H.R. 3602House118th Congress (2023-2025)Failed

Transnational Criminal Organization Illicit Spotter Prevention and Elimination Act

Introduced May 23, 2023

AI-Generated Summary

Updated January 20, 2026 at 8:06 AM UTC

The bill creates new federal crimes aimed at protecting immigration and border enforcement. It makes it illegal to share the location or activities of law‑enforcement agencies to help immigration‑related crimes and to damage or tamper with border fences, sensors, cameras, or other devices. Penalties can be up to ten years in prison, or up to twenty years if a firearm is used. It also updates firearm‑related sentencing rules for alien‑smuggling offenses.

Key Provisions

  • Establishes an “Illicit Spotting” offense for knowingly transmitting law‑enforcement location information to aid immigration, customs, drug, agriculture, or other border‑related crimes, punishable by up to 10 years in prison or a fine
  • Criminalizes the destruction, alteration, or damage of border infrastructure (fences, barriers, sensors, cameras, etc.) with penalties of up to 10 years, or up to 20 years if a firearm is used during the offense
  • Extends conspiracy and attempt liability for the above offenses to the same penalties
  • Amends 18 U.S.C. §924(c) to add “alien smuggling crime” as a crime of violence for firearm‑enhancement sentencing and defines related terms
  • Updates the statute of limitations to include the new offense under the relevant criminal code sections

Legislative Activity

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8 earlier actions
HouseFloor Latest Action

On motion to suspend the rules and pass the bill, as amended Failed by the Yeas and Nays: (2/3 required): 215 - 199 (Roll no. 143).

April 20, 2024 • 1:04 PM

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HouseIntro Referral

Introduced in House

May 23, 2023

HouseIntro Referral

Referred to the House Committee on the Judiciary.

May 23, 2023

HouseFloor

Mr. Moore (AL) moved to suspend the rules and pass the bill, as amended.

April 19, 2024 • 11:12 AM

HouseFloor

Considered under suspension of the rules. (consideration: CR H2533-2555; text: CR H2533-2549)

April 19, 2024 • 11:13 AM

HouseFloor

DEBATE - The House proceeded with forty minutes of debate on H.R. 3602.

April 19, 2024 • 11:13 AM

HouseFloor

At the conclusion of debate, the Yeas and Nays were demanded and ordered. Pursuant to the provisions of clause 8, rule XX, the Chair announced that further proceedings on the motion would be postponed.

April 19, 2024 • 12:05 PM

HouseFloor

Considered as unfinished business. (consideration: CR H2614-2615)

April 20, 2024 • 12:32 PM

HouseFloor

Failed of passage/not agreed to in House On motion to suspend the rules and pass the bill, as amended Failed by the Yeas and Nays: (2/3 required): 215 - 199 (Roll no. 143).

April 20, 2024 • 1:04 PM

HouseFloor

On motion to suspend the rules and pass the bill, as amended Failed by the Yeas and Nays: (2/3 required): 215 - 199 (Roll no. 143).

April 20, 2024 • 1:04 PM

Floor Debate

16 members

What members said about H.R. 3602 on the floor

8 Republicans8 Democrats
Jerrold Nadler
Rep. Jerrold NadlerD-NY-12 · Apr 19, 2024

Mr. Speaker, I yield myself such time as I may consume. Mr. Speaker, I rise today in opposition to this foolhardy attempt to pass for a second time one of the most draconian immigration bills this…

Barry Moore
Rep. Barry MooreR-AL-2 · Apr 19, 2024

Mr. Speaker, I move to suspend the rules and pass the bill (H.R. 3602) to prohibit the intentional hindering of immigration, border, and customs controls, and for other purposes, as amended. Mr.…

Steve Scalise
Rep. Steve ScaliseR-LA-1 · Apr 19, 2024

Mr. Speaker, I rise in strong support of this bill. Mr. Speaker, for years now, this House Republican majority--and before we were a majority--has been calling on President Biden to secure America's…

Juan Ciscomani
Rep. Juan CiscomaniR-AZ-6 · Apr 19, 2024

Mr. Speaker, I thank my friend from Alabama for yielding me time. I am glad to see this body taking up my border security legislation today alongside these other important packages as well. Now, the…

Chip Roy
Rep. Chip RoyR-TX-21 · Apr 19, 2024

Mr. Speaker, I thank my friend from Alabama for yielding. The gentlewoman is right, in part, in that we are here for two reasons. Yes, this bill will not become law--there is no question about that--…

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Pramila Jayapal
Rep. Pramila JayapalD-WA-7 · Apr 19, 2024

Mr. Speaker, I rise in strong opposition to this cruel, unworkable and inhumane modified version of the Republican border bill H.R. 2. What is the point of this exercise? The majority could barely…

Bennie G. Thompson
Rep. Bennie G. ThompsonD-MS-2 · Apr 19, 2024

Mr. Speaker, I thank the gentleman from New York for giving me the time. Mr. Speaker, I rise in a strong opposition to this sideshow. Consideration of H.R. 3602 today is a cynical move meant to…

Thomas R. Suozzi
Rep. Thomas R. SuozziD-NY-3 · Apr 19, 2024

Mr. Roy, the histrionics and the hyperbole are not working. You said so yourself. It is not working. It is not working. The bottom line is that we face issues that are very serious in our country,…

Sheila Jackson Lee
Rep. Sheila Jackson LeeD-TX-18 · Apr 19, 2024

Mr. Speaker, I thought we would come here today and have a reasoned opportunity to address this question. Let me be very clear. I have been in this body long enough to say that we have had a time…

Jim Jordan
Rep. Jim JordanR-OH-4 · Apr 19, 2024

Mr. Speaker, I thank the gentleman for yielding. Mr. Speaker, the Democrats called this bill a joke. It is not a joke to put back in place the policies that worked. In fact, I would call that common…

Andy Biggs
Rep. Andy BiggsR-AZ-5 · Apr 19, 2024

Mr. Speaker, I will say this about the gentleman from New York (Mr. Nadler), that he is right on some points, but he is wrong on some points, as well. One of them is this: This bill gives money to…

Scott Perry
Rep. Scott PerryR-PA-10 · Apr 19, 2024

Mr. Speaker, duplicity. This is a lie. It is a deceit. It is trickery. It is chicanery. It is a fraud. It is a swindle. It is a scam. By design, Mr. Speaker, this is a pig in a poke. You don't even…

Donald M. Payne, Jr.
Rep. Donald M. Payne, Jr.D-NJ-10 · Apr 20, 2024

Mr. Speaker, I was unable to cast my vote for Roll Call Votes Nos. 143 through 152. Had I been present, I would have voted: ``Nay'' on Roll Call Vote No. 143, H.R. 3602; `'Nay'' on Roll Call Vote No.…

Show 4 more
Colin Z. Allred
Rep. Colin Z. AllredD-TX-32 · Apr 23, 2024

Mr. Speaker, on April 20, 2024, I was absent during the time of the following vote. Had I been present, I would have voted: NAY on Roll Call No. 143, H.R. 3602, End the Border Catastrophe Act.

Cathy McMorris Rodgers
Rep. Cathy McMorris RodgersR-WA-5 · Apr 20, 2024

Madam Speaker, I was absent during the recorded vote to suspend the rules and pass the bill, as amended. Had I been present, I would have voted Yea on Roll Call No. 143. Stated against:

Colin Z. Allred
Rep. Colin Z. AllredD-TX-32 · Apr 20, 2024

Madam Speaker, had I been present, I would have voted Nay on Roll Call No. 143.

Jamaal Bowman
Rep. Jamaal BowmanD-NY-16 · Apr 20, 2024

Madam Speaker, had I been present, I would have voted Nay on Roll Call No. 143.

Bill Text

Latest available legislative text

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Introduced in HouseIssued May 23, 2023

I

118th CONGRESS

1st Session

H. R. 3602

IN THE HOUSE OF REPRESENTATIVES

May 23, 2023

Mr. Ciscomani (for himself, Mr. Tony Gonzales of Texas, Mr. Bacon, and Mrs. Miller-Meeks) introduced the following bill; which was referred to the Committee on the Judiciary

A BILL

To prohibit the intentional hindering of immigration, border, and customs controls, and for other purposes.

1.

Short title

This Act may be cited as the Transnational Criminal Organization Illicit Spotter Prevention and Elimination Act.

2.

Unlawfully hindering immigration, border, and customs controls

(a)

Enhanced penalties

(1)

In general

Chapter 9 of title II of the Immigration and Nationality Act (8 U.S.C. 1351 et seq.) is amended by adding at the end the following:

295.

Unlawfully hindering immigration, border, and customs controls

(a)

Illicit spotting

Any person who knowingly transmits, by any means, to another person the location, movement, or activities of any Federal, State, local, 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, United States Code, imprisoned not more than 10 years, or both.

(b)

Destruction of United States border controls

Any person who 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—

(1)

shall be fined under title 18, United States Code, imprisoned not more than 10 years, or both; or

(2)

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, shall be fined under such 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) shall be punished in the same manner as a person who completes a violation of such subsection.

.

(2)

Clerical amendment

The table of contents in the first section of the Immigration and Nationality Act (8 U.S.C. 1101 et seq.) is amended by inserting after the item relating to section 294 the following:

Sec. 295. Unlawfully hindering immigration, border, and customs controls.

.

(b)

Prohibiting carrying or use of a firearm during and in relation to an alien smuggling crime

Section 924(c) of title 18, United States Code, is amended—

(1)

in paragraph (1)—

(A)

in subparagraph (A), by inserting , alien smuggling crime, after crime of violence each place that term appears; and

(B)

in subparagraph (D)(ii), by inserting , alien smuggling crime, after crime of violence;

(2)

by striking paragraphs (2) through (4);

(3)

by redesignating paragraph (5) as paragraph (2); and

(4)

by adding at the end the following:

(3)

In this subsection—

(A)

the term alien smuggling crime means any felony punishable under section 274(a), 277, or 278 of the Immigration and Nationality Act (8 U.S.C. 1324(a), 1327, and 1328);

(B)

the term brandish means, with respect to a firearm, to display all or part of the firearm, or otherwise make the presence of the firearm known to another person, in order to intimidate that person, regardless of whether the firearm is directly visible to such person;

(C)

the term crime of violence means an offense that—

(i)

is a felony; and

(ii)
(I)

has, as an element, the use, attempted use, or threatened use of physical force against the person or property of another; or

(II)

by its nature, involves a substantial risk that physical force against the person or property of another may be used in the course of committing the offense.

(D)

the term drug trafficking crime means any felony punishable under the Controlled Substances Act (21 U.S.C. 801 et seq.), the Controlled Substances Import and Export Act (21 U.S.C. 951 et seq.), or chapter 705 of title 46.

.

(c)

Conforming amendments

(1)

Bankruptcy code

Section 707(c)(1)(B) of title 11, United States Code, is amended by striking section 924(c)(2) and inserting section 924(c)(3)(D).

(2)

Criminal code

Title 18, United States Code, is amended—

(A)

in section 844(o)—

(i)

by striking section 924(c)(3) and inserting section 924(c)(3)(C); and

(ii)

by striking section 924(c)(2) and inserting section 924(c)(3)(D);

(B)

in section 1028(b)(3)(B), by striking section 924(c)(3) and inserting section 924(c)(3)(C); and

(C)

in section 4042(b)(3)—

(i)

in subparagraph (A), by striking section 924(c)(2) and inserting section 924(c)(3)(D); and

(ii)

in subparagraph (B), by striking section 924(c)(3) and inserting section 924(c)(3)(C).

(3)

Prisons

Section 3(1) of the Interstate Transportation of Dangerous Criminals Act of 2000 (34 U.S.C. 60102(1)) is amended by striking section 924(c)(3) and inserting section 924(c)(3)(C).

(d)

Statute of limitations

Section 3298 of title 18, United States Code, is amended—

(1)

by inserting or 295 after 274(a); and

(2)

by inserting (8 U.S.C. 1324(a) and 1363b) after Immigration and Nationality Act.