§ 3712 : ORGANIZED AND ABUSIVE HUMAN SMUGGLING ACTIVITIES

ENHANCED PENALTIES.—

1.

IN GENERAL.—Title II (8 U.S.C. 1151 et seq.) is amended by adding at the end the following:

SEC. 295. ORGANIZED HUMAN SMUGGLING.

a.

PROHIBITED ACTIVITIES.—Whoever, while acting for profit or other financial gain, knowingly directs or participates in an effort or scheme to assist or cause 5 or more persons (other than a parent, spouse or child of the offender)—

1.

to enter, attempt to enter, or prepare to enter the United States—

A.

by fraud, falsehood, or other corrupt means;

B.

at any place other than a port or place of entry designated by the Secretary; or

C.

in a manner not prescribed by the immigration laws and regulations of the United States; or

2.

to travel by air, land, or sea toward the United States (whether directly or indirectly)—

A.

knowing that the persons seek to enter or attempt to enter the United States without lawful authority; and

B.

with the intent to aid or further such entry or attempted entry; or

3.

to be transported or moved outside of the United States—

A.

knowing that such persons are aliens in unlawful transit from 1 country to another or on the high seas; and

B.

under circumstances in which the persons are in fact seeking to enter the United States without official permission or legal authority; shall be punished as provided in subsection (c) or (d).

b.

CONSPIRACY AND ATTEMPT.—Any person who attempts or conspires to violate subsection (a) of this section shall be punished in the same manner as a person who completes a violation of such subsection.

c.

BASE PENALTY.—Except as provided in subsection (d), any person who violates subsection (a) or (b) shall be fined under title 18, imprisoned for not more than 20 years, or both.

d.

ENHANCED PENALTIES.—Any person who violates subsection (a) or (b) shall—

1.

in the case of a violation during and in relation to which a serious bodily injury (as defined in section 1365 of title 18) occurs to any person, be fined under title 18, imprisoned for not more than 30 years, or both;

2.

in the case of a violation during and in relation to which the life of any person is placed in jeopardy, be fined under title 18, imprisoned for not more than 30 years, or both;

3.

in the case of a violation involving 10 or more persons, be fined under title 18, imprisoned for not more than 30 years, or both;

4.

in the case of a violation involving the bribery or corruption of a U.S. or foreign government official, be fined under title 18, imprisoned for not more than 30 years, or both;

5.

in the case of a violation involving robbery or extortion (as those terms are defined in paragraph (1) or (2), respectively, of section 1951(b)) be fined under title 18, imprisoned for not more than 30 years, or both;

6.

in the case of a violation during and in relation to which any person is subjected to an involuntary sexual act (as defined in section 2246(2) of title 18), be fined under title 18, imprisoned for not more than 30 years, or both; or

7.

in the case of a violation resulting in the death of any person, be fined under title 18, imprisoned for any term of years or for life, or both.

e.

LAWFUL AUTHORITY DEFINED.—

1.

IN GENERAL.—In this section, the term lawful authority—

A.

means permission, authorization, or license that is expressly provided for in the immigration laws of the United States or accompanying regulations; and

B.

does not include any such authority secured by fraud or otherwise obtained in violation of law; nor does it include authority sought, but not approved.

2.

APPLICATION TO TRAVEL OR ENTRY.—No alien shall be deemed to have lawful authority to travel to or enter the United States if such travel or entry was, is, or would be in violation of law.

f.

EFFORT OR SCHEME.—For purposes of this section,effort or scheme to assist or cause 5 or more persons does not require that the 5 or more persons enter, attempt to enter, prepare to enter, or travel at the same time so long as the acts are completed within 1 year.

SEC. 296. UNLAWFULLY HINDERING IMMIGRATION, BORDER, AND CUSTOMS CONTROLS.

a.

ILLICIT SPOTTING.—Whoever knowingly transmits to another person the location, movement, or activities of any Federal, State, or tribal law enforcement agency with the intent to further a Federal crime relating to United States immigration, customs, controlled substances, agriculture, monetary instruments, or other border controls shall be fined under title 18, imprisoned not more than 10 years, or both.

b.

DESTRUCTION OF UNITED STATES BORDER CONTROLS.—Whoever knowingly and without lawful authorization destroys, alters, or damages any fence, barrier, sensor, camera, or other physical or electronic device deployed by the Federal Government to control the border or a port of entry or otherwise seeks to construct, excavate, or make any structure intended to defeat, circumvent or evade any such fence, barrier, sensor camera, or other physical or electronic device deployed by the Federal government to control the border or a port of entry shall be fined under title 18, imprisoned not more than 10 years, or both, and if, at the time of the offense, the person uses or carries a firearm or who, in furtherance of any such crime, possesses a firearm, that person shall be fined under title 18, imprisoned not more than 20 years, or both

c.

CONSPIRACY AND ATTEMPT.—Any person who attempts or conspires to violate subsection (a) or (b) of this section shall be punished in the same manner as a person who completes a violation of such subsection.

TABLE OF CONTENTS AMENDMENT.—The table of contents is amended by adding after the item relating to section 294the following:

Sec. 295. Organized human smuggling.

Sec. 296. Unlawfully hindering immigration, border, and customs controls.