What to Do If Charged with Human Smuggling in Texas

 Posted on February 05, 2026 in Criminal Law

If you’ve been charged with human smuggling in Texas, these cases move fast and often involve multiple law enforcement agencies. As of 2026, Texas continues to aggressively pursue human smuggling prosecutions across the state.

This is not rare. In one week in 2025 alone, the U.S. Attorney’s Office for the Southern District of Texas reported 235 new immigration-related criminal cases, including multiple human smuggling charges, showing how frequently these cases are filed. If you are facing this situation, knowing what to do next is critical. A San Antonio, TX human smuggling defense lawyer can help you understand the charge, protect your rights, and respond before mistakes are made.

What Is Human Smuggling Under Texas Law?

Human smuggling in Texas generally means knowingly transporting or helping transport a person who entered or remains in the United States unlawfully, to evade law enforcement. This offense is defined under Tex. Penal Code § 20.05.

The law focuses on knowledge and conduct. Prosecutors do not have to prove that you were paid or that you were part of a large operation. In some cases, simply driving someone from one location to another can lead to charges if police argue you knew or should have known the person’s immigration status.

How Serious Are Human Smuggling Charges in Texas?

Human smuggling is usually charged as a felony. The severity depends on the facts of the case, including how many people were involved and whether anyone was placed in danger.

Texas law also allows enhanced charges under Tex. Penal Code § 20.06 for continuous smuggling of persons. This applies when someone is accused of multiple smuggling acts over time and can lead to much harsher penalties.

A conviction can result in prison time, large fines, and long-term consequences that affect employment, housing, and future opportunities.

What Should You Do Immediately After Being Charged With Human Smuggling?

What you do in the first hours and days after being charged matters. Statements made early on can be used against you later.

If you are arrested or questioned, you have the right to remain silent and ask for a lawyer. Do not try to explain the situation to law enforcement or assume they will see things your way. Officers may already believe a crime occurred before speaking with you.

Contacting a defense lawyer right away helps ensure your rights are protected, and evidence is reviewed early.

Can You Be Charged With Human Smuggling Even if You Were Trying To Help Someone?

Many people charged with human smuggling believed they were helping a friend, family member, or acquaintance. Texas law does not require proof that you intended to harm anyone.

Prosecutors often focus on whether you knew or should have known the person’s immigration status. Even without payment or bad intent, charges can still be filed. These cases often turn on small details and how evidence is interpreted.

What Are Common Defense Issues in Texas Human Smuggling Cases?

Every case is different, but many human smuggling cases involve similar legal issues. A defense depends on whether the state can prove each required element of the offense.

Common defense questions include:

• Did you actually know the person’s immigration status?
• Does the conduct meet the legal definition of smuggling?
• Were statements taken lawfully and without pressure?
• Was the traffic stop or search legal?

Challenging these points can weaken the case and, in some situations, lead to reduced charges or dismissal.

How Do Federal and State Charges Affect These Cases?

Human smuggling cases often involve both Texas authorities and federal agencies. Even when charges are filed under state law, federal immigration issues may arise.

Actions taken in the state case can affect federal consequences. This overlap makes these cases more complex and increases the risk of unintended outcomes without careful legal guidance.

Contact a San Antonio, TX Human Smuggling Defense Attorney

At Law Offices of Sam H. Lock, we understand how frightening a human smuggling charge can be. Attorney Lock began his career in civil litigation and brings over 20 years of legal experience to defending serious criminal cases. That background supports a careful and strategic approach to complex charges.

If you have been charged with human smuggling, do not wait. Call 210-226-0965 to schedule a consultation with a San Antonio, TX human smuggling defense lawyer today. When you call, your call will be answered by a real person 24 hours a day, seven days a week.