What US INA Bringing In and Harboring Aliens (8 USC 1324): Smuggling, Transporting and Harboring Offences requires
Section 274 of the Immigration and Nationality Act (INA), codified at 8 U.S.C. 1324, is the principal federal criminal statute against alien smuggling, transporting, harboring, and inducing unlawful presence, enforced by the Department of Homeland Security (Immigration and Customs Enforcement) and the Department of Justice. Section 1324(a)(1)(A) sets out the prohibited acts: clause (i) makes it an offence to bring or attempt to bring an alien to the United States at a place other than a designated port of entry, knowing or in reckless disregard of the fact that the alien has not received prior official authorization to come to, enter, or reside in the United States; clause (ii) prohibits transporting or moving, within the United States, an alien known to be present unlawfully, in furtherance of that unlawful presence; clause (iii) prohibits concealing, harboring, or shielding from detection such an alien in any place, including any building or means of transportation; clause (iv) prohibits encouraging or inducing an alien to come to, enter, or reside in the United States knowing or in reckless disregard that it is or will be in violation of law; and clause (v) reaches conspiracy and aiding and abetting any of the preceding acts. Section 1324(a)(1)(B) sets the criminal penalties: a standard violation is punishable by a fine and imprisonment for not more than 5 years; a violation done for the purpose of commercial advantage or private financial gain (or a conspiracy) carries imprisonment for not more than 10 years; a violation causing serious bodily injury or placing life in jeopardy carries imprisonment for not more than 20 years; and a violation resulting in death is punishable by death or imprisonment for any term of years or for life. Section 1324(a)(2) separately penalizes bringing aliens in without prior authorization regardless of any later official action, with imprisonment ranges escalating from not less than 3 nor more than 10 years up to not less than 5 nor more than 15 years. This section is the core enforcement instrument for employers, carriers, and any party whose conduct could facilitate unlawful entry or presence.
Pillar: Immigration & Border Control · Authority: US Congress / Department of Homeland Security and Department of Justice · Version: 1.0.0 · Last updated:
Primary source: https://www.govinfo.gov/content/pkg/USCODE-2022-title8/html/USCODE-2022-title8-chap12.htm
SHA-256 integrity: 7261eed9ff942cfd14ef26abf6ea69adbcd0cd0c8498e696f6a1d5cd5836b0bb
Primary Citations — 8 traced to source
- Immigration and Nationality Act 274, 8 U.S.C. 1324(a)(1)(A)(i) - bringing an alien to the United States at a place other than a designated port of entry, knowing or in reckless disregard of lack of authorization.
- Immigration and Nationality Act 274, 8 U.S.C. 1324(a)(1)(A)(ii) - transporting or moving an unlawfully present alien within the United States in furtherance of unlawful presence.
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