Federal immigration charges can have serious consequences, including imprisonment, fines, and potential deportation. These cases often involve allegations of immigration fraud, unlawful reentry, visa violations, or drug-related offenses that intersect with immigration status.
When the federal government prosecutes these cases, the penalties are severe, and the legal process is complex. Defending against federal immigration charges requires a strong legal strategy, an understanding of both criminal and immigration law, and aggressive representation. Our firm is committed to protecting our clients’ rights and helping them fight these charges under both federal and Illinois law.
Common Federal Immigration Charges And Their Legal Consequences
Under federal law, immigration-related offenses often fall under 8 U.S.C. § 1324, 1325, and 1326, which address unlawful entry, reentry after deportation, and smuggling of undocumented individuals. These charges can result in significant penalties, including:
- Unlawful Entry or Reentry (8 U.S.C. § 1325, 1326) – Individuals who enter the U.S. without authorization or reenter after deportation may face up to two years in prison for a first offense and up to 20 years for multiple offenses.
- Immigration Fraud (18 U.S.C. § 1546) – Providing false information on immigration documents or engaging in marriage fraud can lead to criminal charges, fines, and removal proceedings.
- Harboring or Transporting Undocumented Individuals (8 U.S.C. § 1324) – Assisting or hiding undocumented individuals can lead to severe penalties, including a prison sentence of up to 10 years.
- Drug-Related Immigration Offenses – Under 21 U.S.C. § 841 and Illinois drug laws (720 ILCS 570/100 et seq.), drug-related offenses can lead to removal proceedings and criminal charges. A conviction for a drug crime can result in mandatory detention and bar individuals from obtaining lawful immigration status.
Defense Strategies For Federal Immigration Charges
1. Challenging The Evidence
Federal prosecutors must prove their case beyond a reasonable doubt. If evidence was obtained unlawfully or through improper procedures, we can challenge its admissibility in court.
2. Asserting Constitutional Rights
Immigration enforcement often involves constitutional violations, such as unlawful searches, seizures, and racial profiling. If law enforcement violated constitutional protections under the Fourth Amendment, we may be able to suppress evidence.
3. Arguing Lack Of Criminal Intent
Some immigration offenses require proof that the accused acted with criminal intent. If an individual did not knowingly violate immigration laws, we can argue for reduced charges or dismissal.
4. Negotiating Plea Agreements Or Alternative Sentencing
When appropriate, we work to negotiate plea deals that reduce penalties or seek alternatives such as probation, deferred prosecution, or waivers under immigration law.
5. Fighting Drug-Related Charges That Impact Immigration Status
Drug offenses have severe immigration consequences. Under 720 ILCS 570/401, even minor drug convictions can lead to removal. We work to get charges reduced, dismissed, or reclassified to avoid triggering immigration penalties.
FAQs About Federal Immigration Charges
Can a drug conviction lead to deportation?
Yes. Any controlled substance conviction, other than a single offense for possession of marijuana under 30 grams, can result in deportation. Illinois law also imposes harsh penalties for drug offenses, making it critical to fight these charges.
What should I do if I am arrested for an immigration-related offense?
Remain silent and request a lawyer immediately. Do not sign any documents or provide statements without legal counsel. Federal prosecutors may use anything you say against you.
Can I avoid a conviction if I am charged with unlawful reentry?
It depends on the circumstances. Defenses such as lack of intent, errors in immigration records, or constitutional violations can be used to fight unlawful reentry charges.
How can a lawyer help with immigration fraud charges?
We can challenge the government’s evidence, argue that there was no intent to commit fraud, and explore plea deals that minimize immigration consequences. Under 18 U.S.C. § 1546, the prosecution must prove that a person knowingly submitted false information.
Is there a way to challenge a removal order based on a criminal conviction?
Yes. Depending on the circumstances, post-conviction relief, appeals, or waivers may be available. We can assess whether prior convictions can be vacated or whether relief under 8 U.S.C. § 1229b is possible.
Call Our Chicago Federal Defense Lawyers For A Free Consultation
At Edward Johnson & Associates, we understand how serious federal immigration charges can be. Our legal team is committed to defending individuals facing prosecution and protecting their rights in both criminal and immigration courts. If you or a loved one is facing federal immigration charges, immediate legal action is critical.
Contact our Chicago federal defense lawyer at Edward Johnson & Associates P.C. to receive a free consultation by calling 708-762-8666. Our office is located in Chicago, Illinois, and we represent clients throughout the entire Chicagoland metro area. Do not wait to get the legal defense you need—let us fight for you.