What This Bill Does
This bill creates new federal crimes related to hindering immigration, border and customs controls. It increases penalties for people who intentionally help criminals evade border security by transmitting information about law enforcement or damaging border control equipment.
Who It Affects
People who intentionally transmit information about law enforcement locations or movements to facilitate federal crimes. People who destroy or damage border control equipment like fences, barriers, sensors or cameras. People who carry or use firearms while committing these crimes.
Key Provisions
• Makes it illegal to knowingly transmit the location, movement or activities of law enforcement to another person with intent to further federal crimes related to immigration, customs, controlled substances, agriculture, monetary instruments or border controls. Punishment is a fine and up to 10 years in prison. (Sec. 2(a)(1), Sec. 295(a))
• Makes it illegal to knowingly destroy, alter, damage or construct structures intended to defeat border control equipment like fences, barriers, sensors or cameras. Without a firearm: a fine and up to 10 years in prison. With a firearm: a fine and up to 20 years in prison. (Sec. 2(a)(1), Sec. 295(b))
• Makes it illegal to attempt or conspire to commit these crimes, with the same punishments as completing the crimes. (Sec. 2(a)(1), Sec. 295(c))
• Adds "alien smuggling crime" to existing federal gun crime laws so carrying a firearm during these offenses triggers additional penalties. (Sec. 2(b))
What Changes
Federal law now includes two new crimes: transmitting law enforcement information to further border-related federal crimes and destroying or damaging border control equipment. Carrying or using firearms while committing alien smuggling crimes triggers the same enhanced penalties as carrying firearms during crimes of violence or drug trafficking crimes.
Important Definitions
The bill defines "alien smuggling crime" as felonies under specific immigration law sections. It defines "brandish" as displaying a firearm or making its presence known to intimidate someone. It defines "crime of violence" as a felony involving use, attempted use or threatened use of physical force, or that by nature involves substantial risk of physical force.
II
118TH CONGRESS
1ST SESSION
S. 374
To prohibit the intentional hindering of immigration, border, and customs
controls, and for other purposes.
IN THE SENATE OF THE UNITED STATES
FEBRUARY 9, 2023
Ms. ERNST (for herself and Mr. LANKFORD) introduced the following bill;
which was read twice and referred to the Committee on the Judiciary
A BILL
To prohibit the intentional hindering of immigration, border,
and customs controls, and for other purposes.
Be it enacted by the Senate and House of Representa-
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tives of the United States of America in Congress assembled,
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SECTION 1. SHORT TITLE.
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This Act may be cited as the ‘‘Transnational Crimi-
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nal Organization Illicit Spotter Prevention and Elimi-
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nation Act’’.
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SEC. 2. UNLAWFULLY HINDERING IMMIGRATION, BORDER,
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AND CUSTOMS CONTROLS.
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(a) ENHANCED PENALTIES.—
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•S 374 IS
(1) IN GENERAL.—Chapter 9 of title II of the
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Immigration and Nationality Act (8 U.S.C. 1351 et
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seq.) is amended by adding at the end the following:
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‘‘SEC. 295. UNLAWFULLY HINDERING IMMIGRATION, BOR-
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DER, AND CUSTOMS CONTROLS.
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‘‘(a) ILLICIT SPOTTING.—Any person who knowingly
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transmits, by any means, to another person the location,
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movement, or activities of any Federal, State, local, or
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tribal law enforcement agency with the intent to further
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a Federal crime relating to United States immigration,
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customs, controlled substances, agriculture, monetary in-
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struments, or other border controls shall be fined under
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title 18, United States Code, imprisoned not more than
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10 years, or both.
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‘‘(b) DESTRUCTION
OF UNITED STATES BORDER
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CONTROLS.—Any person who knowingly and without law-
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ful authorization destroys, alters, or damages any fence,
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barrier, sensor, camera, or other physical or electronic de-
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vice deployed by the Federal Government to control the
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border or a port of entry or otherwise seeks to construct,
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excavate, or make any structure intended to defeat, cir-
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cumvent, or evade any such fence, barrier, sensor camera,
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or other physical or electronic device deployed by the Fed-
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eral Government to control the border or a port of entry—
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•S 374 IS
‘‘(1) shall be fined under title 18, United States
1
Code, imprisoned not more than 10 years, or both;
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or
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‘‘(2) if, at the time of the offense, the person
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uses or carries a firearm or who, in furtherance of
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any such crime, possesses a firearm, shall be fined
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under such title 18, imprisoned not more than 20
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years, or both.
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‘‘(c) CONSPIRACY AND ATTEMPT.—Any person who
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attempts or conspires to violate subsection (a) or (b) shall
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be punished in the same manner as a person who com-
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pletes a violation of such subsection.’’.
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(2) CLERICAL AMENDMENT.—The table of con-
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tents in the first section of the Immigration and Na-
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tionality Act (8 U.S.C. 1101 et seq.) is amended by
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inserting after the item relating to section 294 the
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following:
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‘‘Sec. 295. Unlawfully hindering immigration, border, and customs controls.’’.
(b) PROHIBITING CARRYING OR USE OF A FIREARM
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DURING AND IN RELATION TO AN ALIEN SMUGGLING
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CRIME.—Section 924(c) of title 18, United States Code,
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is amended—
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(1) in paragraph (1)—
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(A) in subparagraph (A), by inserting ‘‘,
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alien smuggling crime,’’ after ‘‘crime of vio-
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lence’’ each place that term appears; and
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•S 374 IS
(B) in subparagraph (D)(ii), by inserting
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‘‘, alien smuggling crime,’’ after ‘‘crime of vio-
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lence’’;
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(2) by striking paragraphs (2) through (4);
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(3) by redesignating paragraph (5) as para-
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graph (2); and
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(4) by adding at the end the following:
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‘‘(3) In this subsection—
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‘‘(A) the term ‘alien smuggling crime’ means
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any felony punishable under section 274(a), 277, or
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278 of the Immigration and Nationality Act (8
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U.S.C. 1324(a), 1327, and 1328);
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‘‘(B) the term ‘brandish’ means, with respect to
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a firearm, to display all or part of the firearm, or
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otherwise make the presence of the firearm known
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to another person, in order to intimidate that per-
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son, regardless of whether the firearm is directly
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visible to such person;
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‘‘(C) the term ‘crime of violence’ means an of-
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fense that—
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‘‘(i) is a felony; and
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‘‘(ii)(I) has, as an element, the use, at-
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tempted use, or threatened use of physical force
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against the person or property of another; or
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•S 374 IS
‘‘(II) by its nature, involves a substantial
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risk that physical force against the person or
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property of another may be used in the course
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of committing the offense.
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‘‘(D) the term ‘drug trafficking crime’ means
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any felony punishable under the Controlled Sub-
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stances Act (21 U.S.C. 801 et seq.), the Controlled
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Substances Import and Export Act (21 U.S.C. 951
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et seq.), or chapter 705 of title 46.’’.
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(c) CONFORMING AMENDMENTS.—
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(1) BANKRUPTCY CODE.—Section 707(c)(1)(B)
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of title 11, United States Code, is amended by strik-
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ing ‘‘section 924(c)(2)’’ and inserting ‘‘section
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924(c)(3)(D)’’.
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(2) CRIMINAL CODE.—Title 18, United States
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Code, is amended—
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(A) in section 844(o)—
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(i) by striking ‘‘section 924(c)(3)’’
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and inserting ‘‘section 924(c)(3)(C)’’; and
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(ii) by striking ‘‘section 924(c)(2)’’
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and inserting ‘‘section 924(c)(3)(D)’’;
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(B) in section 1028(b)(3)(B), by striking
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‘‘section 924(c)(3)’’ and inserting ‘‘section
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924(c)(3)(C)’’; and
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(C) in section 4042(b)(3)—
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•S 374 IS
(i) in subparagraph (A), by striking
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‘‘section 924(c)(2)’’ and inserting ‘‘section
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924(c)(3)(D)’’; and
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(ii) in subparagraph (B), by striking
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‘‘section 924(c)(3)’’ and inserting ‘‘section
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924(c)(3)(C)’’.
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(3) PRISONS.—Section 3(1) of the Interstate
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Transportation of Dangerous Criminals Act of 2000
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(34 U.S.C. 60102(1)) is amended by striking ‘‘sec-
9
tion
924(c)(3)’’
and
inserting
‘‘section
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924(c)(3)(C)’’.
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(d) STATUTE OF LIMITATIONS.—Section 3298 of title
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18, United States Code, is amended—
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(1) by inserting ‘‘or 295’’ after ‘‘274(a)’’; and
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(2) by inserting ‘‘(8 U.S.C. 1324(a) and
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1363b)’’ after ‘‘Immigration and Nationality Act’’.
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Æ
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