Announcement

Collapse
No announcement yet.

What are the legal penalties for having a passenger in your car...

Collapse
X
  • Filter
  • Time
  • Show
Clear All
new posts

  • What are the legal penalties for having a passenger in your car...

    What are the legal penalties for an American driver, having a passenger in your car who has a legal state issued drivers license, no criminal record, but is an illegal alien, and the passenger is caught at an US-Mexico border crossing? This person has not charged any monies for the crossing and no contraband is in the vehicle? Does the American driver face arrest?

  • #2
    What are the legal penalties for an American driver, having a passenger in your car who has a legal state issued drivers license, no criminal record, but is an illegal alien, and the passenger is caught at an US-Mexico border crossing? This person has not charged any monies for the crossing and no contraband is in the vehicle? Does the American driver face arrest?

    Comment


    • #3
      That sure sounds like it could be interpreted as assisting an alien cross the border illegally, a clear violation of the border control. I doubt it would happen but I do think the entry officers have a valid ground for arrest if they do decide to act on it. Smuggling illegal aliens are a serious offense.

      Comment


      • #4
        My question is how did the illegal alien get a legal state issued drivers license? And are you nuts thinking the American driver won't get in trouble? Not sure where you're coming from, but if you're the one trying to drive the illegal across the border, beware!

        Comment


        • #5
          Which way were you going, US to Mexico or Mexico to US ?

          Comment


          • #6
            The Real ID Act will finally put an end to the nonsense of illegals having state-issued identification.

            When will illegals realize that they're NOT wanted in America?

            Comment


            • #7
              <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by flaca226:
              What are the legal penalties for an American driver, having a passenger in your car who has a legal state issued drivers license, no criminal record, but is an illegal alien, and the passenger is caught at an US-Mexico border crossing? This person has not charged any monies for the crossing and no contraband is in the vehicle? Does the American driver face arrest? </div></BLOCKQUOTE>
              He'd be interrogated but doubtful he'll be arrested. If the illegal alien is returning to the U.S. he'll be detained and held on Mexico side regardless if he has a state-issued identification. Border patrol might seize his identification but if he illegally returns later he can then get a duplicate. If he could go back and forth legally then many other illegals would be doing the same but it's illegal.
              About 18 years ago a friend and I were going across U.S.-Mexico border (I was driving my friend's car) and when the officer checked our i.d. I was relatively quiet and he became suspicious although I didn't look typically Mexican. The upshot was that the patrol wasn't interested in my friend who was a passenger, they were interested in me thinking I was illegaly trying to cross. I was checked out at dock 13 and after all my i.d.'s were proven okay, we were permitted to go ahead and cross border into U.S. They didn't have much interest in my friend because it was me that they thought was illegal. As of today, there is much more scrutiny as far as smuggling and they are primarily searching for those that are running large smuggling rings, not so much someone such as the American citizen you speak of who can explain himself most likely.

              Comment


              • #8
                They could impound the vehicle tho!!!

                Comment


                • #9
                  ntfd3,
                  Would they impound the vehicle even if they didn't detain the U.S. citizen? Why take the vehicle and not the person? (Well, in Mexico, it's probably worth more to them. Aye.)

                  Comment


                  • #10
                    the illegal Mexicans and others, have real "factories" on every port of entry in the US. They manufacture fake ID's, Driver's Licenses, birth certificates, death certificates, anything you want. With the new technology and the assistance of the Colombian cartel I salute our patrol officers for kicking their behinds everytime they arrest them.
                    to Rambo and every damm illegal alien in the U.S. GET THE HELL OUT OF HERE!!! Your own countries are supposed to support you, THEY have an OBLIGATION with you, not us, when will you get it thru your sick skulls. We have MILLIONS of people who SHOULD

                    Comment


                    • #11
                      We need a National Identity Card, one card, to be used in every State, we have to close every door, every access to the primitives that trash our country. And I haven't mentioned what the FCC should be doing in regards to radio, tv and prints that these people ab-use for their benefit. If you are a polyglot like I am then you know what I'm talking about.
                      to Rambo and every damm illegal alien in the U.S. GET THE HELL OUT OF HERE!!! Your own countries are supposed to support you, THEY have an OBLIGATION with you, not us, when will you get it thru your sick skulls. We have MILLIONS of people who SHOULD

                      Comment


                      • #12
                        <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by SICKOFILLEGALS:
                        the illegal Mexicans and others, have real "factories" on every port of entry in the US. They manufacture fake ID's, Driver's Licenses, birth certificates, death certificates, anything you want. With the new technology and the assistance of the Colombian cartel I salute our patrol officers for kicking their behinds everytime they arrest them.
                        </div></BLOCKQUOTE>
                        On every port, in every town, city and state lest you forget.

                        Comment


                        • #13
                          I know someone (not a citizen, but an LPR) who is facing criminal charges (and deportation) for helping his dimwit brother try to illegally cross the Canadian border. No money was involved, and no fake identification. I would beware.
                          Note: This is not legal advice. For legal advice contact a competent immigration attorney. http://asylumlaw.blogspot.com

                          Comment


                          • #14
                            quite a common practice to impound the vehicles used in a criminal act!!!! Not just in Mexico!

                            You can actually get them quite cheap when they auction them off!!

                            Comment


                            • #15
                              Thank you to all who read my post and posted.

                              To clear some ambiguities in my story I will try provide further information.

                              The American would drive iinto Mexico alone, and re-enter USA with the illegal alien in passenger side with state issued ID. This person got the state issued id by going to the DMV while he was here (in USA) an earlier time.

                              I am NOT thinking of doing, but a co-worker stated they were thinkiin of doing it by helping this person out, I wanted to let her know the legal ramifications of her actions before she did it. I searched the web , here is what I found
                              To amend section 274 of the Immigration and Nationality Act to impose mandatory minimum sentences, and increase certain sentences, for bringing in and harboring certain aliens and to amend title 18, United States Code, to provide enhanced penalties for persons committing such offenses while armed.

                              Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

                              SECTION 1. MANDATORY MINIMUM SENTENCES FOR BRINGING IN AND HARBORING CERTAIN ALIENS.
                              Section 274(a)(1)(B) of the Immigration and Nationality Act (8 U.S.C. 1324(a)(1)(B)) is amended to read as follows:

                              `(B)(i) Except as provided in clauses (ii) and (iii), a person who violates subparagraph (A) shall--

                              `(I) in the case of a violation of subparagraph (A)(i) or (v)(I) or in the case of a violation of subparagraph (A)(ii), (iii), or (iv) in which the offense was done for the purpose of commercial advantage or private financial gain, be fined under title 18, United States Code, imprisoned not less than 2 years nor more than 10 years, or both;

                              `(II) in the case of a violation of subparagraph (A)(ii), (iii), (iv), or (v)(II) be fined under title 18, United States Code, imprisoned not less than 1 year nor more than 5 years, or both;

                              `(III) in the case of a violation of subparagraph (A)(i), (ii), (iii), (iv), or (v) during and in relation to which the person causes serious bodily injury (as defined in section 1365 of title 18, United States Code) to, or places in jeopardy the life of, any person, be fined under title 18, United States Code, imprisoned not less than 5 years nor more than 25 years, or both; and

                              `(IV) in the case of a violation of subparagraph (A)(i), (ii), (iii), (iv), or (v) resulting in the death of any person, be punished by death or imprisoned for any term of years or for life (but not less than 20 years), fined under title 18, United States Code, or both.

                              `(ii) In the case of a violation of subparagraph (A) after 1 prior conviction for any other violation of subparagraph (A) has become final, the minimum term of imprisonment shall be not less than two times the minimum term specified in clause (i).

                              `(iii) In the case of a violation of subparagraph (A) after 2 or more prior convictions for any other violations of subparagraph (A) have become final, the minimum term of imprisonment shall be not less than five times the minimum term specified in clause (i).'.

                              SEC. 2. ENHANCED PENALTIES FOR PERSONS COMMITTING OFFENSES WHILE ARMED.
                              Section 924(c)(1) of title 18, United States Code, is amended--

                              (1) in subparagraph (A)--

                              (A) by inserting after `device)' the following: `or any violation of section 274(a)(1)(A) of the Immigration and Nationality Act'; and

                              (B) by striking `or drug trafficking crime--' and inserting `, drug trafficking crime, or violation of section 274(a)(1)(A) of the Immigration and Nationality Act--'; and

                              (2) in subparagraph (D)(ii), by striking `or drug trafficking crime' and inserting `, drug trafficking crime, or violation of section 274(a)(1)(A) of the Immigration and Nationality Act'.

                              END

                              After deciphering the legal double talk, I still couldn't get a clear answer and found this forum so decided to pose the question to you all.
                              As I am still not clear on what would happen- (will she be arrested?, will the car be impounded?) I think it unwise
                              .

                              Comment



                              Working...
                              X