holdover
.475 A&M Magnum
Title 8 Section 1325 sets forth criminal offenses relating to (1) improper entry into the United States by an alien, (2) entry into marriage for the purpose of evading immigration laws, and (3) establishing a commercial enterprise for the purpose of evading immigration laws. The Illegal Immigration Reform and Immigrant Responsibility Act (IIRIRA) amended 8 U.S.C. § 1325 to provide that an alien apprehended while entering or attempting to enter the United States at a time or place other than as designated by immigration officers shall be subject to a civil penalty.
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.
I.N.A. Section 274(a)(1)(a) says that anyone who helps bring or attempt to bring a noncitizen into the U.S. at some non-designated place without inspection by a U.S. official at a border, port, or other point of entry, is committing a crime. Escorting someone across deserts and river from Mexico is the classic violation of this section. The mode of transport doesn't matter; the law criminalizes smuggling action that takes place "in any manner whatsoever."
Penalties under Section 274(a)(1)(a) can include a fine under under Title 18 of the U.S. Code, a prison term of up to ten years, or both. The punishment gets multiplied by the number of people smuggled. If someone gets injured as a result of the crime, the penalty can be increased to a 20-year prison term; and if someone dies as a result, the prison term can be extended to life.
Section 274(a)(2) makes it a crime to, knowingly or in reckless disregard of the fact that the person lacks prior official authorization to enter or live in the U.S., bring or attempt to bring that person into the country. (A failed crime is still a crime under this section.) In this case, it doesn't even matter whether the person brings the noncitizen to an official entry point or not. Attempting to smuggle someone through a checkpoint in the trunk of one's car would likely be prosecuted under this section. Penalties can include a fine under Title 18 of the U.S. Code, a prison term of up to one year, or both. Again, the penalties can be multiplied by the number of violations.
The government is breaking the law and lying to the public.