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University of Michigan Law School

Michigan Law Review First Impressions

2012

Children

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Who's Bringing The Children?: Expanding The Family Exemption For Child Smuggling Offenses, Rebecca M. Abel Feb 2012

Who's Bringing The Children?: Expanding The Family Exemption For Child Smuggling Offenses, Rebecca M. Abel

Michigan Law Review First Impressions

Under immigration law, an alien smuggling offense takes place when one knowingly encourages, induces, assists, abets, or aids an alien to enter or to try to enter the United States. Committing this offense is cause for either removal or inadmissibility charges under the Immigration and Nationality Act ("INA"). In addition, a federal criminal conviction for alien smuggling under INA section 274(a)(1)(A) or 274(a)(2) classifies the immigrant as an aggravated felon, leading to near certain deportation. Although the INA levies harsh penalties against smugglers, the practice has not showed any signs of slowing. In 2010, the United States Border Patrol apprehended …