Defense of Charges Under 8 U.S.C. Section 1324
Team Lead
Contact NickPolitical figures and others charged with harboring unauthorized aliens under 8 U.S.C. Section 1324 can face substantial penalties. Along with substantial fines, those prosecuted under Section 1324 can face federal prison sentences ranging from 5 to 20 years—and the statute allows for a life sentence or capital punishment in cases involving the death of an alien or any other person. It authorizes seizures and forfeitures in some cases as well, and those charged under Section 1324 may also be at risk of facing prosecution under a variety of other federal statutes.
Our firm represents political figures and others who are facing investigations and prosecution under 8 U.S.C. Section 1324. We have extensive experience in high-stakes and high-profile federal cases. This includes successfully representing politicians, corporate executives, and other well-known individuals. It also includes representing the U.S. Department of Justice (DOJ) as U.S. Attorneys and federal prosecutors under previous administrations. Meet our team.
Currently, much of the focus on enforcing 8 U.S.C. Section 1324 is aimed specifically at targeting alleged violations of Section 1324(a)(1)(A)(iii). This is the section that prohibits the “harboring” of unauthorized aliens. It states, in full:
“Any person who . . . knowing or in reckless disregard of the fact that an alien has come to, entered, or remains in the United States in violation of law, conceals, harbors, or shields from detection, or attempts to conceal, harbor, or shield from detection, such alien in any place, including any building or any means of transportation . . . shall be punished as provided in subparagraph (B).”
As the DOJ’s Justice Manual explains, “[w]ith regard to offenses defined in subsections 1324(a)(1)(A)(i)-(v), (alien smuggling, domestic transporting, harboring, encouraging/inducing, or conspiracy/aiding or abetting) each alien with respect to whom a violation occurs constitutes a unit of prosecution.” This represents a departure from prior law and Justice Department policy that came into effect with the enactment of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA). Previously, the “unit of prosecution” for cases under Section 1324(a)(1)(A) was determined on a transactional basis, “regardless of the number of aliens involved.”
Due to this change in the law, political figures and others targeted for allegedly harboring unauthorized aliens can face enormous aggregate penalties. On a per-offense basis, violations of Section 1324(a)(1)(A)(iii) typically carry statutory fines ($250,000 for individuals and $500,000 for businesses in most cases) and a maximum prison term of 5 years (or 10 years if the offense was committed “for commercial advantage or private gain”). However, since the IIRIRA allows the DOJ to pursue separate charges “based on each alien in respect to whom a violation occurs,” both individuals and organizations can face millions of dollars in potential fines and a de facto life sentence.
Put our highly experienced team on your side
Dr. Nick Oberheiden
Founder
Attorney-at-Law
Lynette S. Byrd
Former DOJ Trial Attorney
Partner
Brian J. Kuester
Former U.S. Attorney
Hon. Kevin McCarthy
55th Speaker, U.S. House of Representatives (ret.)
Government Consultant
Mike Pompeo
Of Counsel
Former U.S. Secretary of State
John W. Sellers
Former Senior DOJ Trial Attorney
Linda Julin McNamara
Federal Appeals Attorney
Nicholas B. Johnson
Former Prosecutor
Roger Bach
Former Special Agent (DOJ)
Chris J. Quick
Former Special Agent (FBI & IRS-CI)
Michael S. Koslow
Former Supervisory Special Agent (DOD-OIG)
Ray Yuen
Former Supervisory Special Agent (FBI)
Other Potential Charges Under 8 U.S.C. Section 1324
While many cases prosecuted under 8 U.S.C. Section 1324 focus specifically on harboring allegations, the statute establishes a wide range of other federal criminal offenses as well. Along with defending political figures and others charged with harboring unauthorized aliens, our lawyers are also available to serve as defense counsel in cases involving:
- Illegally Bringing Foreign Nationals Into the United States – Section 1324 makes it a federal offense to illegally bring foreign nationals into the United States. This includes not only efforts that can be classified as “smuggling,” but also efforts to facilitate unlawful entry “in any [other] manner whatsoever.”
- Transporting Unauthorized Aliens Within the United States – Transporting unauthorized aliens within the United States is also a serious federal offense under 8 U.S.C. Section 1324. To face prosecution for “domestic transportation,” an individual or organization must act in “knowing or in reckless disregard of the fact that an alien has come to, entered, or remains in the United States in violation of law.”
- Encouraging or Inducing Illegal Entry – Encouraging or inducing illegal entry into, or residence in, the United States also violates 8 U.S.C. Section 1324 when done “knowing[ly] or in reckless disregard of the fact that such coming to, entry, or residence is or will be in violation of law.”
- Aiding, Abetting, and Conspiracy – Crucially, to pursue charges under 8 U.S.C. Section 1324, federal prosecutors do not need to prove direct involvement in harboring or other unlawful activities. Under Section 1324(a)(1)(A)(v), anyone who is convicted of engaging in a conspiracy to violate any provision of Section 1324 or who aids or abets a violation of Section 1324 can face the same penalties as those who are directly involved.
- Knowingly Hiring Unauthorized Aliens – Added by the IIRIRA, Section 1324(a)(3) makes it a federal offense to “knowingly hire[] for employment at least 10 individuals with actual knowledge that the individuals are [unauthorized] aliens” during any 12-month period.
Section 1324 is a complex statute that contains not only several prohibitions, but also several penal provisions. While individual violations are likely to carry fines of $250,000 ($500,000 for businesses) and up to 5 or 10 years of federal imprisonment in most cases, various factors can increase the penalties that are on the table. The statute also specifically authorizes arrests by the Immigration and Naturalization Service (INS) and other federal law enforcement authorities.
Other Potential Charges in Harboring and Other Cases Under 8 U.S.C. Section 1324
In addition to pursuing charges under 8 U.S.C. Section 1324, federal prosecutors targeting political figures and others in immigration-related cases can potentially pursue charges under a wide range of other federal statutes as well. Here are just a few examples:
- 8 U.S.C. Section 1325(d) – Under 8 U.S.C. Section 1325(d), “[a]ny individual who knowingly establishes a commercial enterprise for the purpose of evading any provision of the immigration laws” can face up to a $250,000 fine ($500,000 for businesses) and up to 5 years of federal imprisonment.
- 8 U.S.C. Section 1327 – Section 1327 of Title 8 makes it a federal crime to “knowingly aid[] or assist[] any alien inadmissible under section 1182(a)(2) . . . or 1182(a)(3) . . . to enter the United States, or . . . conspire[] with any person or persons to allow, procure, or permit any such alien to enter the United States.” Potential penalties include statutory fines and up to 10 years of federal imprisonment.
- 18 U.S.C. Section 371 – Section 371 of Title 18 makes it a federal crime to conspire to commit any offense against the United States. Political figures and others prosecuted for allegedly participating in immigration or harboring-related conspiracies can face the same penalties as those accused of being directly involved in the alleged offense.
Again, these are just examples. As we see more of these cases, we will also see how the DOJ’s prosecution strategy evolves—and how ICE, INS, and other federal authorities pursue investigations, arrests, and enforcement in the field. Whether you are facing an investigation, federal agents have raided your office or business, you have been arrested, or you have concerns about what might be coming, we encourage you to contact us promptly for more information.
About Oberheiden P.C.
Oberheiden P.C. is a federal compliance and defense law firm that represents politicians, public figures, executives, professionals, and corporate clients in complex and high-stakes federal matters. Some of our firm’s key traits include:
- We Are a Team of Senior-Level Attorneys – All of our attorneys have senior-level experience. Our federal defense team is led by founding attorney Nick Oberheiden, PhD and senior-level attorneys who have extensive prior experience at the Justice Department.
- We Have a Nationwide Network of Local Counsel – We have cultivated a nationwide network of local counsel that allows us to efficiently provide legal representation to clients facing investigations, raids, and other federal law enforcement efforts across the United States.
- We Have Specific Experience with Federal Immigration Enforcement – With a practice focused predominantly on federal compliance and defense, we have specific experience representing clients in high-stakes federal immigration enforcement matters.
- Several of Our Attorneys Have DOJ Experience – Along with our team leaders, several of our other attorneys have prior DOJ experience as well. Our nationwide network also includes non-attorney consultants who have prior investigative experience at various federal law enforcement agencies.
- Several of Our Clients Are Politicians and Other High-Profile Individuals – We have represented many well-known politicians and other high-profile individuals. We understand the unique and sensitive nature of facing federal prosecution when you have a reputation that you need to protect, and we tailor our representation to this concern.
Contact Us to Speak with a Senior Federal Defense Attorney at Oberheiden P.C. in Confidence
If you need more information about the federal government’s efforts to target political figures and others for harboring unauthorized aliens and other immigration-related offenses under 8 U.S.C. Section 1324, we invite you to get in touch. Once you do, we will arrange for you to speak with one of our senior attorneys in strict confidence as soon as possible. Call Oberheiden P.C. at 888-680-1745 or tell us how we can reach you online now.
