2025 Alien Smuggling Charges in Texas Defense.
Will I go to prison if police arrest me for an alien smuggling federal charge in South Texas? This is the most common question clients ask me. The short answer is you are at high risk of serving jail time with these types of cases. However, the longer answer is more complex. And it’s also more interesting.
In this post, we will answer three important questions that will guide our conversation. First, how does a judge decide how much jail time I will get in a federal human smuggling case? Second, how can I get my jail time lowered? Third, can a judge give me probation for an alien smuggling federal charge if I am a first-time offender?
Most important of all, we will give you a road map that will increase your odds of getting the best results possible for an 8 USC 1324 crime.
How does a judge decide how much jail time I will get for an alien smuggling federal charge in Texas?
Judges consider several things before they decide your jail term in a human smuggling case. First, they consider the range of jail time allowed by 8 USC 1324. Second, they consider the sentencing guidelines for your case. Third, they weigh key factors about you and your case. Finally, they give the government and you an opportunity to argue for a specific jail term.
Moreover, judges want to treat everyone the same. But this is easier said than done. For example, if two people commit the same crime, then they should get the same jail time. The problem is that no two people and no two crimes are identical.
Instead, judges and lawyers look to see if the facts in your case are typical or similar to the facts in normal cases. Judges call these heartland cases. These heartland cases become useful baselines to measure your case against.
To explain, judges look to see if the facts in your case are better or worse than a normal case. This gives your defense attorney two ways to push for a lower jail term in your case. First, your attorney will fight for the lowest starting baseline in your case. Next, your lawyer will ask the judge to sentence you below this baseline based on the facts of your case.
But this two-step dance is more art than science. Nevertheless, there are tools your lawyer can use to help you get the least jail time possible. We will talk about those below. But first, we need to list the range of jail time a judge can give you for in a federal human smuggling case.
2025 Federal Alien Smuggling Penalties.
| 8 USC 1324 | Description. | Jail Time. | Fine Amount. |
|---|---|---|---|
| (a)(1)(B)(ii). | Transporting aliens without financial gain. | 0-5 years. | 0 - $ 250,000.00 |
| (a)(1)(B)(i) | Transporting aliens for financial gain. | 0-10 years. | 0 - $ 250,000.00 |
| (a)(1)(B)(iii) | Defendant causes another person serious bodily injury. | 0-20 years. | 0 - $ 250,000.00 |
| (a)(1)(B)(iv) | Crime results in death. | Death Penalty or life in jail. | 0 - $ 250,000.00 |
| (a)(2)(B)(ii) | Bringing an alien into the United States for financial gain. | 3-10 years in jail. | 0 - $ 250,000.00 |
How do I get my jail time lowered in a federal human smuggling case?
If a jury finds you guilty or if you plead guilty, then the judge will reset your case to give the probation department time to prepare a report. This report contains three important pieces of information. It contains the facts of the crime. It contains your history and biography. And most important of all, it contains your baseline, or guideline range, that gives you a rough idea of how much jail time you will get.
A. Review your Presentence Report Carefully to make sure your guideline range is correct.
Once the probation officer prepares the report, she will give it to your attorney so that he can review it with you. This is when you can push for a low starting baseline in your case. Namely, you must check the report for mistakes that raise up your guideline range. If there are mistakes in the report, then your attorney can file objections asking the probation officer to fix the errors.
You can also ask the probation officer to include missing information. As an example, if you served in the military and earned medals for valor, then you can ask the probation officer to include this information in the report. If you volunteer in your community, then this information should also be in your report.
Above all else, review the offense level and criminal history score in your case. Together, these two factors determine what your guideline range, or baseline, will be in your case. Challenging the offense level, criminal history, or both is a classic way to help get a lower starting baseline.
But this only works if there are mistakes in your PSR. If it is correct, then your guideline range will give you a rough idea of how much jail time a judge will give you.
B. Get your Government Records.
Furthermore, in many cases, the client can become his or her own best advocate. For instance, judges will give your argument more weight if you have objective evidence to support it. If you were injured or hurt while serving in the military, then get copies of your VA records and give them to the probation officer.
Similarly, if you have diagnosed medical issues that you think the judge should know about, then get your medical records from your doctor or your disability records from the Social Security Administration. These types of records are helpful because the government and other professionals rely on them to make important decisions. Consequently, judges find these types of records reliable and credible.
C. File a sentencing memo.
A sentencing memo tells the judge all the reasons why your case falls below the typical or baseline offense. The memo also allows your lawyer to humanize you and give the judge a complete picture of who you are.
As an example, I frequently ask my clients to send me an email telling me why they think they should get a low jail term. This forces the clients to think through the issues and put words to the ideas and feelings they have about the case and about themselves. From there, the client and the lawyer can focus on the key ideas to include in the memo that will increase the odds of getting a lower jail term.
D. The Sentencing Hearing.
Most alien smuggling sentencing hearings usually go pretty quickly. First, the judge will ask you if you reviewed the presentence report with your attorney. Next, the judge will ask your attorney if he or she has objections to the report. If either side has objections to the report, the judge will walk through them one at a time. The judge will then rule on the objections and make changes to the report.
After that, the judge will get to the sentencing part of the hearing. Here, the judge will ask you if you want to speak. If you took a plea deal and want to talk, then the first thing you say is to apologize for what you did. The best apologies are short and sweet.
Here are a few good examples from successful sentencing cases I’ve worked on:
- I’m sorry for the mistake I made and the harm it caused the community.
- I messed up and I regret how much this hurt my family and the people that care about me.
- I apologize for what I did.
The key is to show genuine remorse. And the exact words you use are up to you. After you apologize, you can either pivot to the key points you want to make or simply remain silent.
Once this happens, your attorney can speak on your behalf. This is where he or she gives the judge your version of events and explains why you should get the least amount of jail time possible. Finally, the judge will sentence you and tell you how much jail time you will get in your case.
What if I am a first-time alien smuggling defendant?
Surprisingly, many of my clients are facing first-time alien smuggling charges. In addition, most of them have no criminal history. If this is true in your case, then you may qualify as a Zero-Point Offender under USSG 4C1.1. If you qualify for this guideline, then the judge will lower your offense level by two points. This lower offense level will lead to a lower jail term in your case.
Can I get probation for an alien smuggling federal charge?
Yes. Probation is possible. But it is also rare. This will depend on the judge in your case. There are a few that are open to this option. However, as a general practice, most judges lean towards giving out jail time.
2025 Alien Smuggling Federal Charges Defense.
The goal in every case is to make sure the client gets treated fairly. This is especially true at sentencing hearings for any client facing alien smuggling federal charge. And the key to a successful outcome is for the client and the lawyer to work as a team to accomplish one central goal: getting the lowest jail term possible.