Transnational Criminal Organization Illicit Spotter Prevention and Elimination Act
Bill: S.4570 | Sponsor: Sen. Ernst, Joni (R-IA)
Policy area: Immigration

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.

To prohibit the intentional hindering of immigration, border, and 
               customs controls, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Transnational Criminal Organization 
Illicit Spotter Prevention and Elimination Act''.

SEC. 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.) is amended by 
        adding at the end the following:

``SEC. 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; and
            ``(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, that person 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.) is amended by inserting after the item relating to 
        section 294 the following:

``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) by striking ``For purposes of this subsection,'' each 
        place such phrase appears;
            (2) in paragraph (1)--
                    (A) in subparagraph (A), by inserting ``, alien 
                smuggling crime,'' after ``crime of violence'' each 
                place that term appears; and
                    (B) in subparagraph (D)(ii), by inserting ``, alien 
                smuggling crime,'' after ``crime of violence'';
            (3) in paragraph (3), by redesignating subparagraphs (A) 
        and (B) as clauses (i) and (ii), respectively, and adjusting 
        the margins accordingly;
            (4) by redesignating paragraphs (2), (3), and (4) as 
        subparagraphs (D), (C), and (B), respectively, and adjusting 
        the margins accordingly;
            (5) by moving subparagraph (B), as redesignated, so as to 
        appear before subparagraph (C), as redesignated;
            (6) by moving subparagraph (D), as redesignated, so as to 
        appear after subparagraph (C), as redesignated;
            (7) by redesignating paragraph (5) as paragraph (2) and 
        moving the redesignated paragraph so as to appear after 
        paragraph (1);
            (8) by inserting after paragraph (2), as redesignated and 
        moved, the following:
    ``(3) As used in this subsection--
            ``(A) the term `alien smuggling crime' means any felony 
        punishable under section 274(a), 277, or 278 of the Immigration 
        and Nationality Act (8 U.S.C. 1324(a), 1327, and 1328);''; and
            (9) in paragraph (3), as redesignated--
                    (A) in subparagraph (B), as redesignated, by 
                striking the period at the end and inserting a 
                semicolon; and
                    (B) in subparagraph (C)(ii), as redesignated, by 
                striking the period at the end and inserting ``; and''.
    (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)'' and inserting ``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)'' and 
                        inserting ``section 924(c)(3)(C)''; and
                            (ii) by striking ``section 924(c)(2)'' and 
                        inserting ``section 924(c)(3)(D)'';
                    (B) in section 1028(b)(3)(B), by striking ``section 
                924(c)(3)'' and inserting ``section 924(c)(3)(C)''; and
                    (C) in section 4042(b)(3)--
                            (i) in subparagraph (A), by striking 
                        ``section 924(c)(2)'' and inserting ``section 
                        924(c)(3)(D)''; and
                            (ii) in subparagraph (B), by striking 
                        ``section 924(c)(3)'' and inserting ``section 
                        924(c)(3)(C)''.
            (3) Prisons.--Section 3(1) of the Interstate Transportation 
        of Dangerous Criminals Act of 2000 (42 U.S.C. 13726a(1)) is 
        amended by striking ``section 924(c)(3)'' and inserting 
        ``section 924(c)(3)(C)''.
    (d) Statute of Limitations.--Section 3298 of title 18, United 
States Code, is amended--
            (1) by inserting ``or 295'' after ``274(a)''; and
            (2) by inserting ``(8 U.S.C. 1324(a) and 1363b)'' after 
        ``Immigration and Nationality Act''.
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