Alien Smuggling
 Unlike human trafficking which
often involves force or exploitation, human smuggling, also referred to as alien
smuggling, is generally voluntary. There are a myriad of reasons why individuals
desire to live in a different country. Sometimes, individuals desire to raise
their standard of living. A work permit is
required for immigrants to be employed in the US, which can be difficult to
attain. Other reasons why individuals immigrate to the U.S. include a desire to be reunited with family
in the U.S. or as an asylum refugee, seeking political
freedom. Many immigrants that subject themselves to alien smuggling,
or human smuggling, basically desire to improve their current situation. The
price of smuggling can range from hundreds of dollars to thousands of dollars
per individual. When illegal immigrants attempt to cross the border their lives
are also at stake. On a global level it is estimated that alien smugglers make almost $10 billion annually. One of the most popular destinations
for alien or human smuggling is the
United States. Illegal immigrants who cross the U.S.-Mexico border through the
desert or mountains tend to be guided by an individual who is usually referred
to as a coyote. A coyote is more knowledgeable about what paths to take to get
across the border and knows the “tricks of the trade.” Coyotes work
independently or may be part of a bigger network. Payment to human smugglers may
be made upfront or after the individual trying to
cross the border reaches their final destination. Some alien smugglers or
coyotes make a living from getting illegal immigrants across the border because
it is a lucrative and growing business. Other smugglers do this on a part-time
basis to supplement their income.
Most alien smugglers or coyotes conduct their business in an ethical manner, but
there are those who will occasionally strand illegal immigrants attempting to
cross the border. These cases most likely occur in the mountains or deserts near
the U.S.-Mexico border. Thousands of illegal immigrants have died from
dehydration in the Arizona desert as a result of being stranded by their coyotes
or getting lost. There have even been cases where the coyotes have killed the
illegal immigrants because they could not afford to render payment for the
service provided. Illegal immigrants crossing the U.S.-Mexico border can expect
to pay anywhere from $1,500 to $3,500, sometimes less or more depending on the
smuggler. Other methods that human smugglers use to transport illegal immigrants
are tractor-trailers, railroad cars and vessel cargo containers. Sometimes the
voyage may last hours and other times even weeks. Food, water and space are
limited and the conditions faced by the immigrants tend to be unpleasant.
Coyotes are not the only ones involved in alien smuggling. There are some
corrupt Border Patrol agents that smuggle immigrants as well. Last month two
U.S. Customs and Border Protection officers working at the San Ysidro Port of
Entry in California along with seven suspected ring members were arrested for
smuggling immigrants. Richard Elizalda, who was among those arrested, had been a U.S.
Customs and Border Protection officer for nine years. Authorities discovered
that he had been allowing cars with illegal immigrants to enter the U.S., without asking for any
documentation at his inspection lane. The ring had been operating for the last
two years and Elizalda received up to $1,000 for each illegal immigrant that he
allowed through. There are many measures in place at the inspection booths to
prevent corrupt behavior such as rotating officers among booths. The U.S. Customs
and Border Protection prohibit cell phone usage to prevent communication among
officers and ring members, yet they still manage to smuggle immigrants.
Nonetheless, at some point corrupt officers usually get caught.
The penalties for alien smuggling can be found in Section 274 of the Immigration and
Nationality Act, under the former Immigration and Naturalization Service, or
INS. After the Illegal Immigration Reform and Immigrant
Responsibility Act of 1996 was introduced the number of sentences for smuggling
offenses has risen. When smugglers are caught, some of the charges they can face
include conspiracy, harboring, and transporting illegal aliens into the
country. Each possible charge is considered a felony. If the smugglers are found
guilty, each felony could result in up to 10 years in federal prison. Some argue
that the current sentences for smuggling offenses are not strict enough. Under
the immigration reform bill of the House of Representatives, the sentences for
smuggling offenses would be stricter. For example, previously one smuggler was sentenced to
37 months for the death of one illegal immigrant
and the serious injury of 12
illegal immigrants who were being transported in a Suburban that crashed. The
bill under the House of Representatives would make that type of sentence anywhere from a mandatory 10 years
to possible life in federal prison. However, U.S. laws also limit the sentencing of
international smugglers due to national jurisdiction treaties.
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