South Carolina is bringing in or harboring aliens in several ways. The most common way is through employment by a South Carolina employer. Employers must obtain a valid work authorization document from the US Department of Homeland Security before hiring a foreign worker. Employers must also register with the US Citizenship and Immigration Services and follow all required employment verification procedures. South Carolina is also a party to the Refugee Resettlement Program, which provides safe haven and assistance to refugees from around the world. Through this program, refugees are provided with medical and mental health services, educational opportunities, legal assistance, and job training. Additionally, undocumented immigrants may be offered temporary protection from deportation if they meet certain criteria. This is known as Deferred Action for Childhood Arrivals (DACA). DACA recipients must meet certain education or military service requirements and pass a background check. Finally, South Carolina is a target for human trafficking, which is the exploitation of people for labor or sex. Traffickers often target immigrants, especially those who are undocumented, and force them into labor or sex work. South Carolina has several laws in place to combat human trafficking, including the South Carolina Human Trafficking Act.
South Carolina BRINGING IN OR HARBORING ALIENS
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Subsection 1324(a)(1)(i)-(v) prohibits alien smuggling, domestic transportation of unauthorized aliens, concealing or harboring unauthorized aliens, encouraging or inducing unauthorized aliens to enter the United States, and engaging in a conspiracy or aiding and abetting any of the preceding acts.
At a minimum, human smuggling is a felony in the third-degree, carrying fines up to $10,000 and a prison term between two and 10 years.
If a smuggler brings an illegal immigrant over at a non-designated point of entry, they are liable to pay a fine, be imprisoned for up to 10 years, or both.
Alien Smuggling: If you are convicted of illegal alien smuggling in federal court, you face a maximum of 10 years in federal prison. If, during and in relation to the offense, you cause serious bodily injury or put in jeopardy the life of any person, the penalty can be increased to a maximum of 20 years.
Harboring unauthorized aliens under subsection 1324(a)(1)(A)(iii) makes it a crime to harbor, shield, or conceal an unauthorized alien knowingly. Harboring includes providing shelter or other assistance (financial, food, etc.).
Smuggling illegal immigrants is a federal crime in the United States. Here, we will review the consequences of the person found smuggling immigrants. For more information about removal proceedings and unlawful entry penalties for noncitizens, click on the links.
The average guideline minimum was 19 months in fiscal year 2018, down two months from fiscal year 2014. The average sentence was 16 months in fiscal year 2018, down two months from fiscal year 2014. §§2L1. 1 (Smuggling, Transporting or Harboring an Unlawful Alien), 2L1.
In addition, a conviction for alien smuggling will subject the alien to removal from the United States and will be considered an aggravated felony unless the conviction is for the alien's first offense and the smuggling involved the transportation of the alien's spouse, parent, or child to the United States.