Undocumented Alien Transportation: What to know

In the United States, it is a federal crime to knowingly transport an undocumented alien within the country or to aid in their transport in any way.

What many people don't realize, however, is that even if they have no opinion on the matter of illegal immigration, they could still be breaking the law if they aid in the transport of an undocumented alien. And, if they are caught, they could face harsh penalties. 

Which begs the question: what exactly is aiding in the transport of an undocumented alien? Learn more about what this crime entails and the possible penalties you could face if convicted.

• How the law defines "undocumented alien transportation"
• What are the different types of transportation for undocumented aliens
• Transportation of an undocumented alien within the United States
• Transportation of an undocumented alien across the border
• The Penalties for Transporting Undocumented Aliens
• What are the consequences of being caught transporting undocumented aliens
• What are the dangers associated with undocumented transportation
• What should you do if you are being accused of smuggling aliens
• Defend yourself with a federal criminal defense attorney

The law defines "undocumented alien transportation" as knowingly alien smuggling within the United States, or helping them move, in order to further their undocumented status. (Illegal border crossing)

This means that, even if you didn't know the person you were transporting was an undocumented alien, you can still be charged with illegal alien smuggling and other alien involved charges if the prosecutor can prove that you knew or should have known the person was undocumented.

Additionally, simply driving an undocumented alien to a location within the United States does not necessarily count as "transportation." The prosecutor would also have to prove that you were knowingly helping the person to further their undocumented status.

For example, if you drove an undocumented alien to a job interview, that would likely not be considered "transportation" under the law. However, if you drove an undocumented alien to a location where they would be picked up by a smuggler to be taken across the border, that would likely be considered "transportation."

Undocumented alien transportation charges can be divided into two different types: 

1. Transportation of an undocumented alien within the United States
2. Transportation of an undocumented alien across

Both types of transportation can result in charges being filed against you, but the penalties will vary depending on the type of transportation involved.

Illegal aliens who are already within the United States often need help getting around the country so they can find work or be reunited with family members that reside in the United States.

Federal law does not consider a crime to transport an undocumented alien within the United States, however, according to the Immigration and Nationality Act (I.N.A.), at Section 274(a)(1)(A)(ii), it is considered a felony to encourage or induce an alien to come to, enter, or reside in the United States in violation of law.

The penalties for this crime are a fine and up to five years in prison, though the offense is enhanced if the individual committed for financial gain, resulted in serious bodily injury, or death of any person.

If you transport an undocumented alien within the United States, you could be charged with a federal felony and face up to five years in prison. Additionally, you could be fined up to $250,000. However, if the undocumented alien you transported is a family member, you may only be charged with a misdemeanor and face up to one year in prison and a $100,000 fine.

Federal law also prohibits the transportation of undocumented aliens across the border (illegal border crossings), even if you are just driving them to a location where they will be picked up by a smuggler.

If you are caught transporting an undocumented alien across the border, you could be charged with a federal felony and face up to 10 years in prison. You could also be fined up to $250,000.

If a immigration officer received a serious bodily injury during the commission of the crime or if the undocumented alien you were transporting died, you could face even harsher penalties such as 20 years in federal prison or even the death penalty.

If you are being accused of transporting an undocumented alien, it is important to seek out the help of a federal criminal defense attorney as soon as possible. An attorney can help you understand the charges being filed against you and will work to create the best defense possible given the facts of your case.

If you are caught transporting an undocumented alien within the United States, you will be fined and could spend up to five years in prison. The minimum sentence is three years. If the person being transported is underage, then the penalties are even harsher.

In addition to facing prison time and/or a fine, you will also have a criminal record. This can make it difficult to find a job, get housing, or do anything else that requires a background check. You may also have problems if you try to enter another country.

In some states, it is also a crime to transport or harbor an undocumented alien. The penalties for these crimes vary from state to state, but they can often be just as severe as the federal penalties.

If you have prior convictions, criminal records or if you are charged with multiple counts of transporting undocumented aliens, the penalties will be even harsher.

For example, if you have two prior convictions such alien smuggling, you will be sentenced to a mandatory minimum of 10 years in prison and a maximum of life in prison. If you are also charged with other crimes related to the smuggling, such as money laundering or document fraud, you will be facing even more time in prison.

If you are caught smuggling aliens into the United States for financial gain, you could face up to 20 years in prison. If the person you smuggled died during the crossing, you could be charged with manslaughter and face up to 20 years in prison. If multiple people died, you could be charged with murder and face the death penalty.

As with very criminal offense, there are a range of possible consequences for being caught transporting undocumented aliens. These consequences can be divided into two basic categories: criminal penalties and immigration consequences.

Criminal penalties can include fines and imprisonment, as well as the seizure of your vehicle. You may also lose your driver's license. If you are not a United States citizen, you may also be deported. Your criminal record can also make it difficult to find housing or a job, as well as enter other countries.

Immigration consequences can include being placed in removal proceedings and, ultimately, being deported from the United States. If you are placed in removal proceedings, you will have a chance to defend yourself against the charges, but if you are convicted of transporting undocumented aliens, it is very likely that you will be removed from the United States.

There are a number of dangers associated with transporting undocumented aliens. These include the possibility of being fined, imprisoned, or deported. You may also have difficulty finding housing or a job. In some cases, you may be charged with manslaughter if the person you were transporting died during the crossing.

If you acted in reckless disregard for human life by smuggling aliens across the border and someone died as a result, you could be charged with homicide. The penalties for this crime can include life in prison or even the death penalty.

In addition to the criminal penalties, there are also a number of immigration consequences that can result from being caught transporting undocumented aliens. These include being placed in removal proceedings and, ultimately, being deported from the United States.

If you are accused of smuggling aliens into the United States, first and foremost, you should remain calm and contact an experienced criminal defense lawyer. You should not try to speak to the authorities without an attorney present, as anything you say can be used against you in court.

Your lawyer will be able to advise you of your rights and help you to create the best possible defense against the charges. If you are convicted of smuggling aliens, your lawyer may also be able to help you to minimize the potential penalties and immigration consequences.

Aiding in the transport of an undocumented alien is a serious offense that comes with potentially life-changing consequences. If you or someone you know has been charged with this crime, it's important to seek out experienced legal help right away.

At The Law Office of Rolando Cantu, our Texas federal criminal defense attorneys have the experience and knowledge necessary to defend you against these charges. We will work tirelessly to ensure that your rights are protected and to help you achieve the best possible outcome in your case.

Call us today at (956)-267-9898 or contact us online to schedule a free consultation.