Bringing in and Harboring Aliens Lawyer Bergen County — What Are Your Defenses?
Charges for bringing in and harboring aliens in Bergen County are serious federal offenses under 8 U.S.C. § 1324, carrying severe penalties including lengthy prison sentences and substantial fines. A conviction can lead to deportation and a permanent criminal record. The Law Offices Of SRIS, P.C. provides experienced defense for individuals accused of alien smuggling and harboring.
Understanding Federal Harboring and Smuggling Laws
Federal law strictly prohibits bringing unauthorized aliens into the United States and concealing or harboring them. The primary statute is 8 U.S.C. § 1324, which defines several distinct but related crimes. “Bringing in” refers to knowingly transporting or attempting to transport an alien across U.S. borders. “Harboring” means concealing, shielding, or housing an alien from detection, including within a residence or business. “Transporting” involves moving an alien within the U.S. to further their illegal presence. Prosecutors must prove you acted knowingly or in reckless disregard of the person’s illegal status. Defenses often challenge this knowledge element or the voluntariness of your actions.
Last verified: April 2026 | Superior Court of NJ, Bergen Vicinage | U.S. Code § 1324
Official Legal Resources
For the full text of the federal statute, see 8 U.S.C. § 1324 (Cornell Legal Information Institute). For local federal court procedures in New Jersey, visit the U.S. District Court for the District of New Jersey website.
handling a Harboring or Smuggling Case in Bergen County
Federal immigration charges in New Jersey are prosecuted in the U.S. District Court for the District of New Jersey, which has a Newark location that handles cases from Bergen County. These cases are demanding, often involving joint investigations by ICE, Homeland Security Investigations (HSI), and sometimes local police. An early and strategic defense is critical. Prosecutors may use financial records, communications, and witness testimony to build their case. A bringing in and harboring aliens lawyer Bergen County from our firm can analyze the evidence for weaknesses, such as lack of knowledge or unlawful search and seizure.
- Initial Investigation & Arrest: You may be contacted by federal agents or arrested. Do not answer questions without your attorney present.
- Federal Arraignment: You will appear before a U.S. Magistrate Judge in Newark to hear the formal charges and enter a plea.
- Pre-Trial Motions: Your defense attorney will file motions to challenge evidence, suppress statements, or dismiss charges if the government’s case is flawed.
- Plea Negotiations: Your lawyer will negotiate with the U.S. Attorney’s Office for a potential plea agreement to reduce charges or seek a favorable sentencing recommendation.
- Trial or Sentencing: If no agreement is reached, the case proceeds to a jury trial. If convicted, or if you plead guilty, the court will impose a sentence based on federal guidelines.
Potential Penalties for Harboring and Smuggling
In federal court, bringing in and harboring aliens carries mandatory minimum prison sentences, fines up to $250,000 per count, and potential asset forfeiture.
| Offense | Classification | Incarceration | Fine | Additional Consequences |
|---|---|---|---|---|
| Bringing in / Harboring (General) | Federal Felony | Up to 10 years | Up to $250,000 | Forfeiture of assets, deportation of non-citizen defendants |
| Bringing in / Harboring for Commercial Advantage | Aggravated Federal Felony | 3-10 year mandatory minimum; up to 20 years | Up to $250,000 | Severe asset forfeiture, permanent felony record |
| Bringing in / Harboring Causing Serious Bodily Injury or Placing Life in Jeopardy | Aggravated Federal Felony | 5-20 year mandatory minimum; up to life | Up to $250,000 | Same as above; potential life sentence |
| Bringing in / Harboring Resulting in Death | Capital Felony | Any term of years or life; possible death penalty | Up to $250,000 | Most severe penalties under federal law |
Results may vary. Prior results do not guarantee a similar outcome.
Our Firm’s Experience in Federal Immigration Defense
Founded in 1997, the Law Offices Of SRIS, P.C. brings decades of combined legal experience to federal cases. Our founder, Mr. Sris, is a former prosecutor who understands government tactics from the inside. We approach each case with a detailed strategy, examining every aspect of the government’s evidence. Our team is prepared to defend clients in the U.S. District Court and handle the intricate procedures of federal criminal law.
Case Results and Client Advocacy
Our firm has a documented history of advocating for clients in contested legal matters. While every case is unique, our approach focuses on rigorous investigation, challenging procedural errors, and negotiating for a favorable outcome. We understand the high stakes of federal charges and work to protect your freedom and future.
Results may vary. Prior results do not guarantee a similar outcome.
Contact Our Bergen County Immigration Defense Lawyers
Our New Jersey location serves clients throughout Bergen County, including Hackensack, Fort Lee, Teaneck, Paramus, Englewood, Ridgewood, Fair Lawn, Bergenfield, Garfield, Mahwah, Ramsey, and Lyndhurst. We are accessible via I-80, the NJ Turnpike, Route 17, and the George Washington Bridge.
Law Offices Of SRIS, P.C.
New Jersey Location — 44 Apple St, 1st Floor
Tinton Falls, NJ 07724
Toll-Free: (888) 437-7747
By appointment only.
24/7 phone consultations — (888) 437-7747 — meetings by appointment only.
Frequently Asked Questions
What is the difference between alien smuggling and harboring?
Yes, there is a legal difference. Smuggling involves bringing or attempting to bring an alien into the U.S. illegally. Harboring involves concealing, shielding, or housing an alien who is already in the U.S. illegally to prevent their detection. Both are charged under 8 U.S.C. § 1324 but as separate offenses.
Can I be charged as an alien smuggling defense lawyer Bergen County would handle if I just gave a relative a place to stay?
It depends. If you knew the relative was in the U.S. without authorization and you provided housing to help them avoid detection, you could face harboring charges. The key issue is your knowledge of their status and your intent to shield them. An alien smuggling defense lawyer Bergen County can evaluate the specifics of your situation.
What should I do if ICE or HSI agents want to question me?
No. You should not answer questions without an attorney. Politely state that you wish to exercise your right to remain silent and your right to an attorney. Contact a lawyer as early as possible. Anything you say can be used against you in a federal prosecution.
What defenses are available against harboring charges?
Potential defenses include lack of knowledge that the person was an unauthorized alien, lack of intent to violate the law, duress, and entrapment. Evidence obtained through an unlawful search or seizure may also be suppressed. A harboring illegal immigrant lawyer Bergen County can identify the strongest defense strategy for your case.
Are these charges only federal, or can the state prosecute too?
Bringing in and harboring aliens are primarily federal crimes. However, New Jersey state charges related to human trafficking, conspiracy, or fraud could arise from the same conduct. You may face prosecution in both federal and state courts for interconnected actions.
If I am not a U.S. citizen, what happens if I am convicted?
A conviction for these aggravated felonies will almost certainly lead to your deportation (removal) and make you permanently ineligible for most forms of relief or future immigration benefits. It creates a permanent bar to re-entering the United States.
Related Practice Areas: For other legal challenges in Bergen County, explore our pages on Business Law, Federal Criminal Defense, and DUI Defense.
Also See: For help in nearby counties, our Atlantic County Civil Litigation Lawyers and Burlington County Civil Litigation Lawyers are available.
Back to: New Jersey Civil Litigation Lawyer Hub
Page last verified: 2026-04. Laws change. Contact the Law Offices Of SRIS, P.C. at (888) 437-7747 for current legal guidance regarding bringing in and harboring aliens.
The same rules apply outside Bergen County, and our page on bringing in and harboring aliens charges across New Jersey walks through each stage.
Your case in Bergen County, New Jersey
Immigration matters are federal: removal cases for New Jersey residents are heard at the Newark Immigration Court and applications are decided by USCIS. County criminal charges that can affect immigration status are heard in the Criminal Part of the Law Division. In Bergen County that is the Superior Court of NJ, Bergen Vicinage (2nd Vicinage), 10 Main Street, Hackensack, NJ 07601, telephone (201) 527-2700, open Mon-Fri 8:30AM-4:30PM. Court procedures change; confirm the current schedule on the official vicinage website or with the clerk before you file or appear.
The governing law for this topic is the federal Immigration and Nationality Act. Law Offices Of SRIS, P.C. handles Bergen County matters from its New Jersey location at 44 Apple St 1st Floor, Tinton Falls, NJ 07724; meetings are by appointment. Request a New Jersey consultation at (888) 437-7747 or (609) 983-0003.
Related New Jersey pages: Bergen County NJ lawyers directory · Bringing in and Harboring Aliens Lawyer Hudson County, NJ · Bringing in and Harboring Aliens Lawyer Monmouth County, NJ.