According to the United Nations, human smuggling and trafficking in persons are two of the fastest growing areas of international criminal activity. By U.S. Government estimates, 600,000 to 800,000 victims are trafficked globally each year and 14,500 to 17,500 are trafficked into the United States. Women and children comprise the largest group of victims, and victims are often physically and emotionally abused. Although TIP is often an international crime involving the crossing of borders, traffickers also move victims between locations within the same country and often sell them to other trafficking organizations.
As immigration continues to be a major topic in American politics, government officials are very anxious to ensure that people involved in human smuggling across U.S. borders (and especially the border with Mexico) are apprehended and vigorously prosecuted. Human smuggling for reasons other than avoiding immigration restrictions -such as sex trafficking- is also taken very seriously.
Illegally crossing the border for any reason is a federal crime, and if you are accused, you need a lawyer who understands how to protect the rights of criminal defendants within the federal justice system.
Human smuggling is the facilitation, transportation, attempted transportation or illegal entry of people across an international border in violation of one or more countries laws, clandestinely or through deceptions such as fraudulent documents. Human smuggling is often conducted in order to obtain financial benefits for the smugglers, although financial gain or material benefit are not necessarily elements of the crime- i.e., people may engage in smuggling simply to reunite families. Human smuggling is distinguishable from human trafficking because people being smuggled are not necessarily victims of smuggling, rather they are usually complicit in the crime.
Title 8 of the Immigration and Naturalization Act establishes criminal penalties for acts or attempts in bringing unauthorized aliens into the United States, transporting them within the U.S., harboring unlawful aliens, encouraging the entry of illegal aliens, or conspiracy to commit these violations. Each of these charges is a felony, carrying a potential sentence of up to 10 years in federal prison, and the government will levy as many charges as possible against a defendant. Once all of these charges are combined, a human smuggling defendant will likely face up to 30 years in federal prison.
In Texas particularly, border-related criminal charges are a common and serious situation. Human smuggling laws may not only apply to anyone who physically tries to transport an illegal or undocumented alien, but may also include anyone who has anything to do with the money involved or with "harboring" an undocumented or illegal alien along their way into the United States. What this means, for example, is that people who "hold" money in their bank accounts for friends or relatives involved in human smuggling could be arrested and face charges. Whether or not you are a U.S. citizen, you have a right to a fair trial in the American courts.
Trafficking in persons (TIP) involves the exploitation of people through force, coercion, threat, and deception and is often compared to a modern form of slavery. On October 28, 2000, Congress passed the Victims of Trafficking and Violence Protection Act of 2000 ("VTVPA"); a comprehensive statute addressing the trafficking of persons for the purpose of committing commercial sex acts, subjection to involuntary servitude, peonage, debt bondage, or slavery. It is also designed to increase protection for victims of trafficking and other types of violent crimes.
Unlike smuggling, which is usually a transaction between two willing parties, trafficking specifically targets a person for criminal exploitation. The main purpose is to profit from the exploitation of the victim and fraud, force and coercion are generally involved.
Trafficking often includes smuggling, and in many cases the victim may believe they are simply being smuggled into the country. Conversely, persons being smuggled may sometimes willingly enter into "contracts" with the smugglers to work off a smuggling debt; unless their labor or services are enforced through coercion (as set forth in the trafficking statutes) such deferred repayment does not necessarily make these people trafficking victims. However, a work-based debt can be an "indicator" of trafficking, triggering further examination to determine whether the aliens are victims of trafficking or extortion.
But human trafficking does not require the crossing of an international border, or even the transportation of victims from one locale to another. Also, victims of severe forms of trafficking are not necessarily illegal aliens; they may be U.S. citizens, legal residents, or visitors.
According to the "Trafficking Victims Protection Act of 2000," severe forms of trafficking in persons always include the recruitment, harboring, transportation, provision, or obtaining of a person for one of the three following purposes:
- Labor or services, through the use of force, fraud or coercion, AND resulting in involuntary servitude, peonage, debt bondage, or slavery; OR
- Commercial sex act, through the use of force, fraud or coercion; OR
- If the person is under 18 years of age, any commercial sex act, whether or not force, fraud or coercion is involved.
There are several pieces of legislation in place in Texas intended to combat human trafficking, and recent legislation mandates that all incoming local law enforcement receive training on human trafficking. Prosecutors will pursue human trafficking and smuggling cases aggressively; successfully defending these charges requires a defense effort that is equally determined and even more aggressive than the prosecution. And because human trafficking is a relatively new crime, many police officers and investigators may make procedural mistakes that can be the basis for a successful motion to dismiss charges.
If you believe you may be under federal investigation for immigration fraud or violations of Human Smuggling or Trafficking laws, it is critical to your case that you hire a qualified criminal defense attorney right away. Do not risk having your rights violated by neglecting to retain a skilled, experienced criminal defense attorney. The Houston, Texas law office of Kuniansky & Associates will work diligently to ensure your rights are protected.
References:
Fact Sheet: Distinctions Between Human Smuggling and Human Trafficking 2006
Trafficking Cases: Lessons Learned and Promising Practices;Heather J. Clawson,Nicole Dutch, Susan Lopez, Suzanna Tiapula: ICF International
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