HR4092-119

What This Bill Does

The Protect RAIL Act adds a new immigration consequence for offenses involving interstate or foreign shipments by carrier. It amends the inadmissibility rules so any noncitizen convicted of, admitting, or admitting acts constituting the essential elements of an offense under 18 U.S.C. 659, or conspiracy to commit that offense, is inadmissible. It also amends deportability rules so any noncitizen convicted of a section 659 offense or conspiracy is deportable. Section 659 covers theft, embezzlement, or unlawful taking from interstate or foreign shipments by carrier, so the bill links freight and rail looting offenses to immigration removal and entry bars.

Who Benefits and How

Rail carriers benefit because shipment theft offenses would carry additional immigration consequences for noncitizen offenders. Freight shippers benefit if stronger consequences deter theft from interstate or foreign shipments. Federal immigration prosecutors benefit from a specific inadmissibility and deportability ground tied to section 659 offenses. Communities affected by cargo theft benefit if the added consequence reduces repeat freight-looting conduct.

Who Bears the Burden and How

Noncitizens convicted of section 659 shipment offenses become deportable. Noncitizens who admit section 659 conduct or conspiracy become inadmissible. Immigration judges must apply the new inadmissibility and deportability grounds. Defense attorneys must account for immigration consequences when advising noncitizen defendants in shipment-theft cases.

Key Provisions

• Adds an inadmissibility ground for section 659 shipment theft offenses and conspiracies.
• Adds a deportability ground for section 659 convictions and conspiracies.
• Provides immigration consequences for offenses involving interstate or foreign shipments by carrier.
• Uses immigration status consequences rather than changing the section 659 criminal offense itself.