an attorney knowledgeable in both criminal and immigration law is critical to avoid or minimize immigration consequences. Non-citizen defendants have the right to be advised of immigration consequences before pleading guilty[5].

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I was searching for a law firm with some power to help me deal with a warrant in New York . After 6 days I decided to go with Spodek Law Group. It helped that This law firm is well respected by not only the top law firms in New York , but the DA , Judge as well. I...

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