Getting bail After a Federal Alien Smuggling Arrest.
In 2026, DOJ and Border Patrol are cracking down on alien-smuggling crimes along the Texas-Mexico border. Since last year, Border Patrol flooded the zone in Eagle Pass and Del Rio, Texas with agents looking for drivers in cars loaded with undocumented migrants. The end result is that police are making a large number of traffic stops that lead to alien smuggling (8 USC 1324) arrests.
In particular, after a Border Patrol agent stops the car, the agent looks for clues that the passengers in the car are undocumented migrants. The most common signs include:
- Passengers wearing dirty or wet clothes;
- Passengers hiding on the floorboard or trunk of the car;
- Text messages on WhatsApp showing pin drops for pickup locations; and
- Statements from the driver that do not add up.
If agents see this fact pattern, then they will likely arrest the driver for a federal alien smuggling crime. Critically, the facts listed above are the most common fact patterns we see along along the Texas-Mexico border.
Federal Bail Hearings for 8 USC 1324 Cases.
If Border Patrol arrests you for a human-smuggling crime, then you can ask a judge to let you out on bail while your case is pending. The bail hearing usually takes place a few days after police arrested you. This is one of the big three court dates in your case. The other two are either your plea or jury trial date and your sentencing date.
Of major interest, their is a strong chance a judge will let you out on bond if you can show the following:
- You are not a flight risk. This means you will show up to all of your court dates.
- You will not be a danger to the community while you are out on bond.
In sum, this is an overview of how bail hearings work in 8 USC 1324 cases. Yet, the facts in your case will determine if you the judge gives you a bond.
What are factors that will cause a judge to deny my bail after an 8 USC 1324 arrest?
The most common reasons a judge denies a defendant bail in an 8 USC 1324 case are:
- The person is already out on bail for another crime when police arrest him for an 8 USC 1324 crime.
- The person is on state or federal parole for a different crime.
- Someone was badly hurt or killed during the crime.
- The person got into a high speed chase with police.
- The driver or defendant has outstanding arrest warrants.
- If the person has a history of not following probation or bond conditions in other cases.
- Or if the smuggler is an undocumented migrant.
The key point is these factors help a judge answer the two questions we talked about above: (1) Will the person show up to court?; and (2) Will the person be a danger to the community if the judge lets him out on bond.
What can I do to improve my chances of getting bail if police arrest me or someone I love for an 8 USC 1324 crime?
1. Find a Family Member or Friend to organize the search for a lawyer.
The first thing to do is to find a family member or friend to organize the search to hire a criminal lawyer. If you cannot afford a lawyer, then you can ask the judge to appoint a lawyer to help you with the case. This is the first step you should take.
Moreover, the person who is organizing the defense should be someone who has the following qualities:
- Be a US Citizen or Legal Permanent Resident.
- Have a job and a place to live.
- Be a responsible member of the community.
- Not be out on bond or parole for a crime.
These qualities are important because this person will need to go to court and ask the judge to let the defendant out on bond.
Of major interest, the family member or friend who goes to court will tell the judge that the defendant will show up to court. And this person will also tell the judge that the defendant will not cause problems while he is out on bond.
On top of that, the family member or friend that goes to court will likely need to sign a paper to vouch for the defendant. Namely, the family member will promise the judge that if the defendant jumps bail, then the family member will pay the bond. Therefore, it is critical that this family member or friend have strong ties or links to the defendant.
2. Setup a meeting with the lawyer.
Once you find a lawyer, schedule a meeting with him or her as soon as possible. The lawyer will take over the case and guide you through the process. The lawyer will also meet with the defendant in jail before the court date to prepare for the bond hearing.
Also, the lawyer may ask you to look for the following papers or documents:
- Work or pay stubs;
- Employment records
- School records; and
- Any other documents that show the defendant is not a flight risk or a danger to the community.
If you gather these records, then the lawyer can use them to support your request for a bond.
3. Respond to all US Pretrial Service Requests.
After police arrest a person for a human smuggling crime, then a US pretrial officer will reach out to a family member to verify the defendant’s information. It is important to answer this call or return it as quickly as possible. Notably, the officer will use this information to help the judge decide if the defendant should get a bond.
What is the bottom line on bail hearings after police arrest someone for a federal human smuggling crime?
Human smuggling arrests always happen at a bad time. (I’ve never seen a good time to get arrested for this crime or any crime.) This means the arrest will cause a stressful moment in your life. But the key is to put aside the stress and emotions of the moment and focus on how to help your loved one get bail after a federal alien smuggling arrest. The right lawyer can help you carry this responsibility so that you know you did everything possible to get your loved one out of jail.
Call 210-733-7575 for a Case Consult.
Genaro Cortez is a criminal defense attorney that handles human smuggling cases in San Antonio and Del Rio, Texas. He’s been a lawyer since 2003. In that time, he’s helped people get bail after a federal alien smuggling arrest.