Jun 4, 2025

Alien Smuggling

Alien Smuggling Laws and Penalties

Alien smuggling is a serious federal offense in the United States. It involves knowingly bringing or attempting to bring non-citizens into the country in violation of immigration laws. The crime is prosecuted under 8 U.S.C. § 1324, which covers a range of activities related to transporting, harboring, or encouraging illegal entry.

Penalties for Alien Smuggling

How many years do you get for alien smuggling?

The penalties for alien smuggling can be severe. A basic conviction can result in up to 5 years in federal prison for each alien smuggled. If the offense involves serious bodily injury or places the life of the alien in jeopardy, the sentence can increase to up to 20 years. If the smuggling results in death, the penalty can be life imprisonment or even the death penalty in extreme cases.

Felony or Misdemeanor?

Is smuggling a felony or misdemeanor?

Alien smuggling is generally charged as a felony under federal law. Felony convictions carry more severe penalties, including longer prison sentences and larger fines, compared to misdemeanors.

Waiver of Alien Smuggling

What is the waiver of alien smuggling?

In certain circumstances, individuals who have been found inadmissible to the United States for alien smuggling may apply for a waiver. This waiver is available under section 212(d)(11) of the Immigration and Nationality Act (INA) and is typically granted to individuals who smuggled only close family members, such as a spouse, parent, son, or daughter, and who can demonstrate extreme hardship to a qualifying relative if the waiver is not granted.

Alien Smuggling