http://www.signonsandiego.com/news/mexico/tijuana/20060120-9999-1n20fines.html
Leslie Berestein
"The goal is also to punish smugglers who generally would go unpunished. Federal prosecutors in San Diego are overburdened with human-and drug-smuggling cases, making it difficult for border security officials to prosecute most human-smuggling offenders. Only the worst cases, such as those involving the endangerment of the people being smuggled, are typically prosecuted.
Non-citizens who aren't prosecuted are subject to punishment: Foreign nationals caught smuggling can be repatriated, and legal residents can be stripped of their green cards. But until now, there have been no administrative penalties for U.S. citizens who get caught, a loophole that recruiters for smuggling organizations exploit."