Mr. Speaker, I yield myself as much time as I may consume. Mr. Speaker, I rise to discuss H.R. 2399, Alien Smuggling and Terrorism Prevention Act of 2007. Let me address a few basic issues about this legislation. First of all, what is…
Mr. Speaker, I yield myself as much time as I may consume.
Mr. Speaker, I rise to discuss H.R. 2399, Alien Smuggling and Terrorism Prevention Act of 2007.
Let me address a few basic issues about this legislation. First of all, what is alien smuggling? What is the existing law? What are the changes that we're proposing? And what, if any, are the problems that we need to fix with regard to this issue of alien smuggling?
Well, let's begin with what is alien smuggling. Alien smuggling is the process whereby people often known as ``coyotes'' take someone from a country like Mexico and sneak them in, often under the cover of darkness, into the United States for an average fee currently of approximately $1,500 per person. It requires specialized skills; and folks often feel that they can't come over, say, from Mexico to California and bypass all the border security agents without having a coyote or alien smuggler to help them. So they often have their family members pay the $1,500 fee.
I wanted to know more about this, so I personally went to the San Diego-Mexico border and spent a week traveling around at 2, 3 in the morning with Border Patrol agents as they arrested illegals and alien smugglers as they came across the border. And I learned from the Border Patrol agents that their biggest frustration is that they have arrested the same alien smugglers more than 20 times. In fact, the agents I met with were so demoralized they had what's called a wall of shame.
And it's hard to see from where you sit, Mr. Speaker, but this is a wall showing over 200 photographs of alien smugglers who they have repeatedly arrested, some of them more than 20 times, such as Antonio Amparo Lopez. And it is currently the law that if you smuggle someone into the United States for financial gain you will be sent to Federal prison for a minimum of 3 years. And yet, agent after agent told me they arrest the same people and they weren't prosecuted by the local San Diego prosecutor.
Well, the existing law, 3 years mandatory minimum if you smuggle someone into the United States. What does this bill do? It keeps the existing law at 3 years for smuggling someone in for financial gain, but adds some newer, stiffer penalties for certain people that you bring in. For example, if a smuggler brings someone in who is a known terrorist, then instead of being a mandatory 3 years in prison, you could be subjected to up to 30 years in prison.
And here is the challenge that I want to talk a little bit about this issue and why it's so important: When Attorney General Gonzales came before the Judiciary Committee on April 6, 2006, I relayed to him the story that I just relayed to you, Mr. Speaker, about the problems with these alien smugglers not being prosecuted. I happen to have a transcript, and I said on April 6 to the Attorney General, ``The pathetic
failure of your U.S. attorney in San Diego to prosecute alien smugglers who have been arrested 20 times is a demoralizing slap in the face to Border Patrol agents who risk their lives every day. It also undermines the credibility that you and President Bush have when you talk tough about enforcing laws. And it renders meaningless the laws this Congress passes to crack down on alien smugglers.''
Then I asked him, ``What, if anything, will you do to see that the U.S. attorney in San Diego prosecutes these alien smugglers, at least those that have been repeatedly arrested by Border Patrol agents?''
This is what the Attorney General said: ``I'm aware of what you're talking about with respect to the San Diego situation and we are looking into it. We're asking all U.S. attorneys, particularly those on the southern border to do more, quite frankly. We need to be doing more.
``But the U.S. attorneys along the southern border tell me that the existing law regarding alien smugglers could be tighter. There is a discussion and debate now about what the language should be. No one wants to prosecute those who are engaged in Good Samaritan activities. We are looking into the situation in San Diego, and we are directing that our U.S. attorneys do more because you're right; if people are coming across the border repeatedly, particularly those who are coyotes and they're smugglers or they're criminals or felons, they ought to be prosecuted.''
Now, I bring this up because there happen to be a few of us in Congress, and I happen to be one, who are pretty familiar with this issue of alien smuggling, familiar enough, having been there and talked with the Attorney General, talked with the Border Patrol agents. But we didn't have any input to this legislation.
I have the bill before us that we are debating. This is the last version, the one we're debating on. And the date on it is May 22, at 1:35 p.m. It is now 3:40 p.m. It's as thick as a small town phone book, and yet we've only had it for a couple of hours. There have been no hearings. No subcommittee markup. No full committee markup.
Now, I'm not someone who usually gets up and complains about process, but this is an example where someone like me and others of the committee could have been quite helpful if we had had hearings, could have had a markup. There are a couple of major flaws in this bill that I'll talk about. And I say this in good spirit. I'm going to actually vote for this bill because I think your intentions are correct. But let me just give you two examples.
First, if you help smuggle in a terrorist, you can go to jail for up to 30 years. Under the language of this bill, you have to show that the smuggler knew that the person was a terrorist and knew that he intended to engage in terrorist activities.
Now, you don't have to be Johnny Cochran to successfully defend a defendant in that particular case. The standard is just almost impossible for a prosecutor to prove. For example, let's say that you have Mohammad Atta on the stand, and he's just been detained by a Border Patrol agent and we want to apply this new provision.
If I was the defense attorney, my first question to the Border Patrol agent would be, Mr. Border Patrol Agent, you've arrested my client. You want to send him to prison for 30 years. Did Mr. Atta show you his al Qaeda ID card? No? Did Mr. Atta show you the picture that he has with Bin Laden and his family? No? Did he show you some videotape showing him on the monkey bars in the Afghanistan training camps? No? Well, if not, how do you know with mathematical certainty that this guy is a terrorist?
It's almost impossible to prove.
That's an example of something we could have fixed during the markup, saying, if you brought this person into the country for financial gain and he's a member of the terrorist watch list, we're going to give you an enhanced sentence up to 30 years. But we didn't have that chance because there was no markup.
Another thing that's flawed is, it doesn't fix the Good Samaritan exception. There's language in this bill that talks about Good Samaritans. Specifically, it says it is a defense, if you are arrested for a religious organization or one of its members to provide room, board, travel, medical assistance or other basic living expenses. That's the situation of a nun, for example, helping someone who's going to die out there in the 110-degree heat. We all believe that that should be provided.
But I read you the transcript of the Attorney General; he said, because this Good Samaritan exception needs to be tightened, and it does. For example, under this law, because you didn't talk with us about fixing it, if you are a member of the Red Cross or you're a member of the United Way, which is not religious affiliated, you could still be prosecuted.
Now, none of us wants that to happen.
My point is, as this bill moves forward, I'm willing to support it because I support the intent behind it. I support getting tough with alien smugglers. But the bottom line is, we need to fix this in conference. We need to work with Republicans and Democrats to include our input to make sure that at the end the day we have a much better bill that we can be proud of.
Mr. Speaker, I reserve the balance of my time.
Mr. Speaker, I have no further requests for time, and I reserve the balance of my time.
Mr. Speaker, I reserve the balance of my time.
Mr. Speaker, I ask my colleagues to vote ``yes'' on this legislation.
Mr. Speaker, I yield back the balance of my time.