[Congressional Record Volume 146, Number 4 (Thursday, January 27, 2000)]
[Extensions of Remarks]
[Page E14]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




 IN SUPPORT OF BROADENING THE TYPES OF PROPERTY SUBJECT TO CIVIL ASSET 
                  FORFEITURE IN ALIEN SMUGGLING CASES

                                 ______
                                 

                          HON. CARRIE P. MEEK

                               of florida

                    in the house of representatives

                       Thursday, January 27, 2000

  Mrs. MEEK of Florida. Mr. Speaker, my bill addresses the pernicious 
practice of alien smuggling. Alien smugglers are a huge problem in 
South Florida, especially those who bring passengers from Haiti and 
Cuba to South Florida, frequently in unsafe boats and under very 
dangerous conditions.
  For example, in March of last year, an alien smuggler's boat sank off 
the coast of West Palm Beach, Florida and, depending upon whether the 
Coast Guard or press reports of this horrendous tragedy are to be 
believed, anywhere from 15 to 40 Haitian passengers drowned.
  These heartless and inhumane alien smugglers are parasites who are 
making huge sums of money off of the suffering of Haitians and Cubans 
who seek any means, legal or otherwise, to come to the United States. 
We must provide law enforcement with all available remedies to assure 
that the smugglers cannot continue to exploit vulnerable communities 
such as the Haitians and the Cubans. Unfortunately, the existing civil 
asset forfeiture provisions for alien smuggling are far more limited 
than those available to address drug offenses.
  Current law authorizes the forfeiture of vehicles, vessels and 
aircraft used to commit alien smuggling offenses. This has proven to be 
an essential law enforcement tool that the INS uses more than 12,000 
times a year. But the law has some glaring loopholes. We know that 
other types of property besides vessels, vehicles and aircraft are also 
used to facilitate alien smuggling offenses, but these other types of 
property currently are not subject to civil asset forfeiture.
  For example, alien smugglers use electronic gear to monitor law 
enforcement activity directed against alien smuggling. The smugglers 
also own warehouses where vehicles, vessels, and even human beings are 
stashed to avoid detection by the Coast Guard or the Border Patrol. Yet 
these other types of property currently are not subject to civil asset 
forfeiture.
  Current law also does not permit the forfeiture of the proceeds of an 
alien smuggling offense. If a smuggler is paid $100,000 to bring people 
into the United States in his fishing boat, law enforcement should not 
be limited to taking the boat while letting the smuggler keep the 
$100,000. The smuggler should be required to surrender the cash as 
well.
  My bill corrects these deficiencies by expanding the scope of 
permissible civil asset forfeiture in alien smuggling cases to make it 
consistent with the standards used in drug cases. My bill provides that 
any property that constitutes, is derived from, or is traceable to the 
proceeds obtained directly or indirectly from alien smuggling, or is 
used to facilitate, or is intended to be used to facilitate alien 
smuggling, is subject to civil asset forfeiture.
  Mr. Chairman, I don't fault those who would take extraordinary steps 
to try to come to the United States. Their efforts are totally 
understandable, even though unacceptable. I fault those who bring them 
to the United States outside of the law--the alien smugglers. Alien 
smugglers are a menace to society. As in drug cases, we should give law 
enforcement the full range of asset forfeiture remedies to deal with 
the serious problem of alien smuggling.
  In civil asset forfeiture proceedings, law enforcement should have 
the ability to reach any property owned by the smugglers that is used 
to facilitate alien smuggling or that derives from or is traceable to 
such smuggling. There is no logical reason to limit the types of 
property subject to forfeiture in alien smuggling cases to vehicles, 
vessels and aircraft.
  I urge my colleagues to support this common-sense bill.

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