Immigration crimes in the United States encompass a variety of offenses related to illegal entry, unlawful presence, and fraud. Defense attorneys dealing with immigration crimes often navigate complex federal statutes, which can intersect with both criminal and immigration laws as well as state law. This overview, understood well by federal criminal defense attorney Nate Crowley, covers three main types of immigration crimes: illegal re-entry, human smuggling, and visa fraud, from a legal defense perspective.
Illegal re-entry refers to the offense of a non-citizen re-entering or attempting to re-enter the United States after having been previously deported or removed. Under federal law, specifically 8 U.S.C. § 1326, this is a criminal offense punishable by fines and potential imprisonment. The penalty increases if the individual has a criminal record or has been deported following an aggravated felony conviction.
Defense strategies may include challenging the validity of the previous deportation order, questioning the legality of prior removal proceedings, or raising procedural issues. For instance, if a defendant was not properly informed of their right to legal representation or if procedural errors occurred in the prior deportation, the defense may argue that the re-entry charge lacks a lawful foundation.
Human smuggling, defined under 8 U.S.C. § 1324, involves knowingly bringing or attempting to bring individuals into the U.S. in violation of immigration laws. Human smuggling charges can be severe, especially if they involve endangering the lives of smuggled individuals or if it is part of an organized operation.
Legal defenses for human smuggling often focus on intent, arguing that the defendant did not knowingly engage in smuggling. In some cases, a defendant may argue they were coerced into participating in smuggling activities under duress or threats, providing a potential defense against the crime. Defense attorneys may also examine the conduct of law enforcement, questioning whether there was entrapment or misconduct, which could be used to challenge the validity of the charges.
Visa fraud encompasses a range of deceptive actions aimed at obtaining or using a visa or entry documentation unlawfully. Common forms of visa fraud include presenting false documents, lying about an applicant’s background, or overstaying visa limits. Under 18 U.S.C. § 1546, visa fraud is a federal offense with potentially severe penalties, especially if the fraudulent activity facilitated other crimes or involved significant deception.
Defense strategies for visa fraud may involve demonstrating that the defendant lacked intent to deceive or was unaware of inaccuracies in the documentation. In some cases, the defense might argue that the individual relied on inaccurate information provided by third parties, such as consultants, without knowing the information was false.
Immigration crimes in California primarily involve violations of federal immigration laws. Common offenses include illegal entry or re-entry after deportation under 8 U.S.C. § 1325 and § 1326, smuggling or harboring undocumented immigrants, and document fraud (e.g., using false identification). Although immigration law is under federal jurisdiction, California’s sanctuary laws (like the California Values Act or SB 54) limit local law enforcement’s cooperation with federal immigration authorities in most cases. However, criminal convictions, especially felonies or crimes involving moral turpitude, can lead to deportation or exclusion from the U.S. Immigration crimes are often prosecuted in federal courts, not state courts.
Immigration crimes represent a complex intersection of criminal and immigration law. Defending these cases requires a nuanced understanding of immigration procedures, statutory requirements, and constitutional protections. This complicated legal landscape that is familiar to California criminal defense lawyer Nate Crowley. He understands how immigration crimes are addressed at both the state and federal levels and works for the best possible outcome.
Fill out our contact form on the Home Page https://www.natecrowleylaw.com/
Phone (619) 202-8188 OR email admin@crowleycrowleylaw.com