Alien smuggling charges
An alien smuggling charge means federal prosecutors say you brought a non-citizen into the United States outside a port of entry, or drove or moved someone who is here unlawfully. It is a federal charge, often filed after a stop near the border, at an airport, or on a highway. Do not explain who the passengers are or how you know them until you have a lawyer.
What the charge means
These cases usually start with a vehicle stop, a border crossing or a tip. Agents often question the driver and the passengers separately, and the passengers' statements become evidence. What you knew about the passengers' status, and why you were with them, are often the central questions.
Federal court
Federal law makes it a crime, among other things, to bring a non-citizen into the United States at a place other than a designated port of entry, or to transport or move a person unlawfully present within the United States [1]. The statute has several parts with different elements, so your lawyer will read exactly which subsection is charged.
These cases are brought in federal court. A person arrested in the United States must be taken without unnecessary delay before a magistrate judge, unless a statute provides otherwise [2].
What to do now
- Do not answer questions from agents about the passengers, the trip or any payment. Ask for a lawyer.
- Do not unlock your phone or consent to a search.
- Do not contact the passengers or anyone who arranged the trip.
- If you are not a U.S. citizen, tell your lawyer before any plea is discussed. The firm's site myimmigrationplea.com covers what a plea can mean for an immigration case.
For the steps ahead, use What happens next or the federal court page.
Common questions
I was only giving someone a ride. Can I be charged?
It depends on the facts, including what you knew. Tell your lawyer, not the agents, and read the federal section on this page.
I am not a U.S. citizen myself. Does that change anything?
It can change a great deal. Tell your lawyer right away, before any plea is discussed.
Sources
- 8 U.S.C. ยง 1324(a)(1)(A)(i), (ii) ("Bringing in and harboring certain aliens"). Current as of November 11, 2026. Official text
- Fed. R. Crim. P. 5(a)(1)(A). Current as of November 11, 2026. Official text
Arrested, or think you might be? Call before you answer any questions.
Call and tell us who was arrested or contacted and where the case is. A lawyer will tell you what happens next and what to do tonight. Please do not type what happened into a form or an email. We will talk about it on the phone.