Last Updated on: 28th July 2023, 07:20 pm

Federal Immigration Crimes: Understanding the Different Types of Immigration Offenses

Criminal Immigration Attorney Explains the Different Types of Immigration Offenses in the US

The issue of unauthorized immigration is a growing concern in the United States. According to the Pew Research Center, there are currently 12.2 million unauthorized immigrants in the country. Unfortunately, a significant portion of this population has been found to be involved in criminal activities. Last year, according to ICE, 177,960 of the illegal immigrants that were deported had criminal convictions.

Immigration Offenses and Penalties

While visa overstay is not itself an immigration crime, there are several other immigration-related federal offenses that one can commit, including:

Improper Entry by Alien

Under 8 U.S.C. § 1325(a), any alien who enters or attempts to enter the United States at any time or place other than as designated by immigration officers, or eludes examination or inspection by immigration officers, or attempts to enter or obtains entry to the United States by a willfully false or misleading representation or the willful concealment of a material fact, shall, for the first commission of any such offense, be fined under title 18 or imprisoned not more than 6 months, or both, and, for a subsequent commission of any such offense, be fined under title 18, or imprisoned not more than 2 years, or both.

Marriage Fraud

As commonly known, the immediate relatives of U.S. citizens may obtain permanent residency or Green Card. However, marriage fraud occurs when someone enters into a marriage under false pretenses to avoid U.S. immigration laws. Under 8 U.S.C. § 1325(c), any individual who knowingly enters into a marriage for the purpose of evading any provision of the immigration laws shall be imprisoned for not more than 5 years, or fined not more than $250,000, or both. USCIS is also authorized to cancel any citizenship or naturalization certificate if it is deemed that the certificate was illegally obtained or created by fraud.

Fraud and Misuse of Visas, Permits, and Other Documents

Under 18 U.S. Code § 1546, several types of immigration fraud are defined, and anyone who commits such offenses shall be fined or imprisoned, depending on the severity of the crime. For instance, forgery, counterfeiting, alteration, or false representation of any immigrant or nonimmigrant visa or other required document, shall be fined or imprisoned not more than 25 years if the offense was committed to facilitate an act of international terrorism, 20 years if the offense was committed to facilitate a drug trafficking crime, 10 years in the case of the first or second such offense, if the offense was not committed to facilitate such an act of international terrorism or a drug trafficking crime, or 15 years in the case of any other offense, or both. The effects of an immigration fraud conviction under 18 USC 1546 are permanent and extremely serious. Once convicted, the offender is permanently barred from receiving immigration benefits.

Types of Immigration Fraud

There are several types of immigration fraud. Below are some examples:

Document Fraud or Identity Fraud

This refers to the making, sale, or use of forged identity documents like birth certificates, driver’s licenses, passports, or Social Security cards. It may also involve identity theft and any attempt to procure genuine identity documents through illicit means.

Illegal Immigration: A Crime with Serious Consequences

Bringing and Harboring Undocumented Aliens

Under 8 U.S. Code § 1324, it is illegal for any person to bring or attempt to bring an alien into the United States without prior official authorization. The consequences for this crime are severe, ranging from fines and imprisonment for up to one year, to a maximum of 15 years in prison for repeat offenders.

Exploiting Illegal Immigrants for Financial Gain

Unfortunately, some corporations, companies, and individuals seize the opportunity to exploit the illegal status of immigrants for financial gain. But, employers who ignore the illegal status of their workers face the risk of prosecution under 8 USC 1324.

Transporting Illegal Aliens: A Crime with Witnesses

Transporting illegal aliens is a crime that always has witnesses, including those who provide assistance. These witnesses may face deportation and be immediately returned to their native countries, even if they themselves do not face prosecution. Smugglers may also be ordered to pay restitution to the illegal aliens they smuggled if they qualify as victims under the Victim and Witness Protection Act.

Common Immigration Crimes

The most common immigration crimes include:

• Bringing undocumented aliens to the U.S. without authorization
• Transporting illegal immigrants within the U.S.
• Encouraging foreign nationals to enter the U.S. without authorization
• Conspiring to commit and/or aiding in the execution of any of the above acts

Harboring Aliens: A Serious Crime

Harboring aliens is a crime that significantly facilitates their ability to stay in the United States illegally. It is illegal for anyone to harbor, hide, or shield from detection by any means, including buildings or vehicles, a foreign national who is not a legal resident of the U.S. Even if an alien has gained legal entry, once they lose legal status, those who help them stay can be found guilty of harboring.

Penalties for Immigration Crimes

Harboring, transporting, or encouraging entry without financial gain carries a maximum sentence of five years in prison. However, if the crime is committed for financial gain or if the crime is a conspiracy, the penalty increases to a maximum of ten years in prison.

Seizure and Forfeiture

Any conveyance used in the commission of a violation of 8 U.S.C. 1324, including vessels, vehicles, or aircraft, as well as the gross proceeds of the violation and any property traceable to the conveyance or proceeds, shall be seized and subject to forfeiture.

In conclusion, illegal immigration is a serious crime with severe consequences. The U.S. government takes this matter seriously and will prosecute those who engage in illegal acts related to immigration. It is important for individuals and corporations to understand and abide by the laws and regulations surrounding immigration to avoid facing serious penalties.