[Congressional Record Volume 150, Number 121 (Thursday, September 30, 2004)]
[Senate]
[Pages S10068-S10069]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. GRAHAM of South Carolina (for himself and Mr. Cornyn):
  S. 2871. A bill to provide for enhanced criminal penalties for crimes 
related to slavery and alien smuggling; to the Committee on the 
Judiciary.
  Mr. GRAHAM of South Carolina. Mr. President, as we all know, people 
from all over the world want to come to America to pursue a better life 
for themselves and their families.
  Unfortunately, however, some people entrust their lives to some very 
dangerous people in their effort to gain our shores. And, tragically, 
some people are brought here against their will and kept as human 
chattel, enslaved in horrible conditions, in the midst of our freedom.
  After hearing of the horrible deaths of aliens smuggled into the 
country and inhumanely abandoned along a Texas highway last year, I 
wanted to examine whether we are doing all we can to combat these 
horrible crimes.
  In talking with various law enforcement officials and victims, I 
heard of alien smugglers and traffickers who, through unabashed acts of 
profiteering, endanger the lives of countless aliens while compromising 
the integrity of our immigration laws at the same time. Make no 
mistake, the incentives for human smugglers are enormous. According to 
the Department of State, human smuggling around the globe generates an 
estimated $9.5 billion a year.
  The commodities involved in this illicit trade are men, women, and 
children who, for the smuggler, represent substantial profits. The 
State Department estimates that more than a million women and children 
are trafficked around the world each year, generally for the purpose of 
domestic servitude, sweatshop labor, or sexual exploitation. At any 
given time, the Department estimates that thousands of people are in 
the smuggling pipeline, with the United States being the primary

[[Page S10069]]

target. Smugglers deliver some 50,000 aliens here each year. Alien 
smuggling is a global problem which requires a systematic and 
coordinated response. We should do all we can within our criminal laws 
to combat this terrible problem.
  Given the risks associated with these crimes every time they are 
carried out, the punishment should be appropriate to deter future 
smuggling or trafficking, and to sufficiently sanction those who are 
caught. Currently, Title 8 smuggling provisions provide that a person 
found guilty of alien smuggling where death results is subject to the 
full range of punishments, including the death penalty. However, if 
death results from a Title 18 trafficking offense, where the victims 
are arguably more vulnerable, the defendant is not subjected to the 
death penalty.
  In my opinion, an important component of criminal justice 
prosecutions is to serve as a deterrent to others who may be disposed 
to commit a crime. We should ensure that the punishments for smuggling 
and trafficking crimes are such that the risks of apprehension, 
prosecution and punishment far outweigh the payday at their delivery 
point. And, we need to be diligent in making certain that notice of 
these penalties is conveyed to those who are engaged in this 
enterprise, up and down the smuggling and trafficking organizational 
chain. Obviously, in my opinion, the best way to do that is the 
vigorous prosecution and harsh punishment of those we do catch.
  I also want to say a word about the goal of this legislation. 
Clearly, the smuggling and trafficking problem impacts a host of 
immigration issues. While we are engaged in the nationwide debate 
surrounding immigration, we must also ensure that the crimes related to 
smuggling and trafficking are punished appropriately. We should not 
wait for the conclusion of debate on the overall issue.
  Whatever your feelings are regarding immigration policy, I think 
everyone can agree that we must not allow otherwise innocent men, 
women, and children to be abused and killed by those who seek to profit 
from the desperation of others.
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