I 

108TH CONGRESS 

1ST SESSION H. R. 2630

To prevent commercial alien smuggling, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JUNE 26, 2003

Ms. JACKSON-LEE of Texas (for herself, Mr. CONYERS, Mr. GUTIERREZ, Mr. 

REYES, Mr. RODRIGUEZ, Mr. GREEN of Texas, Mr. GONZALEZ, Mr. 

LAMPSON, Mr. FROST, Mr. GRIJALVA, Ms. SOLIS, Mr. SANDLIN, Mr. 

BECERRA, Ms. WATSON, Mr. MEEK of Florida, Ms. EDDIE BERNICE

JOHNSON of Texas, Ms. LEE, Mr. HINCHEY, Mr. MEEKS of New York, 

Mr. MENENDEZ, Mr. BACA, Mr. ORTIZ, Ms. VELA ́ZQUEZ, Mrs. 

NAPOLITANO, Mr. HONDA, Mr. SERRANO, Mr. HINOJOSA, Mr. FARR, Mr. 

BERMAN, Ms. LORETTA SANCHEZ of California, Ms. LINDA T. SA ́NCHEZ

of California, Mr. LEWIS of Georgia, Ms. MILLENDER-MCDONALD, Mr. 

MEEHAN, and Ms. LOFGREN) 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 2003’’; or 
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1 (2) the ‘‘CASE Act of 2003’’. 

2 SEC. 2. NEW CLASS OF NONIMMIGRANT ALIENS. 

3 (a) IN GENERAL.—Section 101(a)(15)(S) of the Im4 migration and Nationality Act (8 U.S.C. 1101(a)(15)(S)) 

5 is amended—

6 (1) in clause (i), by striking ‘‘or’’ at the end; 

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

8 end and inserting ‘‘; or’’; 

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

10 ‘‘(iii) who the Secretary of Homeland Se11 curity, the Secretary of State, or the Attorney 

12 General determines—

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

14 information concerning a commercial alien 

15 smuggling organization or enterprise; 

16 ‘‘(II) is willing to supply or has sup17 plied such information to a Federal or 

18 State court; and 

19 ‘‘(III) whose presence in the United 

20 States the Secretary of Homeland Secu21 rity, the Secretary of State, or the Attor22 ney General determines is essential to the 

23 success of an authorized criminal investiga24 tion, the successful prosecution of an indi25 vidual involved in the commercial alien 
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1 smuggling organization or enterprise, or 

2 the disruption of such organization or en3 terprise,’’; 

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

5 (iii), the Secretary of Homeland Security, the Sec6 retary of State, or the Attorney General’’ after 

7 ‘‘jointly’’; and 

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

9 (ii), or (iii)’’. 

10 (b) ADMISSION OF NONIMMIGRANTS.—Section 

11 214(k) of the Immigration and Nationality Act (8 U.S.C. 

12 1184(k)) is amended—

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

14 following: 

15 ‘‘The number of aliens who may be provided a visa as non16 immigrants under section 101(a)(15)(S)(iii) in any fiscal 

17 year may not exceed 400.’’; and 

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

19 ‘‘(5) If the Secretary of Homeland Security, the Sec20 retary of State, or the Attorney General determines that 

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

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

23 such a nonimmigrant who is provided nonimmigrant sta24 tus pursuant to such section, must be protected, such offi-
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1 cial may take such lawful action as the official considers 

2 necessary to effect such protection.’’. 

3 SEC. 3. ADJUSTMENT OF STATUS OF NONIMMIGRANT TO 

4 THAT OF PERSON ADMITTED FOR PERMA5 NENT RESIDENCE. 

6 Section 245(j) of the Immigration and Nationality 

7 Act (8 U.S.C. 1255(j)) is amended—

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

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

10 (2) by redesignating paragraph (3) as para11 graph (5); 

12 (3) by inserting after paragraph (2) the fol13 lowing: 

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

15 Security, the Secretary of State, or the Attorney Gen16 eral—

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

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

19 information described in subclause (I) of such sec20 tion; and 

21 ‘‘(B) the provision of such information has sub22 stantially contributed to the success of a commercial 

23 alien smuggling investigation, the disruption of a 

24 commercial alien smuggling operation, or the pros-
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1 ecution of an individual described in subclause (III) 

2 of that section, 

3 the Secretary of Homeland Security may adjust the status 

4 of the alien (and the spouse, married and unmarried sons 

5 and daughters, and parents of the alien if admitted under 

6 that section) to that of an alien lawfully admitted for per7 manent residence if the alien is not described in section 

8 212(a)(3)(E). 

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

10 the status of a nonimmigrant admitted into the United 

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

12 married and unmarried sons and daughters, and parents 

13 of the nonimmigrant if admitted under that section) to 

14 that of an alien lawfully admitted for permanent residence 

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

16 or the Attorney General.’’; and 

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

18 ‘‘(6) If the Secretary of Homeland Security, the Sec19 retary of State, or the Attorney General determines that 

20 the identity of a person whose status is adjusted under 

21 this subsection must be protected, such official may take 

22 such lawful action as the official considers necessary to 

23 effect such protection.’’. 
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1 SEC. 4. BRINGING IN AND HARBORING CERTAIN ALIENS. 

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

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

4 amended by adding at the end the following: 

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

6 into the United States in violation of this subsection, the

7 sentence otherwise provided for may be increased by up 

8 to 10 years if—

9 ‘‘(A) the offense was part of an ongoing com10 mercial organization or enterprise; 

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

12 more; and 

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

14 endangered their lives or the aliens presented a life15 threatening health risk to people in the United 

16 States.’’. 

17 (b) REWARDS PROGRAM.—Section 274 of the Immi18 gration and Nationality Act (8 U.S.C. 1324) is amended 

19 by adding at the end the following: 

20 ‘‘(e) REWARDS PROGRAM.—

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

22 Department of Homeland Security a program for 

23 the payment of rewards to carry out the purposes of 

24 this section. 

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

26 designed to assist in the elimination of commercial 
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1 alien smuggling involving the transportation of 

2 aliens in groups of 10 or more—

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

4 lives; or 

5 ‘‘(B) who present a life-threatening health 

6 risk to people in the United States. 

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

8 shall be administered by the Secretary of Homeland 

9 Security, in consultation, as appropriate, with the 

10 Attorney General and the Secretary of State. 

11 ‘‘(4) REWARDS AUTHORIZED.—In the sole dis12 cretion of the Secretary of Homeland Security, such 

13 Secretary, in consultation, as appropriate, with the 

14 Attorney General and the Secretary of State, may 

15 pay a reward to any individual who furnishes infor16 mation or testimony leading to—

17 ‘‘(A) the arrest or conviction of any indi18 vidual conspiring or attempting to commit an 

19 act of commercial alien smuggling involving the 

20 transportation of aliens in groups of 10 or 

21 more—

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

23 lives; or 

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

25 health risk to people in the United States; 
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1 ‘‘(B) the arrest or conviction of any indi2 vidual committing such an act; 

3 ‘‘(C) the arrest or conviction of any indi4 vidual aiding or abetting the commission of 

5 such an act; 

6 ‘‘(D) the prevention, frustration, or favor7 able resolution of such an act, including the dis8 mantling of a commercial alien smuggling orga9 nization in whole or in significant part; or 

10 ‘‘(E) the identification or location of an in11 dividual who holds a key leadership position in 

12 a commercial alien smuggling operation involv13 ing the transportation of aliens in groups of 10 

14 or more—

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

16 lives; or 

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

18 health risk to people in the United States. 

19 ‘‘(5) AUTHORIZATION OF APPROPRIATIONS.—

20 There are authorized to be appropriated such sums 

21 as may be necessary to carry out this subsection. 

22 Amounts appropriated under this paragraph shall 

23 remain available until expended. 

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

25 any Federal, State, local, or foreign government 
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1 who, while in performance of his or her official du2 ties, furnishes information described in paragraph 

3 (4) shall not be eligible for a reward under this sub4 section for such furnishing. 

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

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

7 Attorney General determines that the identity of an 

8 individual who furnishes information or testimony 

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

10 spouse, parent, son, or daughter of such an indi11 vidual, must be protected, such official may take 

12 such lawful action as the official considers necessary 

13 to effect such protection. 

14 ‘‘(8) LIMITATIONS AND CERTIFICATION.—

15 ‘‘(A) MAXIMUM AMOUNT.—No reward 

16 under this subsection may exceed $100,000, ex17 cept as personally authorized by the Secretary 

18 of Homeland Security if such Secretary deter19 mines, in consultation, as appropriate, with the 

20 Attorney General and the Secretary of State, 

21 that the offer or payment of an award of a larg22 er amount is necessary to combat a commercial 

23 alien smuggling operation involving the trans24 portation of aliens in groups of 10 or more—
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1 ‘‘(i) in a manner that endangers their 

2 lives; or 

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

4 health risk to people in the United States. 

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

6 subsection exceeding $50,000 shall be person7 ally approved by the Secretary of Homeland Se8 curity. 

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

10 reward granted under this subsection shall be 

11 certified for payment by the Secretary of Home12 land Security.’’. 

13 (c) OUTREACH PROGRAM.—Section 274 of the Immi14 gration and Nationality Act (8 U.S.C. 1324), as amended 

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

16 end the following: 

17 ‘‘(f) OUTREACH PROGRAM.—The Secretary of Home18 land Security, in consultation, as appropriate, with the At19 torney General and the Secretary of State, shall develop 

20 and implement an outreach program to educate the public 

21 in the United States and abroad about—

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

23 aliens in violation of this section; and 

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

25 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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