II 

115TH CONGRESS 

1ST SESSION S. 725 

To prohibit the intentional hindering of immigration, border, and customs 

controls, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

MARCH 27, 2017 

Mr. MCCAIN 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. 

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 the ‘‘Transnational Crimi5 nal Organization Illicit Spotter Prevention and Elimi6 nation Act’’. 

7 SEC. 2. UNLAWFULLY HINDERING IMMIGRATION, BORDER, 

8 AND CUSTOMS CONTROLS. 

9 (a) ENHANCED PENALTIES.— 


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1 (1) IN GENERAL.—Chapter 9 of title II of the 

2 Immigration and Nationality Act (8 U.S.C. 1351 et 

3 seq.) is amended by adding at the end the following: 

4 ‘‘SEC. 295. UNLAWFULLY HINDERING IMMIGRATION, BOR5 DER, AND CUSTOMS CONTROLS. 

6 ‘‘(a) ILLICIT SPOTTING.—Any person who knowingly 

7 transmits, by any means, to another person the location, 

8 movement, or activities of any Federal, State, local, or 

9 tribal law enforcement agency with the intent to further 

10 a Federal crime relating to United States immigration, 

11 customs, controlled substances, agriculture, monetary in12 struments, or other border controls shall be fined under 

13 title 18, United States Code, imprisoned not more than 

14 10 years, or both. 

15 ‘‘(b) DESTRUCTION OF UNITED STATES BORDER

16 CONTROLS.—Any person who knowingly and without law17 ful authorization destroys, alters, or damages any fence, 

18 barrier, sensor, camera, or other physical or electronic de19 vice deployed by the Federal Government to control the 

20 border or a port of entry or otherwise seeks to construct, 

21 excavate, or make any structure intended to defeat, cir22 cumvent, or evade any such fence, barrier, sensor camera, 

23 or other physical or electronic device deployed by the Fed24 eral Government to control the border or a port of entry— 


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1 ‘‘(1) shall be fined under title 18, United States 

2 Code, imprisoned not more than 10 years, or both; 

3 and 

4 ‘‘(2) if, at the time of the offense, the person 

5 uses or carries a firearm or who, in furtherance of 

6 any such crime, possesses a firearm, that person 

7 shall be fined under such title 18, imprisoned not 

8 more than 20 years, or both. 

9 ‘‘(c) CONSPIRACY AND ATTEMPT.—Any person who 

10 attempts or conspires to violate subsection (a) or (b) shall 

11 be punished in the same manner as a person who com12 pletes a violation of such subsection.’’. 

13 (2) CLERICAL AMENDMENT.—The table of con14 tents in the first section of the Immigration and Na15 tionality Act is amended by inserting after the item 

16 relating to section 294 the following: 

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

17 (b) PROHIBITING CARRYING OR USE OF A FIREARM

18 DURING AND IN RELATION TO AN ALIEN SMUGGLING

19 CRIME.—Section 924(c) of title 18, United States Code, 

20 is amended— 

21 (1) by striking ‘‘For purposes of this sub22 section,’’ each place such phrase appears; 

23 (2) in paragraph (1)— 


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1 (A) in subparagraph (A), by inserting ‘‘, 

2 alien smuggling crime,’’ after ‘‘crime of vio3 lence’’ each place that term appears; and 

4 (B) in subparagraph (D)(ii), by inserting 

5 ‘‘, alien smuggling crime,’’ after ‘‘crime of vio6 lence’’; 

7 (3) in paragraph (3), by redesignating subpara8 graphs (A) and (B) as clauses (i) and (ii), respec9 tively, and adjusting the margin accordingly; 

10 (4) by redesignating paragraphs (2), (3), and 

11 (4) as subparagraphs (D), (C), and (B), respectively, 

12 and adjusting the margin accordingly; 

13 (5) by transferring subparagraph (B), as redes14 ignated, to appear before subparagraph (C), as re15 designated; 

16 (6) by transferring subparagraph (D), as redes17 ignated, to appear after subparagraph (C), as redes18 ignated; 

19 (7) by redesignating paragraph (5) as para20 graph (2) and transferring the redesignated para21 graph to appear after paragraph (1); 

22 (8) by inserting after paragraph (2), as redesig23 nated and transferred, the following: 

24 ‘‘(3) As used in this subsection— 


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1 ‘‘(A) the term ‘alien smuggling crime’ means 

2 any felony punishable under section 274(a), 277, or 

3 278 of the Immigration and Nationality Act (8 

4 U.S.C. 1324(a), 1327, and 1328);’’; and 

5 (9) in paragraph (3), as redesignated— 

6 (A) in subparagraph (B), as redesignated, 

7 by striking the period at the end and inserting 

8 a semicolon; and 

9 (B) in subparagraph (C)(ii), as redesig10 nated, by striking the period at the end and in11 serting ‘‘; and’’. 

12 (c) CONFORMING AMENDMENTS.— 

13 (1) BANKRUPTCY CODE.—Section 707(c)(1)(B) 

14 of title 11, United States Code, is amended by strik15 ing ‘‘section 924(c)(2)’’ and inserting ‘‘section 

16 924(c)(3)(D)’’; 

17 (2) CRIMINAL CODE.—Title 18, United States 

18 Code, is amended— 

19 (A) in section 844(o)— 

20 (i) by striking ‘‘section 924(c)(3)’’ 

21 and inserting ‘‘section 924(c)(3)(C)’’; and 

22 (ii) by striking ‘‘section 924(c)(2)’’ 

23 and inserting ‘‘section 924(c)(3)(D)’’; 


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1 (B) in section 1028(b)(3)(B), by striking 

2 ‘‘section 924(c)(3)’’ and inserting ‘‘section 

3 924(c)(3)(C)’’; and 

4 (C) in section 4042(b)(3)— 

5 (i) in subparagraph (A), by striking 

6 ‘‘section 924(c)(2)’’ and inserting ‘‘section 

7 924(c)(3)(D)’’; and 

8 (ii) in subparagraph (B), by striking 

9 ‘‘section 924(c)(3)’’ and inserting ‘‘section 

10 924(c)(3)(C)’’. 

11 (3) PRISONS.—Section 3(1) of the Interstate 

12 Transportation of Dangerous Criminals Act of 2000 

13 (42 U.S.C. 13726a(1)) is amended by striking ‘‘sec14 tion 924(c)(3)’’ and inserting ‘‘section 

15 924(c)(3)(C)’’. 

16 (d) STATUTE OF LIMITATIONS.—Section 3298 of title 

17 18, United States Code, is amended— 

18 (1) by inserting ‘‘or 295’’ after ‘‘274(a)’’; and 

19 (2) by inserting ‘‘(8 U.S.C. 1324(a) and 

20 1363b)’’ after ‘‘Immigration and Nationality Act’’. 

Æ 


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