First-Time Federal Alien Smuggling Cases Defense in Del Rio, Texas.
Del Rio is ground zero for first-time alien smuggling cases in South Texas. This is because U.S. Highway 90 connects the Texas border town of Del Rio to San Antonio. Equally important, dozens of farm-to-market and ranch roads that have no checkpoints connect to U.S. Highway 90. Consequently, human smugglers use these routes to commit human smuggling crimes.
The end result is that police make a large number of 8 USC 1324 arrests along U.S. Highway 90. For this reason, this post will provide you with an overview of what to expect if police arrest you or someone you love for a federal human smuggling crime in South Texas. Notably, we will give you ideas and options to help with your case.
What is a first-time federal alien smuggling crime?
A first-time federal alien smuggling crime means the person has never done this before. In addition, it often means that the person has a clean record. In other words, this is the first time they are arrested for any crime.
Furthermore, if the defendant did not get into a high-speed chase, carry a gun, or cause anyone to be hurt or killed during the crime, then he may qualify as a “zero-point offender.” In this scenario, the person may get a lower or softer sentence because of his clean record. That is to say, the person may get a lighter penalty because this is his first time breaking the law.
What are the most common Federal Alien Smuggling Crimes in Del Rio, Texas?
The Department of Justice (DOJ) uses 8 USC 1324 to go after human smugglers in Del Rio, Texas. This law contains six different crimes. Namely, it makes it a crime to:
- Bring undocumented migrants into the United States;
- Transport or drive migrants within the United States;
- Harbor or hide migrants;
- Encourage undocumented migrants to enter the country;
- Conspire or enter into a deal with other people to commit these crimes; and
- Aid or abet anyone to commit these crimes.
Of major interest, transporting aliens and conspiracy to transport aliens are the two most common charges human smugglers face in Del Rio, Texas. In addition, DOJ often charges human smugglers with both crimes. Specifically, count I of the indictment will be a conspiracy charge. And count II will be a transportation charge.
This gives DOJ room at trial to offer overlapping evidence to prove their case. Stated differently, this gives the feds two different ways to prove a defendant is a human smuggler.
What are the penalties for first-time alien smuggling crimes in Del Rio, Texas?
| Law. | Key Facts. | Jail time. | Fine. |
| 8 USC 1324(a)(1)(B)(ii) | Transporting without financial gain. | 0-5 years. | Up to $250,000.00. |
| 8 USC 1324(a)(1)(B)(i) | Transporting for financial gain. | 0-10 years. | Up to $250,000.00. |
| 8 USC 1324(a)(1)(B)(iii) | If Defendant causes serious bodily injury. | 0-20 years. | Up to $250,000.00. |
| 8 USC 1324(a)(1)(B)(iv) | If crime results in death. | Either death penalty or life in prison. | Up to $250,000.00. |
| 8 USC 1324(a)(2)(B)(ii) | Bringing an illegal alien into the country for financial gain. | 3-10 years in jail. | Up to $250,000.00. |
What are examples of first time alien smuggling crimes in Del Rio, Texas?
As mentioned above, 8 USC 1324 outlaws all types of human smuggling crimes in America. However, the the three most common types of crimes in Del Rio, Texas are transporting, conspiracy, and bringing aliens into the country. Below are examples of how each crime works.
1. Transporting aliens from Del Rio, Texas to San Antonio, Houston, or Dallas.
The most common way police arrest someone for human smuggling is after a traffic stop. Border patrol agents, DPS, and local police patrol roads looking for human smugglers. From there, police make a traffic stop to speak with the driver and passengers.
Once police make the traffic stop, they look for tell-tale signs of an alien smuggling crime. To explain, they look for passengers who are dirty or who look like they have walked through the brush. They also look for passengers hiding on the floor board or trunk of the car.
2. Conspiracy to transport Aliens in Del Rio, Texas.
After police make an alien smuggling arrest, they will conduct an investigation. This includes interrogating the driver and searching his cellphone. In this scenario, police look for proof that the driver is texting other smugglers for GPS pin drops on where to pickup the migrants. They are also looking for proof that other smugglers paid or will pay the driver for the crime. This type of evidence lays the ground work for a conspiracy charge.
3. Bringing aliens into the country from Ciudad Acuna to Del Rio or from Piedras Negras to Eagle Pass.
This is one of the more challenging cases to defend because of both the facts and the penalty range. To illustrate, human smugglers hire people to cross over minors or infants from Mexico to the United States. They do this by using the birth certificates or passports for US children to bring in undocumented minors.
To make matters worse, this crime carries a tougher penalty. Unlike a basic transporting or conspiracy charge that carries 0-10 years in jail, bringing in an alien into the country carries 3-10 years in jail. If you are facing this type of charge, then you may want to consider taking your case to trial because it is likely you will serve at least 3 years in jail if you plead guilty.
Can you get out on bail for a first-time alien smuggling charge in Del Rio Federal Court?
Yes. Bail is an option in many first-time migrant smuggling cases in Del Rio Federal Court. I wrote about this issue recently. But in general, you must show the judge three things:
- You are not a flight risk (you will show up for all of your court dates);
- You are not a danger to the community (you won’t commit new crimes while on bail); and
- That you will follow all the bail rules.
On top of that, you will also need to get a co-signer to keep an eye on you while you are out on bail.
Can you get probation for an 8 USC 1324 case in Del Rio, Texas?
Yes. Nevertheless, the Del Rio judges grant this request only in a small number of cases. For that reason, it is important to keep realistic expectations on how your case will play out.
What is supervised release and will the judge order me to be on it?
Supervised release is an odd idea covered by 18 USC 3583. It is a type of probation that occurs after the person completes his jail term. This means the person must first complete the jail term. Then he starts his period of supervised release.
While on supervised release, the person must follow certain rules. For example, the person must:
- Not use drugs like cocaine, meth, or marijuana;
- Not commit new crimes;
- Find a job or go to school;
- Submit to drug testing; and
- Regularly report to a probation officer.
If the person does not follow these rules, then the judge will issue an arrest warrant. And the person may go back to jail.
In Del Rio federal court, judges will require a person to serve 3 years on supervised release. But this will depend on the specific law the person broke.
Attorney for first offense of Human Smuggling in Del Rio.
The government is cracking down on human smuggling crimes along the Texas-Mexico border. This is especially true in Del Rio, Texas. Even so, federal law guarantees a person the right to defend himself.
This defense can take many forms. For some people, it may mean taking the case to trial because they are innocent. For others, it may mean working to get the lowest or softest penalty possible. An experienced lawyer can help you with either option. Most important of all, the right lawyer will make sure the system treats you fairly.
Federal Defense Attorney Genaro R. Cortez. Phone: 210-733-7575.
Genaro R. Cortez is a Del Rio First-time alien smuggling lawyer. He has over twenty years experience handling state and federal human smuggling crimes in South Texas. He regularly handles cases in Del Rio Federal Court. Call today to discuss your case.