Federal Immigration Charges

Federal Immigration Charges

ICE arrested you or federal prosecutors charged you with immigration violations: illegal reentry after deportation under 8 U.S.C. § 1326, harboring or transporting undocumented immigrants under § 1324, document fraud under § 1546, or marriage fraud. Federal immigration crimes carry penalties from six months for simple illegal entry to twenty years for alien smuggling resulting in death. Illegal reentry after deportation carries two years maximum base sentence, up to ten years if prior deportation followed aggravated felony conviction, up to twenty years if prior deportation followed multiple felony convictions or serious drug offense. Alien smuggling carries five years, ten years if for commercial advantage, twenty years if smuggling creates serious bodily injury risk, life if smuggling causes death.

Thanks for visiting Spodek Law Group – a second-generation law firm managed by Todd Spodek, who has defended immigration crime cases for many, many years. We’ve represented individuals charged with illegal reentry, families accused of harboring relatives, employers charged with hiring undocumented workers. Immigration prosecutions target both undocumented immigrants and those who facilitate illegal immigration. Understanding what conduct triggers federal criminal charges versus civil immigration consequences determines your exposure and defense strategy.

Common Federal Immigration Crimes

Illegal reentry after removal under 8 U.S.C. § 1326 criminalizes returning to U.S. after deportation without authorization. Two-year maximum base sentence increases based on nature of prior conviction that led to original deportation. Prior felony drug offense – ten years maximum. Prior aggravated felony – ten years. Prior conviction for violent crime – ten years. Multiple prior felonies – twenty years maximum. Every reentry is new violation – if deported three times and reentered three times, that’s three separate illegal reentry charges.

Harboring or transporting undocumented immigrants under § 1324 criminalizes concealing, harboring, or shielding undocumented individuals from detection, or transporting them within the U.S. Five-year maximum, ten years if for commercial advantage or profit. Family members helping relatives who are undocumented can be charged, though prosecutions usually target commercial smuggling operations. Encouraging illegal immigration through false promises or inducements also violates § 1324.

Immigration document fraud under 18 U.S.C. § 1546 criminalizes false statements on visa applications, fake green cards, fraudulent citizenship applications, using someone else’s immigration documents. Five years maximum, ten years if fraud involved trafficking or terrorism. Marrying for immigration benefits – sham marriage fraud – violates both immigration law and marriage fraud statutes. Employment of undocumented workers by employers knowing they lack work authorization carries civil penalties and potential criminal charges for pattern of violations.

Defenses and Collateral Immigration Consequences

Defenses to illegal reentry include challenging whether prior deportation was lawful – if original removal order was fundamentally unfair or violated due process, conviction for illegal reentry fails. Necessity or duress defenses apply if reentry was to escape immediate danger. Lack of knowledge of immigration status for harboring charges – you didn’t know person was undocumented. Constitutional challenges to stop and arrest – Fourth Amendment violations in immigration enforcement. These defenses rarely succeed but provide bases for suppressing evidence or dismissing charges in limited circumstances.

Criminal immigration convictions trigger mandatory detention and deportation. Any conviction – even misdemeanor – makes you deportable and bars most immigration relief. Aggravated felony convictions permanently bar reentry, eliminate asylum eligibility, and trigger mandatory detention without bond. Collateral consequences include difficulty sponsoring family members for immigration benefits, loss of immigration status even if lawful permanent resident, bars on naturalization if conviction occurs before citizenship obtained.

Todd Spodek has defended immigration crime cases throughout his career. Call 212-300-5196.