Crimes Committed by Illegal Aliens
Being Illegal and Accused of a Crime? You Can Be Deported
Aliens living in New York City who do not currently have legal immigration status may receive municipal identification cards. These cards will include a photograph, name, address, birth date, and expiration date. Anyone living in the five boroughs is eligible to receive a card, which will make it possible to obtain a bank account , obtain a library card, and sign a lease. The availability of ID cards is part of an effort by the mayor and city council to provide relief for undocumented immigrants living in the shadows, even as federal immigration laws remain in flux.
Although a federal program provides relief to certain people brought to the United States as children, immigrants generally remain at risk of deportation. Immigrants may also be charged with criminal acts for crimes of necessity undertaken because of their undocumented status.
If you are an undocumented immigrant charged with a crime, your future ability to take part in legalization programs could be affected and, depending on the offense, you could face immediate deportation. It is imperative to speak with an attorney for help.
A New York City illegal immigration criminal defense attorney at Bukh Law Firm, PLLC can provide legal representation to try to help avoid conviction and remain within the United States.
Illegal Immigration Crimes
Federal law prohibits improper entry into the United States. 8 U.S. Code Section 1325 defines improper entry to include entering at a location not designated by immigration officers; eluding examination by immigration officers; or making false or misleading representations when entering or attempting to enter the country. Violation of this law could result in up to six months incarceration and a fine. A second conviction for this offense could result in two years incarceration.
Other federal laws also directly relate to illegal entry or living in the United States without valid immigration status. For example:
- 8 U.S. Code Section 1302 requires legal and illegal aliens to register, and to register their children. A failure to comply can result in up to six months jail time and a $1,000 fine. Procuring, or attempting to procure, registration through fraud is also a misdemeanor with the same potential consequences.
- 18 U.S. Code Section 758 prohibits high speed flight from an immigration checkpoint and imposes a penalty of up to five years incarceration.
- 8 U.S. Code Section 1323 prohibits bringing an undocumented alien into the United States from any location outside the country without valid travel documents.
Being in the country without valid immigration status can also make other illegal actions necessary. Other illegal immigration crimes could include:
- Falsely and willfully representing yourself as a U.S. citizen. Under 18 U.S. Code Section 911, penalties for this offense could include up to three years in prison. Telling an employer you are a citizen could give rise to charges.
- Making false or fraudulent statements and/or covering up material facts. Under 18 U.S. Code Section 1001, potential penalties include up to five years The inaccurate completion of an I-9 Employment Eligibility form could result in charges.
- Social Security fraud: Providing a fraudulent Social Security number to obtain government benefits or acquire a job can result in up to five years incarceration under 42 U.S. Code Section 408.
Both large and small legal violations may become necessary as a result of undocumented status. In addition to these serious offenses, illegal immigration crimes could also include things like driving without a license, as proof of citizenship is generally required to obtain a license to drive.
How a New York City Immigration Crimes Lawyer Can Help
When you are accused of any criminal act as an undocumented immigrant, including those unrelated to your immigration status, the stakes are much higher than for a citizen. Although you risk deportation and ineligibility for future amnesty programs, you do at least have Constitutional protections available to you when responding to your accusations.
A NYC criminal lawyer will help you protect your rights and do everything possible to avoid conviction. Contact an attorney at Bukh Law Firm, PLLC today for help.
