Why Isn’t Paying Smugglers Its Own Federal Crime?
Congress should take the U.N.’s advice and cut smuggling off at the source to protect ‘the most vulnerable migrants’
By Andrew R. Arthur on February 3, 2023
There are any number of immigration-related federal crimes, from “bringing in and harboring” illegal aliens under section 274 of the Immigration and Nationality Act (INA), to “improper entry by aliens” under section 275 of the INA, to illegal reentry under section 276 of the INA, to “importation of an alien for an immoral purpose” under section 278 of the INA, and countless others. We know that individuals who are residing in the United States are paying smugglers to bring aliens in illegally, but there’s no specific crime punishing that activity. There should be.
“Aiding and Abetting” and Pinkerton Liability. At the outset, I should note that it’s not like American residents (including aliens unlawfully here) who pay smugglers to bring aliens aren’t breaking the law.
Under the federal criminal code at 18 U.S.C. § 2, anyone who “aids, abets, counsels, commands, induces or procures” an offense against the United States is as liable as the individual who commits that offense. A smuggler who “brings to or attempts to bring to the United States” an alien “at a place other than a designated port of entry” commits a felony under section 274(a)(1)(A)(i) of the INA, and thus the person who pays that smuggler is equally culpable under 18 U.S.C. § 2.
Similarly, under the rule announced by the Supreme Court in Pinkerton v. U.S., anyone who enters into a conspiracy to violate federal law is liable for any of the acts committed by a co-conspirator in furtherance of that conspiracy, provided that the individual did not attempt to withdraw from the conspiracy.
https://cis.org/Arthur/Why-Isnt-Paying-Smugglers-Its-Own-Federal-Crime
