II 

113TH CONGRESS 

2D SESSION S. 2561 

To prevent organized human smuggling, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

JUNE 26, 2014 

Mr. MCCAIN (for himself and Mr. FLAKE) introduced the following bill; which 

was read twice and referred to the Committee on the Judiciary 

A BILL 

To prevent organized human 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 the ‘‘Human Smuggling 

5 Prevention Act of 2014’’. 

6 SEC. 2. ORGANIZED HUMAN SMUGGLING. 

7 (a) DEFINITIONS.—In this section: 

8 (1) EFFORT OR SCHEME.—The term ‘‘effort or 

9 scheme to assist or cause 5 or more persons’’ does 

10 not require that the 5 or more persons enter, at11 tempt to enter, prepare to enter, or travel at the 


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1 same time if such acts are completed during a 1- 

2 year period. 

3 (2) LAWFUL AUTHORITY.—The term ‘‘lawful 

4 authority’’— 

5 (A) means permission, authorization, or li6 cense that is expressly provided for under the 

7 immigration laws of the United States; and 

8 (B) does not include— 

9 (i) any authority described in sub10 paragraph (A) that was secured by fraud 

11 or otherwise unlawfully obtained; or 

12 (ii) any authority that was sought, 

13 but not approved. 

14 (b) PROHIBITED ACTIVITIES.—It shall be unlawful 

15 for any person, while acting for profit or other financial 

16 gain, to knowingly direct or participate in an effort or 

17 scheme to assist or cause 5 or more persons (other than 

18 a parent, spouse, or child of the offender)— 

19 (1) to enter, attempt to enter, or prepare to 

20 enter the United States— 

21 (A) by fraud, falsehood, or other corrupt 

22 means; 

23 (B) at any place other than a port or place 

24 of entry designated by the Secretary of Home25 land Security; or 


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1 (C) in a manner not prescribed by the im2 migration laws and regulations of the United 

3 States; 

4 (2) to travel by air, land, or sea toward the 

5 United States (whether directly or indirectly)— 

6 (A) knowing that the persons seek to enter 

7 or attempt to enter the United States without 

8 lawful authority; and 

9 (B) with the intent to aid or further such 

10 entry or attempted entry; or 

11 (3) to be transported or moved outside of the 

12 United States— 

13 (A) knowing that such persons are aliens 

14 in unlawful transit from 1 country to another 

15 or on the high seas; and 

16 (B) under circumstances in which the per17 sons are seeking to enter the United States 

18 without official permission or legal authority. 

19 (c) CONSPIRACY AND ATTEMPT.—Any person who at20 tempts or conspires to violate subsection (b) shall be pun21 ished in the same manner as a person who completes a 

22 violation of such subsection. 

23 (d) BASE PENALTY.—Except as provided in sub24 section (e), any person who violates subsection (b) or (c) 


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1 shall be fined under title 18, United States Code, impris2 oned for not more than 20 years, or both. 

3 (e) ENHANCED PENALTIES.—Any person who vio4 lates subsection (b) or (c)— 

5 (1) in the case of a violation during and in rela6 tion to which a serious bodily injury (as defined in 

7 section 1365 of title 18, United States Code) occurs 

8 to any person, shall be fined under title 18, United 

9 States Code, imprisoned for not more than 30 years, 

10 or both; 

11 (2) in the case of a violation during and in rela12 tion to which the life of any person is placed in jeop13 ardy, shall be fined under title 18, United States 

14 Code, imprisoned for not more than 30 years, or 

15 both; 

16 (3) in the case of a violation involving 10 or 

17 more persons, shall be fined under title 18, United 

18 States Code, imprisoned for not more than 30 years, 

19 or both; 

20 (4) in the case of a violation involving the brib21 ery or corruption of a United States or foreign gov22 ernment official, shall be fined under title 18, 

23 United States Code, imprisoned for not more than 

24 30 years, or both; 


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1 (5) in the case of a violation involving robbery 

2 or extortion (as such terms are defined in paragraph 

3 (1) or (2), respectively, of section 1951(b) of title 

4 18, United States Code), shall be fined under title 

5 18, United States Code, imprisoned for not more 

6 than 30 years, or both; 

7 (6) in the case of a violation during and in rela8 tion to which any person is subjected to an involun9 tary sexual act (as defined in section 2246(2) of title 

10 18, United States Code), shall be fined under title 

11 18, United States Code, imprisoned for not more 

12 than 30 years, or both; 

13 (7) in the case of a violation resulting in the 

14 death of any person, shall be fined under title 18, 

15 United States Code, imprisoned for any term of 

16 years or for life, or both; 

17 (8) in the case of a violation in which any alien 

18 is confined or restrained, including by the taking of 

19 clothing, goods, or personal identification documents, 

20 shall be fined under title 18, United States Code, 

21 imprisoned not fewer than 5 years and not more 

22 than 10 years, or both; 

23 (9) in the case of smuggling an unaccompanied 

24 alien child (as defined in section 462(g)(2) of the 

25 Homeland Security Act of 2002 (6 U.S.C. 


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1 279(g)(2)), shall be fined under title 18, United 

2 States Code, or imprisoned not more than 20 years. 

3 SEC. 3. STRATEGY TO COMBAT HUMAN SMUGGLING. 

4 (a) DEFINED TERM.—In this section, the term ‘‘high 

5 traffic areas of human smuggling’’ means the United 

6 States ports of entry and areas between such ports that 

7 have the most human smuggling activity, as measured by 

8 U.S. Customs and Border Protection. 

9 (b) IMPLEMENTATION.—Not later than 1 year after 

10 the date of the enactment of this Act, the Secretary of 

11 Homeland Security shall implement a strategy to deter, 

12 detect, and interdict human smuggling across the inter13 national land and maritime borders of the United States. 

14 (c) COMPONENTS.—The strategy referred to in sub15 section (b) shall include, at a minimum— 

16 (1) efforts to increase coordination between the 

17 border and maritime security components of the De18 partment of Homeland Security; 

19 (2) an identification of intelligence gaps imped20 ing the ability to deter, detect, and interdict human 

21 smuggling across the international land and mari22 time borders of the United States; 

23 (3) efforts to increase information sharing with 

24 State and local governments and other Federal 

25 agencies; 


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1 (4) efforts to provide, in coordination with the 

2 Federal Law Enforcement Training Center, training 

3 for the border and maritime security components of 

4 the Department of Homeland Security to deter, de5 tect, and interdict human smuggling across the 

6 international land and maritime borders of the 

7 United States; and 

8 (5) the identification of the high traffic areas of 

9 human smuggling along the international land and 

10 maritime borders of the United States. 

11 (d) REPORT.—Not later than 30 days after the im12 plementation of the strategy under subsection (b), the Sec13 retary of Homeland Security shall submit a report to the 

14 Committee on Homeland Security and Governmental Af15 fairs of the Senate and the Committee on Homeland Secu16 rity of the House of Representatives that describes such 

17 strategy, including the components described in subsection 

18 (c). The Secretary may submit the report required under 

19 this subsection in classified form if the Secretary deter20 mines such form is appropriate. 

21 (e) ANNUAL LIST OF HIGH TRAFFIC AREAS.—Not 

22 later than February 1st of the first year beginning after 

23 the date of the enactment of this Act and annually there24 after, the Secretary of Homeland Security shall submit a 


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1 list of the high traffic areas of human smuggling referred 

2 to in subsection (c)(5) to— 

3 (1) the Committee on Homeland Security and 

4 Governmental Affairs of the Senate; and 

5 (2) the Committee on Homeland Security of the 

6 House of Representatives. 

7 SEC. 4. UNLAWFULLY HINDERING IMMIGRATION, BORDER, 

8 AND CUSTOMS CONTROLS. 

9 (a) ILLICIT SPOTTING.—Any person who knowingly 

10 transmits to another person the location, movement, or ac11 tivities of any Federal, State, or tribal law enforcement 

12 agency with the intent to further a Federal crime relating 

13 to United States immigration, customs, controlled sub14 stances, agriculture, monetary instruments, or other bor15 der controls shall be fined under title 18, United States 

16 Code, imprisoned not more than 10 years, or both. 

17 (b) DESTRUCTION OF UNITED STATES BORDER

18 CONTROLS.—Any person who knowingly and without law19 ful authorization destroys, alters, or damages any fence, 

20 barrier, sensor, camera, or other physical or electronic de21 vice deployed by the Federal Government to control the 

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

23 excavate, or make any structure intended to defeat, cir24 cumvent or evade any such fence, barrier, sensor camera, 


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1 or other physical or electronic device deployed by the Fed2 eral Government to control the border or a port of entry— 

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

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

5 and 

6 (2) if, at the time of the offense, the person 

7 uses or carries a firearm or, in furtherance of any 

8 such crime, possesses a firearm, shall be fined under 

9 title 18, United States Code, imprisoned not more 

10 than 20 years, or both. 

11 (c) CONSPIRACY AND ATTEMPT.—Any person who at12 tempts or conspires to violate subsection (a) or (b) shall 

13 be punished in the same manner as a person who com14 pletes a violation of such subsection. 

15 (d) PROHIBITING CARRYING OR USE OF A FIREARM

16 DURING AND IN RELATION TO AN ALIEN SMUGGLING

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

18 is amended— 

19 (1) in paragraph (1)— 

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

21 alien smuggling crime,’’ after ‘‘crime of vio22 lence’’ each place such term appears; and 

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

24 ‘‘, alien smuggling crime,’’ after ‘‘crime of vio25 lence’’; and 


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

2 ‘‘(6) For purposes of this subsection, the term 

3 ‘alien smuggling crime’ means any felony punishable 

4 under section 274(a), 277, or 278 of the Immigra5 tion and Nationality Act (8 U.S.C. 1324(a), 1327, 

6 and 1328).’’. 

7 (e) STATUTE OF LIMITATIONS.—Section 3298 of title 

8 18, United States Code, is amended by striking ‘‘or 

9 under’’ and inserting ‘‘, under section 2 or subsection (a), 

10 (b), or (c) of section 4 of the Human Smuggling Preven11 tion Act of 2014, or under’’. 

Æ 


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