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.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as—
(1) the ‘‘Commercial Alien Smuggling Elimi-
nation Act of 2005’’; or 
(2) the ‘‘CASE Act of 2005’’. 
SEC. 2. NEW CLASS OF NONIMMIGRANT ALIENS. 
(a) IN GENERAL.—Section 101(a)(15)(S) of the Im-
migration and Nationality Act (8 U.S.C. 1101(a)(15)(S)) 
is amended—
(1) in clause (i), by striking ‘‘or’’ at the end; 
(2) in clause (ii), by striking the comma at the 
end and inserting ‘‘; or’’; 
(3) by inserting after clause (ii) the following: 
‘‘(iii) who the Secretary of Homeland Se-
curity, the Secretary of State, or the Attorney 
General determines—
‘‘(I) is in possession of critical reliable 
information concerning a commercial alien 
smuggling organization or enterprise; 
‘‘(II) is willing to supply or has sup-
plied such information to a Federal or 
State court; and 
‘‘(III) whose presence in the United 
States the Secretary of Homeland Secu-
rity, the Secretary of State, or the Attor-
ney General determines is essential to the 
success of an authorized criminal investiga-
tion, the successful prosecution of an indi-
vidual involved in the commercial alien 
smuggling organization or enterprise, or 
the disruption of such organization or en-
terprise,’’; 
(4) by inserting ‘‘, or with respect to clause 
(iii), the Secretary of Homeland Security, the Sec-
retary of State, or the Attorney General’’ after 
‘‘jointly’’; and 
(5) by striking ‘‘(i) or (ii)’’ and inserting ‘‘(i), 
(ii), or (iii)’’. 
(b) 
ADMISSION
OF
NONIMMIGRANTS.—Section 
214(k) of the Immigration and Nationality Act (8 U.S.C. 
1184(k)) is amended—
(1) by adding at the end of paragraph (1) the 
following: 
‘‘The number of aliens who may be provided a visa as non-
immigrants under section 101(a)(15)(S)(iii) in any fiscal 
year may not exceed 400.’’; and 
(2) by adding at the end the following: 
‘‘(5) If the Secretary of Homeland Security, the Sec-
retary of State, or the Attorney General determines that 
the identity of a nonimmigrant described in clause (iii) of 
section 101(a)(15)(S), or that of any family member of 
such a nonimmigrant who is provided nonimmigrant sta-
tus pursuant to such section, must be protected, such offi-
cial may take such lawful action as the official considers 
necessary to effect such protection.’’.
SEC. 3. ADJUSTMENT OF STATUS OF NONIMMIGRANT TO 
THAT OF PERSON ADMITTED FOR PERMA-
NENT RESIDENCE. 
Section 245(j) of the Immigration and Nationality 
Act (8 U.S.C. 1255(j)) is amended—
(1) in paragraph (3), by striking ‘‘(1) or (2),’’ 
and inserting ‘‘(1), (2), (3), or (4),’’; 
(2) by redesignating paragraph (3) as para-
graph (5); 
(3) by inserting after paragraph (2) the fol-
lowing: 
‘‘(3) If, in the opinion of the Secretary of Homeland 
Security, the Secretary of State, or the Attorney Gen-
eral—
‘‘(A) a nonimmigrant admitted into the United 
States under section 101(a)(15)(S)(iii) has supplied 
information described in subclause (I) of such sec-
tion; and 
‘‘(B) the provision of such information has sub-
stantially contributed to the success of a commercial 
alien smuggling investigation, the disruption of a 
commercial alien smuggling operation, or the pros-
ecution of an individual described in subclause (III) 
of that section, 
the Secretary of Homeland Security may adjust the status 
of the alien (and the spouse, married and unmarried sons
and daughters, and parents of the alien if admitted under 
that section) to that of an alien lawfully admitted for per-
manent residence if the alien is not described in section 
212(a)(3)(E). 
‘‘(4) The Secretary of Homeland Security may adjust 
the status of a nonimmigrant admitted into the United 
States under section 101(a)(15)(S)(iii) (and the spouse, 
married and unmarried sons and daughters, and parents 
of the nonimmigrant if admitted under that section) to 
that of an alien lawfully admitted for permanent residence 
on the basis of a recommendation of the Secretary of State 
or the Attorney General.’’; and 
(4) by adding at the end the following: 
‘‘(6) If the Secretary of Homeland Security, the Sec-
retary of State, or the Attorney General determines that 
the identity of a person whose status is adjusted under 
this subsection must be protected, such official may take 
such lawful action as the official considers necessary to 
effect such protection.’’. 
SEC. 4. BRINGING IN AND HARBORING CERTAIN ALIENS. 
(a) CRIMINAL PENALTIES.—Section 274(a) of the 
Immigration and Nationality Act (8 U.S.C. 1324(a)) is 
amended by adding at the end the following: 
‘‘(4) In the case of a person who has brought aliens 
into the United States in violation of this subsection, the