Immigration-related criminal charges are among the most aggressively prosecuted federal offenses in the United States—especially in border states like Texas. These cases involve complex intersections between criminal law and immigration law, with penalties that can include prison time, heavy fines, deportation, and permanent bars to returning to the U.S.

At The Law Offices of Thomas J. McHugh, PLLC, we defend clients throughout San Antonio and across Texas against federal immigration crimes, including illegal reentry, immigration fraud, and smuggling. Understanding the nature of these charges is the first step toward building a strong defense.

Illegal Reentry After Deportation: One of the Most Serious Immigration Offenses

Illegal reentry—returning to the U.S. after being deported—is one of the most heavily prosecuted federal crimes.

What Counts as Illegal Reentry?

You can be charged if you:

• Reentered the U.S. after being deported or removed
• Attempted to reenter without permission
• Were found inside the U.S. without authorization after a prior removal

Penalties Can Be Extremely Severe

Depending on your history, penalties may include:

• Up to 2 years in federal prison for basic reentry
• Up to 10 years for reentry after certain non-violent convictions
• Up to 20 years for reentry after an aggravated felony
• Mandatory deportation after serving your sentence

These cases move quickly and often involve ICE, DHS, and the Department of Justice working together to prosecute alleged offenders.

Immigration Fraud: Misrepresentation, False Documents, and Marriage Fraud

Immigration fraud covers a wide range of allegations, many of which carry long-lasting immigration and criminal consequences.

Common Types of Federal Immigration Fraud

• False statements on visa or green card applications
• Marriage fraud (entering a marriage to obtain immigration benefits)
• Submitting fake or forged documents
• Using someone else’s identity
• Fraudulent work permits or Social Security numbers

Possible Consequences

• Federal prison time
• Permanent inadmissibility
• Revocation of immigration benefits
• Removal (deportation) proceedings
• Lifetime bar on citizenship

Many fraud cases hinge on whether the person knowingly committed fraud. Lack of intent can be a strong defense.

Smuggling and Harboring Offenses: Heavy Penalties Under Federal Law

Smuggling, transporting, or harboring undocumented individuals is prosecuted aggressively in federal court—especially in Texas.

You may be charged if you allegedly:

• Assisted someone entering the U.S. unlawfully
• Transported undocumented individuals
• Provided shelter or resources to undocumented individuals
• Helped someone evade detection by federal authorities

Penalties Are Serious

• Up to 10 years for basic smuggling
• Up to 20 years if the offense caused injury
• Up to life in prison if it resulted in death
• Substantial fines and forfeiture

Some people are charged simply for helping friends or family—without understanding the legal consequences.

Other Immigration-Related Federal Crimes

Federal prosecutors also pursue a range of related offenses, including:

• False claims of U.S. citizenship
• Identity fraud for employment
• Use of fake Social Security numbers
• Document fraud involving passports or visas
• Conspiracy charges linked to immigration violations

These charges often trigger automatic removal and permanent immigration consequences.

Defending Immigration-Related Criminal Charges

These cases are highly complex because they touch both criminal and immigration law. A strategic defense may involve:

Challenging the Government’s Evidence

• Were your statements obtained unlawfully?
• Was the search or arrest constitutional?
• Did the government fail to prove intent?

Exposing Procedural Errors

• Violations of due process
• DHS or ICE mistakes
• Misidentification or unclear records

Negotiating to Avoid Immigration Consequences

Sometimes a plea to a different charge can prevent:

• Deportation
• Permanent bars to reentry
• Loss of future benefits

Collaborating with Immigration Counsel

In many cases, protecting your criminal rights also protects your immigration status.

Why You Need an Experienced Federal Defense Attorney

Immigration-related crimes are federal matters—meaning you need an attorney experienced in federal court, federal sentencing, and federal investigative tactics.

At The Law Offices of Thomas J. McHugh, PLLC, we:

• Defend clients facing illegal reentry, fraud, and smuggling charges
• Challenge unconstitutional searches, interrogations, and detentions
• Build strong mitigation strategies
• Work to reduce charges or seek dismissals
• Protect clients from harsh immigration consequences whenever possible

Federal prosecutors move quickly. Early intervention is critical.

Speak With a San Antonio Immigration Crimes Defense Attorney Today

If you or a loved one is facing immigration-related criminal charges, do not try to handle the situation alone. These cases can impact your freedom, your status, and your future in the U.S.