119-s50

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 50 Introduced in Senate

    (IS) ]

<DOC>

119th CONGRESS
 1st Session
 S. 50

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

_______________________________________________________________________

 IN THE SENATE OF THE UNITED STATES

 January 9, 2025

 Ms. Ernst introduced the following bill; which was read twice and 
 referred to the Committee on the Judiciary

_______________________________________________________________________

 A BILL

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

 Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

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

SEC. 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:

``

SEC. 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) , in the matter preceding 
 clause
            (i) , 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''.
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