I 

109TH CONGRESS 

1ST SESSION H. R. 255

To prevent commercial alien smuggling, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JANUARY 6, 2005

Ms. JACKSON-LEE of Texas introduced the following bill; which was referred 

to the Committee on the Judiciary 

A BILL

To prevent commercial alien smuggling, and for other 

purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as—

5 (1) the ‘‘Commercial Alien Smuggling Elimi6 nation Act of 2005’’; or 

7 (2) the ‘‘CASE Act of 2005’’. 

8 SEC. 2. NEW CLASS OF NONIMMIGRANT ALIENS. 

9 (a) IN GENERAL.—Section 101(a)(15)(S) of the Im10 migration and Nationality Act (8 U.S.C. 1101(a)(15)(S)) 

11 is amended—
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1 (1) in clause (i), by striking ‘‘or’’ at the end; 

2 (2) in clause (ii), by striking the comma at the 

3 end and inserting ‘‘; or’’; 

4 (3) by inserting after clause (ii) the following: 

5 ‘‘(iii) who the Secretary of Homeland Se6 curity, the Secretary of State, or the Attorney 

7 General determines—

8 ‘‘(I) is in possession of critical reliable 

9 information concerning a commercial alien 

10 smuggling organization or enterprise; 

11 ‘‘(II) is willing to supply or has sup12 plied such information to a Federal or 

13 State court; and 

14 ‘‘(III) whose presence in the United 

15 States the Secretary of Homeland Secu16 rity, the Secretary of State, or the Attor17 ney General determines is essential to the 

18 success of an authorized criminal investiga19 tion, the successful prosecution of an indi20 vidual involved in the commercial alien 

21 smuggling organization or enterprise, or 

22 the disruption of such organization or en23 terprise,’’; 

24 (4) by inserting ‘‘, or with respect to clause 

25 (iii), the Secretary of Homeland Security, the Sec-
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1 retary of State, or the Attorney General’’ after 

2 ‘‘jointly’’; and 

3 (5) by striking ‘‘(i) or (ii)’’ and inserting ‘‘(i), 

4 (ii), or (iii)’’. 

5 (b) ADMISSION OF NONIMMIGRANTS.—Section 

6 214(k) of the Immigration and Nationality Act (8 U.S.C. 

7 1184(k)) is amended—

8 (1) by adding at the end of paragraph (1) the 

9 following: 

10 ‘‘The number of aliens who may be provided a visa as non11 immigrants under section 101(a)(15)(S)(iii) in any fiscal 

12 year may not exceed 400.’’; and 

13 (2) by adding at the end the following: 

14 ‘‘(5) If the Secretary of Homeland Security, the Sec15 retary of State, or the Attorney General determines that 

16 the identity of a nonimmigrant described in clause (iii) of 

17 section 101(a)(15)(S), or that of any family member of 

18 such a nonimmigrant who is provided nonimmigrant sta19 tus pursuant to such section, must be protected, such offi20 cial may take such lawful action as the official considers 

21 necessary to effect such protection.’’. 
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1 SEC. 3. ADJUSTMENT OF STATUS OF NONIMMIGRANT TO 

2 THAT OF PERSON ADMITTED FOR PERMA3 NENT RESIDENCE. 

4 Section 245(j) of the Immigration and Nationality 

5 Act (8 U.S.C. 1255(j)) is amended—

6 (1) in paragraph (3), by striking ‘‘(1) or (2),’’ 

7 and inserting ‘‘(1), (2), (3), or (4),’’; 

8 (2) by redesignating paragraph (3) as para9 graph (5); 

10 (3) by inserting after paragraph (2) the fol11 lowing: 

12 ‘‘(3) If, in the opinion of the Secretary of Homeland 

13 Security, the Secretary of State, or the Attorney Gen14 eral—

15 ‘‘(A) a nonimmigrant admitted into the United 

16 States under section 101(a)(15)(S)(iii) has supplied 

17 information described in subclause (I) of such sec18 tion; and 

19 ‘‘(B) the provision of such information has sub20 stantially contributed to the success of a commercial 

21 alien smuggling investigation, the disruption of a 

22 commercial alien smuggling operation, or the pros23 ecution of an individual described in subclause (III) 

24 of that section, 

25 the Secretary of Homeland Security may adjust the status 

26 of the alien (and the spouse, married and unmarried sons 
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1 and daughters, and parents of the alien if admitted under 

2 that section) to that of an alien lawfully admitted for per3 manent residence if the alien is not described in section 

4 212(a)(3)(E). 

5 ‘‘(4) The Secretary of Homeland Security may adjust 

6 the status of a nonimmigrant admitted into the United 

7 States under section 101(a)(15)(S)(iii) (and the spouse, 

8 married and unmarried sons and daughters, and parents 

9 of the nonimmigrant if admitted under that section) to 

10 that of an alien lawfully admitted for permanent residence 

11 on the basis of a recommendation of the Secretary of State 

12 or the Attorney General.’’; and 

13 (4) by adding at the end the following: 

14 ‘‘(6) If the Secretary of Homeland Security, the Sec15 retary of State, or the Attorney General determines that 

16 the identity of a person whose status is adjusted under 

17 this subsection must be protected, such official may take 

18 such lawful action as the official considers necessary to 

19 effect such protection.’’. 

20 SEC. 4. BRINGING IN AND HARBORING CERTAIN ALIENS. 

21 (a) CRIMINAL PENALTIES.—Section 274(a) of the 

22 Immigration and Nationality Act (8 U.S.C. 1324(a)) is 

23 amended by adding at the end the following: 

24 ‘‘(4) In the case of a person who has brought aliens 

25 into the United States in violation of this subsection, the 
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1 sentence otherwise provided for may be increased by up 

2 to 10 years if—

3 ‘‘(A) the offense was part of an ongoing com4 mercial organization or enterprise; 

5 ‘‘(B) aliens were transported in groups of 10 or 

6 more; and 

7 ‘‘(C) aliens were transported in a manner that 

8 endangered their lives or the aliens presented a life9 threatening health risk to people in the United 

10 States.’’. 

11 (b) REWARDS PROGRAM.—Section 274 of the Immi12 gration and Nationality Act (8 U.S.C. 1324) is amended 

13 by adding at the end the following: 

14 ‘‘(e) REWARDS PROGRAM.—

15 ‘‘(1) IN GENERAL.—There is established in the 

16 Department of Homeland Security a program for 

17 the payment of rewards to carry out the purposes of 

18 this section. 

19 ‘‘(2) PURPOSE.—The rewards program shall be 

20 designed to assist in the elimination of commercial 

21 alien smuggling involving the transportation of 

22 aliens in groups of 10 or more—

23 ‘‘(A) in a manner that endangers their 

24 lives; or 
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1 ‘‘(B) who present a life-threatening health 

2 risk to people in the United States. 

3 ‘‘(3) ADMINISTRATION.—The rewards program 

4 shall be administered by the Secretary of Homeland 

5 Security, in consultation, as appropriate, with the 

6 Attorney General and the Secretary of State. 

7 ‘‘(4) REWARDS AUTHORIZED.—In the sole dis8 cretion of the Secretary of Homeland Security, such 

9 Secretary, in consultation, as appropriate, with the 

10 Attorney General and the Secretary of State, may 

11 pay a reward to any individual who furnishes infor12 mation or testimony leading to—

13 ‘‘(A) the arrest or conviction of any indi14 vidual conspiring or attempting to commit an 

15 act of commercial alien smuggling involving the 

16 transportation of aliens in groups of 10 or 

17 more—

18 ‘‘(i) in a manner that endangers their 

19 lives; or 

20 ‘‘(ii) who present a life-threatening 

21 health risk to people in the United States; 

22 ‘‘(B) the arrest or conviction of any indi23 vidual committing such an act; 
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1 ‘‘(C) the arrest or conviction of any indi2 vidual aiding or abetting the commission of 

3 such an act; 

4 ‘‘(D) the prevention, frustration, or favor5 able resolution of such an act, including the dis6 mantling of a commercial alien smuggling orga7 nization in whole or in significant part; or 

8 ‘‘(E) the identification or location of an in9 dividual who holds a key leadership position in 

10 a commercial alien smuggling operation involv11 ing the transportation of aliens in groups of 10 

12 or more—

13 ‘‘(i) in a manner that endangers their 

14 lives; or 

15 ‘‘(ii) who present a life-threatening 

16 health risk to people in the United States. 

17 ‘‘(5) AUTHORIZATION OF APPROPRIATIONS.—

18 There are authorized to be appropriated such sums 

19 as may be necessary to carry out this subsection. 

20 Amounts appropriated under this paragraph shall 

21 remain available until expended. 

22 ‘‘(6) INELIGIBILITY.—An officer or employee of 

23 any Federal, State, local, or foreign government 

24 who, while in performance of his or her official du25 ties, furnishes information described in paragraph 
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1 (4) shall not be eligible for a reward under this sub2 section for such furnishing. 

3 ‘‘(7) PROTECTION MEASURES.—If the Secretary 

4 of Homeland Security, the Secretary of State, or the 

5 Attorney General determines that the identity of an 

6 individual who furnishes information or testimony 

7 described in paragraph (4), or the identity of any 

8 spouse, parent, son, or daughter of such an indi9 vidual, must be protected, such official may take 

10 such lawful action as the official considers necessary 

11 to effect such protection. 

12 ‘‘(8) LIMITATIONS AND CERTIFICATION.—

13 ‘‘(A) MAXIMUM AMOUNT.—No reward 

14 under this subsection may exceed $100,000, ex15 cept as personally authorized by the Secretary 

16 of Homeland Security if such Secretary deter17 mines, in consultation, as appropriate, with the 

18 Attorney General and the Secretary of State, 

19 that the offer or payment of an award of a larg20 er amount is necessary to combat a commercial 

21 alien smuggling operation involving the trans22 portation of aliens in groups of 10 or more—

23 ‘‘(i) in a manner that endangers their 

24 lives; or 
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1 ‘‘(ii) who present a life-threatening 

2 health risk to people in the United States. 

3 ‘‘(B) APPROVAL.—Any reward under this 

4 subsection exceeding $50,000 shall be person5 ally approved by the Secretary of Homeland Se6 curity. 

7 ‘‘(C) CERTIFICATION FOR PAYMENT.—Any 

8 reward granted under this subsection shall be 

9 certified for payment by the Secretary of Home10 land Security.’’. 

11 (c) OUTREACH PROGRAM.—Section 274 of the Immi12 gration and Nationality Act (8 U.S.C. 1324), as amended 

13 by subsection (b), is further amended by adding at the 

14 end the following: 

15 ‘‘(f) OUTREACH PROGRAM.—The Secretary of Home16 land Security, in consultation, as appropriate, with the At17 torney General and the Secretary of State, shall develop 

18 and implement an outreach program to educate the public 

19 in the United States and abroad about—

20 ‘‘(1) the penalties for bringing in and harboring 

21 aliens in violation of this section; and 

22 ‘‘(2) the financial rewards and other incentives 

23 available for assisting in the investigation, disrup-
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1 tion, or prosecution of a commercial smuggling oper2 ation.’’.

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