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Tucson Human Smuggling Defense Attorney
If you might be facing a human smuggling charge, your top priority should be reaching out to a skilled Tucson human smuggling defense attorney. Since it is a federal and Arizona state crime, you may face consequences from both levels. At Ralls & Wille, P.C., our AZ immigrant smuggling lawyers believe that each client should receive dedicated attention to ensure that their case is thoroughly addressed and cared for.
What Is Human Smuggling?
Often, human smuggling and human trafficking are confused with each other, but they are two different crimes. Human trafficking is exploiting people for forced labor or sexual abuse. On the other hand, human smuggling is the illegal movement of individuals across international borders. People may engage in human smuggling for various reasons, and the motivations can differ for both the smugglers and those being smuggled.
Some common purposes of human smuggling are:
- Economic Opportunities: There are people who want to move to another country in search of better economic prospects, job opportunities, and a higher standard of living. Some human smugglers may exploit this by offering to help people cross borders illegally, using fake promises, financial exploitation, deception, threats, and coercion. It is possible that human smuggling could turn into human trafficking.
- Escape From Persecution: Some people may be fleeing conflict, persecution, or human rights abuses in their home countries. Human smugglers may provide a means for them to escape and seek safety in another country.
- Reuniting With Family: People may be motivated to migrate illegally to reunite with family members who have already settled in another country. Smugglers may promise to help individuals reach their loved ones.
- Lack of Legal Options: In some cases, individuals may resort to human smuggling because legal immigration avenues are unavailable or difficult.
Human Smuggling in Arizona
Under Arizona state law and federal law, it is illegal to transport or attempt to transport or conceal a known illegal immigrant to come to or live in the state of Arizona. The consequences of violating these laws in Tucson, AZ can be a misdemeanor or even a felony, depending on specific case circumstances.
The act of transporting an illegal immigrant is categorized as the most serious misdemeanor class, a Class 1 misdemeanor. If convicted, a person faces penalties that include fines reaching $1,000, probation for up to 4 years, and a potential jail sentence of up to 6 months. However, if this includes ten or more illegal immigrants, the offense is escalated to a Class 6 Felony. Without any aggravating circumstances, a sentence can include imprisonment for up to 1.5 years.
Federal Human Smuggling
In addition to state laws, there are federal laws against human smuggling, and most are outlined in the Immigration and Nationality Act (INA) and other related statutes. It is a federal offense to bring in, transport, or harbor individuals who are not authorized to enter or stay in the United States. It is also against the law to exploit smuggled individuals through forced labor, trafficking, or forcibly involving them in organized criminal enterprises.
Federal penalties for human smuggling can include fines, probation, and up to 10 years in federal prison. The severity of the penalty depends on:
- The amount of undocumented people being transported or harbored
- If there are unaccompanied minors
- If the undocumented people were transported in an unsafe manner
- If anyone was injured or died
- If the alleged smuggler benefited financially
These laws are enforced by the Arizona state and local police and United States federal agencies such as Immigration and Customs Enforcement (ICE), Customs and Border Protection (CBP), and the Department of Justice (DOJ).
Crimes Related to Human Smuggling
People can become easy to exploit when they are in desperate situations, such as wanting to escape their country in search of a new life. Illegally smuggling people into the United States has become a profitable business, as people who are smuggled across borders may have to engage in illegal activities for their smugglers as a way to pay them.
Crimes related to human smuggling include:
- Kidnapping for ransom or holding a migrant against their will until their dues are paid
- Forging immigration documents
- Money laundering
- Drug trafficking
- Weapons trafficking
- Fraudulent marriage to become a naturalized citizen
- Not paying taxes
- Trafficking people for financial or personal gain
- Transportation offenses like using unregistered vehicles
- Endangerment and negligence
It’s important to note that while human smuggling involves illegal border crossings, it does not always mean that the individuals involved will also experience exploitation. It is a crime to smuggle humans across borders, regardless of any additional crimes being committed by the alleged smugglers.
Common Defenses Against a Human Smuggling Case
The penalties that an individual may face for violating federal and state immigration law can be severe and can have an impact on the rest of your life. Due to this, it is essential to have an experienced Tucson human smuggling defense attorney who can defend you against these charges.
Some of the most commonly used defenses include:
- A lack of knowledge or intent, such as being able to prove that they were unaware of the illegal nature of the activities or did not have the intent to participate in human smuggling
- A lack of or insufficiency of evidence
- Unlawful search and seizure
- Coercion
- A violation of the defendant’s rights
- Challenging witness’ credibility
An AZ immigrant smuggling lawyer can also negotiate a plea bargain that can include a reduced charge, a recommendation for a lenient sentence, or dropping some charges altogether before even going to trial. Humanitarian considerations may be taken into account in certain cases, but this cannot be used to absolve a person of the consequences, even if motivated by humanitarian reasons.
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