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Title 8, U.S.C. § 1324(a) Offenses
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Title 8, U.S.C. § 1324(a) defines several distinct offenses
related to aliens. Subsection 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. Subsection 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. Subsection 1324(a)(3).
Alien Smuggling -- Subsection 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.
Domestic Transporting -- Subsection 1324(a)(1)(A)(ii) makes it an
offense for any person who -- knowing or in reckless disregard of the fact
that an alien has come to, entered, or remains in the United States in
violation of law, transports, or moves or attempts to transport or move such
alien within the United States by means of transportation or otherwise, in
furtherance of such violation of law.
Harboring -- Subsection 1324(a)(1)(A)(iii) makes it an offense for
any person who -- knowing or in reckless disregard of the fact that an alien
has come to, entered, or remains in the United States in violation of law,
conceals harbors, or shields from detection, or attempts to conceal, harbor,
or shield from detection, such alien in any place, including any building or
any means of transportation.
Encouraging/Inducing -- Subsection 1324(a)(1)(A)(iv) makes it an
offense for any person who -- encourages or induces an alien to come to,
enter, or reside in the United States, knowing or in reckless disregard of
the fact that such coming to, entry, or residence is or will be in violation
of law.
Conspiracy/Aiding or Abetting -- Subsection 1324(a)(1)(A)(v)
expressly makes it an offense to engage in a conspiracy to commit or aid or
abet the commission of the foregoing offenses.
Bringing Aliens to the United States -- Subsection 1324(a)(2) makes
it an offense for any person who -- knowing or in reckless disregard of the
fact that an alien has not received prior authorization to come to, enter,
or reside in the United States, to bring to or attempts to bring to the
United States in any manner whatsoever, such alien, regardless of any
official action which may later be taken with respect to such alien.
The Illegal Immigration Reform and Immigrant Responsibility Act
(IIRIRA), enacted on September 30, 1996, added a new 8 U.S.C. §
1324(a)(3)(A) which makes it an offense for any person, during any 12-month
period, to knowingly hire at least 10 individuals with actual knowledge that
these individuals are unauthorized aliens. See this Manual at 1908 (unlawful employment of
aliens).
Unit of Prosecution -- With regard to offenses defined in
subsections 1324(a)(1)(A)(i)-(v), (alien smuggling, domestic transporting,
harboring, encouraging/inducing, or conspiracy/aiding or abetting) each
alien with respect to whom a violation occurs constitutes a unit of
prosecution. Prior to enactment of the IIRIRA, the unit of prosecution for
violations of 8 U.S.C. § 1324(a)(2) was each transaction, regardless
of
the number of aliens involved. However, the unit of prosecution is now
based on each alien in respect to whom a violation occurs.
Knowledge -- Prosecutions for alien smuggling, 8 U.S.C. §
1324(a)(1)(A)(i) require proof that defendant knew that the person brought
to the United States was an alien. With regard to the other violations in 8
U.S.C. § 1324(a), proof of knowledge or reckless disregard of alienage
is sufficient.
Penalties -- The basic statutory maximum penalty for violating 8
U.S.C. § 1324(a)(1)(i) and (v)(I) (alien smuggling and conspiracy) is
a
fine under title 18, imprisonment for not more than 10 years, or both. With
regard to violations of 8 U.S.C. § 1324(a)(1)(ii)-(iv) and (v)(ii),
domestic transportation, harboring, encouraging/inducing, or
aiding/abetting, the basic statutory maximum term of imprisonment is 5
years, unless the offense was committed for commercial advantage or private
financial gain, in which case the maximum term of imprisonment is 10 years.
In addition, significant enhanced penalties are provided for in violations
of 8 U.S.C. § 1324(a)(1) involving serious bodily injury or placing
life
in jeopardy. Moreover, if the violation results in the death of any person,
the defendant may be punished by death or by imprisonment for any term of
years. The basic penalty for a violation of subsection 1324(a)(2) is a fine
under title 18, imprisonment for not more than one year, or both, 8 U.S.C.
§ 1324(a)(2)(A). Enhanced penalties are provided for violations
involving bringing in criminal aliens, 8 U.S.C. § 1324(a)(2)(B)(i),
offenses done for commercial advantage or private financial gain, 8 U.S.C.
§ 1324(a)(2)(B)(ii), and violations where the alien is not presented
to
an immigration officer immediately upon arrival, 8 U.S.C. §
1324(a)(2)(B)(iii). A mandatory minimum three year term of imprisonment
applies to first or second violations of § 1324(a)(2)(B)(i) or (B)(ii).
Further enhanced punishment is provided for third or subsequent offenses.
COMMENT: Further discussion of offenses defined in 8 U.S.C. §
1324(a) is set forth in Chapter 3 of Immigration Law, published as
part of the Office of Legal Education's Litigation Series, and as part of
the USABook computer library.
[cited in USAM 9-73.100] | |