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    Post: Smuggling Illegal Aliens - case in Arizona

    Posted by Rachel on 9/09/07

    I am a criminal defense attorney in Arizona, and I have a
    client who has been charged with Smuggling. The statute
    is as follows:

    13-2319. Smuggling; classification; definitions

    A. It is unlawful for a person to intentionally engage in
    the smuggling of human beings for profit or commercial

    2. "Smuggling of human beings" means the transportation or
    procurement of transportation by a person or an entity
    that knows or has reason to know that the person or
    persons transported or to be transported are not United
    States citizens, permanent resident aliens or persons
    otherwise lawfully in this state.

    Here is my question: The prosecutor has informed me that
    he doesn't know if the illegal immigrants have been
    deported yet or not and that he has not yet received
    anything from immigration to show that they were in fact
    illegal. If they have been deported - how would the
    prosecutor be able to prove they were illegal? Could he do
    so with documentation? This is a fairly new statute, so
    there's not much on it.

    Posts on this thread, including this one
  • Smuggling Illegal Aliens - case in Arizona, 9/09/07, by Rachel.

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