If you or a loved one are facing charges for transporting undocumented immigrants, it’s natural to feel overwhelmed when confronted with potential legal consequences. Confronting the extreme penalties for alien smuggling can be especially difficult when your intentions were rooted in compassion, or you were motivated by a sense of duty to help others in difficult situations.
Beyond the immediate legal penalties, the consequences of human smuggling charges in Texas can be far-reaching and long-lasting. Some of these impacts include:
- Jail time and hefty fines
- Potential loss of employment opportunities
- Natural repercussions of having a felony record
- Immigration consequences
- Vehicle forfeiture
The best way to navigate this challenging situation and potentially mitigate these impacts is to hire an experienced federal criminal defense lawyer like Javier Guzman, founding attorney of Guzman Law Firm. He can provide crucial guidance, develop a strong defense strategy, and work to secure the best possible outcome for your case.
Call 956-516-7198 or contact us online to schedule your consultation today.
What is the charge of transporting illegal immigrants in Texas?
In Texas, the act of transporting undocumented immigrants is typically charged under state law as “Smuggling of Persons,” which is outlined in Texas Penal Code § 20.05. This charge can also be pursued under federal law, which often carries even more severe penalties.
A person commits an alien smuggling offense if they knowingly:
- Use a motor vehicle, aircraft, or watercraft to transport an individual with the intent to conceal the individual from law enforcement or flee from law enforcement.
- Encourage or induce a person to enter or remain in the country in violation of federal law by concealing, harboring, or shielding that person from detection.
Keep in mind that the prosecution doesn’t need to prove that you received monetary compensation for transporting the individuals. Even if you were acting out of compassion or trying to help a friend or family member, you can still be charged with this offense.
Continue reading: What is human smuggling in Texas?
What is the penalty for transporting illegal immigrants?
The penalties for human smuggling charges in Texas can be severe and vary depending on the circumstances of your case, such as whether the person transported was under 18, whether you’re charged under state or federal law, and whether or not you were paid for transporting them.
The penalties for alien smuggling in Texas are as follows:
| Charge | Maximum fine | Maximum jail sentence |
| Smuggling not for profit (Third-degree felony) | $250,000 | Up to 5 years |
| Smuggling for profit (Second-degree felony) | $250,000 | Up to 10 years |
| Smuggling involving serious bodily injury (Second-degree felony) | $250,000 | Up to 20 years |
| Smuggling involving death (First-degree felony) | $250,000 | Life in prison |
Beyond these direct legal penalties, a conviction can lead to:
1. Potential loss of employment opportunities
A conviction for transporting undocumented immigrants can have a devastating impact on your career prospects. This is similar to the consequences faced when employing undocumented immigrants, as both situations involve legal violations related to immigration.
Many employers conduct background checks and are hesitant to hire individuals with criminal records, especially for felony offenses. As a result, you may find yourself disqualified from numerous job opportunities, particularly in fields that require a high level of trust or security clearance.
Even if you’re currently employed, your conviction could lead to termination, as many companies have policies against retaining employees with certain criminal convictions, leading to long-term financial instability.
2. Additional penalties for felons
Beyond employment issues, a felony record has far-reaching consequences that can affect nearly every aspect of your life. These may include:
- Housing difficulties: Many landlords conduct background checks and may refuse to rent to individuals with felony convictions, limiting your housing options. This is particularly relevant when considering the penalty for housing illegal immigrants, as property owners become wary of any connection to immigration-related offenses.
- Loan and credit challenges: Financial institutions often view felony convictions unfavorably, making it harder to secure loans for homes, cars, or businesses, and potentially affecting your credit score.
- Loss of civil rights: Felony convictions result in the loss of voting rights, the right to serve on a jury, and the right to own firearms.
- Educational limitations: Some colleges and universities may deny admission to applicants with felony convictions, and you may be ineligible for certain financial aid programs.
- Travel restrictions: A felony conviction can make international travel difficult or impossible, as many countries deny entry to individuals with criminal records.
- Professional license revocations: If you work in a licensed profession (e.g., law, medicine, teaching), a felony conviction could result in the loss of your professional license. (Learn more about human smuggling charges for truck drivers)
These repercussions can significantly impact your quality of life, even for first-time alien smuggling cases, limiting your opportunities and potentially altering your life trajectory for years to come.
3. Immigration consequences
For non-citizens, the consequences of a conviction for transporting undocumented immigrants can be particularly severe:
- Deportation: This offense is considered an “aggravated felony” under immigration law, which almost always leads to deportation proceedings, even for legal permanent residents.
- Inadmissibility: If deported, you may be barred from re-entering the United States, potentially separating you from your family and established life in the U.S.
- Loss of immigration benefits: A conviction can make you ineligible for various immigration benefits, including naturalization, asylum, or adjustments to your immigration status.
- Mandatory detention: During immigration proceedings, you may be subject to mandatory detention without the possibility of bond.
These immigration consequences can be life-altering, potentially uprooting you from the life you’ve built in the United States and separating you from loved ones. It’s also important to recognize the difference between smuggling and trafficking, as trafficking charges often carry even more severe penalties and immigration consequences.
4. Vehicle forfeiture
In cases involving human smuggling charges in Texas, law enforcement often seizes the vehicle used in the alleged offense. This process, known as asset forfeiture, can have significant financial and practical implications, potentially affecting your mobility, employment, and overall quality of life.
More specifically, losing your vehicle can make it challenging to commute to work, take children to school, or perform everyday tasks, especially in areas with limited public transportation. The situation is further complicated by the difficulty in replacing the vehicle. With a criminal record and the potential financial strain from legal fees and fines, obtaining financing for a new vehicle may prove challenging.
Moreover, if the forfeited vehicle was used for work or business purposes, its loss could severely impact your ability to earn a living, adding another layer of hardship to an already challenging situation.
Accused of human smuggling? Call Guzman Law Firm.
Given the complexity and severity of the consequences of transporting undocumented immigrants in Texas, it’s imperative to hire an experienced federal criminal defense lawyer immediately. The potential repercussions extend far beyond just legal penalties, affecting nearly every aspect of your life — from your career prospects and financial stability to your immigration status and personal freedoms.
At Guzman Law Firm, we understand the nuances of both state and federal laws regarding human smuggling. Our team, led by experienced federal criminal defense lawyer Javier Guzman, is committed to protecting your rights, exploring all possible defenses, and working tirelessly to secure the best possible outcome for your case.
Remember, early intervention can make a significant difference in the outcome of your case. Call 956-516-7198 or contact us online to schedule your initial consultation.
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