Transnational Criminal Organization Illicit Spotter Prevention and Elimination Act

To prohibit the intentional hindering of immigration, border, and customs controls, and for other purposes. 1. Short title This Act may be cited as the Transnational Criminal Organization Illicit Spotter Prevention and Elimination Act 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. 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. 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), by inserting , alien smuggling crime, crime of violence (B) in subparagraph (D)(ii), by inserting , alien smuggling crime, 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 8 U.S.C. 1324(a) (B) the term brandish (C) the term crime of violence (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 21 U.S.C. 801 et seq. 21 U.S.C. 951 et seq. chapter 705 . (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) 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) section 924(c)(3)(C) (ii) by striking section 924(c)(2) section 924(c)(3)(D) (B) in section 1028(b)(3)(B), by striking section 924(c)(3) section 924(c)(3)(C) (C) in section 4042(b)(3)— (i) in subparagraph (A), by striking section 924(c)(2) section 924(c)(3)(D) (ii) in subparagraph (B), by striking section 924(c)(3) 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) section 924(c)(3) section 924(c)(3)(C) (d) Statute of limitations Section 3298 of title 18, United States Code, is amended— (1) by inserting or 295 274(a) (2) by inserting ( 8 U.S.C. 1324(a) Immigration and Nationality Act

Summary: Transnational Criminal Organization Illicit Spotter Prevention and Elimination Act This bill provides for criminal penalties for certain conduct that interferes with U.S. border control measures. Specifically, a person who knowingly transmits the location or activities of law enforcement with the intent to further a crime related to immigration, customs, or controlled substances may be imprisoned for a maximum of 10 years. A person who knowingly damages or destroys a device deployed to control the border or port of entry may be imprisoned for a maximum of 10 years. Additionally, the bill provides for enhanced punishment for carrying or using a firearm in connection with certain criminal immigration violations such as assisting a non-U.S. national (alien under federal law) who is inadmissible due to a felony conviction.