A federal immigration charge is a criminal case, not a paperwork problem. If you or someone you love has been arrested by federal agents, the exposure can include prison, a permanent record, and removal from the country.
These cases move quickly once the government files. The prosecutor already has agents, reports, and a theory of the case before you ever see the inside of a courtroom.
We defend people charged with federal immigration crimes across the country, and a former federal prosecutor leads our team. Federal law applies the same way in every district, and we are admitted in federal courts including the Southern District of Texas.
If your charge involves returning to the United States after a prior removal or deportation, speak with an Illegal Reentry Defense Lawyer before making any decision about your case.
The federal immigration crimes we defend
Federal immigration offenses cover far more than crossing a border. Our attorneys defend the full range of criminal charges brought under Title 8 and Title 18.
- Improper entry — 8 U.S.C. § 1325: Entering the United States outside an official checkpoint. A first offense is a misdemeanor, but later offenses carry heavier exposure.
- Illegal reentry after removal — 8 U.S.C. § 1326: Returning to the U.S. after a prior deportation. This is a felony, and prior convictions can sharply increase the sentence. See our dedicated illegal reentry defense page.
- Harboring, transporting, and smuggling — 8 U.S.C. § 1324: Bringing in, moving, or sheltering someone in the country unlawfully. Penalties climb fast when the government alleges financial gain or a large number of people.
- Immigration document fraud — 8 U.S.C. § 1546: Making, using, or possessing fraudulent visas, permits, or other entry documents.
- Identity document fraud — 18 U.S.C. § 1028: Producing or using false identification documents, often charged alongside immigration counts.
Many of these arrests start as a federal investigation before any charge is filed. If agents are looking into you, our ICE and HSI investigation defense team can step in early.
Criminal charge or civil removal? Why the difference matters
Not every immigration matter is a crime. Civil removal (deportation) is handled by ICE Enforcement and Removal Operations in immigration court, and the goal there is to remove you from the country.
A criminal immigration case is different. It is prosecuted by an Assistant U.S. Attorney in U.S. District Court, and a conviction can mean federal prison — on top of any removal that follows.
A single set of facts can trigger both. You can be prosecuted criminally and face removal proceedings at the same time, which is why the criminal defense you choose has consequences far beyond the courtroom.
That overlap is exactly where an experienced federal defense lawyer protects you. Decisions made in the criminal case can decide what happens to your status later.
ICE is not local police. Federal immigration enforcement does not always follow the same rules as officers in a local criminal case, and agents sometimes act on an administrative warrant issued by ICE rather than a judicial warrant signed by a judge.
That distinction matters. An administrative warrant generally does not authorize agents to enter a private home without consent — you can ask to see a judicial warrant signed by a judge before you let anyone in.
You keep important rights either way, including the right to remain silent and the right to a lawyer. Federal matters call for someone who knows federal procedure and how these agencies build and carry out cases.
Talk to a federal defense lawyer before you make any decision that could affect both cases.
What you’re facing: penalties and immigration fallout
Federal immigration convictions carry real prison exposure, and the sentence depends heavily on the statute and your history. Under the advisory U.S. Sentencing Guidelines, factors like prior removals, prior convictions, and the alleged role in an offense push the recommended range up or down.
The consequences reach past any sentence. Immigration fallout can also become more complicated when the case overlaps with another federal offense, including drug trafficking, fraud, or firearm allegations. If drugs are part of the government’s theory, our federal drug crimes defense team can help address both the criminal exposure and the immigration consequences tied to the charge. If a firearm is also involved, a Houston Federal Gun & Weapons Defense Lawyer can help evaluate how the gun allegation affects the overall federal case.
- Removal and inadmissibility: A conviction can make you deportable and can bar future lawful entry, sometimes permanently.
- Loss of relief options: Certain convictions cut off eligibility for asylum, cancellation of removal, and other forms of relief.
- A permanent criminal record: A federal conviction follows you and can affect work, housing, and licensing.
- Family separation: Detention and removal can divide families for years.
The Supreme Court recognized how serious this is in Padilla v. Kentucky, which held that a defense lawyer must advise a client about the immigration consequences of a guilty plea. A plea that looks like a quick resolution can quietly guarantee deportation.
We treat the immigration fallout as part of the case from day one, not an afterthought. To see how prison exposure is actually calculated, read how federal sentences are calculated.
How we defend federal immigration cases
A strong defense starts long before trial. We look for problems in how the government built its case and use them at every stage.
- Early, investigation-stage intervention: The sooner we are involved, the more we can shape what the government does next. Once the government gets there first, you’re reacting instead of deciding.
- Challenging the stop and the arrest: We examine whether agents had lawful grounds to stop, detain, and question you, and we move to suppress evidence gathered unlawfully.
- Attacking the elements: The government must prove specific facts — such as a valid prior removal in a § 1326 case, or knowledge and intent in a harboring case. We test each one.
- Scrutinizing the documents and identity evidence: Fraud charges under § 1546 and § 1028 turn on proof of intent and authenticity, which is often weaker than it first appears.
- Litigating the sentence: When a conviction is likely, we fight for a lower Guidelines calculation and present mitigation. We don’t just accept the government’s numbers; we litigate the math.
- Protecting your status: We weigh every plea against its immigration consequences, consistent with the duty recognized in Padilla.
Every case is different, and outcomes depend on the facts. You can reach out to our team to talk through the specifics of yours.
The early mistakes that cost people the most
Two decisions early on can do more harm than the charge itself.
- Deleting or “cleaning up” records. Erasing emails, texts, or files can create a fresh obstruction charge that is often easier to prove than the underlying conduct — and it destroys evidence we could have used for you. Deleting emails or documents doesn’t fix the problem — it creates a new one.
- Putting your head in the sand. Ignoring an investigation does not make it stop. The government keeps building quietly, and your options shrink the longer you wait.
If you fear a federal investigation, a few steps protect you right away:
- Get an experienced federal defense lawyer before a subpoena or agents arrive, not after.
- Preserve everything — never delete or alter records. Evidence saved and produced through counsel can create leverage.
- Keep every government contact controlled. Let your lawyer make the first contact, and never rely on an agent’s informal assurances.
Talking to federal agents on your own carries its own danger. Under 18 U.S.C. § 1001, a false or misleading statement to a federal agent is a separate felony — you can be charged over the conversation itself, even if the underlying case goes nowhere.
Talk to a federal defense lawyer before you speak with anyone from the government.
Why choose Keith & Lorfing
Federal immigration cases are prosecuted by the federal government, and we bring former government insiders to your side.
- A former federal prosecutor leads the team. Russell Lorfing is a former Assistant U.S. Attorney who ran a federal human trafficking task force on Saipan. In 2024 he was selected as Co-Chair of the Federal Criminal Defense Committee for the Texas Criminal Defense Lawyers Association.
- A retired federal judge of counsel. The Honorable E. Scott Frost (Ret.) brings more than 30 years of federal courtroom experience.
- A seasoned trial partner. Trey Keith has spent 20-plus years defending the accused, with many “Not Guilty” verdicts.
- Real federal admissions. Our attorneys are admitted in federal courts including the Southern District of Texas, and Russell Lorfing is admitted before the U.S. Supreme Court.
- A team of former insiders. Our backgrounds include former federal prosecutors, former federal defenders, and former federal agents.
Because federal law is uniform nationwide, we defend these cases across the country.
If your case is in a border district, we also handle Houston federal immigration defense and Laredo federal criminal defense.
What to expect in a federal immigration case
Knowing the path ahead makes a hard situation less frightening. A federal criminal immigration case generally moves through predictable stages.
- Investigation: Agents from HSI or another federal agency gather evidence, sometimes before any arrest.
- Arrest and initial appearance: You are brought before a federal magistrate, and the question of detention or release is raised.
- Charging: The U.S. Attorney files a complaint, information, or indictment.
- Pretrial litigation: We file motions, challenge evidence, and negotiate where it serves you.
- Resolution: The case ends in a dismissal, a plea, or a trial.
- Sentencing: If there is a conviction, the court sets a sentence guided by the Guidelines and the arguments we present.
These cases don’t move fast on the surface, but underneath they’re moving the entire time — by the time it feels real, it’s usually much further along than you think. Early action protects your options. If federal agents have contacted you, read what to do when federal agents want to talk first.
Schedule a confidential consultation to understand where your case stands.
Talk to a federal immigration defense lawyer
You do not have to face the federal government alone. The right defense, started early, can change the direction of a case.
Our team includes a former federal prosecutor and a retired federal judge, and we defend federal immigration cases across the country.
Contact Keith & Lorfing to speak with a federal immigration defense lawyer about your situation in confidence.
Frequently Asked Questions
Is illegal entry a felony or a misdemeanor?
A first improper entry under 8 U.S.C. § 1325 is generally a misdemeanor. Repeat offenses carry greater penalties, and illegal reentry after removal under § 1326 is a felony.
What is the difference between illegal entry and illegal reentry?
Illegal entry (§ 1325) is entering the country unlawfully. Illegal reentry (§ 1326) is returning after you were already formally removed or deported, and it is treated far more seriously.
Can a criminal conviction get me deported even if I have a green card?
It can. Certain criminal convictions make lawful permanent residents deportable and can bar future relief, depending on the facts of your case. This is why the criminal defense you choose matters so much.
Is helping a family member cross the border a crime?
It can be charged under 8 U.S.C. § 1324 as harboring, transporting, or smuggling. Whether the facts truly meet the elements of that statute is often where the defense begins.
Do I need a criminal lawyer or an immigration lawyer?
A federal criminal immigration charge is a criminal case, so you need a federal criminal defense lawyer. Because a conviction affects your status, that lawyer must also weigh the immigration consequences of every decision.
What is Padilla v. Kentucky and why does it matter to my case?
In Padilla v. Kentucky, the Supreme Court held that a defense lawyer must advise a client about the immigration consequences of a guilty plea. It means a plea can carry hidden immigration costs that must be weighed before you agree to anything.
Can these charges be filed anywhere in the country?
Yes. Federal immigration crimes are prosecuted under federal law, which applies the same way in every district nationwide. We are admitted in federal courts including the Southern District of Texas.
Should I talk to federal agents before I have a lawyer?
It is rarely wise to speak with agents without counsel. Anything you say can be used against you, and under 18 U.S.C. § 1001 a false or misleading statement to a federal agent is itself a felony. You have the right to a lawyer first, so use it.
Can deleting records make things worse?
Yes. Deleting or altering records can create a separate obstruction charge that is often easier to prove than the original allegation, and it removes evidence your lawyer could have used for you. Preserve everything and let counsel handle it.
