Immigration Crimes II
This lesson will cover smuggling offenses (smuggling, transportation, and harboring) as well as what happens when the government removes noncitizen witnesses before trial.
An earlier lesson addressed the primary immigration crimes, including the elements that the prosecution must prove to convict defendants of those crimes. This lesson will discuss some common defenses to those offenses. Some of these defenses are raised in pretrial motions to dismiss the indictment, while others are raised at trial.
I. Defenses to Illegal Reentry Offense
Let’s begin with common defenses to illegal reentry by a previously deported noncitizen. There are two such...