SentenceCalc

Alien Smuggling Sentence Calculator

Bringing in, transporting or harboring people who are in the country unlawfully (8 U.S.C. §1324) starts at offense level 12 under §2L1.1. The number of people, danger to them, and injuries drive it up. Someone with no criminal history points who drove 10 people for pay and pleads guilty scores 8–14 months; packing them into a locked trailer raises it to 12–18 months.

Verified Checked against the manual text in at least five AI-assisted review rounds. Not yet reviewed by an attorney. Guidelines Manual effective November 1, 2025Updated October 4, 2026

Starting level12§2L1.1(a)(3)
10 people for pay, plea8–14 monthsLevel 11
Locked in a trailer12–18 monthsMinimum level 18 applies
Legal maximum5 to 10 yearsper person; 20 with serious injury, life if someone dies

Calculate a specific case

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How a smuggling sentence is calculated

FactLevelsRule
Not for profit, or only the person's own spouse or child−3§2L1.1(b)(1)
6 to 24 / 25 to 99 / 100 or more people+3 / +6 / +9(b)(2)
One / two or more prior felony immigration convictions+2 / +4(b)(3)
An unaccompanied child+4(b)(4)
A weapon possessed / brandished or used / a gun fired+2 / +4 / +6, with minimums of 18, 20, 22(b)(5)
Substantial risk of death or serious injury (a locked trunk, an overloaded vehicle, a dangerous crossing)+2, at least level 18(b)(6)
Bodily injury / serious / permanent / death+2 / +4 / +6 / +10(b)(7)
People held by threats or until someone paid+2, at least level 18(b)(8)(A)

The number of people does not count the person being sentenced. If someone died, the matching homicide guideline applies instead when it gives a higher level (§2L1.1(c)(1)).

Smuggling sentences for common situations

Each row assumes no criminal record, an early guilty plea, and the 2-level zero-point reduction where available, unless it says otherwise.

SituationHow it adds upLevelGuideline sentence
Drove 4 people for pay12 smuggling −2 plea −2 zero-point80–6 months
Drove 10 people for pay12 smuggling +3 6 to 24 people −2 plea −2 zero-point118–14 months
8 months to 1 year, 2 months
10 people locked in a trailer
The risk factor sets a minimum of level 18		12 smuggling +3 6 to 24 people +2 substantial risk of death or injury raised to the level-18 minimum −3 plea −2 zero-point1312–18 months
1 year to 1 year, 6 months
Same, one person seriously injured
No zero-point reduction with a serious injury		12 smuggling +3 6 to 24 people +2 substantial risk +1 floor to 18 +4 serious bodily injury −3 plea1930–37 months
2 years, 6 months to 3 years, 1 month
Gave 3 people a ride, not for money12 smuggling −3 not for profit −2 plea −2 zero-point50–6 months
Brought in 30 people for pay, 2 prior felony immigration convictions
Category III assumed		12 smuggling +6 25 to 99 people +4 two prior immigration felonies −3 plea19, Category III37–46 months
3 years, 1 month to 3 years, 10 months

Under 8 U.S.C. §1324(a)(1)(B) the maximum is set per person smuggled: 5 years for transporting or harboring without a profit motive, 10 years for bringing people in or acting for money, 20 years when someone is seriously injured or put in danger of death, and up to life when someone dies. Because the maximum applies to each person, cases with several people rarely hit the ceiling.

A separate charge, bringing someone to the United States for profit or without presenting them at a port of entry (8 U.S.C. §1324(a)(2)(B)), carries mandatory minimums: 3 years for a first or second violation done for profit (or with reason to believe the person will commit a felony), and 5 years for any later violation. The calculator does not apply those minimums; if one is higher than the range shown, the minimum controls.

Frequently asked questions

What is the sentence for human smuggling in federal court?

For someone with no criminal history points who pleads guilty: about 0–6 months for driving 4 people for pay, 8–14 months for 10 people, and 12–18 months when people were locked in a trailer or otherwise put in serious danger. A serious injury raises it to 30–37 months.

Is it a crime to give a ride to someone who is undocumented?

Transporting someone, knowing or in reckless disregard of the fact that they are in the country unlawfully, in furtherance of that unlawful presence, is a federal crime under 8 U.S.C. §1324. Without a profit motive it carries a 5-year maximum and the guideline takes 3 levels off. Someone with no criminal history points who drove three people for free and pleads guilty scores 0–6 months.

Why does a locked trailer matter so much?

Creating a substantial risk of death or serious injury adds 2 levels and sets a floor of level 18, so it can add 3 or more levels in practice. In the 10-person example it moves the range from 8–14 months to 12–18 months.

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