Federal Immigration Charges in California: What You Need to Know — and Why You Should Hire a Federal Criminal Defense Lawyer

Federal Immigration Charges in California: What You Need to Know — and Why You Should Hire a Federal Criminal Defense Lawyer

November 11, 2025

What Are Federal Immigration Crimes?

Many immigration violations are civil matters handled by USCIS. However, several serious federal immigration charges fall under federal criminal jurisdiction. The most common include:

• Illegal Reentry (8 U.S.C. § 1326) — Returning to the United States after being deported or removed without legal permission. Penalties can reach up to 20 years for those with aggravated felony priors.
• Alien Smuggling or Harboring (8 U.S.C. § 1324) — Transporting, concealing, or assisting individuals in entering or remaining in the U.S. unlawfully.
• Marriage or Benefits Fraud (8 U.S.C. § 1325(c), 18 U.S.C. § 1546) — Engaging in a fraudulent marriage or falsifying immigration documents.
• Visa or Green Card Fraud (18 U.S.C. § 1546) — Using fake immigration papers or misrepresenting facts on official applications.
• Identity Theft and Social Security Fraud (18 U.S.C. § 1028, 18 U.S.C. § 1028A) — Using another person’s identification to gain benefits or employment.
• Employer I-9 Violations (8 U.S.C. § 1324a) — Knowingly hiring or continuing to employ individuals without work authorization.

These offenses are prosecuted under specific sections of the federal code, which serve as the legal framework for federal immigration charges.

Each of these offenses is investigated by Homeland Security Investigations (HSI), CBP, and sometimes the FBI or USCIS Fraud Detection Unit

Federal Jurisdiction and Citizenship and Immigration Services in California

Federal immigration crimes are prosecuted in one of four U.S. District Courts:

• Central District of California (Los Angeles)
• Southern District (San Diego)
• Northern District (San Francisco, San Jose, Oakland)
• Eastern District (Sacramento, Fresno)

Each court has unique practices regarding plea offers, early disposition (“fast-track”) programs, pretrial release systems, and sentencing trends. A seasoned California federal criminal defense lawyer will know these local nuances and use them strategically.

Penalties and Immigration Fees for Federal Immigration Crimes

Federal sentencing depends on the specific statute, prior record, and aggravating factors:

• Imprisonment & Fines:
  • 8 U.S.C. § 1326 (illegal reentry) — up to 2 years for basic violations; up to 20 years with prior aggravated felonies.
  • 8 U.S.C. § 1324 (smuggling) — up to 10 years per count, or more if injury or death results.
  • 18 U.S.C. § 1028A (aggravated identity theft) — mandatory 2-year consecutive sentence.
• Collateral Immigration Consequences:
  Convictions can lead to deportation, denial of future visas, or permanent inadmissibility.
• Financial Penalties:
  Restitution, forfeiture, and heavy fines often accompany these cases.

Because the U.S. Sentencing Guidelines heavily influence federal sentencing, your attorney must understand how to reduce “offense levels” and qualify you for downward departures.

How Federal Immigration Charges Are Investigated

Federal immigration prosecutions rely on a combination of:

• Border Arrests and Checkpoints
• Undercover Operations and Informants
• Financial Records and Wire Transfers
• Digital Evidence (Text Messages, Social Media, GPS)
• USCIS and DHS Records Audits

A knowledgeable defense attorney can challenge illegal searches, invalid warrants, or improper questioning to suppress evidence.

Common Defenses to Federal Immigration Charges and Employment Authorization Document Issues

Strong defenses depend on case specifics, but may include:

• Fourth Amendment Violations:
  Suppressing evidence from unlawful searches or seizures.
• Lack of Intent or Knowledge:
  Prosecutors must prove you knew your actions were illegal.
• Invalid Prior Removal Order:
  Attacking the underlying deportation in an 8 U.S.C. § 1326 prosecution.
• Duress or Necessity:
  Acting under threat or emergency circumstances.
• Document or Translation Errors:
  Challenging inaccuracies in government paperwork.
• Negotiated Pleas:
  Structuring plea deals to avoid aggravated felony classifications and minimize immigration fallout.

Why You Need a Federal Criminal Defense Lawyer in California

1. Federal Procedure Is Complex

Federal court deadlines are tight. A federal attorney ensures your constitutional rights are protected from day one—challenging evidence, arguing for bond, and preserving suppression issues.

2. Knowledge of Local Courts and Prosecutors

Federal prosecutors in Los Angeles or San Diego may handle immigration cases differently. Experienced local counsel understands these patterns and tailors defense strategy accordingly, so choosing a San Diego criminal defense lawyer is crucial.

3. Crimmigration Expertise

Your lawyer must balance criminal and immigration goals simultaneously—seeking outcomes that protect both your liberty and your lawful status when fighting federal immigration charges.

4. Sentencing Advocacy

Effective defense includes mitigation packages, community support evidence, and rehabilitation arguments to achieve the lowest possible sentence.

5. Negotiating Smart Resolutions

Early disposition programs (“fast-track”) or alternative plea structures can drastically reduce exposure. A seasoned defense attorney knows how to leverage them.

What to Do If Contacted by Federal Agents (Homeland Security, HSI, CBP, or FBI)

1. Do not speak without counsel present.
2. Request a lawyer immediately.
3. Do not consent to searches.
4. Preserve all records and communication.
5. Act quickly. Early legal intervention can influence whether charges are filed at all.

Managing Immigration Expenses

Navigating the U.S. immigration process involves more than just submitting forms and waiting for a decision—managing immigration expenses is a critical part of ensuring your application is processed smoothly and on time. Whether you are applying for a visa, an employment authorization document (EAD), temporary protected status (TPS), or other benefit requests, understanding the full range of immigration fees is essential.

The United States Citizenship and Immigration Services (USCIS) website is the primary resource for up-to-date information on immigration services, including visa application fees, filing fees, and other fees that may apply to your case. Each benefit request—whether for citizenship, parole, re-parole, or status adjustments—comes with its own set of fees, and these can change based on new laws, such as the Big Beautiful Bill Act or updates to public law. The Department of Homeland Security (DHS) and USCIS regularly review and adjust these fees to support the administration of citizenship and immigration services, border protection, and customs enforcement.

To avoid unnecessary delays or the risk of your application being rejected, it is crucial to:

1. Check the USCIS website frequently: Immigration fees and payment methods can change. The USCIS website provides the latest guidance, including fee schedules and accepted payment options.
2. Use the USCIS fee calculator: This tool helps applicants determine the exact fees required for their specific benefit requests, ensuring that the correct amount is submitted.
3. Submit the correct fees and supporting documents: Double-check that all required fees and supporting documents, such as those for re-parole or waiver requests, are included with your application. Missing or incorrect fees can result in your application being rejected or delayed.
4. Plan for additional costs: Beyond government filing fees, applicants should budget for other expenses, such as attorney fees, travel costs, and fees for obtaining supporting documents. These additional costs can add up, so planning ahead is key.
5. Stay informed about legal and fee changes: Immigration fees are subject to adjustments based on new laws, inflation, or policy updates. Regularly review the USCIS website and official notices to ensure you are aware of any changes that may affect your application or status.

Managing immigration expenses effectively means staying organized, informed, and proactive. Always refer to the USCIS website for the most current information on immigration fees, and consider consulting an authorized immigration attorney or expert for additional guidance. By taking these steps, applicants can navigate the process with greater confidence and avoid common pitfalls that could impact their access to immigration benefits.

Frequently Asked Questions

Is illegal reentry always a felony?Yes. 8 U.S.C. § 1326 makes it a felony to return after deportation without consent, though penalties vary.

Can helping a family member be considered harboring?Sometimes. Under 8 U.S.C. § 1324, intent and knowledge are crucial. Innocent assistance without concealment may not qualify.

Will pleading guilty automatically cause deportation?Not always—but many convictions trigger removal. A defense lawyer can sometimes structure pleas to preserve immigration relief.

What if I already have a pending immigration case?Tell your attorney immediately. You may have a pending petition or application with immigration authorities. Your criminal and immigration (petition) processes must be coordinated carefully.

How do federal immigration charges affect asylum seekers?Asylum seekers facing federal immigration charges may encounter additional barriers to obtaining asylum or related benefits. Legal counsel is critical in these situations to address both the criminal and asylum application processes.

The Bottom Line

Federal immigration prosecutions in California are serious. From illegal reentry under 8 U.S.C. § 1326document fraud under 18 U.S.C. § 1546, these cases carry harsh penalties and permanent immigration consequences.

Hiring a federal criminal defense lawyer who understands both federal court procedures and immigration law can make all the difference between deportation and a second chance. Kenney Legal Defense attorney Karren Kenney has handled numerous federal immigration crime cases and offers a free phone consultation and case quote if you or a loved one needs legal representation. Contact Kenney Legal Defense today!