It is a violation of the immigration laws to “bring” an illegal alien into the United States. Can a defendant who does not essentially or technically cross the border with an illegal alien be found guilty under these laws? What must the prosecution prove?
Review the posts of your fellow learners and respond to at least two. In your response posts, you must do one or more of the following:
- Ask an analytical question.
- Offer a suggestion.
- Elaborate on a particular point.
- Provide an alternative opinion supported with research.
Be sure to support your initial post and follow-up posts with scholarly examples from the module readings and additional literature where appropriate. You must cite all references according to APA style.
Peer post 1
The United States Code Title 8, U.S.C. § 1324(a) states the offenses related to illegal aliens. The question asks if a defendant can be found guilty of violating these laws, even if they did not cross the border themselves. I believe they can be found guilty of violating some of these laws and a prosecutor can point out some of the offenses listed under U.S.C. § 1324(a) to prove this.
Subsection 1324(a)(1)(A)(iv) makes it an offense to encourage an alien to enter the United States while knowing that it would be illegal for them to do so. Subsection 1324(a)(1)(A)(v) makes it an offense to participate in a conspiracy to commit any of the offense listed in U.S.C. § 1324(a). Other offenses listed which may not apply to the defendant are the actual smuggling of the alien, transporting the alien once they are in the country, and harboring them. To find the defendant guilty of any of these offenses it is required that the prosecutor proves the defendant knew that the person entering the United States was an alien. Depending on the offense committed a convicted person could face between 5 and 10 years in prison.
United States Department of Justice. (n.d.). 1907. TITLE 8, U.S.C. 1324(A) OFFENSES. Retrieved from https://www.justice.gov/jm/criminal-resource-manual-1907-title-8-usc-1324a-offenses
Peer post 2
United States Law title 8 §?1324 covers the topic of bringing and harboring an illegal alien knowingly into the country. If a defendant does not physically cross the border or attempt to cross the border with the illegal alien, they cannot be charged for bringing them into the country. However, if they are harboring the illegal alien knowingly in any form, they can be found guilty under these laws. The prosecution would need to prove that the person being charged under these laws knew that the person they brought into the country or harbored was an illegal alien. Prosecution would need to prove that there was knowledge and intent in the scenario, otherwise the defense could claim that they were unaware of the alien status. If the individual does not physically cross the border with the illegal alien, but attempts to, they could still be charged if intent is proven. Prosecution, in this case, would need to prove that there was an attempt at crossing the border with the illegal alien.
Legal Information Institute. (n.d.). 8 U.S. Code § 1324 – Bringing in and harboring certain aliens. Retrieved February 25, 2019, from https://www.law.cornell.edu/uscode/text/8/1324