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U.S. Sentencing Commission proposes tighter guideline tiers, new vehicle and injury enhancements for human smuggling; seeks public comment
Summary
The U.S. Sentencing Commission voted to publish proposed amendments to guideline 2L1.1 on Jan. 30, 2026, including a revision that expands the number-of-aliens tiers, a new vehicle/vessel-specific enhancement, revised injury provisions with two alternative options, and a possible cross-reference to 18 U.S.C. 2241–2244; public comment is open until March 18, 2026.
The United States Sentencing Commission voted on Jan. 30, 2026, to publish proposed amendments to the federal Sentencing Guidelines addressing human smuggling offenses and is seeking public comment through March 18, 2026, the commission’s senior research associate Tracy Kickelhahn said.
The proposals would change guideline 2L1.1 in several ways that could increase offense levels in some human smuggling cases. "The proposed amendment would increase the number of tiers from 3 to 6, reduce the number of aliens accounted for in each tier, and provide more gradual increases based on the number of aliens involved," Kickelhahn said during the presentation, summarizing the table changes the commission is considering.
Why it matters: the proposed tiering would alter when and how much an offender’s guideline range rises as the number of people smuggled increases, and several other proposed provisions would raise offense levels in cases with particular risks or injuries. That could affect sentencing outcomes in a subset of 2L1.1 cases, the commission’s data show.
Key details from the data presentation: -…
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