FEDERAL IMMIGRATION
CRIMES
Top Defense Attorney for Federal Immigration Crime in Detroit
Bajoka Law — Leading Federal Immigration Crime Attorneys
WHAT IS AN IMMIGRATION CRIME?
An immigration crime involves the entry or attempted entry into the United States illegally. Whether you yourself attempted to enter illegally or helped another in doing so, you could be found guilty of a federal immigration crime. The estimated immigrant population in the United States is over 10 million people. To account for this large number of people and those who are trying to be added to this population, the FBI and ICE (Immigration & Customs Enforcement) have made immigration crimes a major focus as directed by the federal government. The federal government has criminalized illegal entries into the United States in an effort to try to stop illegal immigration, even if it results in families being separated. It is important to know that the federal government is not taking these cases lightly. Expect the full force of the federal government in investigating and prosecuting immigration crime cases.
WHAT ARE THE POSSIBLE PUNISHMENTS FOR AN IMMIGRATION CRIME?
- Prison: An illegal entry charge is a misdemeanor and can result in up to six months of jail time. An illegal re-entry is a felony and can result in up to two years in federal prison. If the illegal re-entry offender was removed due to the conviction of certain crimes the punishment can rise to 20 years in federal prison. As you can see, many options are on the table in terms of potential prison sentences for an immigration crime conviction.
- Probation: Probation is an alternative to jail that a judge can sentence someone for an immigration crime conviction. As part of the probation, the offender will have to follow certain guidelines, may have to submit for drug or alcohol screening, and will have an assigned probation agent that they will need to stay in close contact with. Violations of probation can result in lengthy prison sentences.
- Restitution: A judge can order an offender to pay back the money improperly obtained due to their illegal activity. This number can easily end up in the millions of dollars.
- Fines: A fine for an illegal entry can be as low as $50 or $250. The fine for committing immigration-related marriage fraud can be as high as $250,000. Again, it is easy to see how these fines can add up very quickly.
- Other: You could lose your ability to ever legally become a citizen of the United States.
WHAT ARE SOME EXAMPLES OF IMMIGRATION CRIMES?
- Common examples of immigration crimes include:
- Illegally entering into the United States
- Illegally entering the United States after being deported, removed, or denied admission
- Helping an alien cross the border illegally
- Hiding illegal aliens
- Helping transport illegal aliens
- Conspiring with others to transport illegal aliens
- Knowingly hiring too many illegal aliens
The different activities that could be present during the commission of an immigration crime can lead to various criminal charges. The specific charges under the umbrella of immigration crimes are:
- Illegal Entry (8 U.S.C. § 1325)
- Illegal Re-entry (8 U.S.C. § 1326)
- Alien Smuggling, Transporting, Harboring (8 U.S.C. § 1324(a)(i)-(a)(iii))
- Bringing Aliens to the United States (8 U.S.C. § 1324(a)(2))
- Illegal Immigration Reform and Immigrant Responsibility Act (8 U.S.C. § 1324 (a)(3))
WHAT ARE THE POSSIBLE DEFENSES?
The main element at issue in pretty much all immigration crimes is that of intent. It is the United States Attorney’s burden to prove that you had a criminal intent towards immigration laws. Was the attempted entry into the United States done with the intention of circumventing immigration laws? As an employer, are you purposely hiring people that you know are not citizens? How do you know their citizenship status? If you are married to a non-citizen, how can you show that your relationship is legitimate and not for the purposes of citizenship paperwork? These are just a few of the questions and defenses a seasoned federal immigration crimes attorney will ask while building a proper defense for an immigration crime case.
ANY FURTHER QUESTIONS?
If you or a loved one is being investigated for a federal immigration crime or have already been indicted, you might be asking yourself, what do I do now? Finding a website such as this can be a great resource, but it is not a substitute for the advice of an experienced attorney.
EXPERIENCE MATTERS
Most attorneys have never stepped foot in a federal courthouse, much less have actually been a part of a federal jury trial. Do you really want your case to be the first your attorney has actually defended in federal court? While the answer to that question might be easy, choosing the right attorney might not be as simple. The right attorney for a federal immigration crime case is not someone looking to sign up every person that walks through their door. The right attorney for a federal immigration crime case is one that has the proper experience, time, and resources to put into defending your case against the power of the government. The United States government has unlimited resources when it comes to investigating and building cases. Your first step towards leveling the playing field is hiring an attorney who brings years of successful federal criminal defense experience to the table. At Bajoka Law in Detroit, we lean on this past experience to help bring future success.
Read more on Immigration Crimes
Facing charges of immigration crimes? The experienced federal immigration attorneys at Bajoka Law in Detroit can help with your case. Leading immigration crimes attorney Edward Bajoka explains changes to procedures for asylum and withholding of removal under Biden administration.
ORIGINAL CASE DETAILS ON MOHAMMED JABATEH Back in 2017, a man by the name of Mohammed Jabateh was convicted of federal immigration fraud and perjury charges in the Federal Eastern District Court in Philadelphia for hiding his past when applying for permanent residency in the United States. Jabateh had immigrated from Liberia in 1998 and started a shipping container business in Philadelphia all while getting married and supporting a family. Federal prosecutors sought to show that Jabateh was actually also known as “Jungle Jabbah,” a Liberian military commander and war criminal who was tied to countless murders, rapes, and other atrocities during Liberia’s civil wars. In looking to prove the government’s charges of immigration fraud and perjury, federal prosecutors had to tie Mohammed Jabateh to the murderous deeds of Jungle Jabbah. Federal prosecutors flew in 17 witnesses from Liberia to identify and testify about the atrocities that Jungle Jabbah committed on them and their families, which included murder, rape, and sex trafficking. Jabateh was then convicted and sentenced to 30 years in prison not technically for the alleged war crimes, but for immigration fraud and perjury. His federal sentencing guidelines were much lower than his actual sentence, which called for a sentence of between 15 to 21 months in federal prison. SENTENCING APPEAL Jabateh appealed his sentence to the Third Circuit Federal Court of Appeals stating that it was excessive given what he was convicted of. The Third Circuit Court agreed with the District Court judge’s decision to sentence Jabateh to more than 15 times his federal sentencing guidelines not just because of the gruesome nature of the charges alleged, but also because of how they believe Jabateh used the American system of asylum in reverse. The three-judge panel deciding the case at the Third Circuit found that Jabateh made a mockery of the United States asylum system which was designed to protect people who were fleeing from countries who abused human rights like Jabateh himself. Jabateh all along has openly said that he was involved in a rebel group, but he was also a victim of atrocities from the Liberian government and was not behind all of the murders, rapes, and sex trafficking that he was accused of. His defense further argued that the United States government essentially tried him in a criminal case over which the United States does not have jurisdiction of to begin with. Jabateh’s only remaining legal option is to seek an appeal by the United States Supreme Court. HOW DOES THIS AFFECT ME? If you received your legal status or citizenship in the United States based on a claim of asylum, then this can affect you directly. While most actions such as these were reserved for accused Nazi war criminals in the past, this decision and verdict has shown that the United States government can not only charge you with immigration crimes , then can also seek to prove you lied or hid the truth about those past crimes through a jury trial as they did with Jabateh. Even more concerning is the fact that a conviction for an immigration crime can result in an exponentially higher sentence that normally given if there are claims of extreme violence committed by the person accused. This decision can and will lead to other cases like it; where the United States government can look to prove someone guilty of crimes that occurred in other countries in order to prove that they lied on their applications for legal status in the United States. If you have any questions about what penalties you may face from an action against your immigration or asylum status, then it is important that you seek the advice of an experienced federal immigration crimes attorney.
DHS and DOJ Initiative to Criminalize Illegal Entries into the U.S. Operation Streamline is an initiative of the Department of Homeland Security (DHS) and the Department of Justice (DOJ) to criminalize illegal entries into the United States, which was launched in 2005. The United States-Mexico border is the main “zero tolerance” zone under Operation Streamline, where everyone who enters without proper inspection at the border can face detention, criminal charges, and deportation. Under Operation Streamline, if you are caught crossing the border without inspection you can face one of two criminal charges: Illegal Entry: This is a misdemeanor charge that is reserved for first-time offenders. A conviction for illegal entry carries a maximum of six months in jail. Illegal Re-entry: This is a felony charge that is reserved for anyone who has been deported in the past and is attempting to re-enter again without proper inspection. A conviction for an illegal re-entry carries up to 2 years in federal prison. This maximum can increase to 10 and 20 years if the reason for the deportation was due to a conviction of a felony or aggravated felony. After sentencing is completed for either an illegal entry or an illegal re-entry conviction, the individual is then deported. Illegal entry is the most commonly filed federal criminal charge out of all possible federal criminal charges for anything. In 2018, 62% of all suspects prosecuted for immigration crimes were prosecuted for illegal entry. CRITICISMS OF OPERATION STREAMLINE Operation Streamline works on a deterrence theory. The belief is that if the United States is harsh on illegal entries and illegal re-entries it will reduce crime as people would then be more scared to cross, fearing criminal prosecution. Many have criticized this approach as being too simplistic and ineffective. It takes an enormous amount of resources and money to run Operation Streamline, where people are taken through the criminal process, sentenced to jail or prison, and then deported. Others have criticized Operation Streamline as being a waste of resources when they should be focused on more important issues like drug smuggling, human trafficking, and gang activity. This bloated number of cases that come with Operation Streamline have put a great burden on the federal courts, where in some cases 90 defendants are represented by one attorney at the same time. Operation Streamline annually costs well over $100 million in court proceedings and over $50 million for custody and imprisonment. EFFECTS ON IMMIGRATION RELIEF The long-term impact that a non-citizen may face when they are caught and prosecuted for illegal entry may not be obvious at first while that person is dealing with their immediate legal issues. But in the long term, a conviction for an illegal entry or illegal reentry can have very harmful consequences on that person’s immigration case. It could result in it becoming impossible to be able to become a lawful permanent resident (green card holder). If a non-citizen is convicted of two or more offenses for which the combined prison sentence is five or more years, then a person would be deemed inadmissible. Many plea agreements that are used in illegal entry and illegal re-entry cases have provisions that require non-citizens to waive any legal claims of immigration relief they might have. Claims of relief that non-citizens are routinely required to waive are claims of asylum and protection under the United Nations Convention Against Torture. If you have any questions related to illegal entry or re-entry charges, or are looking to adjust your status, then it is important to seek the advice of an experienced federal immigration attorney as soon as possible.
An Amendment Aimed at Controlling High Rates of Illegal Immigration HISTORY AND PURPOSE OF THE IRCA The Immigration Control and Reform Act (IRCA) was passed in 1986 as an amendment to the Immigration and Nationality Act, which was passed in 1952. The IRCA was passed to try to control exceedingly high rates of illegal immigration at the time which saw many employers illegally giving jobs to undocumented immigrants. The stated purpose of the IRCA is to help reserve jobs for those who are here legally. There are a few exceptions that exist for undocumented immigrants under the IRCA, which include workers who illegally entered the United States before 1982, and certain workers that are employed in agriculture jobs. The IRCA makes it illegal to hire or refer individuals who do not have proper work authorization from the federal government. A failure to follow hiring guidelines under the IRCA can result in fines in excess of $5,000 per undocumented employee and the possibility of jail time. Immigration and Customs Enforcement (ICE) is in charge of enforcing the laws under the IRCA. EMPLOYER REQUIREMENTS UNDER THE IRCA Employers in the United States can only hire either citizens or immigrants who have been given federal authorization to work. A failure to do so can result in the charging of immigration crimes . A United States employer can only hire workers who fall into one of the following categories: United States citizen Non-citizen national Lawful Permanent Resident (Green Card Holder) Non-citizen who is authorized to work As part of the requirements under the IRCA, employers are required to complete an I-9 Form for every employee when they are hired. Employers are also required to inspect identification documents of their employee. It is federally illegal for an employer to ask a prospective employee their country of citizenship and/or proof of their legal immigration while they are being interviewed. These documents and other credentials can only be asked for by employers after a job offer is made to the prospective employee. It is also prohibited under the rules of the IRCA to knowingly recruit and hire workers without proper work authorization. ICE has stepped up their enforcement of all things related to the IRCA during the Trump administration. HOW DOES THIS AFFECT ME? If you are a business owner of any kind who has employees, then this can affect you directly. Employers face a fine of up to $1,000 for every employee who doesn’t have a completed an I-9 Form within three days of hire. This goes for every employee an employer hires, even United States citizens. Employers facing sanctions for alleged violations of the IRCA also stand to have an increased focus and attention on their business operations by the federal government. Once ICE agents believe that you are illegally employing a single person, your entire business gets put under the proverbial microscope. If you are facing alleged violations under the IRCA, then it is important to seek the advice of an experienced federal immigration crimes attorney immediately. Ignorance of the law is not a defense. It is your responsibility to understand your role and the limitations you have by law. If you have a business that operates in the United States, you will need to understand the detail of the provisions of the IRCA to make sure you remain in compliance and out of trouble. If you are an undocumented non-citizen who is looking to be employed by a United States company, you will need proper work authorization to do so.
