Operation Lone Star and Smuggling of Persons

Almonte Law

Human (Alien) Smuggling: A brief overview of Operation Lone Star and Texas State Human Smuggling Law.

In the past, smuggling of persons charges were the primary responsibility of the Federal government. Today, however, because of a program implemented by Governor Greg Abbott called Operation Lone Star, the State of Texas is at the forefront of human smuggling charges. Of course, the federal government is still pursuing these cases, however, Texas is now more aggressive in their pursuit of human smuggling charges resulting in a drastic increase of arrests by Texas law enforcement for human smuggling.

What is Operation Loan Star?

In March 2021, Texas Governor Greg Abbott launched Operation Lone Star in response to a sharp increase in illegal immigration occurring along the Texas border. The goal of the operation per Governor Abbott is to combat illegal immigration, narcotics trafficking, and human smuggling. As a result of this operation, there has been drastic increase in alien smuggling charges being pursued by the State of Texas. The Texas Department of Public Safety is the primary law enforcement agency at the heart of Operation Lone Star with aid from the Texas National Guard.

According to the governor’s office, Operation Lone Star has resulted in 498,300 migrant apprehensions, 39,200 criminal arrests (including 35,400 felony charges), and 458 million doses of fentanyl seized, along with other illegal narcotics seized. Operation Lone Star will continue to have a drastic impact on the number of arrests by Texas law enforcement for human smuggling.

What is the Texas law about human smuggling?

The current Texas law defines the offense of Smuggling of Persons in Penal Code Section §20.05 as follows:

“a) A person commits an offense if the person knowingly:

1)  uses a motor vehicle, aircraft, watercraft, or other means of conveyance to transport an individual with the intent to:

(A)  conceal the individual from a peace officer or special investigator; or

(B)  flee from a person the actor knows is a peace officer or special investigator attempting to lawfully arrest or detain the actor;

(2)  encourages or induces a person to enter or remain in this country in violation of federal law by concealing, harboring, or shielding that person from detection; or

(3)  assists, guides, or directs two or more individuals to enter or remain on agricultural land without the effective consent of the owner.”

What is the punishment for smuggling of persons in Texas?

Before February 2024, that answer varied depending on the conduct you are charged with. Generally, it is considered a Third-Degree felony with a maximum penalty of 10 years. However, the punishment classification could be enhanced with certain factors. It is important to be mindful that the penalty provisions that apply to older offenses vary depending on the alleged offense date.

Amendments to punishment range:

Today, as the result of a change in Texas law occurring in February 2024, the punishment range has drastically changed. The Texas legislature increased the penalties for violations of this offense, effective February 4, 2024. Texas Penal Code §20.05(b), as amended by SB 4, 88th Texas Legislature (SS-3), Section 3 enacted a minimum term of confinement of ten years for violations of this offense, except under certain conditions. Prior to this date, violations of this offense were third degree felonies punishable by a maximum of ten years in prison. Now, that ten years is the minimum term of confinement.

What to do if you’ve been arrested or charged with smuggling of persons?

Contact a qualified lawyer to evaluate your case. DO NOT talk to law enforcement. Law enforcement will try to persuade you to cooperate because it will be in “your best interest”- that could be true, but that decision should be made after consultation with your lawyer.

Book a consultation with Almonte Law to discuss your case. Robert Almonte II, a seasoned lawyer, prosecuted alien smuggling cases and has the expertise to evaluate your case.

The information provided on this website is for general information purposes only. Nothing on this site should be taken as legal advice.