Case Example: U.S. v. Lopez (5th Circuit, 2007)
Facts:
A U.S. citizen named Juan Lopez was caught transporting several undocumented immigrants in his vehicle. He admitted to knowingly picking them up near the border and driving them further inland. He was paid for the transport.
Outcome:
Lopez was convicted under 8 U.S. Code § 1324(a)(1)(A)(ii) for transporting undocumented individuals “in furtherance of their illegal presence.” The key factor was that he knew they were undocumented and that he received compensation.
Rare for Familial Cases:
There are no major reported cases of someone being prosecuted just for driving an undocumented family member (like a parent or spouse) without any profit motive or criminal scheme.
However, the statute technically allows for prosecution even without profit if the government can prove the transport was done “in furtherance” of the undocumented person’s illegal stay — but this is almost never enforced in family settings due to prosecutorial discretion and humanitarian policy considerations.
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Approved: 11/27/2023
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