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BP > Title 8 > Flashcards

Title 8 Flashcards

1
Q

a) any alien crewman who

b) willfully remains in the US in excess of the number of days allowed in the permit

A

8 USC 1282(c) Violation of conditional permit to land

-up to 6 months a/o fine

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2
Q

a) any alien 18 years or older who

b) does not carry a certificate of alien registration or alien registration receipt card issued under 8 USC 1304(d)

A

8 USC 1304(e) Personal possession of registration or receipt card
-up to 30 days a/o $100 fine

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3
Q

a) anyone who brings or attempts to bring an alien into the US
b) at an unauthorized location (non-POE)
c) knowing that the person is an alien (does not have to be illegal)

A

8 USC 1324(a)(1)(A)(i) Alien smuggling - Bringing in

  • up to 10 yrs a/o fine
  • commission of crime causes serious bodily injury to any person, or places the life of any person in jeopardy - up to 20 yrs a/o fine
  • commission of crime causes death of any person - any term up to death
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4
Q

a) anyone who knowingly or in reckless disregard of the fact that
b) an alien has come to, entered, or remains in the US illegally
c) transports, moves, or attempts to transport or move the alien within the US
d) in furtherance of the violation

A

8 USC 1324(a)(1)(A)(ii) Alien smuggling - Transporting in furtherance

  • up to 5 yrs a/o fine
  • commercial advantage or private financial gain - up to 10 yrs a/o fine
  • commission of crime causes serious bodily injury to any person, or places the life of any person in jeopardy - up to 20 yrs a/o fine
  • commission of crime causes death of any person - any term up to death
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5
Q

a) anyone who knowingly or in reckless disregard of the fact that
b) an alien has come to, entered, or remains in the US illegally
c) conceals, harbors, or shields from detection (or attempts) the alien in any place

A

8 USC 1324(a)(1)(A)(iii) Alien smuggling - Harboring illegal aliens

  • up to 5 yrs a/o fine
  • commercial advantage or private financial gain - up to 10 yrs a/o fine
  • commission of crime causes serious bodily injury to any person, or places the life of any person in jeopardy - up to 20 yrs a/o fine
  • commission of crime causes death of any person - any term up to death
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6
Q

a) anyone who encourages or induces an alien
b) to come to, enter, or reside in the US
c) knowing or in reckless disregard of the fact that
d) such coming to, entry, or residence is illegal

A

8 USC 1324(a)(1)(A)(iv) Alien smuggling - Encouraging or inducing

  • up to 5 yrs a/o fine
  • commercial advantage or private financial gain - up to 10 yrs a/o fine
  • commission of crime causes serious bodily injury to any person, or places the life of any person in jeopardy - up to 20 yrs a/o fine
  • commission of crime causes death of any person - any term up to death
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7
Q

a) anyone who conspires to commit a violation of 8 USC 1324(a)(1)(A)(i) through (iv)
OR
b) anyone who aids or abets the commission of 8 USC 1324(a)(1)(A)(i) through (iv)
Alien smuggling - bringing in, transporting, harboring, or encouraging

A

8 USC 1324(a)(1)(A)(v) Alien smuggling - Conspiracy

  • aids/abets - up to 5 yrs a/o fine
  • conspiracy to commit alien smuggling - up to 10 yrs a/o fine
  • commission of crime causes serious bodily injury to any person, or places the life of any person in jeopardy - up to 20 yrs a/o fine
  • commission of crime causes death of any person - any term up to death
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8
Q

a) anyone who knowingly or in reckless disregard of the fact that
b) an alien has not received prior official authorization to come to, enter, or reside in the US
c) brings, or attempts to bring such alien to the US

A

8 USC 1324(a)(2) Alien smuggling - Bringing to POE
-up to 1 yr a/o fine
If an alien is brought in:
a) with the intent or with reason to believe the alien will commit an offense punishable by more than 1 year imprisonment, offense: 1st or 2nd = 3 - 10 yrs, 3rd+ = 5 - 15 yrs
b) for the purpose of commercial advantage or private financial gain. 1st or 2nd = 3 - 10 yrs, 3rd+ = 5 - 15 yrs
c) not immediately to a designated POE. 1st or 2nd = up to 10 yrs, 3rd+ = 5 - 15 yrs

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9
Q

a) anyone who knowingly hires for employment
b) during a 12 month period
c) at least 10 individuals
d) with actual knowledge that the individuals are smuggled aliens (brought into the US in violation of 8 USC 1324(a))

A

8 USC 1324(a)(3) Knowing Employment of smuggled aliens

-up to 5 yrs a/o fine

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10
Q

where a person has brought aliens into the US in violation of 8 USC 1324(a), the sentence may be increased by up to 10 years if:

a) the offense was part of an ongoing commercial organization or enterprise, OR
b) the aliens were transported in groups of 10 or more AND
i) the aliens were transported in a manner that endangered their lives, OR
ii) the aliens presented a life-threatening health risk to people in the US

A

8 USC 1324(a)(4) Additional penalty for a violation of 8 USC 1324(a)

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11
Q

a) anyone who hires, or recruits or refers for a fee, for employment in the US
b) an alien
c) knowing the alien is not lawfully admitted for permanent residence or authorized to be so employed, OR
d) continues to employ such alien in the US, knowing the alien is (or has become) an unauthorized aline with respect to such employment

A

8 USC 1324a Unlawful employment of aliens

  • criminal - up to 6 months a/o fine up to $3,000 per alien
  • civil - fines decided by ICE
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12
Q

any alien who

a) enters or attempts to enter the US at any time or place other than a designated POE, or
b) eludes examination or inspection, or
c) attempts to enter or obtains entry to the US by a i) willfully false or misleading representation, or ii) the willful concealment of a material fact

A

8 USC 1325(a) Improper (illegal) entry by alien - Criminal

  • 1st offense, up to 6 months a/o fine
  • 2nd+ up to 2 yrs a/o fine
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13
Q

any alien who

a) enters or attempts to enter the US at any time or place other than a designated POE, or
b) eludes examination or inspection, or
c) attempts to enter or obtains entry to the US by a i) willfully false or misleading representation, or ii) the willful concealment of a material fact

A

8 USC 1325(b) Improper (illegal) entry by alien - Civil
-1st offense, $50 - $250 fine
-2nd+ $100 - $500 fine
civil penalties are in addition to criminal penalties

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14
Q

anyone who

a) knowingly enters into a marriage
b) for the purpose of evading any provision of the immigration laws

A

8 USC 1325(c) Marriage fraud

-up to 5 yrs a/o up to $250,000 fine

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15
Q

anyone who

a) knowingly establishes a commercial enterprise
b) for the purpose of evading any provision of the immigration laws

A

8 USC 1325(d) Immigration-related entrepreneurship fraud

-up to 5 yrs a/o fine

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16
Q

any alien who

a) has been denied admission, excluded, deported, or removed, or has departed the US while under an order of exclusion, deportation, or removal is outstanding, and thereafter
b) enters, attempts to enter, or is at any time found in the US
c) unless i) prior to the alien traveling to the US, the Attorney General expressly consented to the alien’s reapplication for admission, or ii) the alien establishes he or she was not required to obtain advanced consent

A

8 USC 1326 Reentry of removed aliens

  • up to 2 yrs a/o fine
  • depending on reasons for and circumstances of original removal - up to 20 yrs
17
Q

anyone who

a) knowingly aids or assists an alien inadmissible as a criminal (INA 212(a)(2)) or security threat (INA 212(a)(3)) OR
b) connives (secretly allows) or conspires with any person to allow, procure, or permit such an inadmissible alien
c) to enter the US

A

8 USC 1327 Aiding or assisting certain aliens to enter the US
-up to 10 yrs a/o fine

18
Q

anyone who

a) imports or attempt to import into the US an alien
b) for the purpose of prostitution or for any other immoral purpose
c) or to hold, keep, maintain, control, support, employ, or harbor any alien for such immoral purpose

A

8 USC 1328 Importation of alien for immoral purpose

-up to 10 yrs a/o fine

BP (9 decks)

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