Federal immigration crimes carry serious consequences beyond deportation. If you’re facing charges for illegal reentry or document fraud in Houston, you need defense attorneys who understand federal criminal law and immigration consequences.
At John T. Floyd Law Firm, we defend clients throughout Houston against federal immigration charges. Our team of Houston immigration crime attorneys has decades of experience handling complicated federal prosecutions, including illegal reentry under 8 U.S.C. § 1326, visa fraud, and passport fraud.
What Is Illegal Reentry Under 8 U.S.C. § 1326?
8 U.S.C. § 1326 makes it a federal crime for anyone previously deported or removed from the United States to reenter without authorization. This statute is one of the most frequently prosecuted federal immigration offenses, particularly along the Texas-Mexico border, where the Southern District of Texas handles thousands of these cases annually.
The law applies when you were previously removed, reentered without consent from the Attorney General, and the government proves your status. Simply being found in the United States after a previous removal can trigger prosecution, even if you entered years ago. Federal prosecutors in Houston pursue these cases aggressively, but experienced Houston reentry defense attorneys can challenge the removal order’s validity, the government’s evidence, and procedural violations.
Understanding Federal Document Fraud Charges
Document fraud encompasses several federal crimes, including:
- Passport Fraud (18 U.S.C. § 1542) – Making false statements on passport applications or using forged passports
- Visa Fraud (18 U.S.C. § 1546) – Forging or counterfeiting visas, green cards, or border crossing cards
- Identity Document Fraud – Using false identification to gain entry or employment
Common scenarios include:
- Presenting altered passports at ports of entry
- Using someone else’s identity for employment
- Possessing counterfeit green cards
- Making false statements on immigration applications
Federal investigators from Homeland Security Investigations (HSI) and Immigration and Customs Enforcement (ICE) actively investigate document fraud throughout Houston. A Houston visa fraud attorney at our firm knows exactly how these federal investigations proceed and how to protect your rights from day one.
Penalties for Federal Immigration Crimes
Illegal Reentry Penalties depend heavily on your criminal history:
- First offense (no prior felony): Up to 2 years in federal prison
- Prior felony conviction: Up to 10 years in federal prison
- Prior aggravated felony conviction: Up to 20 years in federal prison
Document Fraud Penalties vary by statute:
- Passport fraud: Up to 25 years if facilitating terrorism; up to 10 years for other offenses
- Visa fraud: Up to 25 years if facilitating terrorism; 20 years if facilitating drug trafficking; 10-15 years for other offenses
Beyond incarceration, convictions guarantee deportation and create virtually insurmountable barriers to future legal status. A Houston passport fraud lawyer will fight aggressively to prevent these life-altering consequences.
Common Defenses to Federal Immigration Crimes
Challenging Removal Orders
We attack the validity of underlying removal orders by demonstrating violations of due process rights, lack of proper notice, or ineffective counsel. Recent Supreme Court decisions have strengthened defendants’ ability to challenge removal orders in criminal proceedings.
Knowledge and Intent Issues
In document fraud cases, the government must prove intent to defraud. Honest mistakes or reliance on bad advice can defeat these charges.
Fourth Amendment Violations
Federal agents frequently violate Fourth Amendment rights through illegal searches or interrogations without Miranda warnings. We file motions to suppress illegally obtained evidence.
Witness Credibility
We investigate the complainant’s credibility and examine whether witnesses have motives to fabricate allegations.
How We Defend Federal Immigration Cases in Houston
Our Houston federal defense attorneys have handled hundreds of immigration crime cases throughout Texas federal courts. We understand how federal prosecutors build these cases and know which defenses resonate with judges. Our strategy includes obtaining complete discovery, scrutinizing procedural errors and constitutional violations, consulting with former federal prosecutors for strategic insight, and early intervention before indictment to avoid charges or negotiate favorable plea offers.
John T. Floyd is board-certified in Criminal Law by the Texas Board of Legal Specialization and rated as a Super Lawyer by Thomson Reuters. With 30+ years of federal criminal defense experience, Mr. Floyd understands the personal and professional toll these cases inflict on defendants and their families.
Speak To Our Houston Federal Defense Lawyer Today
Federal immigration prosecutions move quickly through Houston’s federal courts. The Southern District of Texas prosecutes hundreds of immigration cases monthly, making immediate experienced legal counsel vital. You need a Houston immigration lawyer to act quickly and protect your rights while building the strongest possible defense.
Our Houston federal criminal defense team has successfully challenged illegal reentry charges, suppressed evidence in document fraud cases, and negotiated favorable resolutions for clients throughout Texas federal courts. Contact John T. Floyd Law Firm at 713-224-0101 or contact us online for a confidential consultation.
