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8 U.S.C. 1324 - Bringing in and harboring certain aliens[offenses related to transporting, concealing, employing illegal aliens]
govinfo.gov ^ | 1/19/2024

Posted on 01/19/2025 4:47:06 PM PST by ransomnote

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 JM 9-73.100]



TOPICS: Miscellaneous
KEYWORDS:

I've been thinking about the political panic of Trump's return to office and some have pointed to the crimes our politicians committed bringing illegal aliens into the country.

I first located US legal code 1324 re illegal aliens on the Justice.gov site with a message stating the code is archived and may be obsolete. I found the up-to-date text on govinfo.gov and see that the most recent version includes the date 2018 in the title, but which includes a 2020 amendment, and a 2023 publishing date.

United States Code, 2018 Edition, Supplement 5, Title 8 - ALIENS AND NATIONALITY

Here's the PDF excerpt about harboring, transporting, employing illegal aliens: https://www.govinfo.gov/content/pkg/USCODE-2023-title8/pdf/USCODE-2023-title8-chap12-subchapII-partVIII-sec1324.pdf

Per this code, proof much of what the Biden administration and his supporting cronies have done re illegal aliens is itself illegal includes additional penalties like the following:

(4) In the case of a person who has brought aliens into the United States in violation of this subsection, the sentence otherwise provided for may be increased by up to 10 years if—

(A) the offense was part of an ongoing commercial organization or enterprise;

(B) aliens were transported in groups of 10 or more; and

(C)(i) aliens were transported in a manner that endangered their lives; or

(ii) the aliens presented a life-threatening health risk to people in the United States.

 


1 posted on 01/19/2025 4:47:06 PM PST by ransomnote
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To: ransomnote

It looks like every elected Democrat in America is guilty of this.


2 posted on 01/19/2025 4:51:19 PM PST by Repealthe17thAmendment
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To: ransomnote

3 posted on 01/19/2025 4:51:22 PM PST by Diogenesis (Si vis pacem, para bellum)
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To: ransomnote

Note well.

Penalties include DEATH for harboring an illegal alien that causes the death of any person.

Most of the demonrats and RINOs should be serving life in prison or awaiting execution.


4 posted on 01/19/2025 4:55:12 PM PST by Westbrook (.ts are wizards at two things: Finding votes and losing evidence.)
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To: null and void; aragorn; EnigmaticAnomaly; kalee; Kale; AZ .44 MAG; Baynative; bgill; bitt; ...

p


5 posted on 01/19/2025 5:39:07 PM PST by bitt (<img src=' 'width=30%>)
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To: ransomnote

So will AG Bondi follow and enforce the law on this issue? If she does, Mayorkas and Joe Biden will be the first to be arrested.


6 posted on 01/19/2025 6:37:11 PM PST by drypowder
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To: Repealthe17thAmendment

Yup.


7 posted on 01/19/2025 7:40:12 PM PST by jmacusa (Liberals. Too stupid to be idiots.)
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To: ransomnote

Bookmark


8 posted on 01/19/2025 8:40:25 PM PST by Chgogal (Voting Democrat is suicidal. )
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To: drypowder

Correct as biden has flown in thousands of illegals on the taxpayers dime. Talk of TREASON in the first degree


9 posted on 01/20/2025 10:58:45 AM PST by oldasrocks
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To: drypowder

So will AG Bondi follow and enforce the law on this issue?
>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>
Literally speaking I’m pretty certain she has no balls. Speaking figuratively however, I think she does and will be going after those people in the very near future. Hopefully President Trump will let her off the leash!


10 posted on 01/26/2025 5:17:37 PM PST by fortes fortuna juvat (President Trump is America's long-awaited SUPREME Commander in Chief. Deus Vult!)
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