[Congressional Record Volume 145, Number 127 (Monday, September 27, 1999)]
[Senate]
[Pages S11495-S11496]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. ABRAHAM (for himself, Mr. Schumer, and Mrs. Feinstein):
  S. 1644. A bill to provide additional measures for the prevention and 
punishment of alien smuggling, and for other purposes; to the Committee 
on the Judiciary.


             alien smuggling prevention and enforcement act

  Mr. ABRAHAM. Mr. President, I rise to introduce the Alien Smuggling 
Prevention and Enforcement Act. This legislation, which I am 
introducing with my colleagues, Senator Schumer and Senator Feinstein, 
will give law enforcement new tools and resources in the continuing 
fight against the smuggling of illegal aliens.
  Despite continued efforts, Mr. President, alien smuggling remains a 
serious problem in America. Smugglers have responded to increases in 
the efforts of our border patrol by adopting more daring methods to 
smuggle individuals illegally into the United States. In many cases, 
these methods entail little or no concern for the safety of the 
individuals being smuggled. Moreover, these attempts increasingly 
involve organized criminal gangs. As recently as 1996, in the Illegal 
Immigration Reform and Immigrant Responsibility Act, Congress has acted 
to combat this dangerous form of smuggling. But it is clear that more 
needs to be done.
  I would like to quote from a story appearing in the August 15, 1999 
edition of the Detroit News. This story sums up well our current 
situation, demonstrating that we face a problem of national importance: 
``Illegal alien smuggling is a growing yet largely hidden business 
along the U.S.-Canadian border. Smugglers are getting as much as 
$50,000 per person to bring in aliens desperate to reach the United 
States. Yet immigration authorities, short of personnel and detention 
facilities, can do little to slow the activity.'' The story goes on to 
quote Carl L. McClafferty, chief of the Detroit sector of the Border 
Patrol, who notes ``We get spurts of drug smuggling, but we have a 
constant drone of alien smuggling. For us, alien smuggling is steady 
work.''
  My state of Michigan has been hit particularly hard by alien 
smugglers. Crackdowns in other areas of the country have made Detroit 
in particular a target for illegal entry. We simply do not have the 
staff on hand with the tools and resources needed to successfully 
combat this problem. This means more illegal aliens in our country. It 
also produces an added boost to criminal gang activities and all the 
problems these activities bring with them. And that, Mr. President, is 
why I am introducing this legislation.
  The Alien Smuggling Prevention and Enforcement Act would do the 
following.
  First, it would double the personnel devoted to combating alien 
smuggling. Today, Mr. President, approximately 260 people are employed 
by the Immigration and Naturalization Service (INS) to investigate and 
fight alien smuggling. This figure has not risen in the past three 
years. This legislation would require the INS to add 50 more 
investigators and other enforcement personnel each year over the next 5 
years, each of them devoted to combating alien smuggling.
  Second, this legislation would double criminal sentences for alien 
smugglers. Under U.S. Sentencing Commission guidelines, the current 
minimum sentence for smuggling one to five aliens is 10 months; for 
smuggling 6-24 aliens the minimum sentence is 18 months; for 25-100 
aliens it's 27 months; and for more than 100 aliens it's 37 months. 
Simply put, those sentences are not high enough to deter this heinous 
conduct. Nor are they severe enough, in moral terms, as punishment for 
acts involving intentional breaking of American law and the serious 
risk of injury and death to innocent parties and those being smuggled. 
This legislation would direct the U.S. Sentencing Commission to double 
the relevant sentences to 20 months, 36 months 54 months, and 74 
months, respectively.
  Third, this legislation would increase fines for those convicted of 
alien smuggling to twice the amount an alien smuggler received, or 
expected to receive, for his or her this illegal activity. Under U.S. 
Sentencing Commission guidelines, currently the minimum fine is $3,000 
for smuggling one to five aliens; for smuggling 6-24 aliens the fine is 
$4,000; for 25-100 aliens it's $6,000; and for more than 100 aliens 
it's $7,500. Again, that is simply not strict enough, particularly 
given the profits to be made from this illegal activity. This 
legislation would direct the U.S. Sentencing Commission to impose a 
fine above these minimum levels equal to twice the amount an alien 
smuggler received, or expected to receive, for his or her illegal 
activity.
  This legislation also would authorize additional operating expense 
money to conduct undercover operations and prosecute alien smuggling 
and require an annual report to Congress by the Commissioner of the INS 
on the agency's strategy to deal wit alien smuggling.
  Taken together, Mr. President, these measures will deter alien 
smuggling. By giving law enforcement personnel the tools they need to 
catch alien smugglers and seeing to it that they are punished as 
harshly as is called for by their crime, this legislation will help 
deter illegal immigration and deal a very real blow to criminal gang 
activity.
  I urge my colleagues to support this important legislation and ask 
unanimous consent that the text of the bill be printed in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 1644

       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 Prevention 
     and Enforcement Act of 1999''.

     SEC. 2. INCREASED PERSONNEL FOR INVESTIGATING AND COMBATING 
                   ALIEN SMUGGLING.

       The Attorney General in each of the fiscal years 2000, 
     2001, 2002, 2003, and 2004 shall increase the number of 
     positions for full-time, active duty investigators or other 
     enforcement personnel within the Immigration and 
     Naturalization Service who are assigned to combating alien 
     smuggling by not less than 50 positions above the number of 
     such positions for which funds were allotted for the 
     preceding fiscal year.

     SEC. 3. INCREASING CRIMINAL SENTENCES AND FINES FOR ALIEN 
                   SMUGGLING.

       Pursuant to its authority under section 994(p) of title 28, 
     United States Code, the

[[Page S11496]]

     United States Sentencing Commission shall promulgate 
     sentencing guidelines or amend existing sentencing guidelines 
     for smuggling, transporting, harboring, or inducing aliens 
     under sections 274(a)(1)(A) of the Immigration and 
     Nationality Act (8 U.S.C. 1324(a) (1)(A)) so as to--
       (1) double the minimum term of imprisonment under that 
     section for offenses other than those currently covered by 
     guideline 2L1.1(b)(1) involving the smuggling, transporting, 
     harboring, or inducing of--
       (A) 1 to 5 aliens from 10 months to 20 months;
       (B) 6 to 24 aliens from 18 months to 36 months;
       (C) 25 to 100 aliens from 27 months to 54 months; and
       (D) 101 aliens or more from 37 months to 74 months;
       (2) increase the minimum level of fines for each of the 
     offenses described in subparagraphs (A) through (D) of 
     paragraph (1) to the greater of the current minimum level or 
     twice the amount the defendant received or expected to 
     receive as compensation for the illegal activity; and
       (3) increase by at least 2 offense levels above the 
     applicable enhancement in effect on the date of enactment of 
     this Act the sentencing enhancements for intentionally or 
     recklessly creating a substantial risk of serious bodily 
     injury or causing bodily injury, serious injury, permanent or 
     life threatening injury, or death.

     SEC. 4. AMENDMENTS TO SENTENCING GUIDELINES REGARDING THE 
                   EFFECT OF PROSECUTORIAL POLICIES.

       In the exercise of its authority under section 994 of title 
     28, United States Code, the United States Sentencing 
     Commission shall amend the Federal sentencing guidelines to 
     include the following:

     ``Sec. 5H1.14. Plea bargaining and other prosecutorial 
       policies.

       ``Plea bargaining and other prosecutorial policies, and 
     differences in those policies among different districts, are 
     not a ground for imposing a sentence outside the applicable 
     guidelines range.''.

     SEC. 5. AUTHORIZATION OF APPROPRIATIONS.

       (a) In General.--In addition to funds otherwise available 
     for such purpose, there are authorized to be appropriated to 
     the Immigration and Naturalization Service of the Department 
     of Justice such sums as may be necessary to carry out section 
     2 and to cover the operating expenses of the Service and the 
     Department in conducting undercover investigations of alien 
     smuggling activities and in prosecuting violations of section 
     274(a)(1)(A) of the Immigration and Nationality Act (relating 
     to alien smuggling), resulting from the increase in personnel 
     under section 2.
       (b) Availability of Funds.--Amounts appropriated pursuant 
     to subsection (a) are authorized to remain available until 
     expended.

     SEC. 6. ANNUAL REPORT.

       Beginning one year after the date of enactment of this Act, 
     and annually thereafter, the Attorney General shall submit to 
     the Judiciary Committees of the House of Representatives and 
     the Senate a report on the strategy utilized by the 
     Immigration and Naturalization Service in dealing with alien 
     smuggling.

     SEC. 7. ALIEN SMUGGLING DEFINED.

       In sections 2, 5, and 6, the term ``alien smuggling'' means 
     any act prohibited by paragraph (1) or (2) of section 274(a) 
     of the Immigration and Nationality Act (8 U.S.C. 1324(a)).

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