charlydevo
03-01-11, 11:25 AM
Does Texas have its own Alien Smuggling statute? If so, can somebody direct me towards it? Thanks.
Chuck
Chuck
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MikeG
03-01-11, 12:24 PM
Does Texas have its own Alien Smuggling statute? If so, can somebody direct me towards it? Thanks.
Chuck
The have trafficking of persons statutes.
PENAL CODE**CHAPTER 20A. TRAFFICKING OF PERSONS (http://www.statutes.legis.state.tx.us/Docs/PE/htm/PE.20A.htm#20A.02)
Definitions seem to include smuggling illegal immigrants if certain conditions are met.
Chuck
The have trafficking of persons statutes.
PENAL CODE**CHAPTER 20A. TRAFFICKING OF PERSONS (http://www.statutes.legis.state.tx.us/Docs/PE/htm/PE.20A.htm#20A.02)
Definitions seem to include smuggling illegal immigrants if certain conditions are met.
marinepilot
03-01-11, 12:53 PM
Does Texas have its own Alien Smuggling statute? If so, can somebody direct me towards it? Thanks.
Chuck
I don't know about LEO's in Texas, but the guys from INS - Division 6 have their own way of dealing with it...
tU_d575vrtc
Chuck
I don't know about LEO's in Texas, but the guys from INS - Division 6 have their own way of dealing with it...
tU_d575vrtc
charlydevo
03-01-11, 01:10 PM
Thank you.
MikeG
03-01-11, 05:46 PM
Thank you.
Don't take it as gospel. I am neither a LEO nor Lawyer. YMMV.
Don't take it as gospel. I am neither a LEO nor Lawyer. YMMV.
tex13579
03-02-11, 06:59 PM
Not a LEO yet but am going through an academy in TX.
A better statute would probably be sec 20.05 Unlawful Transport.
Trafficking of Persons needs to show that the trafficked individual would be going into forced labor services.
Whereas unlawful transport just needs the person to be transported in a manner designed to conceal the transport from authorties and exposes the transported individuals to the likelihood of serious bodily injury or death, AKA in the back of a semi trailer.
A better statute would probably be sec 20.05 Unlawful Transport.
Trafficking of Persons needs to show that the trafficked individual would be going into forced labor services.
Whereas unlawful transport just needs the person to be transported in a manner designed to conceal the transport from authorties and exposes the transported individuals to the likelihood of serious bodily injury or death, AKA in the back of a semi trailer.
MikeG
03-02-11, 07:21 PM
Not a LEO yet but am going through an academy in TX.
A better statute would probably be sec 20.05 Unlawful Transport.
Trafficking of Persons needs to show that the trafficked individual would be going into forced labor services.
Whereas unlawful transport just needs the person to be transported in a manner designed to conceal the transport from authorties and exposes the transported individuals to the likelihood of serious bodily injury or death, AKA in the back of a semi trailer.
I read that. But the definition of "Forced labor or services" it means a lot more than a common understanding and seems to include a lot of the things Coyotes do. Here's what's considered "Forced laber of services." A lot of the coyotes take Identification documents and also threaten to report them if they don't pay extra.
That said, there is an old thread (link here) (http://www.realpolice.net/forums/border-immigration-issues-119/64830-whos-responsible-enforce-immigration.html) where a Tx deputy talks about using it for illegal alien trafficking but unable to get DA to follow through. So YMMV.
(C) knowingly destroying, concealing, removing, confiscating, or withholding from the person or another person, or threatening to destroy, conceal, remove, confiscate, or withhold from the person or another person, the person's actual or purported:
(i) government records;
(ii) identifying information; or
(iii) personal property;
(D) threatening the person with abuse of the law or the legal process in relation to the person or another person;
(E) threatening to report the person or another person to immigration officials or other law enforcement officials or otherwise blackmailing or extorting the person or another person;
A better statute would probably be sec 20.05 Unlawful Transport.
Trafficking of Persons needs to show that the trafficked individual would be going into forced labor services.
Whereas unlawful transport just needs the person to be transported in a manner designed to conceal the transport from authorties and exposes the transported individuals to the likelihood of serious bodily injury or death, AKA in the back of a semi trailer.
I read that. But the definition of "Forced labor or services" it means a lot more than a common understanding and seems to include a lot of the things Coyotes do. Here's what's considered "Forced laber of services." A lot of the coyotes take Identification documents and also threaten to report them if they don't pay extra.
That said, there is an old thread (link here) (http://www.realpolice.net/forums/border-immigration-issues-119/64830-whos-responsible-enforce-immigration.html) where a Tx deputy talks about using it for illegal alien trafficking but unable to get DA to follow through. So YMMV.
(C) knowingly destroying, concealing, removing, confiscating, or withholding from the person or another person, or threatening to destroy, conceal, remove, confiscate, or withhold from the person or another person, the person's actual or purported:
(i) government records;
(ii) identifying information; or
(iii) personal property;
(D) threatening the person with abuse of the law or the legal process in relation to the person or another person;
(E) threatening to report the person or another person to immigration officials or other law enforcement officials or otherwise blackmailing or extorting the person or another person;
tex13579
03-03-11, 06:16 PM
I read that. But the definition of "Forced labor or services" it means a lot more than a common understanding and seems to include a lot of the things Coyotes do. Here's what's considered "Forced laber of services." A lot of the coyotes take Identification documents and also threaten to report them if they don't pay extra.
That said, there is an old thread (link here) (http://www.realpolice.net/forums/border-immigration-issues-119/64830-whos-responsible-enforce-immigration.html) where a Tx deputy talks about using it for illegal alien trafficking but unable to get DA to follow through. So YMMV.
(C) knowingly destroying, concealing, removing, confiscating, or withholding from the person or another person, or threatening to destroy, conceal, remove, confiscate, or withhold from the person or another person, the person's actual or purported:
(i) government records;
(ii) identifying information; or
(iii) personal property;
(D) threatening the person with abuse of the law or the legal process in relation to the person or another person;
(E) threatening to report the person or another person to immigration officials or other law enforcement officials or otherwise blackmailing or extorting the person or another person;
First off, what is YMMV?
Second off the sections you quoted from forced labor services are means to obtain the labor. The definition of forced labor services reads:
"labor or services, including conduct that constitutes an offense under section 43.02*, that are performed or provided by another person and obtained through an actor's:
(C) knowingly destroying, concealing, removing, confiscating, or withholding from the person or another person, or threatening to destroy, conceal, remove, confiscate, or withhold from the person or another person, the person's actual or purported:
(i) government records;
(ii) identifying information; or
(iii) personal property;
(D) threatening the person with abuse of the law or the legal process in relation to the person or another person;
(E) threatening to report the person or another person to immigration officials or other law enforcement officials or otherwise blackmailing or extorting the person or another person; "
Now, I just quoted the conduct that you had already referenced, but it is important to note that you have to do the above to get someone to perform labor or service. Just taking the documents and forcing trafficked persons to pay extra is NOT forced labor or service, that action could fall under several different catagories ranging from robbery to ID theft to tampering with a government record.
*43.02 is the prostitution statute.
That said, there is an old thread (link here) (http://www.realpolice.net/forums/border-immigration-issues-119/64830-whos-responsible-enforce-immigration.html) where a Tx deputy talks about using it for illegal alien trafficking but unable to get DA to follow through. So YMMV.
(C) knowingly destroying, concealing, removing, confiscating, or withholding from the person or another person, or threatening to destroy, conceal, remove, confiscate, or withhold from the person or another person, the person's actual or purported:
(i) government records;
(ii) identifying information; or
(iii) personal property;
(D) threatening the person with abuse of the law or the legal process in relation to the person or another person;
(E) threatening to report the person or another person to immigration officials or other law enforcement officials or otherwise blackmailing or extorting the person or another person;
First off, what is YMMV?
Second off the sections you quoted from forced labor services are means to obtain the labor. The definition of forced labor services reads:
"labor or services, including conduct that constitutes an offense under section 43.02*, that are performed or provided by another person and obtained through an actor's:
(C) knowingly destroying, concealing, removing, confiscating, or withholding from the person or another person, or threatening to destroy, conceal, remove, confiscate, or withhold from the person or another person, the person's actual or purported:
(i) government records;
(ii) identifying information; or
(iii) personal property;
(D) threatening the person with abuse of the law or the legal process in relation to the person or another person;
(E) threatening to report the person or another person to immigration officials or other law enforcement officials or otherwise blackmailing or extorting the person or another person; "
Now, I just quoted the conduct that you had already referenced, but it is important to note that you have to do the above to get someone to perform labor or service. Just taking the documents and forcing trafficked persons to pay extra is NOT forced labor or service, that action could fall under several different catagories ranging from robbery to ID theft to tampering with a government record.
*43.02 is the prostitution statute.
MikeG
03-03-11, 06:28 PM
First off, what is YMMV?
"Your Mileage May Vary"
Second off the sections you quoted from forced labor services are means to obtain the labor. The definition of forced labor services reads:
"labor or services, including conduct that constitutes an offense under section 43.02*, that are performed or provided by another person and obtained through an actor's:
(C) knowingly destroying, concealing, removing, confiscating, or withholding from the person or another person, or threatening to destroy, conceal, remove, confiscate, or withhold from the person or another person, the person's actual or purported:
(i) government records;
(ii) identifying information; or
(iii) personal property;
(D) threatening the person with abuse of the law or the legal process in relation to the person or another person;
(E) threatening to report the person or another person to immigration officials or other law enforcement officials or otherwise blackmailing or extorting the person or another person; "
Now, I just quoted the conduct that you had already referenced, but it is important to note that you have to do the above to get someone to perform labor or service. Just taking the documents and forcing trafficked persons to pay extra is NOT forced labor or service, that action could fall under several different catagories ranging from robbery to ID theft to tampering with a government record.
*43.02 is the prostitution statute.
I agree.
"Your Mileage May Vary"
Second off the sections you quoted from forced labor services are means to obtain the labor. The definition of forced labor services reads:
"labor or services, including conduct that constitutes an offense under section 43.02*, that are performed or provided by another person and obtained through an actor's:
(C) knowingly destroying, concealing, removing, confiscating, or withholding from the person or another person, or threatening to destroy, conceal, remove, confiscate, or withhold from the person or another person, the person's actual or purported:
(i) government records;
(ii) identifying information; or
(iii) personal property;
(D) threatening the person with abuse of the law or the legal process in relation to the person or another person;
(E) threatening to report the person or another person to immigration officials or other law enforcement officials or otherwise blackmailing or extorting the person or another person; "
Now, I just quoted the conduct that you had already referenced, but it is important to note that you have to do the above to get someone to perform labor or service. Just taking the documents and forcing trafficked persons to pay extra is NOT forced labor or service, that action could fall under several different catagories ranging from robbery to ID theft to tampering with a government record.
*43.02 is the prostitution statute.
I agree.