Human Smuggling/Human Trafficking

Question 1

Al Lien is a Canadian who has no right to be present in the United States. While in Rossland, Canada, he meets Baker, a U.S. citizen who is driving back to his home in Colville, Washington. Despite knowing that Al is not allowed to enter the United
States, Baker tells Al that he needs someone to help on his farm and offers to pay Al. Al agrees. With what crime can Baker be charged?

a. 8 U.S.C. § 1324(a)(1)(A)(i) – Bringing in an alien at an unauthorized location
b. 8 U.S.C. § 1324(a)(1)(A)(iii) – Concealing, harboring, or shielding illegal aliens
c. 8 U.S.C. § 1324(a)(1)(A)(iv) – Encouraging and enticing alien to enter
d. 8 U.S.C. § 1327 – Aiding or assisting certain aliens to enter

Answer 1

c. 8 U.S.C. § 1324(a)(1)(A)(iv) – Encouraging and enticing alien to enter

Question 2

Frank was paid to drive 14 undocumented aliens across the border from Mexico into the United States. He does so between the ports of entry at Naco and Douglas, Arizona. Which criminal statute has Frank violated?

a. 8 U.S.C. § 1324(a)(1)(A)(i) – bring in an alien at an unauthorized location.
b. 8 U.S.C. § 1324(a)(1)(A)(ii) – transport an alien in furtherance of the alien’s illegal presence.
c. 8 U.S.C. § 1324(a)(1)(A)(iii) – concealing, harboring, or shielding illegal aliens.
d. 8 U.S.C. § 1324(a)(1)(A)(iv) – encouraging or inducing as alien to come to, enter, or reside in the United States In violation of law.

Answer 2

a. 8 U.S.C. § 1324(a)(1)(A)(i) – bring in an alien at an unauthorized location.

Question 3

Dexter was previously deported from the United States in 2002. Without obtaining permission from the Attorney General to re-enter the United States Dexter smuggles himself into the United States by hiding in the trunk of car driven through the Nogales, Arizona port of entry. What crime has Dexter committed?

a. 8 U.S.C. § 1328 – Importation of alien for immoral purposes
b. 8 U.S.C. § 1324(a) – Bringing in an alien at an unauthorized location
c. 18 U.S.C. § 758 – High speed flight from an immigration checkpoint
d. 8 U.S.C. § 1326 – Illegal reentry by an alien

Answer 3

d. 8 U.S.C. § 1326 – Illegal reentry by an alien

Question 4

Servitude

Answer 4

• a condition in which one lacks liberty especially to determine
  one’s course of action or way of life
• Voluntary

Question 5

Involuntary Servitude

Answer 5

• Involuntary
• means action by master causing servant to have, or to believe he has, no way to avoid continued service or confinement
• Does not involve a debt

Question 6

Peonage

Answer 6

form of involuntary servitude in which the person needs to pay off a debt.

Question 7

Sanjeev owes Andre $5,000. Sanjeev has no way of paying that amount of money to Andre, so Andre and Sanjeev agree that Sanjeev will work off the debt. During that time, Sanjeev is under the complete control of Andre

What is this?

Answer 7

• 18 U.S.C. § 1581 – Peonage; obstructing enforcement.

Question 8

Julian ran into some financial problems in Italy. He owed a large sum to Franco and Franco told Julian that he could work off his debt in the U.S. Franco required Julian to pay back $200 a week. Franco took Julian to the U.S. and told Julian to work at Rocco’s Stone and Gravel Emporium. In order to work at Rocco’s, Julian needed to rent tools. Strangely enough, the weekly tool rentals cost roughly the same amount that Julian owed Franco. In this instance, Rocco benefited financially from Julian’s peonage because of the tool rental.

What did Rocco commit?

Answer 8

18 U.S.C. § 1593A – Benefiting financially from peonage, slavery, and trafficking in persons

Question 9

Joey Piscatello has a dry cleaning business at which he employs 6 undocumented alien workers from Honduras. When the 6 came to work for him they were chained together and remain chained to either the cleaning machines or to their cots in the back room when they are not working. He also threatens them with harming their relatives in Honduras if they try to escape or tell the authorities about their situation. What crime is Joey committing?

a. 18 U.S.C. § 1589 – forced labor
b. 8 U.S.C. § 1328 – entry for immoral purposes
c. 18 U.S.C. § 1001 – false statement
d. 18 U.S.C. § 1591 – sex trafficking of children

Answer 9

a. 18 U.S.C. § 1589 – forced labor

Question 10

While executing a search warrant on a known drug dealer’s home, HSI SAs found four women who were dressed in tattered clothes and had various bruises on their bodies. When questioned, the women stated they worked for the homeowner. They further admitted to the SAs that they had come to the U.S. to visit the homeowner’s sister but ran out of money and borrowed some from the homeowner. As a result, the homeowner would not allow them to leave and told them they had to perform various chores at his home until their debts had been satisfied. With what crime can the homeowner be charged?

a. 18 U.S.C. § 1203 – Hostage taking
b. 18 U.S.C. § 1581 – Peonage
c. 18 U.S.C. § 1590 – Trafficking for peonage
d. 18 U.S.C. § 1591 – Trafficking by force, fraud, or coercion for sexual purposes