As a result of Southern Arizona's proximity to the US-Mexico border, there is a heavy presence of Federal Border Patrol agents, including numerous checkpoints along the freeways that connect the border to Tucson and other points North.  While these checkpoints, stopping all motorists without any individualized suspicion of wrongdoing would appear to violate the Fourth Amendment to the US Constitution's prohibition against unreasonable search and seizures, this has unfortunately not been the prevailing view among the courts.  Federal law authorizes all persons within 100 miles of the border to be stopped and questioned about their immigration status.  Customs and Border Patrol has 33 permanent checkpoints throughout the US border states, plus additional mobile/temporary tactical checkpoints.

Every day, motorists in Southern Arizona are stopped and asked their citizenship status, not only at the border crossing, but at various checkpoints throughout the region.  Border Patrol agents not only apprehend those illegally in the United States, but often US Citizens who are driving suspected illegal aliens.  Notably, one does not have to be involved in bringing a person across the border to be charged with alien smuggling; it is enough to assist a person in their travel from the southernmost points in the US to other places like Tucson or Phoenix. 

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Alien smuggling charges are filed in Federal court, where the offense is harshly prosecuted by the United States Attorney's Office.  In addition to arrest and criminal prosecution, those suspected of smuggling aliens also frequently face seizures of their vehicles and other personal property, including but not limited to cash.  If you or a loved one has been arrested, charged, or had property seized by the Federal government for suspected alien smuggling, contact the Tucson Defenders today for a FREE CONSULTATION with an experienced criminal defense attorney.  520-585-5757.

Arizona has numerous points of entry at the border, including San Luis, Lukeville, Nogales, Sasabe, Naco and Douglas.  The 11 checkpoints located in the Tucson sector are located near Gila Bend, Why, Sells, Three Points, Sasabe, Yuma, Tombstone and Benson.  Our attorneys are also licensed in California and Texas, and able to assist with matters in the Federal courts in those border states as well.

Alien smuggling can be construed as an act of willfully assisting a person to enter the United States illegally, or moving through the United States after crossing the border.  This can be through aiding the immigrant physically to cross the border or travel beyond the border, helping cover the cost to bring them, or simply encouraging them to enter illegally.  People in Arizona have been charged with federal crimes for providing humanitarian aid such as medical care, water, and shelter to those who travel across the Sonoran desert.

8 U.S. Code § 1324 - Bringing in and harboring certain aliens- 1324(a)(1)(i)-(v) Prohibits alien smuggling, domestic transportation of unauthorized aliens, concealing or harboring unauthorized aliens, encouraging or inducing unauthorized aliens to enter the United States, and engaging in a conspiracy or aiding and abetting any of the preceding acts.
1324(a)(2) Prohibits bringing or attempting to bring unauthorized aliens to the United States in any manner whatsoever, even at a designated port of entry.
1324(a)(1)(A)(i) makes it an offense for any person who – knowing that a person is an alien, to bring to or attempts to bring to the United States in any manner whatsoever such person at a place other than a designated port of entry or place other than as designated by the Commissioner, regardless of whether such alien has received prior official authorization to come to, enter, or reside in the United States and regardless of any future official action which may be taken with respect to such alien. Subsection 8 -

• Smuggling: Crossing the border with or arranging a border crossing with an illegal alien
• Transporting: Facilitating an illegal border crossing
• Harboring: Concealing or harboring an illegal alien in a vehicle or building
• Encouraging: Inducing or causing an illegal border crossing
• Hiring: Hiring, recruiting, or referring an illegal alien for a job
• Conspiracy to Commit any of the previous violations
• Aiding and Abetting any of the previous violations

What is the Punishment for Federal Alien smuggling

• Bringing or attempting to bring an alien into the U.S. – Up to 10 years in prison
• Transporting or harboring an illegal immigrant for profit – Up to 10 years in prison
• Transporting or harboring an illegal immigrant (not for profit) – Up to 5 years in prison
• Alien smuggling that results in bodily injury or risk of death – Up to 20 years in prison
• Alien smuggling that results in the death of another person – life in prison

Defenses Against Smuggling Charges

This information is not intended as a substitute for consulting with and hiring a criminal defense attorney to represent you against these serious charges.  The strategies and defenses may vary from case to case.  One of the defense would involve analyzing at the admissibility of evidence in the case to see if there were any violations of the Fourth Amendment or under the Fifth Amendment.  Further, one of the most difficult elements for the government to prove is whether the Defendant was aware of the illegal status of passengers.  It is important to remember that the prosecutors must prove each and every element of the crime before they can secure a conviction.  If they cannot prove an element of the crime beyond a reasonable doubt, then a jury cannot convict.

These are serious charges and require a thorough defense by an experienced criminal defense lawyer.  Contact the Tucson Defenders today for a FREE CONSULTATION with a criminal defense attorney.  520-585-5757.