109th CONGRESS
2d Session
H. R. 6091
To secure the borders of the United States, and to ensure the removal
of deportable criminal aliens.
IN THE HOUSE OF REPRESENTATIVES
September 15, 2006
Mr. SENSENBRENNER introduced the following bill; which was referred to
the Committee on the Judiciary
A BILL
To secure the borders of the United States, and to ensure the removal
of deportable criminal aliens.
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 `Border Security Enhancement Act of 2006'.
TITLE I--ALIEN SMUGGLER PROSECUTION ACT
SEC. 101. EFFECTIVE PROSECUTION OF ALIEN SMUGGLERS.
(a) Findings- The Congress finds as follows:
(1) Recent experience shows that alien smuggling is flourishing, is increasingly
violent, and is highly profitable.
(2) Alien smuggling operations also present terrorist and criminal organizations
with opportunities for smuggling their members into the United States
practically at will.
(3) 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.
(4) 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.
(5) 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.
(b) 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.
(c) Additional Personnel- 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.
TITLE II--CRIMINAL ALIEN REMOVAL ACT
SEC. 201. EXPEDITED REMOVAL FOR ALIENS INADMISSIBLE ON CRIMINAL GROUNDS.
(a) In General- Section 238(b) of the Immigration and Nationality Act (8
U.S.C. 1228(b)) is amended--
(A) by striking `Attorney General' and inserting `Secretary of Homeland
Security in the exercise of discretion'; and
(B) by striking `set forth in this subsection or' and inserting `set
forth in this subsection, in lieu of removal proceedings under';
(2) in paragraph (3), by striking `paragraph (1) until 14 calendar days'
and inserting `paragraph (1) or (3) until 7 calendar days';
(3) by striking `Attorney General' each place it appears in paragraphs
(3) and (4) and inserting `Secretary of Homeland Security';
(A) by striking `described in this section' and inserting `described
in paragraph (1) or (2)'; and
(B) by striking `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';
(5) by redesignating paragraphs (3), (4), and (5) as paragraphs (4), (5),
and (6), respectively; and
(6) by inserting after paragraph (2) the following new paragraph:
`(3) 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--
`(A) has not been admitted or paroled;
`(B) has not been found to have a credible fear of persecution pursuant
to the procedures set forth in section 235(b)(1)(B); and
`(C) is not eligible for a waiver of inadmissibility or relief from
removal.'.
(b) Effective Date- 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.
TITLE III--BORDER TUNNEL PREVENTION ACT OF 2006
SEC. 301. CONSTRUCTION OF BORDER TUNNEL OR PASSAGE.
(a) In General- Chapter 27 of title 18, United States Code, is amended by
adding at the end the following:
`Sec. 554. Border tunnels and passages
`(a) 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.
`(b) 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.
`(c) 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.'.
(b) Clerical Amendment- 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.'.
(c) Criminal Forfeiture- Section 982(a)(6) of title 18, United States Code,
is amended by inserting `554,' before `1425,'.
SEC. 302. DIRECTIVE TO THE UNITED STATES SENTENCING COMMISSION.
(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 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.
(b) Requirements- In carrying out this section, the United States Sentencing
Commission shall--
(1) 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;
(2) provide adequate base offense levels for offenses under such section;
(3) account for any aggravating or mitigating circumstances that might
justify exceptions, including--
(A) the use of a tunnel or passage described in subsection (a) of such
section to facilitate other felonies; and
(B) the circumstances for which the sentencing guidelines currently
provide applicable sentencing enhancements;
(4) ensure reasonable consistency with other relevant directives, other
sentencing guidelines, and statutes;
(5) make any necessary and conforming changes to the sentencing guidelines
and policy statements; and
(6) ensure that the sentencing guidelines adequately meet the purposes
of sentencing set forth in section 3553(a)(2) of title 18, United States
Code.
END
