[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[S. 2237 Introduced in Senate (IS)]

103d CONGRESS
  2d Session
                                S. 2237

To amend the Immigration and Nationality Act to strengthen the criminal 
          offenses and penalties for the smuggling of aliens.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                June 23 (legislative day, June 7), 1994

   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 to strengthen the criminal 
          offenses and penalties for the smuggling of 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 ``Alien Smuggling Act of 1994''.

SEC. 2. CRIMINAL PENALTIES FOR SMUGGLING.

    (a) Strengthening of Smuggling Offense.--Section 274(a)(1)(A) of 
the Immigration and Nationality Act (8 U.S.C. 1324(a)(1)(A)) is amended 
to read as follows:
            ``(A) knowing that a person is an alien--
                    ``(i) brings to or attempts to bring to the United 
                States, in any manner whatsoever or at any place 
                whatsoever, such person (other than a person who has 
                received prior official authorization to come to, 
                enter, or reside in the United States), knowing or in 
                reckless disregard of the fact that such coming to or 
                entry is or will be in violation of law, or
                    ``(ii) brings to or attempts to bring to the United 
                States, in any manner whatsoever, such person at a 
                place other than a designated port of entry or place 
                other than as designated by the Commissioner, 
                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 such 
                alien;''.
    (b) Enhanced Penalty for Smuggling.--Section 274(a)(1) of the 
Immigration and Nationality Act (8 U.S.C. 1324(a)(1)) is amended by 
striking ``shall be fined'' and all that follows and inserting the 
following:
``shall--
            ``(i) in the case of a violation of subparagraph (A)(i), be 
        fined in accordance with such title, or imprisoned not more 
        than ten years, or both, or
            ``(ii) in the case of any violation of subparagraph 
        (A)(ii), (B), (C), or (D), be fined in accordance with title 
        18, United States Code, or imprisoned not more than five years, 
        or both,
for each alien in respect to whom such violation occurs.''.
    (c) Repeat Offenses.--Section 274(a)(2)(B) of such Act is amended 
by inserting ``(or, in the case of an offense described in clause (ii), 
ten years)'' after ``five years''.
    (d) Effective Date.--The amendments made by this section shall 
apply to offenses occurring on or after the date of enactment of this 
Act.

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