Federal Immigration Crimes

Federal Immigration Violations: How Josh Tomsheck of Hofland & Tomsheck Can Defend You Against Federal Immigration Charges

Immigration violations include a range of federal offenses related to unlawful entry, overstaying visas, fraudulent immigration documentation, and other illegal immigration-related activities. Federal immigration law is enforced by agencies such as Immigration and Customs Enforcement (ICE) and the U.S. Citizenship and Immigration Services (USCIS). Federal immigration violations can lead to serious consequences, including deportation, detention, criminal charges, and significant penalties.

If you or someone you know is facing federal immigration charges, it is essential to have an experienced attorney who understands immigration law and the intricacies of the U.S. immigration system. Josh Tomsheck, a nationally Board-Certified criminal defense attorney with Hofland & Tomsheck, has extensive experience defending clients against federal immigration violations. His expertise in immigration law and his commitment to his clients make him a trusted advocate in these serious cases.

Understanding Federal Immigration Law

Federal immigration law encompasses a wide range of offenses, from illegal entry into the United States to immigration fraud and human trafficking. Common immigration violations include:

• Illegal Entry (8 U.S.C. § 1325): This statute makes it a federal crime to enter or attempt to enter the United States at a location that is not an official entry point, evade immigration inspection, or enter using false documents.
• Reentry After Removal (8 U.S.C. § 1326): This statute criminalizes the reentry of individuals who have been previously removed (deported) from the United States. The penalties for illegal reentry increase if the individual has a prior criminal conviction.
• Immigration Fraud (18 U.S.C. § 1546): Immigration fraud involves the use of false documents, false statements, or fraudulent claims to obtain immigration benefits, such as visas or citizenship. This includes forging or altering immigration documents, lying on immigration applications, or providing false information during interviews with immigration officials.
• Human Smuggling (8 U.S.C. § 1324): This statute criminalizes the smuggling, harboring, or transporting of individuals who are in the United States illegally. It also criminalizes encouraging or assisting someone to unlawfully enter the United States.

Penalties for Federal Immigration Violations

Federal immigration violations can lead to severe penalties, including imprisonment, deportation, and substantial fines. The severity of the penalties depends on the nature of the violation and whether the defendant has prior convictions.

• Imprisonment: Convictions for federal immigration violations, such as illegal reentry or human smuggling, can result in prison sentences ranging from 6 months to 20 years, depending on the defendant’s criminal history and the specific charges.
• Fines: Immigration violations can result in substantial fines, often ranging from thousands to hundreds of thousands of dollars, particularly in cases involving immigration fraud or human smuggling.
• Deportation: Noncitizens convicted of immigration violations or other criminal offenses may be subject to removal (deportation) from the United States, often after serving their prison sentence.
• Loss of Immigration Benefits: Defendants convicted of immigration violations may lose their eligibility for visas, green cards, or citizenship, and they may be permanently barred from reentering the United States.

Common Defenses in Federal Immigration Cases

When defending against federal immigration charges, Josh Tomsheck uses a variety of defense strategies tailored to the facts of each case. Some common defenses include:

• Challenging the Legality of the Arrest or Search: Immigration cases often involve arrests at border crossings or during raids by ICE agents. Josh Tomsheck will review the circumstances of the arrest and determine if law enforcement violated the defendant’s rights during the search or seizure.
• 2. Lack of Knowledge or Intent: In cases involving immigration fraud, Josh Tomsheck may argue that the defendant did not knowingly submit false documents or make false statements, and that any errors were unintentional.
• 3. Asylum and Humanitarian Defenses: In some cases, defendants facing deportation may be eligible for asylum or other humanitarian protections if they fear persecution in their home country. Josh Tomsheck can assist in presenting these defenses to prevent removal.
• 4. Statutory Defenses: Some immigration violations, such as illegal reentry, carry statutory exceptions or waivers that can be used to avoid or reduce penalties. Josh Tomsheck will carefully analyze the case to determine if any statutory defenses apply.

How Josh Tomsheck Can Help You in Federal Immigration Cases

Federal immigration cases are complex and often involve both criminal and civil aspects of immigration law. Josh Tomsheck is an experienced, nationally Board-Certified criminal defense lawyer who has successfully defended clients against a wide range of federal immigration violations.

Here’s why Josh Tomsheck is the best choice for your defense:

• Expertise in Federal Immigration Crime Law: Tomsheck’s knowledge of 8 U.S.C. § 1325, § 1326, § 1324, and other federal statutes allows him to develop strong defense strategies tailored to the specific facts of each case.
• Proven Track Record in Federal Court: Josh Tomsheck has extensive experience defending clients in federal court and has successfully secured reduced sentences, dismissals, and favorable immigration outcomes for his clients.
• Personalized Defense Strategy: Every case is different, and Josh Tomsheck takes the time to understand the specific facts and circumstances of each client’s case. He develops a personalized defense strategy aimed at minimizing penalties and protecting your rights.
• Aggressive Defense: Known for his dedication and tenacity, Josh Tomsheck will fight for you at every stage of the case, from pretrial motions to trial and sentencing. He is committed to securing the best possible outcome for his clients.

Contact Josh Tomsheck for a Consultation

If you or a loved one is facing federal immigration charges, don’t wait to seek legal representation. Contact Josh Tomsheck at the Law Firm of Hofland & Tomsheck today for a consultation. With his experience, knowledge, and commitment to his clients, you can trust that your case is in capable hands.