Alien Smuggling, Transporting & Harboring (8 U.S.C. § 1324)

Dennis Gonzalez Jr. is a former Miami-Dade prosecutor who has been defending people since 2012. He has defended people in tax fraud, bank fraud, wire fraud, drug-trafficking, and money-laundering cases. We defend the federal criminal charge; we do not appear in immigration court, and we coordinate with immigration counsel when needed. Our office answers 24 hours a day.

What the Government Must Prove

Bringing in (11th Cir. Pattern Instr. O96.1; see our Elements page): you brought or tried to bring the person into the United States; the person was an alien; you knew that; and the entry was not at a designated port of entry.

Transporting (O96.2; Elements page): the person entered or remained in the United States in violation of law; you knew it or recklessly disregarded it; and you transported the person within the country to further that unlawful presence. A fourth element applies when the government charges that you acted for commercial advantage or private financial gain.

Concealing or harboring (O96.3; Elements page): the person entered or remained illegally; you knowingly concealed, harbored, or shielded the person from detection within the United States; and you knew or recklessly disregarded the person's unlawful status. The same optional financial-gain element applies.

Conspiracy to encourage or induce entry (O96.4; Elements page): you and at least one other person agreed to try to accomplish a shared unlawful plan; you knew its purpose and willfully joined; and the plan's object was to encourage or induce a person to come to, enter, or reside in the United States, knowing or recklessly disregarding that it would be unlawful.

Penalties (for Each Person)

• Bringing in outside a port of entry, or conspiracy: up to 10 years.
• Transporting, harboring, or encouraging: up to 5 years, or up to 10 years if done for commercial advantage or private financial gain. Aiding or abetting: up to 5 years.
• Serious bodily injury or placing a life in jeopardy: up to 20 years.
• Death: any term of years, life, or death.
• Bringing someone in without prior authorization (§ 1324(a)(2)): up to 1 year. If done for financial gain or with reason to believe the person will commit a serious crime, a 3-year mandatory minimum (up to 10) for a first or second violation. If the person was not presented to an immigration officer at a port of entry, up to 10 years for a first or second violation. Any other violation: 5 to 15 years.
• Up to 10 more years for bringing people in if the offense was part of an ongoing commercial organization, people were moved in groups of 10 or more, and they were moved in a way that endangered their lives (or posed a life-threatening health risk).

Defense Themes

• Knowledge or reckless disregard. What did you actually know about the person's status?
• "To further" the unlawful presence. The government must prove the transport was meant to further the person's unlawful presence.
• Concealing or shielding. Harboring is about hiding or shielding someone from detection.
• Financial gain. That allegation doubles the maximum for transporting and harboring, and it must be proved.
• Counting. Each count is tied to a person. The number of people, and who they were, matter.
• Not human trafficking. Smuggling is a different crime from human trafficking. See Human Trafficking Defense if that charge is involved.

What to Do First

1. Do not talk to Border Patrol, HSI, or other agents without a lawyer.
2. Do not contact the people named in the case about their statements.
3. Non-citizen defendants: see Immigration Consequences. Call us before any plea.

Why Choose Dennis Gonzalez Law, P.A.

• Former Miami-Dade prosecutor.
• Defending people since 2012 in state and federal court.
• Super Lawyers recognition and an Avvo Rating of 10.0.
• Bilingual office — se habla español.
• We answer 24 hours a day. Call (305) 209-0384.

Frequently Asked Questions

I gave a relative a ride. Is that "transporting"?

The government must prove you knew or recklessly disregarded the person's unlawful status and transported the person to further that unlawful presence.

Is there a mandatory minimum?

For bringing someone in without authorization for financial gain, or with reason to believe the person will commit a serious crime, yes: 3 years for a first or second violation.

How fast can you help?

Our office answers 24 hours a day. Call (305) 209-0384.