Federal Immigration Crimes Defense
Federal authorities are intensifying immigration enforcement nationwide, placing individuals and businesses in South Carolina under heightened scrutiny.
Immigration and Customs Enforcement (ICE), the Department of Homeland Security (DHS), and the Department of Justice (DOJ) have ramped up investigations and prosecutions of federal immigration offenses in recent months. This means unauthorized immigrants, employers, and others can quickly face serious federal charges. If you are being investigated or charged with a federal immigration crime, it is critical to understand the risks you face and to secure experienced legal defense immediately.
Federal immigration investigations often involve extensive resources and coordination between agencies. In South Carolina and across the U.S., federal task forces are targeting offenses like illegal reentry, document fraud, and unlawful employment of undocumented workers. The nationwide focus on enforcement means that early intervention by a defense attorney can make all the difference in the outcome of your case. Nathan Williams offers dedicated federal immigration crime defense for individuals and companies, leveraging his background as a former federal prosecutor to protect your rights.
Common Federal Immigration Crimes
Federal immigration crimes cover a range of offenses related to unlawful entry, documents, and employing unauthorized workers. Some of the most common charges include:
Unlawful Reentry (8 U.S.C. § 1326) – Re-entering or being found in the U.S. after deportation or removal without permission is a felony. Prosecutors frequently charge “illegal reentry” or “reentry of removed aliens” against those with prior deportations, especially if there is a previous criminal record. Penalties can increase for those with felony histories upon reentry. (See 8 U.S.C. § 1326). Notably, federal prosecutors generally have discretion in selecting which individuals who have illegally entered the United States face prosecution. However, as a part of the Department of Justice, the criteria for prosecution can fluctuate over time, with a clear intention by the Department to increase prosecutions with the start of the new administration in 2025.
Immigration Document Fraud and Visa Fraud (18 U.S.C. § 1546)—Fraud and misuse of visas, permits, or other immigration documents (e.g., green cards, passports, and work permits) is a federal crime. This includes forging visa documents, using fake immigration papers, or lying on visa applications. Convictions can result in significant fines and prison time (often up to 10 years or more in severe cases).
Harboring or Transporting Undocumented Individuals (8 U.S.C. § 1324) – It is a crime to assist, hide, or transport someone known to be in the U.S. illegally. This statute covers smuggling people across the border, providing shelter to undocumented immigrants, or helping them evade detection. Penalties are severe — even a basic harboring or transportation offense is a felony that can mean up to 5 years in prison, and those penalties climb higher (10 or 20 years, even life) if the activity was for profit, involved groups, or resulted in injury or death. Businesses and individuals alike have been prosecuted under this law.
Employment-Related Immigration Violations – Employers can face criminal charges for knowingly hiring or continuing to employ unauthorized workers. Federal law (primarily under the Immigration Reform and Control Act, 8 U.S.C. § 1324a) makes hiring someone without valid work authorization unlawful. Using false documents for employment (such as fake Social Security cards or green cards) can also lead to criminal charges under document fraud statutes. Companies have been criminally penalized with massive fines for illegal hiring practices. Even Form I-9 compliance failures can result in audits, civil fines, and potential criminal investigations if there is a pattern of intentional violations.
Identity Theft and False Documentation (18 U.S.C. § 1028) – Many immigration cases involve false identities or fraudulent documents. Possessing or using phony IDs, Social Security numbers, or driver’s licenses to establish work authorization or immigration status is a federal offense. Identity theft in an immigration context (for example, using someone else’s identity to apply for a visa or job) can carry up to 15 years in prison under federal law, with additional mandatory 2-year sentences if aggravated identity theft is charged.
These charges are prosecuted in federal court and handled by the United States Attorney’s Office in the District of South Carolina. These offenses often overlap—for instance, an individual accused of harboring undocumented workers might also face charges of document fraud or identity theft. No matter the specific charge, all federal immigration crimes are serious and demand a strong defense strategy.
Nationwide Immigration Enforcement Trends
Recent trends show a nationwide crackdown on immigration-related offenses. Both under past administrations and continuing today, federal agencies are focusing on strict enforcement. Key trends include:
Increased Federal Prosecutions: U.S. prosecutors are bringing more immigration cases than ever. In some districts, enforcement surges have led to record numbers of charges in short time frames – for example, in one week of March 2025, over 230 defendants were charged with federal immigration crimes in Arizona alone. Nationwide, ICE and DOJ have devoted more significant resources to pursuing offenses like illegal reentry and smuggling, reflecting a get-tough approach. According to ICE’s latest annual report, administrative arrests of noncitizens increased nearly 20% from the prior year, illustrating the intensified effort to find and prosecute immigration violations.
Employer Crackdowns and Workplace Audits: Worksite enforcement is on the rise. ICE has been increasing workplace audits and raids in 2025, targeting industries like hospitality, agriculture, food processing, and construction. Employers are facing surprise inspections of their I-9 employment verification forms and raids looking for undocumented workers. Failure to comply can lead to heavy civil fines and even criminal charges for company owners and managers. In recent years, ICE has not hesitated to make an example of businesses – even levying record penalties (such as a $95 million fine in one case against a company for hiring unauthorized workers). Employers in South Carolina should be prepared for possible audits or investigations and have a response plan in place.
Expansion of Border-Related Investigations: The federal government has expanded multi-agency operations targeting crimes at the border and beyond. HSI (Homeland Security Investigations) and Border Patrol are working alongside the DOJ to pursue smuggling rings, fake document mills, and repeat border crossers. We’re seeing more cases originating from border arrests that lead to broader investigations inland. For instance, a simple illegal entry arrest can uncover an entire network of travel facilitators or employers, resulting in additional conspiracy or harboring charges. Federal task forces in 2024 and 2025 have added thousands of agents at the border and increased the use of technology to detect illegal crossings. The result is more arrests that trigger federal charges rather than just deportation. South Carolina residents may feel far from the border. Still, these trends can reach local communities — e.g., through investigations of organizations transporting individuals from border states or crackdowns on online document fraud rings.
Overall, the climate going into 2025 is one of aggressive enforcement. ICE, DHS, and DOJ are coordinating like never before to investigate and prosecute federal immigration crimes. This makes it all the more important to have a knowledgeable defense attorney who is up-to-date on current enforcement practices and can respond effectively to overzealous tactics.
Potential Penalties and Consequences
Being convicted of a federal immigration-related offense can lead to severe penalties that affect your freedom, finances, and future immigration status. Some of the potential consequences include:
Prison Sentences and Deportation: Nearly all federal immigration crimes are felonies that carry the possibility of imprisonment. For example, a standard illegal reentry conviction can mean up to 2 years in federal prison. If a defendant has prior aggravated felonies, the sentence can rise to 10 or even 20 years. Harboring or visa fraud offenses commonly take up to 5 or 10 years each, and smuggling crimes can stack multiple counts for multiple people. In addition to prison, non-U.S. citizens will face removal (deportation), which will occur after serving their sentence. A conviction virtually guarantees you will be deported and potentially barred for life from legally re-entering the United States. If convicted of these federal offenses, lawful permanent residents can lose their green cards and be removed from the U.S. In short, your ability to remain in the country is at grave risk if you’re found guilty.
Heavy Fines for Businesses: Companies caught in immigration violations can be hit with crippling fines and sanctions. Federal law allows for fines of thousands of dollars per unauthorized worker for hiring violations, which add up fast. Employers who engage in patterns of hiring undocumented workers or committing document fraud can even face criminal fines in the millions. High-profile crackdowns illustrate this risk: one national company paid $95 million in penalties in a plea agreement over I-9 hiring violations. Beyond fines, businesses may be barred from federal contracts or face licensing issues due to immigration convictions. The financial and reputational damage to a business found guilty of harboring or unlawful employment can be devastating.
Criminal Record and Long-Term Restrictions: A federal conviction becomes part of your permanent criminal record. This can have numerous collateral consequences. As a convicted felon, you lose certain civil rights, and it can be challenging to obtain future immigration benefits. For instance, any prior immigration crime conviction will make it nearly impossible to obtain legal status or return to the U.S. lawfully after deportation. Travel to other countries may be restricted as well. A criminal record for immigration fraud or smuggling can also harm your employment prospects (for individuals) and business opportunities (for companies). Additionally, federal immigration offenses often involve asset forfeiture – the government might seize vehicles or funds used in the offense. The bottom line: these charges carry life-changing consequences far beyond just jail time, including stigma and legal barriers that can last a lifetime.
Given these harsh penalties, mounting a strong defense is essential. With so much at stake – your liberty, your immigration status, your livelihood, and your company’s viability – you cannot afford to face federal immigration charges without experienced counsel.
Defense Strategies
Defending against federal immigration crime charges requires skill, resources, and a proactive approach. Nathan Williams utilizes a variety of proven defense strategies to protect his client's rights and achieve the best possible outcomes, such as:
Challenging the Evidence and Enforcement Tactics: We scrutinize every aspect of the government’s evidence for weaknesses. This includes examining how ICE agents and other investigators gathered their evidence. Suppose an unlawful search or seizure (for example, an ICE raid conducted without a proper warrant or beyond the warrant’s scope). In that case, we will file motions to suppress illegally obtained evidence. Any statements you make to agents must be examined to ensure they were voluntary and taken in compliance with Miranda rights – coerced or uninformed confessions can be thrown out. We can significantly weaken the prosecution’s case by challenging flawed evidence and procedure. Unlawful enforcement practices are more common than you might think; when agents overstep their bounds or violate protocol, the defense can leverage those mistakes to your advantage.
Asserting Constitutional Violations and Due Process Rights: We will aggressively defend your constitutional rights throughout the process. In some cases, novel defenses can be raised – for instance, federal courts have seen challenges to the legality of the reentry law itself (8 U.S.C. § 1326) on equal protection grounds. While such arguments are complex, they show that no aspect of the case will go unexamined. We may argue that your due process rights were violated during prior immigration proceedings. In an illegal reentry case, the law allows a defendant to collaterally attack the underlying deportation order if it is fundamentally unfair or deprives the person of judicial review. In practice, if your prior removal was conducted improperly (for example, you were wrongly denied asylum or not given a chance to see a judge), we can ask the court to dismiss the reentry charge. These constitutional and procedural defenses are vital tools to prevent unjust prosecutions. We ensure the government is held to the highest standards of fairness.
Defending Employers and Businesses: When a company or its leadership is under investigation, we mount a vigorous defense focused on business-specific issues. One key strategy is showing a lack of knowledge or intent. The prosecution must usually prove that an employer knowingly hired or harbored unauthorized immigrants. We gather evidence that our client did not know the workers’ status or took reasonable steps to comply with the law (for example, properly reviewing I-9 documents). Demonstrating good-faith compliance efforts can be a strong defense or a mitigating factor. We also push back against overzealous ICE investigative techniques – if agents misled or pressured your employees or if an informant entrapped the company, we expose that. Our team will comb employment records, communications, and audit trails to rebut the government’s claims. In some cases, negotiating with prosecutors can resolve corporate investigations civilly instead of criminally. Our goal is to protect your business’s integrity and prevent a criminal conviction that could weaken the company.
Negotiating for Reduced Penalties or Alternative Outcomes: Not every case goes to trial. As a former federal prosecutor, Nathan Williams knows how to engage with the U.S. Attorney’s Office to seek favorable resolutions. If the evidence is strong, we can often negotiate a plea agreement that avoids the most serious charges or excessive sentences. For example, a charge of illegal reentry (felony) might be negotiated down to a lesser charge of improper entry (a misdemeanor) in some circumstances. We also explore diversion programs or deferred prosecution when available. In corporate cases, we strive for civil settlements or compliance agreements instead of criminal pleas. The aim is to minimize or eliminate prison time and protect your immigration status. If cooperation with authorities is an option (such as providing information on higher-ups in an alien smuggling network), we counsel clients carefully on the risks and benefits. Every strategy — from seeking dismissal of charges to winning at trial to negotiating a deal — is on the table. We tailor the defense approach to the unique facts of your situation, always fighting for the outcome that best protects you.
Federal charges are overwhelming, but you must not face them alone. Using a combination of these strategies – attacking the government’s case, asserting your rights, and negotiating smartly – Nathan Williams works to secure the most favorable result achievable, whether an acquittal, a dismissal, or a significantly reduced charge/sentence.
Why Choose Nathan Williams?
When you are up against the federal government in an immigration case, you need an attorney with exceptional credentials and experience. With Nathan S. Williams as your defense lawyer, you benefit from:
Former Criminal Chief of the U.S. Attorney’s Office (South Carolina): Nathan Williams previously served as the Criminal Chief federal prosecutor for the entire District of South Carolina. As Criminal Chief, he supervised every federal criminal case in South Carolina and led a team of over 30 Assistant U.S. Attorneys. This background gives him insider knowledge of how federal immigration cases are built and prosecuted. He knows the tactics and priorities of ICE agents and federal prosecutors – because he was one. This experience is invaluable in crafting a defense anticipating the government’s moves.
Extensive Federal Court Experience: With over 24 years of criminal law experience in both federal and state courts, he routinely represents individuals facing immigration charges and businesses seeking advice on navigating potential criminal immigration investigations. Nathan has tried dozens of jury cases to verdict and handled some of the most complex criminal matters. From 10 years as a state prosecutor handling major felonies to more than a decade as a federal prosecutor handling cases ranging from white-collar fraud to violent crime, he has seen it all. Notably, he was part of the prosecution team in the highest-profile federal trial in recent South Carolina history – the case against Dylann Roof. His depth of courtroom experience means he is battle-tested in high-stakes litigation. He is admitted to practice in the Fourth Circuit Court of Appeals and has argued multiple appeals. Simply put, Nathan is at home in federal court and is not intimidated by complex, challenging cases or aggressive prosecutors.
Proven Success in Federal Litigation: Nathan’s track record speaks for itself. During his career, he has secured successful outcomes in a wide range of federal cases. As a prosecutor, he earned the respect of judges and juries for his skill and integrity. Now, in private practice, he has already begun achieving positive results for clients facing federal charges. His understanding of federal sentencing guidelines, knowledge of procedural nuances, and ability to think strategically give clients a significant advantage. Whether it’s getting evidence thrown out, persuading prosecutors to drop or reduce charges, or winning at trial, Nathan is committed to excellence in defense representation. Every case is prepared meticulously, with an eye toward victory. When you hire Nathan Williams, you are getting a dedicated advocate who knows how to navigate the federal system and has a passion for defending the accused.
When your future is on the line in a federal immigration case, the lawyer you choose matters immensely. Nathan Williams offers the rare combination of insider experience, legal acumen, and tenacity that can make a difference in the outcome of your case. He will personally handle your defense from start to finish, keeping you informed at each step and fighting tirelessly to protect your rights.
Free Consultation
If you or your business are facing federal immigration investigations or charges in South Carolina, time is of the essence. Early intervention by an experienced attorney can prevent mistakes and build the most vigorous possible defense. Don’t wait until charges are formally filed or an indictment is filed—by then, valuable opportunities to influence the case may have passed.
Contact Nathan Williams today to discuss your situation during a free, confidential consultation. As a solo practitioner with a boutique federal defense firm, Nathan can give each client personalized attention and craft a strategy tailored to your unique circumstances. He will review the details of your case, answer your questions, and outline a plan to defend your rights and future.
Take action now to protect yourself. The federal government is already working hard to build a case against you – start working on your defense with a legal ally who knows their playbook inside and out. With offices in the Charleston area, Nathan Williams defends clients statewide in South Carolina facing federal immigration charges. Call or reach out online today to schedule your free consultation and put a former federal prosecutor on your side. The sooner you have a strong defense, the better your chances of a positive outcome. Your future and freedom are too important to trust to anyone else.
Nathan S. Williams, Attorney at Law – Defending federal immigration crime cases in Charleston, Columbia, Florence, Greenville, and all federal courts in South Carolina.