What is Section 1324? Understanding the Smuggling/Harboring Federal Crime

From the introduction:

“Section 1324 makes it a crime for people to bring in, transport, conceal, harbor, shield from detection, or encourage or induce people who are not U.S. citizens to come into or stay in the United States without authorization. This community explainer breaks down the different parts of this law.

We do not yet know exactly how this administration will use the smuggling law, but we do know that the first Trump administration increased prosecutions of people under this federal law. We know that the federal government can use the threat of an investigation and prosecution to target immigrant families and to chill and retaliate against humanitarian efforts, immigrant organizing, know-your-rights initiatives, and political dissent.

This explainer includes general information about Section 1324, including a breakdown of its different parts, and answers some basic questions about how it can be used. The National Immigration Project will be providing more resources on this topic as we learn more about how things are playing out on the ground. This explainer only discusses the federal smuggling crime. A number of states also have or are trying to pass state laws criminalizing smuggling. Those laws are not discussed here. Also note that this explainer generally refers to someone who entered or stayed in the United States without authorization as ‘undocumented.'”