Human smuggling charges are terrifying for their steep potential punishments, but also for their extreme complexity. Human smuggling crimes often exist at the intersection of both federal and Texas law, and finding an attorney who can prepare a solid defense, while absolutely paramount, is not always easy. But if you have any chance of avoiding significant jail time and protecting your freedom, it will be with a federal human smuggling attorney by your side.
In this article, Javier Guzman, a skilled Laredo federal criminal defense lawyer, will take you through several human smuggling examples which will illustrate possible defenses to a human smuggling charge, to illustrate how a skilled attorney can help you navigate your case with greater confidence and knowledge.
Continue reading to learn about a few different human smuggling charge scenarios, or, if you or a loved one is facing human smuggling charges in Texas, call Guzman Law Firm at (956) 516-7198 to defend your freedom today.
What does human smuggling involve?
Smuggling of persons in Texas involves the illegal transportation of individuals across international borders, often with their consent, but in violation of immigration laws. The primary goal is to help individuals enter a country where they do not have legal permission to do so, typically for a fee. Unlike human trafficking, which involves exploitation and coercion, human smuggling is generally consensual and focused on illegal entry or transit.
In Texas, human smuggling is addressed under the Texas Penal Code § 20.05. According to this statute, a person commits an offense if they knowingly:
- Use a motor vehicle, aircraft, watercraft, or other means of conveyance to transport an individual with the intent to:
- Conceal the individual from a peace officer or special investigator, or
- Flee from a person the actor knows is a peace officer or special investigator attempting to lawfully arrest or detain the actor.
- Encourage or induce a person to enter or remain in this country in violation of federal law by concealing, harboring, or shielding that person from detection.
If it can be said that you transported, concealed, fled — or induced a person to commit any of these behaviors — another individual in violation of federal immigration law, you need an attorney to protect your interests now.
Learn more: What is human smuggling in Texas?
What is the penalty for human smuggling in Texas?
In Texas, people smuggling is a serious offense with significant legal consequences. The penalty for human smuggling depends on the specifics of the case, including the number of individuals involved, the defendant’s intent, and whether the smuggling involved the use of a vehicle, concealed individuals, or fraudulent documentation.
Generally, if you are caught smuggling immigrants, you will face severe felony charges, which often include substantial fines and lengthy prison sentences. Human smuggling charges at the state level often fall into one of the following categories:
| Charge | Maximum Fine | Jail Time |
| State jail felony | $10,000 | 180 days – 2 years |
| Third-degree felony | $10,000 | 2 – 10 years |
| Second-degree felony | $10,000 | 2 – 20 years |
| First-degree felony | $10,000 | 5 – 99 years |
Note: Penalties may increase if the smuggling involves aggravating factors such as serious injury to individuals or repeat offenses. Always consult a legal expert for tailored advice on what happens if you get caught smuggling immigrants.
4 examples of human smuggling charges
Example 1: Transporting individuals across the border for a fee
Scenario: A person charges a fee to transport undocumented immigrants across the U.S.–Mexico border. The smuggler uses a vehicle to move individuals through remote areas, attempting to avoid detection by border patrol agents. This act of transporting individuals in exchange for money, while circumventing legal immigration processes, constitutes human smuggling.
Defense: The defendant could argue that they were unaware the passengers were undocumented immigrants. Demonstrating a lack of intent to smuggle can be a critical defense, especially if the defendant can show they had no knowledge of the individuals’ immigration status.
Example 2: Harboring and concealing undocumented immigrants
Scenario: A person provides shelter to undocumented immigrants in a hidden location, such as a basement or a secluded property, with the intent to help them avoid detection by immigration authorities. The smuggler might also provide false documentation and assistance in moving to other locations within the country, all in exchange for payment.
Defense: The defense might assert that the accused was providing humanitarian aid without intent to violate the law. If the defendant can prove their actions were driven by compassion and lacked any financial incentive, this could potentially mitigate the charges.
Example 3: Using fraudulent documents to facilitate illegal entry
Scenario: A person supplies false identification papers, visas, or other travel documents to undocumented immigrants to help them gain entry into the United States. The smuggler might also guide individuals through airport security and customs, ensuring their illegal entry into the country without being detected by law enforcement.
Defense: A possible defense could be that the defendant was not aware the documents were fraudulent. If the defendant can demonstrate they were deceived into believing the documents were legitimate, this might weaken the prosecution’s case.
Example 4: Human smuggling charges for truck drivers
Scenario: A truck driver transports undocumented immigrants hidden in the cargo area of their vehicle across the border. This can often happen when truck drivers are unaware of the smuggling activities orchestrated by other parties.
Defense: When fighting human smuggling charges for truck drivers, a human smuggling attorney may claim their client was unaware of the hidden passengers. Proving a lack of knowledge or intent is key, as it demonstrates that the driver did not willingly participate in the smuggling operation. Evidence such as regular inspections, secure cargo protocols, and lack of financial incentive can support this defense.
If applicable, an alien smuggling waiver might be sought to reduce the severity of the charges, especially if the driver can show that their involvement was unintentional and without any financial gain.
Caught people smuggling in Texas? Call Guzman Law Firm today.
If you’re facing human smuggling charges in Texas, reading about these human smuggling examples is only the first step in a long road ahead — a road that can be made even longer without the right human smuggling lawyer at your side.
Javier Guzman, with his extensive experience in federal criminal defense, can provide the knowledgeable and strategic guidance you need to fight the charges against you. Javier is dedicated to protecting your rights and tirelessly working towards the best possible outcome for your case.
Schedule a free consultation with us today or call us at (956) 516-7198 to start building your defense today!
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