Illegal Border Tunnels and Passages - 18 U.S.C. § 555
Even as border security remains at the forefront of national debate, the long and short is that the United States has strict laws in place intending to protect these borders.
Illegal tunnels and passages at U.S. borders pose significant challenges to national security and public safety, not only with regard to illegal immigration but also to the smuggling of goods into the U.S.

To address some of these issues, Title 18 U.S. Code 555 identifies several federal offenses associated with these tunnels, with serious penalties for those convicted.
If you're accused of violating this statute, depending on the specific offense, you could face up to 20 years or more in federal prison if you're convicted. These penalties underscore the gravity of the situation and the importance of understanding and complying with the law.
18 U.S.C. 555 says, "(a) Any person who knowingly constructs or finances the construction of a tunnel or subterranean passage that crosses the international border between the United States and another country, other than a lawfully authorized tunnel or passage known to the Secretary of Homeland Security and subject to inspection by Immigration and Customs Enforcement, shall be fined under this title and imprisoned for not more than 20 years.
(b) Any person who knows or recklessly disregards the construction or use of a tunnel or passage described in subsection (a) on land that the person owns or controls shall be fined under this title and imprisoned for not more than ten years.
(c) Any person who uses a tunnel or passage described in subsection (a) to smuggle an alien unlawfully, goods (in violation of section 545), controlled substances, weapons of mass destruction (including biological weapons), or a member of a terrorist organization (as defined in section 2339B(g)(6)) shall be subject to a maximum term of imprisonment that is twice the maximum term of imprisonment that would have otherwise been applicable had the unlawful activity not made use of such a tunnel or passage.
(d) Any person who attempts or conspires to commit any offense under subsection (a) or subsection (c) of this section shall be subject to the same penalties as those prescribed for the offense, the commission of which was the object of the attempt or conspiracy."
What Acts Are Prohibited Under 18 U.S.C. 555?
This statute enumerates several types of offenses related to illegal border tunnels and passages.
Constructing or Financing Unauthorized Tunnels
Since every entry point into the U.S. presents a potential vulnerability, the U.S. government wants to know and regulate every such entry point.
Thus, the primary offense associated with 18 U.S.C. 555 involves knowingly constructing or financing a tunnel or subterranean passage that crosses the international border into the United States without being authorized by the Secretary of Homeland Security and subject to inspection by Immigration and Customs Enforcement (ICE).
The key element here is the knowledge and intent behind the construction or financing of these tunnels.
Penalties: If you're convicted of constructing or financing a border tunnel or passage without federal approval or oversight, you can face fines of up to $250,000 and a federal prison sentence of up to 20 years.
Allowing Construction or Use of Illegal Tunnels on Land You Own or Control
Not only is it illegal to build or use an illegal tunnel under 18 U.S.C. 555, but it is also a federal crime to allow one on your property while knowing its purpose.

Under this statute, an individual who "knows or recklessly disregards" the construction or use of these tunnels on land they own or control can be charged.
This section of the law targets landowners who "look the other way" when it comes to illegal border crossings on their land.
This offense involves a lower threshold of knowledge, where recklessness suffices for liability. It emphasizes the significant responsibility of landowners to monitor activities on their property and contribute to border security.
Penalties: A conviction for knowingly permitting or recklessly disregarding an illegal tunnel on one's land can result in fines of up to $250,000 and up to 10 years imprisonment.
Using Illegal Tunnels for Smuggling
To be clear, the smuggling of illegal aliens, goods, controlled substances, weapons of mass destruction, or known terrorists into the U.S. are all serious violations of numerous federal statutes, each resulting in significant fines and prison time.
However, suppose you are convicted of using an illegal border tunnel to conduct these smuggling operations. In that case, you can be subject to twice the penalty you would have received for the underlying offense without using an illegal tunnel.
Another important note: Under 18 U.S.C. 555, any attempt or conspiracy to commit any of the offenses above is the same in the eyes of the government as if you actually committed the crime. For example, suppose you attempt to build an illegal tunnel but are caught before the construction begins or is completed.
In that case, you are subject to the same 20-year maximum sentence that would have been imposed had you actually built the tunnel. This aspect of the law underscores the seriousness of any attempt or conspiracy to commit an offense under 18 U.S.C. 555.
What Are Related Federal Crimes?
18 U.S. Code Chapter 27 Customs encompasses several related federal laws, including the following:
- 18 U.S.C. 541 - Entry of goods falsely classified.
- 18 U.S.C. 542 - Entry of goods by means of false statements.
- 18 U.S.C. 543 - Entry of goods for less than legal duty.
- 18 U.S.C. 544 - Relanding of goods.
- 18 U.S.C. 545 - Smuggling goods into the United States.
- 18 U.S.C. 546 - Smuggling goods into foreign countries.
- 18 U.S.C. 547 - Depositing goods in buildings on boundaries.
- 18 U.S.C. 548 - Removing or repacking goods in warehouses.
- 18 U.S.C. 549 - Removing goods from customs custody; breaking seals.
- 18 U.S.C. 550 - False claim for refund of duties.
- 18 U.S.C. 551 - Concealing or destroying invoices or other papers.
- 18 U.S.C. 552 - Officers aiding importation of obscene or treasonous books and articles.
- 18 U.S.C. 553 - Importation or exportation of stolen motor vehicles, off-highway mobile equipment, vessels, or aircraft.
- 18 U.S.C. 554 - Smuggling goods from the United States.
- 18 U.S.C. 555 - Border tunnels and passages
Defending Against Charges Under U.S.C. 555
Any criminal charge filed in regard to U.S.C. 555 is a serious matter, but an experienced federal criminal defense attorney can still employ several defenses to combat the charges. These include, but are not limited to:
- Lack of Knowledge: A key element to a conviction under 18 U.S.C. 555 is that you must knowingly commit the crime. Suppose you can demonstrate that you were unaware of the tunnel's construction or purpose, whether as a builder or a landowner. In that case, this may negate the necessary element of knowledge required for conviction.
- No Participation in the Construction or Use: Whether in cases involving actual construction or conspiracy, the burden is on the government to prove your direct involvement in the criminal activity. If there is insufficient evidence to link you to the tunnel's construction or operation, this could lead to a dismissal or acquittal.
- Duress: Another possible defense is duress, where your attorney argues that you were forced to participate in the illegal activity under threat of harm to yourself or your family. For this defense to succeed, the threat must be immediate and significant.
- Mistake of Fact: A defense based on a mistake of fact involves demonstrating that an honest and reasonable mistake negated an element of the crime. For example, your attorney might argue that you participated in the building of the tunnel but that you were unaware of its intent or that building the tunnel was illegal.
For additional information, contact our federal criminal defense law firm, Eisner Gorin LLP, based in Los Angeles, California.
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