Alien Smuggling And Terrorism Prevention Act Of 2009
Madam Speaker, I move to suspend the rules and pass the bill (H.R. 1029) to amend the Immigration and Nationality Act and title 18, United States Code, to combat the crime of alien smuggling and related activities, and for other purposes,…
Madam Speaker, I move to suspend the rules
and pass the bill (H.R. 1029) to amend the Immigration and Nationality Act and title 18, United States Code, to combat the crime of alien smuggling and related activities, and for other purposes, as amended.
Madam Speaker, I ask unanimous consent that all Members have 5 legislative days to revise and extend their remarks and include extraneous material on the bill under consideration.
I yield myself such time as I may consume.
Madam Speaker, this legislation, sponsored by Baron Hill of Indiana, is particularly important to Texas, and I want to congratulate the gentleman for his foresight and his leadership. Maybe in his research he knows that just a few short years ago we lost a number of individuals, obviously smuggled for wrong reasons into Texas, who died in an overheated 18-wheeler. And so this is a legislative initiative that is long overdue.
The legislation gives Federal prosecutors and agents stronger enforcement weapons against human smuggling in all its forms, including human trafficking and slavery, smuggling related to terrorism or espionage, and smuggling that involves kidnapping, rape, serious injury or death.
The previous version of this bill passed the House in the last Congress 412-0.
As I noted, in Texas, we see these losses regularly, including in our sister States, individuals dying who have been trafficked or smuggled, dying in the desert out of desperation and thirst. And as I indicated, the particular case that was so egregious in Texas, people smothered to death in an 18-wheeler in the heat of the summer.
Like the previous bill, H.R. 1029 amends the alien smuggling provisions in the Immigration and Nationality Act, as well as the criminal provision for failure to ``heave to,'' to provide for extraterritorial jurisdiction, to increase maximum penalties for serious offenses, and to clarify the necessity defense that applies to legitimate maritime rescues.
The bill also establishes for the first time in Federal law that it is a serious felony to transport persons under inhumane conditions, such as in an engine or storage compartment, or to intentionally run vessels ashore at high speed to escape apprehension. Those kinds of inhumane practices have resulted in death or serious injury to numerous alien passengers.
The bill directs the Department of Homeland Security to check against all available terrorist watch lists those who are suspected of smuggling, as well as smuggled individuals who are interdicted at U.S. land, air and sea borders.
I want to thank the gentleman for his foresight. As a member of the Homeland Security Committee as well, and a member of the committee, the chairperson of the committee that has oversight over the watch list, I know how important an act this is, that it further ensures the security of America.
It provides tough penalties for the kind of serious smuggling offenses I have just described, while distinguishing those offenses from family reunification or humanitarian efforts, for which the penalties are appropriately severe.
While strengthening the current offense language, the bill preserves important case law. For instance, it will remain a violation of Federal law not only to bring illegal aliens to the United States, but to bring any alien across the border through places other than those designated as official entry ports.
This is especially critical as Congress mandates that the Department of Homeland Security institute biometric entry and exit systems. For an orderly and fair immigration system to work, people must come in through the designated sites. And certainly, I agree with the gentleman as we look toward fixing that broken system.
Finally, the bill directs the Sentencing Commission to consider providing sentencing enhancements for particularly egregious offenses, smuggling aliens in a life-threatening manner, abandoning them in the desert or on a spit of land that will be submerged at high tide, or smuggling aliens to facilitate acts of terrorism.
I commend Baron Hill for his leadership and his persistence on this bill. And I commend Chairman John Conyers and Ranking Member Lamar Smith of the Judiciary Committee, and Chairman Bennie Thompson and Ranking Member Peter King of the Homeland Security Committee for their work in improving this bill and making it a consensus, bipartisan measure.
I would like to include in the Record at this point an exchange of letters between our two committees.
House of Representatives,
Committee on Homeland Security,
Washington, DC, March 27, 2009.
Hon. John Conyers, Jr.,
Chairman, Committee on the Judiciary, House of
Representatives, Rayburn House Office Building,
Washington, DC.
Dear Mr. Chairman: I am writing to you regarding H.R. 1029,
the ``Alien Smuggling and Terrorism Prevention Act of 2009,''
introduced on February 12, 2009, by Congressman Baron P.
Hill. This legislation was initially referred to the
Committee on the Judiciary and, in addition, to the Committee
on Homeland Security.
I recognize and appreciate your desire to bring this bill
before the House in an expeditious manner. Accordingly, I am
willing to waive further consideration of H.R. 1029. However,
agreeing to waive consideration of this bill should not be
construed as the Committee on Homeland Security waiving,
altering, or otherwise affecting its jurisdiction over H.R.
1029.
Further, I request your support for the appointment of
Committee on Homeland Security conferees during any House-
Senate conference convened on this or similar legislation.
Finally, I request that a copy of this letter be included in
the Congressional Record during floor consideration of H.R.
1029. I look forward to working with you on this legislation
and other matters of great importance to this nation.
Sincerely,
Bennie G. Thompson,
Chairman.
Mr. Speaker, it is my pleasure to now yield to the distinguished sponsor of the legislation, Mr. Baron Hill of Indiana, for such time as he might consume.
(Mr. HILL asked and was given permission to revise and extend his remarks.)
I have the right to close. I believe there are no more speakers.
Mr. Speaker, again, I'd like to congratulate the gentleman from Indiana (Mr. Hill) for his leadership on this issue. This is a legislative initiative that really is long overdue. And I'd like to respond as well to the point that he made that was very, very succinct but also very, very potent about the need for comprehensive reform. He is right. As he returned to the United States Congress, it was an enormously vigorous debate. I believe some of the satellite hearings might have wound up in Indiana that were held by the U.S. House of Representatives.
If we are to complement this legislation, we also need to engage in comprehensive immigration reform so there are laws that will govern the ingress and egress of individuals here in the United States. That is a very important statement and challenge that we have. And, therefore, as we move this legislation along and give a firm response of intolerance to those who would human traffic or engage in trafficking slaves, or to cause the loss of life or the dastardly treatment of individuals, we are making the statement that we will take it seriously and that they will be punished.
In addition, I think it's very important that we complement this legislation with strong response to the violence at the border that has occurred due to drug cartels. I look forward to having the opportunity to present to our Judiciary Committee legislation that I will introduce on this issue of providing more resources for the, if you will, inhibiting and prohibiting the kind of dastardly violence that is occurring and providing the resources for DEA and ATF that I think are so very necessary.
Mr. Speaker, again I want to congratulate Mr. Hill on this legislation, and I would enthusiastically urge my colleagues to support this important legislation.
Mr. Speaker, I rise in support of H.R. 1029, ``Alien Smuggling and Terrorism Prevention Act of 2009.'' I want to thank my colleague Congressman Baron Hill of Indiana for introducing this resolution.
Mr. Speaker, as a Member of the Committee on Homeland Security, and as a Member of the Subcommittee on Immigration, I have long been an outspoken leader on this issue. Alien smuggling is not only a threat to our national security, but it also diminishes the value of human lives, and as the world's moral leader we must take a tough stance against these horrific practices. In fact as part of the Save America Act, immigration legislation that I introduced, I address this very issue. My legislation would create a special class of aliens who act as informants to assist U.S. authorities in the prosecution and apprehension of alien smugglers. In special cases these individuals would receive permanent resident status if the information substantially led to a successful prosecution and apprehension of those involved in alien smuggling.
A few years ago in Texas, prosecutors indicted 14 people who allegedly organized or facilitated the smuggling incident when a crowded trailer was found abandoned at a truck stop in Victoria, 100 miles southwest of Houston, Texas. The 14 were charged with various counts of conspiracy to conceal or transport immigrants. Twelve could face the death penalty if prosecutors decide to pursue it. More than 70 immigrants from Mexico, Central America, and the Dominican Republic were crammed into the tractor-trailer. Among the dead was a 5-year-old boy from Mexico. Seventeen immigrants died at the scene, and 2 others died later.
My preference is to provide the Border Patrol with the additional agents, equipment, and resources it needs to secure the border. I have introduced legislation that would meet these needs by providing critical resources and support for the men and women who enforce our immigration, customs, and other laws. This would include adding 15,000 Border Patrol agents over the next five years, increasing the number of agents from 11,000 to 26,000. It would require the Secretary of Homeland Security to respond rapidly to border crises by deploying up to 1,000 additional Border Patrol agents to a State when a border security emergency is declared by the Governor. It would add 100,000 more detention beds to ensure that those who are apprehended entering the United States unlawfully are sent home instead of being released into our communities. And, it would provide critical equipment and infrastructure improvements, including additional helicopters, power boats, police-type vehicles, portable computers, reliable radio communications, hand-held GPS devices, body armor, and night-vision equipment.
Mr. Speaker, I rise in strong support of this legislation for the following reasons. This bill makes a strong statement against alien smuggling while maintaining core Democratic principles. It is a tough yet fair approach to border security. It is a holistic anti-smuggling regime that reaches those who recruit aliens in their home countries, smuggle aliens across the land borders, or transport or harbor aliens in the United States.
This legislation ensures border security. It recognizes the contribution of the Border Patrol, Coast Guard, Customs & Border Protection, Immigration & Customs Enforcement, FBI, Assistant United States Attorneys, and Department of Justice prosecutors who are on the front lines of interdiction and investigation of alien smugglers. It gives agents and prosecutors tools to address alien smuggling and terrorism by re-structuring the Alien Smuggling statutes.
This legislation is tough on crime. It brings in new penalties of up to life in prison for rape, kidnapping, or attempted murder in the course of alien smuggling. H.R. 1029 revises the current statutes to provide stiff sentences for those who commit alien smuggling that facilitates terrorist activity, or those whose smuggling results in serious bodily injury or placing the life of another in jeopardy. It creates the first federal crime that recognizes transportation in inhumane conditions as a ground for an increased sentence.
The Act recognizes the needs of the Coast Guard for effective maritime anti-smuggling tools, including tough penalties for those who do not heave to, and risk their passengers' lives by intentionally beaching their vessels at high speed in an attempt to discharge their
human cargo. It directs the Sentencing Guidelines Commission to put ``teeth'' into the statute by adopting sentencing enhancements for terrorism, moving large groups of aliens, or abandoning aliens in harsh conditions such as the desert or at sea. It maintains the current sentencing structure in which smuggling for profit or to facilitate a crime results in mandatory minimum sentences, and maintains the current sentencing structure in capital cases.
Alien smuggling will not stop until we establish an immigration policy that substantially reduces the need for illegal entry into the United States.
I urge my colleagues to support this legislation.
I yield back my time.