Charged With a Federal
Immigration Crime
in South Texas?
From illegal reentry to lying to federal agents, immigration-related criminal charges carry serious federal prison time and permanent immigration consequences. Attorney Genaro R. Cortez defends clients across San Antonio, Del Rio, and South Texas in federal and state court.
Federal Immigration Crimes Carry Consequences Far Beyond Deportation
Many people don’t realize that immigration-related criminal charges are separate from — and far more serious than — civil immigration proceedings. A federal criminal conviction means prison time, permanent criminal record, and bars to ever returning to or remaining in the United States.
Federal Prison Time
Immigration crimes prosecuted in federal court carry mandatory sentencing guidelines. Even a first offense can result in months or years in federal prison — on top of any immigration consequences — and federal sentences are served at 87% with no early parole.
Permanent Immigration Bars
A federal criminal conviction for immigration offenses can permanently bar someone from obtaining legal status, re-entering the United States, or naturalizing as a citizen. The criminal case and the immigration case must both be defended strategically.
Your Statements Will Be Used Against You
Federal agents are trained to gather admissions during arrests and interviews. Statements made without an attorney present — even seemingly innocent ones — become key evidence. The right to remain silent and demand counsel is critical from the first moment of contact.
South Texas Federal Courts Are Aggressive
The Western and Southern Districts of Texas handle more federal immigration criminal cases than almost any other district in the country. Local federal prosecutors and judges handle these cases routinely — you need an attorney who knows these courts just as well.
Federal Immigration Charges We Handle in San Antonio
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Illegal Reentry After Deportation — 8 U.S.C. § 1326
It is a federal felony to reenter or be found in the United States after having been deported, removed, or denied admission. A first offense carries up to 2 years in federal prison — but if the prior removal followed a felony or aggravated felony conviction, the penalty rises to 10 or 20 years. We challenge the underlying removal order, the sufficiency of the prior deportation, and the government’s evidence of alienage and knowing reentry.
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Alien Smuggling — 8 U.S.C. § 1324
Transporting, harboring, or encouraging undocumented immigrants to enter or remain in the U.S. is a federal felony. Penalties range from 5 to 20 years depending on financial gain, injury, or death. Attorney Cortez has defended over 200 federal alien smuggling cases in the Western and Southern Districts of Texas.
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Lying to Federal Agents — 18 U.S.C. § 1001
Making any false statement to a federal agent — including ICE officers, Border Patrol, FBI, or HSI — is a federal felony carrying up to 5 years in prison. This charge catches many people off guard: you do not have to be under oath for your statement to be prosecutable. The safest approach is always to remain silent and request an attorney immediately.
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Assaulting a Federal Agent — 18 U.S.C. § 111
Any forcible interference with a federal officer — including Border Patrol, ICE, or HSI agents — during their official duties is a federal felony. Simple assault carries up to 8 years; assault with a deadly weapon or causing bodily injury carries up to 20 years. These charges frequently arise in alien smuggling and immigration enforcement contexts in South Texas.
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Undocumented Alien in Possession of a Firearm — 18 U.S.C. § 922(g)(5)
Federal law prohibits any person who is illegally or unlawfully in the United States from possessing a firearm or ammunition. This charge carries up to 15 years in federal prison and is often paired with drug or alien smuggling charges. We challenge the search and seizure, the government’s proof of immigration status, and the knowing possession element.
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Document Fraud & Identity Theft
Using, possessing, or obtaining fraudulent immigration documents — including false Social Security numbers, fraudulent visas, or counterfeit green cards — is a federal crime. Aggravated identity theft adds a mandatory 2-year consecutive sentence on top of any other prison time, making early and aggressive defense critical.
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Harboring Undocumented Immigrants
Knowingly concealing, harboring, or shielding undocumented immigrants from detection by federal authorities — including providing housing or transportation — is a federal offense. Penalties increase significantly when done for financial gain, and each individual harbored can be charged as a separate count.
Arrested for a Federal Immigration Crime?
Federal prosecutors in South Texas move quickly. The sooner Attorney Cortez is involved, the more options you have. Call today for a free, confidential consultation.
Confidential · No obligation · Available 24/7 for emergencies
Federal Immigration Crime Penalties at a Glance
Federal sentencing guidelines govern these cases and often result in mandatory prison time. Verify current penalty ranges with your attorney as statutes are subject to change and prior convictions dramatically increase exposure.
| Offense | Classification | Prison (Max) | Notes |
|---|---|---|---|
| Illegal Reentry § 1326 (1st offense) | Federal Felony | Up to 2 years | Guidelines often result in 0–6 months for first offense |
| Illegal Reentry (prior felony) | Federal Felony | Up to 10 years | Dramatically enhanced by criminal history |
| Illegal Reentry (prior aggravated felony) | Federal Felony | Up to 20 years | Highest reentry exposure |
| Alien Smuggling § 1324 (no financial gain) | Federal Felony | Up to 5 years | Per alien smuggled; charges stacked |
| Alien Smuggling § 1324 (financial gain) | Federal Felony | Up to 10 years | Each alien is a separate count |
| False Statements § 1001 | Federal Felony | Up to 5 years | Does not require oath; applies to any federal agent |
| Assaulting Federal Agent § 111 | Federal Felony | Up to 20 years | 8 yrs simple; 20 yrs if injury or weapon |
| Undocumented Alien w/ Firearm § 922(g)(5) | Federal Felony | Up to 15 years | Often charged alongside smuggling or drug counts |
| Aggravated Identity Theft § 1028A | Federal Felony | 2 years mandatory (consecutive) | Runs on top of any other sentence — cannot be reduced |
Your Defense, Step by Step
We review the charges, the arrest circumstances, and any statements made — at no cost. We identify every defense avenue available from day one.
We examine the legality of the stop and arrest, the immigration status evidence, any statements made, and the government’s proof of each element of the charge.
From motions to suppress, to attacking the underlying deportation order in illegal reentry cases, to negotiating with federal prosecutors — every option is on the table.
In federal court at every stage — from bail hearings to trial — we stand beside you and fight for the best possible outcome for you and your family.
With over 20 years of experience defending clients in the Western and Southern Districts of Texas, Attorney Genaro R. Cortez understands how federal immigration prosecutions work from the inside out. He has defended more than 200 federal immigration cases — from first-time alien smuggling charges to illegal reentry, false statements, and federal firearms offenses.
Whether the issue is challenging the legality of a traffic stop, attacking a prior deportation order used to enhance an illegal reentry sentence, or cross-examining federal agents about Miranda violations and cell phone searches — no detail goes unexamined. South Texas federal courts are demanding environments. You deserve an attorney who knows them as well as the prosecutors do.
Federal Immigration Defense FAQ
What is illegal reentry and can it really mean prison time? +
Yes. Illegal reentry under 8 U.S.C. § 1326 is a federal felony — not just a civil immigration violation. A first offense without prior criminal history carries up to 2 years, but prior felony or aggravated felony convictions can increase exposure to 10 or 20 years in federal prison. Federal sentencing guidelines govern the actual sentence, which an experienced attorney can work to reduce.
Can I fight an illegal reentry charge if I was deported before? +
Yes — and one of the most powerful defenses is a collateral attack on the underlying deportation order. If the prior removal proceeding was fundamentally unfair or violated your due process rights, we can challenge whether the deportation was legally valid. This can result in the dismissal of the entire illegal reentry charge. Attorney Cortez evaluates this defense in every reentry case.
What happens if I lied to a Border Patrol agent after my arrest? +
Statements made to federal agents — including Border Patrol, ICE, and HSI — can be charged as false statements under 18 U.S.C. § 1001 or used as evidence in the underlying case. However, statements made before Miranda warnings were given, or after you requested an attorney, may be suppressible. We examine the full circumstances of every post-arrest statement.
Do I have the right to remain silent when stopped by Border Patrol? +
Yes. You have the right to remain silent and the right to an attorney before answering questions. At a Border Patrol checkpoint, you may be required to state your citizenship, but beyond that, you are not required to answer questions about your immigration status or activities. The safest thing you can do is politely decline to answer further questions and request an attorney.
What is the difference between civil deportation and criminal immigration charges? +
Civil deportation (removal) is handled by immigration courts and results in being required to leave the country. Criminal immigration charges are federal crimes prosecuted in federal district court and can result in prison time on top of removal. Both proceedings can happen simultaneously — and a criminal conviction can make it far harder to ever obtain immigration relief in the future.
Can my phone be searched at the border without a warrant? +
Border searches operate under different constitutional rules than interior searches. While basic manual phone searches have been permitted at the border without a warrant, forensic searches — downloading and analyzing phone contents — have faced more constitutional scrutiny. Do not consent to a phone search. Requiring agents to obtain a warrant preserves your rights and may result in evidence being suppressed.
Will a federal immigration conviction affect my family members’ immigration status? +
Potentially yes. A federal criminal conviction can affect pending immigration applications for family members, disqualify you as a petitioner for family-based immigration, and in some cases trigger scrutiny of family members’ status. Attorney Cortez considers the full family immigration picture when advising on defense strategy and plea decisions.
How soon should I hire an attorney after a federal immigration arrest? +
Immediately. Federal initial appearance hearings — including bail hearings — happen within 24 to 72 hours of arrest. Having an attorney at the bail hearing significantly improves the chances of pretrial release. Evidence is also freshest immediately after arrest, and early intervention gives your attorney the most options. Call Attorney Cortez as soon as possible after any federal arrest.
Facing Federal Immigration Charges
in South Texas?
With over 200 federal immigration cases defended since 2003, Attorney Genaro R. Cortez knows these courts — and knows how to fight for you. Call now for a free, confidential consultation.