[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6091 Introduced in House (IH)]








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--
            (1) in paragraph (1)--
                    (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'';
            (4) in paragraph (5)--
                    (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.
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