Alien Smuggling and Terrorism Prevention Act of 2007 - Directs the Secretary of Homeland Security to check against all available terrorist watchlists those alien smugglers and smuggled individuals who are interdicted at U.S. land, air, and sea borders.
Revises alien smuggling and related criminal offense and penalty provisions. Provides extraterritorial jurisdiction over such offenses.
Limits a defense of necessity for knowingly bringing an illegal alien into the United States from the high seas.
Exempts from certain of such violations (transporting or harboring in the United States) a bona fide nonprofit, religious organization in the United States (or its agents or officers) that encourages, invites, or enables an alien who is present in the United States to serve as a volunteer minister or missionary for such organization in the United States, provided the minister or missionary has been a member of the denomination for at least one year.
Directs the United States Sentencing Commission to review and amend as appropriate sentencing guidelines and policy statements applicable to persons convicted of alien smuggling offenses and criminal failure to heave to or obstruction of boarding.
[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 2463 Introduced in Senate (IS)]
110th CONGRESS
1st Session
S. 2463
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.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
December 13, 2007
Mr. Bayh (for himself and Mr. Graham) introduced the following bill;
which was read twice and referred to the Committee on the Judiciary
_______________________________________________________________________
A BILL
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.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Alien Smuggling and Terrorism
Prevention Act of 2007''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) Alien smuggling by land, air, and sea is a
transnational crime that--
(A) violates the integrity of United States
borders;
(B) compromises the sovereignty of the United
States;
(C) places our Nation at risk of terrorist
activity; and
(D) contravenes the rule of law.
(2) Aggressive enforcement activity against alien smuggling
is needed to protect the borders of the United States and to
ensure our Nation's security. The border security and
antismuggling efforts of the men and women on the Nation's
front line of defense are commendable. Special recognition
should be given to the Border Patrol, the Coast Guard, United
States Customs and Border Protection, United States Immigration
and Customs Enforcement, and the Federal Bureau of
Investigation.
(3) The law enforcement community must be given the
statutory tools necessary to address this security threat. The
United States Attorneys Offices and the Domestic Security
Section of the Criminal Division cannot prosecute these cases
successfully without effective alien smuggling statutes.
(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.
SEC. 3. CHECKS AGAINST TERRORIST WATCH LIST.
The Secretary of Homeland Security shall, to the extent
practicable, check, against all available terrorist watch lists, alien
smugglers and smuggled individuals who are interdicted at the land,
air, and sea borders of the United States.
SEC. 4. STRENGTHENING PROSECUTION AND PUNISHMENT OF ALIEN SMUGGLERS.
Section 274(a) of the Immigration and Nationality Act (8 U.S.C.
1324(a)) is amended--
(1) by amending the subsection heading to read as follows:
``Bringing in, Harboring, and Smuggling of Unlawful and
Terrorist Aliens.--'';
(2) by amending paragraph (1) to read as follows:
``(1)(A) A person shall be subject to the penalties
described in subparagraph (D) if the person, knowing or in
reckless disregard of the fact that an individual is an alien
who lacks lawful authority to come to, enter, or reside in the
United States, knowingly--
``(i) brings that individual to the United States,
regardless of any future official action which may be
taken with respect to that individual;
``(ii) recruits, encourages, or induces that
individual to come to, enter, or reside in the United
States;
``(iii) transports or moves that individual in the
United States, in furtherance of that individual's
unlawful presence; or
``(iv) harbors, conceals, or shields from detection
that individual in any place in the United States,
including any building or means of transportation.
``(B) A person shall be subject to the penalties described
in subparagraph (D) if the person, knowing that an individual
is an alien, brings that individual to the United States at a
place other than a designated port of entry or a place
designated by the Secretary of Homeland Security, regardless of
whether such alien has received prior official authorization to
come to, enter, or reside in the United States and regardless
of any future official action which may be taken with respect
to that individual.
``(C) A person who attempts or conspires to commit any
offense described subparagraph (A) or (B) shall be subject to
the same penalties as a person who completes the offense.
``(D) A person who commits any offense described in this
paragraph shall, for each individual in respect to whom such
offense occurs--
``(i) be fined under title 18, United States Code,
imprisoned not more than 5 years, or both if the
offense is not described in any of clauses (ii) through
(vii);
``(ii) be fined under such title, imprisoned not
more than 1 year, or both, if the offense involved the
transit of the defendant's spouse, child, sibling,
parent, grandparent, or niece or nephew and is not
described in any of clauses (iii) through (vi);
``(iii) be fined under such title, imprisoned not
more than 10 years, or both if the violation is
described in clauses (ii), (iii), or (iv) of
subparagraph (A) or subparagraph (B) and was committed
for the purpose of profit, commercial advantage, or
private financial gain;
``(iv) be fined under such title and imprisoned, in
the case of a first or second violation, for a term of
not fewer than 3 years and not more than 10 years, and
for any subsequent violation, for a term of not fewer
than 5 years and not more than 15 years, if the
offense--
``(I) is described in subparagraph (A)(i)
and was committed for the purpose of profit,
commercial advantage, or private financial
gain; or
``(II) was committed with the intent or
reason to believe that the individual
unlawfully brought into the United States will
commit an offense against the United States or
any State that is punishable by imprisonment
for more than 1 year;
``(v) be fined under such title, imprisoned not
more than 20 years, or both if the offense--
``(I) results in serious bodily injury (as
defined in section 1365 of title 18, United
States Code); or
``(II) places in jeopardy the life of any
person;
``(vi) be fined under such title, imprisoned not
more than 30 years, or both if the offense involved an
individual who the person knew was engaged in or
intended to engage in terrorist activity (as defined in
section 212(a)(3)(B));
``(vii) be fined under such title, imprisoned for
any term of years or for life, or both if the offense
involves kidnaping, an attempt to kidnap, conduct
required for aggravated sexual abuse (as defined in
section 2241 without regard to where it takes place),
an attempt to commit such abuse, or an attempt to kill;
and
``(viii) fined under such title, punished by death
or imprisoned for any term of years or for life, or
both if the offense results in the death of any
person.''; and
(3) by amending paragraph (2) to read as follows:
``(2)(A) There is extraterritorial jurisdiction over the
offenses described in paragraph (1).
``(B) In a prosecution for a violation of, or an attempt or
conspiracy to violate subparagraph (A)(i), (A)(ii), or (B) of
paragraph (1), that occurs on the high seas, no defense based
on necessity can be raised unless the defendant--
``(i) reported to the Coast Guard, as soon as
practicable--
``(I) the circumstances of the necessity;
and
``(II) if a rescue is claimed, the name,
description, registry number, and location of
the vessel engaging in the rescue; and
``(ii) did not bring, attempt to bring, or in any
manner intentionally facilitate the entry of any alien
into the land territory of the United States without
lawful authority, unless exigent circumstances existed
that placed the life of that alien in danger, in which
case the reporting requirement under clause (i) is
satisfied by notifying the Coast Guard as soon as
practicable after delivering the alien to emergency
medical or law enforcement personnel ashore.
``(C) It is a defense to a violation of, or an attempt or
conspiracy to violate, clause (iii) or (iv) of paragraph (1)(A)
for a religious denomination having a bona fide nonprofit,
religious organization in the United States, or the agents or
officer of such denomination or organization, to encourage,
invite, call, allow, or enable an alien who is present in the
United States to perform the vocation of a minister or
missionary for the denomination or organization in the United
States as a volunteer who is not compensated as an employee,
notwithstanding the provision of room, board, travel, medical
assistance, and other basic living expenses, provided the
minister or missionary has been a member of the denomination
for at least 1 year.
``(D) In this paragraph and in paragraph (1)--
``(i) the term `lawful authority'--
``(I) means permission, authorization, or
waiver that is expressly provided for in the
immigration laws of the United States or the
regulations prescribed under those laws; and
``(II) does not include any such authority
secured by fraud or otherwise obtained in
violation of law or authority that has been
sought but not approved.
``(ii) the term `United States' means the several
States, the District of Columbia, the Commonwealth of
Puerto Rico, Guam, American Samoa, the United States
Virgin Islands, the Commonwealth of the Northern
Mariana Islands, and every other territory and
possession of the United States.''.
SEC. 5. MARITIME LAW ENFORCEMENT.
(a) Penalties.--Section 2237(b) of title 18, United States Code, is
amended to read as follows:
``(b)(1) Except as provided under paragraph (2), any person who
intentionally violates this section shall, be fined under this title,
imprisoned for not more than 5 years, or both.
``(2)(A) A person described in paragraph (1) shall be fined under
this title, imprisoned for not more than 10 years, or both if the
violation is committed in the course of a violation of--
``(i) section 274 of the Immigration and Nationality Act
(alien smuggling);
``(ii) chapter 77 (peonage, slavery, and trafficking in
persons), section 111 (shipping), 111A (interference with
vessels), 113 (stolen property), or 117 (transportation for
illegal sexual activity) of this title;
``(iii) chapter 705 (maritime drug law enforcement) of
title 46; or
``(iv) title II of the Act of June 15, 1917 (40 Stat. 220).
``(B) A person described in paragraph (1) shall be fined under this
title, imprisoned not more than 15 years, or both if the violation
results in serious bodily injury (as defined in section 1365) or
transportation under inhumane conditions.
``(C) A person described in paragraph (1) shall be fined under this
title, imprisoned for any term of years or for life, or both if the
violation--
``(i) results in death; or
``(ii) involves kidnaping, an attempt to kidnap, the
conduct required for aggravated sexual abuse (as defined in
section 2241 without regard to where it takes place), an
attempt to commit such abuse, or an attempt to kill.''.
(b) Limitation on Necessity Defense.--Section 2237(c) of title 18,
United States Code, is amended--
(1) by inserting ``(1)'' after ``(c)'';
(2) by adding at the end the following:
``(2) In a prosecution for a violation of this section, no defense
based on necessity can be raised unless the defendant--
``(A) as soon as practicable upon reaching shore, delivered
the person with respect to which the necessity arose to
emergency medical or law enforcement personnel;
``(B) as soon as practicable, reported to the Coast Guard
the circumstances of the necessity resulting giving rise to the
defense; and
``(C) did not bring, attempt to bring, or in intentionally
facilitate the entry of any alien (as defined in section
101(a)(3) of the Immigration and Nationality Act (8 U.S.C.
1101(a)(3))) into the land territory of the United States
without lawful authority, unless exigent circumstances existed
that placed the life of that alien in danger, in which case the
reporting requirement under subparagraph (B) is satisfied by
notifying the Coast Guard as soon as practicable after
delivering that person to emergency medical or law enforcement
personnel ashore.''.
(c) Definition.--Section 2237(e) of title 18, United States Code,
is amended--
(1) by redesignating paragraphs (3) and (4) as paragraphs
(4) and (5), respectively; and
(2) by inserting after paragraph (2) the following:
``(3) the term `transportation under inhumane conditions'
means--
``(A) transportation of persons in an engine
compartment, storage compartment, or other confined
space;
``(B) transportation at an excessive speed;
``(C) transportation of a number of persons in
excess of the rated capacity of the means of
transportation; or
``(D) intentionally grounding a vessel in which
persons are being transported.''.
SEC. 6. AMENDMENT TO THE SENTENCING GUIDELINES.
(a) In General.--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 review and, if appropriate,
amend the sentencing guidelines and policy statements applicable to
persons convicted of alien smuggling offenses and criminal failure to
heave to or obstruction of boarding.
(b) Considerations.--In carrying out this section, the Sentencing
Commission, shall--
(1) consider providing sentencing enhancements or
stiffening existing enhancements for those convicted of
offenses described in paragraph (1) that--
(A) involve a pattern of continued and flagrant
violations;
(B) are part of an ongoing commercial organization
or enterprise;
(C) involve aliens who were transported in groups
of 10 or more;
(D) involve the transportation or abandonment of
aliens in a manner that endangered their lives; or
(E) involve the facilitation of terrorist activity;
and
(2) consider cross-references to the guidelines for
criminal sexual abuse and attempted murder.
(c) Expedited Procedures.--The Commission may promulgate the
guidelines or amendments under this section in accordance with the
procedures set forth in section 21(a) of the Sentencing Act of 1987, as
though the authority under that Act had not expired.
<all>
Introduced in Senate
Read twice and referred to the Committee on the Judiciary.
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