H. R. 6091
IN THE HOUSE OF REPRESENTATIVES
September 15, 2006
Mr. Sensenbrenner introduced the following bill; which was referred to the Committee on the Judiciary
To secure the borders of the United States, and to ensure the removal of deportable criminal aliens.
This Act may be cited as the
Border Security Enhancement Act of
Alien Smuggler Prosecution Act
Effective prosecution of alien smugglers
The Congress finds as follows:
Recent experience shows that alien smuggling is flourishing, is increasingly violent, and is highly profitable.
Alien smuggling operations also present terrorist and criminal organizations with opportunities for smuggling their members into the United States practically at will.
Alien smuggling is a lucrative business. Each year, criminal organizations that smuggle or traffic in persons are estimated to generate $9,500,000,000 in revenue worldwide.
Alien smuggling frequently involves dangerous and inhumane conditions for smuggled aliens. Migrants are frequently abused or exploited, both during their journey and upon reaching the United States. Consequently, aliens smuggled into the United States are at significant risk of physical injury, abuse, and death.
Notwithstanding that alien smuggling poses a risk to the United States as a whole, uniform guidelines for the prosecution of smuggling offenses are not employed by the various United States attorneys. Understanding that border-area United States attorneys face an overwhelming workload, a lack of sufficient prosecutions by certain United States attorneys has encouraged additional smuggling, and demoralized Border Patrol officers charged with enforcing our anti-smuggling laws.
Sense of Congress
It is the sense of the Congress that the Attorney General should adopt, not later than 3 months after the date of the enactment of this Act, uniform guidelines for the prosecution of smuggling offenses to be followed by each United States attorney in the United States.
In each of the fiscal years 2008 through 2013, the Attorney General shall, subject to the availability of appropriations, increase by not less than 20 the number of attorneys in the offices of United States attorneys employed to prosecute cases under section 274 of the Immigration and Nationality Act (8 U.S.C. 1324), as compared to the previous fiscal year.
Criminal Alien Removal Act
Expedited removal for aliens inadmissible on criminal grounds
Section 238(b) of the Immigration and Nationality Act (8 U.S.C. 1228(b)) is amended—
in paragraph (1)—
Attorney General and inserting
Secretary of Homeland
Security in the exercise of discretion; and
set forth in this subsection or and inserting
in this subsection, in lieu of removal proceedings under;
in paragraph (3),
paragraph (1) until 14 calendar days and inserting
paragraph (1) or (3) until 7 calendar days;
Attorney General each place it appears in paragraphs (3) and (4)
Secretary of Homeland Security;
in paragraph (5)—
described in this section and inserting
paragraph (1) or (2); and
the Attorney General may grant in the Attorney General’s
discretion and inserting
the Secretary of Homeland Security or
the Attorney General may grant, in the discretion of the Secretary or Attorney
General, in any proceeding;
by redesignating paragraphs (3), (4), and (5) as paragraphs (4), (5), and (6), respectively; and
by inserting after paragraph (2) the following new paragraph:
The Secretary of Homeland Security in the exercise of discretion may determine inadmissibility under section 212(a)(2) (relating to criminal offenses) and issue an order of removal pursuant to the procedures set forth in this subsection, in lieu of removal proceedings under section 240, with respect to an alien who—
has not been admitted or paroled;
has not been found to have a credible fear of persecution pursuant to the procedures set forth in section 235(b)(1)(B); and
is not eligible for a waiver of inadmissibility or relief from removal.
The amendments made by subsection (a) shall take effect on the date of the enactment of this Act but shall not apply to aliens who are in removal proceedings under section 240 of the Immigration and Nationality Act as of such date.
Border Tunnel Prevention Act of 2006
Construction of border tunnel or passage
Chapter 27 of title 18, United States Code, is amended by adding at the end the following:
Border tunnels and passages
Any person who knowingly constructs or finances the construction of a tunnel or subterranean passage that crosses the international border between the United States and another country, other than a lawfully authorized tunnel or passage known to the Secretary of Homeland Security and subject to inspection by the Bureau of Immigration and Customs Enforcement, shall be imprisoned for not more than 20 years.
Any person who recklessly permits the construction or use of a tunnel or passage described in subsection (a) on land that the person owns or controls shall be imprisoned for not more than 10 years.
Any person who uses a tunnel or passage described in subsection (a) to unlawfully smuggle an alien, goods (in violation of section 545), controlled substances, weapons of mass destruction (including biological weapons), or a member of a terrorist organization (as defined in section 212(a)(3)(B)(vi) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(3)(B)(vi))) shall be subject to twice the penalty that would have otherwise been imposed had the unlawful activity not made use of such a tunnel or passage.
The table of sections for chapter 27 of title 18, United States Code, is amended by adding at the end the following:
Sec. 554. Border tunnels and passages.
Section 982(a)(6) of title 18, United States Code, is
amended by inserting
Directive to the United States Sentencing Commission
Pursuant to its authority under section 994 of title 28, United States Code, and in accordance with this section, the United States Sentencing Commission shall promulgate or amend sentencing guidelines to provide for increased penalties for persons convicted of offenses described in section 554 of title 18, United States Code, as added by section 301.
In carrying out this section, the United States Sentencing Commission shall—
ensure that the sentencing guidelines, policy statements, and official commentary reflect the serious nature of the offenses described in section 554 of title 18, United States Code, and the need for aggressive and appropriate law enforcement action to prevent such offenses;
provide adequate base offense levels for offenses under such section;
account for any aggravating or mitigating circumstances that might justify exceptions, including—
the use of a tunnel or passage described in subsection (a) of such section to facilitate other felonies; and
the circumstances for which the sentencing guidelines currently provide applicable sentencing enhancements;
ensure reasonable consistency with other relevant directives, other sentencing guidelines, and statutes;
make any necessary and conforming changes to the sentencing guidelines and policy statements; and
ensure that the sentencing guidelines adequately meet the purposes of sentencing set forth in section 3553(a)(2) of title 18, United States Code.