S.Amdt. 3519

1. Adds SEC. __. REPATRIATION OF UNACCOMPANIED ALIEN CHILDREN wherever appropriate

   Adds a section

   Inserted: SEC. __. REPATRIATION OF UNACCOMPANIED ALIEN CHILDREN.

   Inserted: (a) In General.--Section 235(a) of the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 (8 U.S.C. 1232(a)) is amended--

   Inserted: (1) in paragraph (2)--

   Inserted: (A) in the paragraph heading, by striking "children from contiguous countries" and inserting "unaccompanied alien children";

   Inserted: (B) in subparagraph (A), by striking "a country that is contiguous with the United States" and inserting "Belize, Canada, Costa Rica, El Salvador, Guatemala, Honduras, Mexico, Nicaragua, or Panama"; and

   Inserted: (C) in subparagraph (C)--

   Inserted: (i) by striking the subparagraph heading and inserting "Agreements with foreign countries"; and

   Inserted: (ii) by striking "countries contiguous to the United States" and inserting "Belize, Canada, Costa Rica, El Salvador, Guatemala, Honduras, Mexico, Nicaragua, and Panama"; and

   Inserted: (2) in paragraph (5)(D), by striking "from a contiguous country subject to the exceptions under subsection (a)," and inserting "from Belize, Canada, Costa Rica, El Salvador, Guatemala, Honduras, Mexico, Nicaragua, or Panama who meets the criteria set forth in clauses (i) through (iii) of paragraph (2)(A),".

   Inserted: (b) Applicability.--The amendments made by subsection (a) shall apply to unaccompanied alien children who are in the custody of the Federal Government on or after the date of the enactment of this Act.

   Inserted: SEC. __. ORGANIZED HUMAN SMUGGLING.

   Inserted: (a) Definitions.--In this section:

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   Inserted: (1) Effort or scheme.--The term "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 if such acts are completed during a 1-year period.

   Inserted: (2) Lawful authority.--The term "lawful authority"--

   Inserted: (A) means permission, authorization, or license that is expressly provided for under the immigration laws of the United States; and

   Inserted: (B) does not include--

   Inserted: (i) any authority described in subparagraph (A) that was secured by fraud or otherwise unlawfully obtained; or

   Inserted: (ii) any authority that was sought, but not approved.

   Inserted: (b) Prohibited Activities.--It shall be unlawful for any person, while acting for profit or other financial gain, to knowingly direct or participate in an effort or scheme to assist or cause 5 or more persons (other than a parent, spouse, or child of the offender)--

   Inserted: (1) to enter, attempt to enter, or prepare to enter the United States--

   Inserted: (A) by fraud, falsehood, or other corrupt means;

   Inserted: (B) at any place other than a port or place of entry designated by the Secretary of Homeland Security; or

   Inserted: (C) in a manner not prescribed by the immigration laws and regulations of the United States;

   Inserted: (2) to travel by air, land, or sea toward the United States (whether directly or indirectly)--

   Inserted: (A) knowing that the persons seek to enter or attempt to enter the United States without lawful authority; and

   Inserted: (B) with the intent to aid or further such entry or attempted entry; or

   Inserted: (3) to be transported or moved outside of the United States--

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

   Inserted: (B) under circumstances in which the persons are seeking to enter the United States without official permission or legal authority.

   Inserted: (c) Conspiracy and Attempt.--Any person who attempts or conspires to violate subsection (b) shall be punished in the same manner as a person who completes a violation of such subsection.

   Inserted: (d) Base Penalty.--Except as provided in subsection (e), any person who violates subsection (b) or (c) shall be fined under title 18, United States Code, imprisoned for not more than 20 years, or both.

   Inserted: (e) Enhanced Penalties.--Any person who violates subsection (b) or (c)--

   Inserted: (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, United States Code) occurs to any person, shall be fined under title 18, United States Code, imprisoned for not more than 30 years, or both;

   Inserted: (2) in the case of a violation during and in relation to which the life of any person is placed in jeopardy, shall be fined under title 18, United States Code, imprisoned for not more than 30 years, or both;

   Inserted: (3) in the case of a violation involving 10 or more persons, shall be fined under title 18, United States Code, imprisoned for not more than 30 years, or both;

   Inserted: (4) in the case of a violation involving the bribery or corruption of a United States or foreign government official, shall be fined under title 18, United States Code, imprisoned for not more than 30 years, or both;

   Inserted: (5) in the case of a violation involving robbery or extortion (as such terms are defined in paragraph (1) or (2), respectively, of section 1951(b) of title 18, United States Code), shall be fined under title 18, United States Code, imprisoned for not more than 30 years, or both;

   Inserted: (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, United States Code), shall be fined under title 18, United States Code, imprisoned for not more than 30 years, or both;

   Inserted: (7) in the case of a violation resulting in the death of any person, shall be fined under title 18, United States Code, imprisoned for any term of years or for life, or both;

   Inserted: (8) in the case of a violation in which any alien is confined or restrained, including by the taking of clothing, goods, or personal identification documents, shall be fined under title 18, United States Code, imprisoned not fewer than 5 years and not more than 10 years, or both;

   Inserted: (9) in the case of smuggling an unaccompanied alien child (as defined in section 462(g)(2) of the Homeland Security Act of 2002 (6 U.S.C. 279(g)(2)), shall be fined under title 18, United States Code, or imprisoned not more than 20 years.

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   Original wording

   At the appropriate place, insert the following:

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As printed