When the FBI Comes Calling…®

HUMAN TRAFFICKING AND SMUGGLING (continued)

Human Smuggling (continued)

The Punishment
Any person who violates section 1324(a)(1)(A) will, "for each alien in respect to whom such a violation occurs, be punished as follows:

  • in the case of a violation of subparagraph (A)(i) or (v)(I) or in the case of a violation of subparagraph (A)(ii), (iii), or (iv) in which the offense was done for the purpose of commercial advantage or private financial gain,
    • be fined under title 18, United States Code, imprisoned not more than 10 years, or both; 8 U.S.C. § 1324(a)(1)(B)(i)
  • in the case of a violation of subparagraph (A) (ii), (iii), (iv), or (v)(II),
    • be fined under title 18, United States Code, imprisoned not more than 5 years, or both; Id. § 1324(a)(1)(B)(ii)
  • in the case of a violation of subparagraph (A) (i), (ii), (iii), (iv), or (v) during and in relation to which the person causes serious bodily injury (as defined in section 1365 of title 18, United States Code) to, or places in jeopardy the life of, any person,
    • be fined under title 18, United States Code, imprisoned not more than 20 years, or both; Id. § 1324(a)(1)(B)(iii); and
  • in the case of a violation of subparagraph (A) (i), (ii), (iii), (iv), or (v) resulting in the death of any person,
    • be punished by death or imprisoned for any term of years or for life, fined under title 18, United States Code, or both. Id. § 1324(a)(1)(B)(iv).
Any person who violates section 1324(a)(2) will, "for each alien in respect to whom a violation of this paragraph occurs:
  • be fined, imprisoned not more than one year, or both; Id. § 1234(a)(2)(A); or
  • in the case of
    • an offense committed with the intent or with reason to believe that the alien unlawfully brought into the United States will commit an offense against the United States or any State punishable by imprisonment for more than 1 year, Id. § 1324(a)(2)(B)(i)
    • an offense done for the purpose of commercial advantage or private financial gain, Id. § 1324(a)(2)(B)(ii), or
    • an offense in which the alien is not upon arrival immediately brought and presented to an appropriate immigration officer at a designated port of entry, Id. § 1324(a)(2)(B)(iii)
  • be fined, and shall be imprisoned
    • in the case of a first or second violation of subparagraph (B)(iii),
      • not more than 10 years
    • in the case of a first or second violation of subparagraph (B)(i) or (B)(ii),
      • not less than 3 nor more than 10 years, and
    • for any other violation,
      • not less than 5 nor more than 15 years. Id. § 1324(a)(2)(B).

Human Smuggling Continued-->