HR263-119

What This Bill Does

The Transnational Criminal Organization Illicit Spotter Prevention and Elimination Act adds a new Immigration and Nationality Act section 295 targeting conduct used to defeat border enforcement. A person who knowingly transmits the location, movement, or activities of federal, state, local, or Tribal law enforcement to another person with intent to further a federal crime involving immigration, customs, controlled substances, agriculture, monetary instruments, or other border controls can be fined or imprisoned for up to 10 years. A person who knowingly and without lawful authorization destroys, alters, damages, constructs around, excavates around, or otherwise defeats a federal fence, barrier, sensor, camera, or physical or electronic border or port-of-entry control device can also face up to 10 years. If the person uses, carries, or possesses a firearm in furtherance of the border-control device offense, the maximum rises to 20 years. Attempts and conspiracies are punished the same as completed violations. The bill also amends section 924(c) to include alien smuggling crime alongside crimes of violence and drug trafficking crimes, defines alien smuggling crime by cross-reference to INA sections 274(a), 277, and 278, updates brandishing, crime of violence, and drug trafficking definitions, and makes conforming changes to bankruptcy, explosives, identity, offender-notice, dangerous-criminal-transportation, and limitation-period provisions.

Who Benefits and How

Border Patrol agents benefit because the bill criminalizes spotter transmissions of law enforcement locations used to further border-related crimes. Customs officers benefit from new penalties for helping evade customs, controlled substances, agriculture, monetary-instrument, and other border controls. Communities near the border benefit if penalties deter damage to sensors, cameras, barriers, and other border-control infrastructure. Federal prosecutors benefit from new offenses, attempt and conspiracy liability, firearm-enhanced penalties, and section 924(c) coverage for alien smuggling crimes.

Who Bears the Burden and How

Illicit spotters face up to 10 years in prison for knowingly transmitting law enforcement locations to further covered federal border crimes. People damaging border-control devices face up to 10 years, or up to 20 years if they use, carry, or possess a firearm in furtherance of the offense. Alien smuggling defendants face additional section 924(c) exposure when firearms are involved. Criminal defense attorneys must handle new INA section 295 charges and expanded section 924(c) definitions.

Key Provisions

• Creates a new INA crime for transmitting law enforcement locations to further immigration, customs, drug, agriculture, monetary-instrument, or border-control crimes.
• Creates penalties for destroying, altering, damaging, or bypassing federal border or port-of-entry control devices.
• Provides higher 20-year penalties when a firearm is used, carried, or possessed in furtherance of a border-control device offense.
• Amends section 924(c) to include alien smuggling crime and updates related criminal-law cross-references.