ILLEGAL ENTRY AND RE-ENTRY

Criminal Charges Relating to Border Crossing

Due to Southern Arizona’s long border with Mexico, crimes involving illegal entry into the United States are among the more commonly prosecuted offenses, particularly in Federal (District) Court.  There are a number of criminal charges that people can face relating to simply crossing the border, even without breaking any other laws (e.g. drug smuggling).  Centuries ago, lines were drawn, some even cutting right through border towns like Nogales, leaving one side of the line as part of the United States, and the other as Mexico.

With increasingly difficult means of lawful immigration into the United States, many from Central America (and other parts of the world, as well), have turned to illegal means of coming to America.  People have attempted to sneak across the border in many different creative ways, some successful, some not so much.  Whether a person is concealed in a vehicle, presents false documentation at a border crossing, attempts to scale a border fence, or flies in and overstays a tourist visa, there can be serious criminal and immigration consequences for coming to the United States illegally.  In perhaps the most absurd application of this law, the federal government has charged people with felony offenses for merely providing water to travelers suffering from dehydration and exhaustion.  

Criminal defense attorneys often have to represent clients who are both legally and morally culpable.  In many of these illegal entry cases, it is hard to question the moral choices people made, often escaping horrible conditions, and seeking to reunite with family.  We are proud to seek a better outcome for people whose only crime was seeking a better life.  Immigrants have built this county, and continue to contribute much more than their fair share.  

ILLEGAL ENTRY
An alien entering the United States other than as designated by immigration officers is punishable, for a first offense, as a misdemeanor, carrying a maximum penalty of six months imprisonment or a fine.  Subsequent violations are punishable by up to two years imprisonment and fines.  This applies to people who have not been deported from the United States (more on that below).  Illegal entry can be committed in many ways, from the trunk of a car, a tunnel, to lying on a visa application.

ILLEGAL RE-ENTRY
Those who have been previously deported from US soil face the unique crime of illegal re-entry.  Illegal re-entry by those deported for their criminal history carries very lengthy prison sentences (up to 20 years in prison for person previously convicted of an aggravated felony).  A favorite charge of Federal prosecutors, illegal re-entry is a serious offense, and typically carries with it lengthy prison terms, prior to another deportation/removal from the United States.  The fact that a person was previously deported, makes the charge very easy for prosecutors to charge, and difficult to defend factually.  The accused’s mere presence in the United States after deportation is sufficient to prove the crime.  There will be government records that prove that the deportation took place, and it will be clear that the defendant must have returned unlawfully.  Defending these cases requires strong familiarity with Federal sentencing guidelines, and departures/variances therefrom.  

SMUGGLING ALIENS
While the most obvious cases of “alien smuggling” would be situations like knowingly driving a person not permitted to enter the United States in the trunk of a car, these charges come in many forms, and can apply to virtually any assistance or encouragement a person offers another.  Some examples include arranging for a “coyote” to help another person cross the border, and even helping a person after border crossing.  In these cases, the government must prove knowledge and an affirmative act in order to convict.  The potential punishment for alien smuggling is up to ten years in prison if done at a non-designated place.  Attempting to smuggle a person through a border checkpoint is much less, punishable by a prison term of only one year.  Repeat offenders face harsher punishment.
More About Alien Smuggling
More About Asset Forfeiture

MARRIAGE FRAUD AND IMMIGRATION-RELATED ENTREPRENEURSHIP FRAUD
Crimes relating to immigration can take many forms.  Entering into a marriage, or establishing a commercial enterprise in order to evade US immigration laws is a very serious crime, punishable by up to 5 years in prison, and fines up to $250,000.

If you or a loved one has been charged with a crime relating to illegal border crossing, the Federal government will be aggressive in their pursuit of what they think justice is.  They are wrong, and you need a lawyer who not only understands that, but has the persuasive capacity to help you, whether at trial or by seeking a better sentence.  At Tucson Defenders, we take great pride in keeping families together.  While we do not provide immigration services, our attorneys understand immigration law, and how a criminal case will impact our clients.  Call today for a FREE CONSULTATION with a Tucson Criminal Defense Lawyer.  520-585-5757.

RELATED ARTICLES:
Federal Criminal Defense
Importing Controlled Substances
Effect of Criminal Convictions on Immigration

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