When the FBI Comes Calling…®
HUMAN TRAFFICKING AND SMUGGLING (continued)
Human Smuggling
The difference between human smuggling and human trafficking is minor but important. It is predominantly determined by the subjective expectations of the person being transported. If the individual believes she is coming to the United States to work as, say, a janitor or a waitress, but she is actually forced into prostitution, the US will classify that as trafficking. In other words, trickery, deception, and/or coercion are key components to trafficking. If she believes or is aware that she will be coming to the United States to work as a prostitute in exchange for citizenship (even if the citizenship papers will be fraudulent), that will often be characterized as smuggling.
While human trafficking is covered by statutes found in Title 18, human smuggling is covered by 8 U.S.C. § 1324.
8 U.S.C. § 1324
The Crime
It is a crime under section 1324 for any person who:
- knowing that a person is an alien, brings to or attempts to bring to the United States in any manner whatsoever such person at a place other than a designated port of entry or place other than as designated by the Commissioner, regardless of whether such alien has received prior official authorization to come to, enter, or reside in the United States and regardless of any future official action which may be taken with respect to such alien; 8 U.S.C. § 1324(a)(1)(A)(i)
- 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, transports, or moves or attempts to transport or move such alien within the United States by means of transportation or otherwise, in furtherance of such violation of law; Id. § 1324(a)(1)(A)(ii)
- 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; Id § 1324(a)(1)(A)(iii)
- encourages or induces an alien to come to, enter, or reside in the United States, knowing or in reckless disregard of the fact that such coming to, entry, or residence is or will be in violation of law; Id § 1324(a)(1)(A)(iv); or
- either
- engages in any conspiracy to commit any of the preceding acts, Id. § 1324(a)(1)(A)(v)(I); or
- aids or abets the commission of any of the preceding acts. Id. § 1324(a)(1)(A)(v)(II).
It is also a crime for a person who:
- Any person who, knowing or in reckless disregard of the fact that an alien has not received prior official authorization to come to, enter, or reside in the United States, brings to or attempts to bring to the United States in any manner whatsoever, such alien, regardless of any official action which may later be taken with respect to such alien. Id. § 1324(a)(2).