Bayh, Graham Introduce Legislation to Make Illegal Alien Smuggling a Felony Offense

Press Release

Bayh, Graham Introduce Legislation to Make Illegal Alien Smuggling a Felony Offense

Smuggling illegal aliens across the U.S. border would become a felony offense punishable by five years in prison under legislation introduced today by Senators Evan Bayh (D-IN) and Lindsey Graham (R-SC).

Each year, between 700,000 to 800,000 people enter the United States illegally, according to the Pew Research Center. A large number of these illegal crossings are organized by criminal smugglers, yet this year there have been only 2,661 prosecutions under the federal alien smuggling statute.

The Alien Smuggling and Terrorism Prevention Law Enforcement Act of 2007 (S. 2463) amends the current alien smuggling statute to make it a felony offense to smuggle, recruit, transport or harbor illegal aliens. Currently, alien smuggling is a misdemeanor.

"Alien smuggling is a transnational crime problem that poses a significant risk to national security and public safety," Senator Bayh said. "Those who break our immigration laws for financial gain deserve more than a slap on the wrist. This legislation sends a message to U.S. attorneys that we want these offenders federally prosecuted to the maximum extent of the law."

It is estimated that the international alien smuggling and sex trafficking trade generates $9.5 billion for criminal organizations worldwide, and the profits are used to finance additional criminal enterprises, such as the trafficking of drugs, weapons or other contraband. Smugglers endanger the safety and lives of those who are seeking to enter our country by subjecting them to physical abuse, rape and subjected to deplorable and dangerous conditions by their smugglers.

The Bayh-Graham legislation includes even stiffer maximum penalties for those who smuggle for financial gain (10 years); for repeat offenders (15 years); for cases involving physical assault (20 years); terrorism facilitation (30 years) and kidnapping, rape or attempted murder (life). The bill preserves a misdemeanor exception for instances in which family members smuggle their kin into the country.

A companion version of the alien smuggling legislation authored by Congressman Baron Hill (D-IN) passed the House of Representatives in May by a vote of 412-0.

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