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Managing America: War on Terror

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Week Ending May 25, 2006

H.R.2399 To amend the Immigration and Nationality Act and title 18, United States Code, to combat the crime of alien smuggling and related activities, and for other purposes.

Recognizing the dangerous conditions facing aliens being smuggled into the US and the humanitarian concerns on the issue, the bill goes directly to a greater concern that those being smuggled may be terrorists or the smugglers themselves may be terrorists. Prosecution is strengthened and penalties are increased.

Knowingly bringing an unlawful alien into the US and shielding them from detection faces fines and up to 5 years in prison. If the offense involved spouse and child and has no other legal problems the term is one year. If the offense involves commercial advantage or private financial gain or if the smuggler knows the person will commit a crime against the US the term is up to ten years in jail. If serious bodily harm occurs in the process the term is up to 20 years and if the person was or intended to engage in terrorist activity the term is up to 30 years. If the offense involves kidnapping aggravated sexual abuse, attempt to kill and other felonies the term is up to life.

When the offenders are apprehended Homeland Security is to run the names against all available terrorist watch lists.

If transmitting the alien is for a bona fide non-profit religious denomination the law is waived. The US Sentencing Commission will review guidelines for sentencing based on  past transgressions, if the offense was or was not commercial enterprise, how many aliens were smuggled and the possibility of terrorism.

Sponsor:  Rep. Baron P. Hill (D-IN-9^th)

Vote: Passed House 414 to 0 RC 414

Cost to the taxpayers: No discernible cost

Earmark Certification:   Not applicable to this bill

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MORE INFORMATION

Congress finds that--

(1) Alien smuggling by land, air and sea is a transnational crime that violates the integrity of United States borders, compromises our Nation's sovereignty, places the country at risk of terrorist activity, and contravenes the rule of law.

(2) Aggressive enforcement activity against alien smuggling is needed to protect our borders and ensure the security of our Nation. The border security and anti-smuggling efforts of the men and women on the Nation's front line of defense are to be commended. Special recognition is due the Department of Homeland Security through the United States Border Patrol, United States Coast Guard, Customs and Border Protection, and Immigration and Customs Enforcement, and the Department of Justice through the Federal Bureau of Investigation.

(3) The law enforcement community must be given the statutory tools necessary to address this security threat. Only through effective alien smuggling statutes can the Justice Department, through the United States Attorneys' Offices and the Domestic Security Section of the Criminal Division, prosecute these cases successfully.

(4) Alien smuggling has a destabilizing effect on border communities. State and local law enforcement, medical personnel, social service providers, and the faith community play important roles in combating smuggling and responding to its effects.

(5) Existing penalties for alien smuggling are insufficient to provide appropriate punishment for alien smugglers.

(6) Existing alien smuggling laws often fail to reach the conduct of alien smugglers, transporters, recruiters, guides, and boat captains.

(7) Existing laws concerning failure to heave to are insufficient to appropriately punish boat operators and crew who engage in the reckless transportation of aliens on the high seas and seek to evade capture.

(8) Much of the conduct in alien smuggling rings occurs outside of the United States. Extraterritorial jurisdiction is needed to ensure that smuggling rings can be brought to justice for recruiting, sending, and facilitating the movement of those who seek to enter the United States without lawful authority.

(9) Alien smuggling can include unsafe or recklessly dangerous conditions that expose individuals to particularly high risk of injury or death.

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