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1 1 (January 31, 2023)

handle is hein.crs/govekkg0001 and id is 1 raw text is: Congressional Research Service Informning Ih legisIlive cI bat £since 1914 Immigration-Related Criminal Offenses The Immigration and Nationality Act (INA) governs the admission, removal, and presence of individuals who are not citizens or nationals of the United States (i.e., aliens as defined in the INA). Congress has established criminal sanctions for certain conduct that undermines immigration rules. Immigration-related cases make up a significant portion of the federal criminal caseload, accounting for 29.6% of all cases in Fiscal Year 2021. See U.S. SENTENCING COMMISSION, FISCAL YEAR 2021 OVERVIEW OF FEDERAL CRIMINAL CASES 18 (2022). Immigration- related crimes generally cover three categories of conduct: (1) improper entry and reentry; (2) smuggling, transporting, and harboring aliens; and (3) immigration-related fraud. Improper Entry and .llegal Reentry Unlawfully entering the United States may result in criminal sanction with enhanced penalties for illegal reentry. Improper Entry: 8 U.S.C. § 1325(a) makes it a criminal offense to enter or attempt to enter the United States without authorization. A violation may result in a fine and imprisonment for up to six months for a first offense and up to two years' imprisonment for a subsequent violation. An alien may commit improper entry in three ways: 1. entering or attempting to enter the United States at any time or place other than as designated by immigration officers; 2. eluding examination or inspection by immigration officers; or 3. attempting to enter or obtaining entry by a willfully false or misleading representation or the willful concealment of a material fact. Illegal Reentry: 8 U.S.C. § 1326 makes it a felony for an alien previously denied admission or removed from the United States (or who departed the country while an order of removal was outstanding) to enter, attempt to enter, or be found in the United States without prior authorization. Absent certain factors, a conviction carries a punishment of a fine and imprisonment for up to two years. Aliens may face enhanced penalties if they were previously removed or excluded on certain grounds or had committed specified crimes. See 8 U.S.C. § 1326(b). In some cases, the maximum penalty may be up to 20 years' imprisonment. Some reviewing courts have held that the alien must have entered free from official restraint, though the statutory language does not expressly use that term. See United States v. Gaspar-Miguel, 947 F.3d 632, 633-34 (10th Cir. 2020) (detailing history of the concept of freedom from official restraint); United States v. Pacheco-Medina, 212 F.3d 1162, 1166 (9th Cir. 2000) (reversing conviction for Updated January 31, 2023 illegal reentry when the defendant was immediately apprehended when stepping on U.S. soil and was thus never free from official restraint); see also United States v. Lombera-Valdovinos, 429 F.3d 927 (9th Cir. 2005) (overturning conviction for attempted illegal reentry because the alien crossed with the specific intent to be imprisoned). Some circuits have neither explicitly endorsed nor rejected the doctrine. See, e.g., United States v. Rojas, 770 F.3d 366, 368 (5th Cir. 2014) (deciding case without reaching the question of whether the circuit should recognize the official restraint doctrine). Brin ging in, H arborin Encouraging Aliens ran sporting, or Several provisions in the INA criminalize activities that involve smuggling aliens into the United States, transporting aliens within the United States, or otherwise assisting unlawfully present aliens to remain in the country. Located in 8 U.S.C. § 1324, these offenses typically constitute felonies and may sometimes carry lengthy prison terms, including enhanced penalties when the offense is performed for commercial advantage or private financial gain. In a few instances, such as alien smuggling offenses resulting in serious harm to or the death of a person, the maximum available penalty may be life imprisonment or death. Additionally, any vehicle, vessel, or aircraft that was used in the commission of the crime or otherwise traceable to gross proceeds from a violation of 8 U.S.C. § 1324 may be seized and subject to forfeiture. Humanitarian concerns are not a defense to a charge of transporting or harboring aliens. United States v. Aguilar, 883 F.2d 662 (9th Cir. 1989); see also Dimova v. Holder, 783 F.3d 30 (1st Cir. 2015) (reasoning that the statute's plain language includes no exception for humanitarian assistance). Smuggling: 8 U.S.C. § 1324(a)(1)(A)(i) makes it a crime for any individual to bring or attempt to bring a person to the United States between ports of entry knowing that person is an alien. The individual may be convicted even if the smuggled alien had received prior authorization to enter, come to, or reside in the United States and regardless of any future official action that might be taken with respect to the alien. The defendant must have made an affirmative and knowing act of help or assistance. An individual's mere presence during the commission of the crime is insufficient. See Altamirano v. Gonzalez, 427 F.3d 586 (9th Cir. 2005). Transporting: To be guilty of the crime of transporting under 8 U.S.C. § 1324(a)(1)(A)(ii), a person must- 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-have knowingly transported the alien for the purpose of helping him or her further such violation of law. A defendant acts with reckless disregard if he or she is aware of but consciously disregards facts and