Sec. 314. Increased criminal penalties relating to alien smuggling and related offenses
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Section 274 of the Immigration and Nationality Act ( 8 U.S.C. 1324 ), is amended to read as follows: Except as provided in paragraph (3), a person shall be punished as provided under paragraph (2), if the person— facilitates, encourages, directs, or induces a person to come to or enter the United States, or to cross the border to the United States, knowing or in reckless disregard of the fact that such person is an alien who lacks lawful authority to come to, enter, or cross the border to the United States; facilitates, encourages, directs, or induces a person to come to or enter the United States, or to cross the border to the United States, at a place other than a designated port of entry or place other than as designated by the Secretary of Homeland Security, knowing or in reckless disregard of the fact that such person is an alien and regardless of whether such alien has official permission or lawful authority to be in the United States; transports, moves, harbors, conceals, or shields from detection a person outside of the United States knowing or in reckless disregard of the fact that such person is an alien in unlawful transit from one country to another or on the high seas, under circumstances in which the alien is seeking to enter the United States without official permission or lawful authority; encourages or induces a person to reside in the United States, knowing or in reckless disregard of the fact that such person is an alien who lacks lawful authority to reside in the United States; transports or moves a person in the United States, knowing or in reckless disregard of the fact that such person is an alien who lacks lawful authority to enter or be in the United States, if the transportation or movement will further the alien’s illegal entry into or illegal presence in the United States; harbors, conceals, or shields from detection a person in the United States, knowing or in reckless disregard of the fact that such person is an alien who lacks lawful authority to be in the United States; or conspires or attempts to commit any of the acts described in subparagraphs
(A)through (F). A person who violates any provision under paragraph
(1)shall, for each alien in respect to whom a violation of paragraph
(1)occurs— except as provided in subparagraphs
(C)through (G), if the violation was not committed for commercial advantage, profit, or private financial gain, be fined under title 18, United States Code, imprisoned for not more than 5 years, or both; except as provided in subparagraphs
(C)through (G), if the violation was committed for commercial advantage, profit, or private financial gain— be fined under such title, imprisoned for not more than 20 years, or both, if the violation is the offender’s first violation under this subparagraph; or be fined under such title, imprisoned for not less than 3 years or more than 20 years, or both, if the violation is the offender’s second or subsequent violation of this subparagraph; if the violation furthered or aided the commission of any other offense against the United States or any State that is punishable by imprisonment for more than 1 year, be fined under such title, imprisoned for not less than 5 years or more than 20 years, or both; be fined under such title, imprisoned not less than 5 years or more than 20 years, or both, if the violation created a substantial and foreseeable risk of death, a substantial and foreseeable risk of serious bodily injury (as defined in section 2119(2) of title 18, United States Code), or inhumane conditions to another person, including— transporting the person in an engine compartment, storage compartment, or other confined space; transporting the person at an excessive speed or in excess of the rated capacity of the means of transportation; or transporting the person in, harboring the person in, or otherwise subjecting the person to crowded or dangerous conditions; if the violation caused serious bodily injury (as defined in section 2119(2) of title 18, United States Code) to any person, be fined under such title, imprisoned for not less than 7 years or more than 30 years, or both; be fined under such title and imprisoned for not less than 10 years or more than 30 years if the violation involved an alien who the offender knew or had reason to believe was— engaged in terrorist activity (as defined in section 212(a)(3)(B)); or intending to engage in terrorist activity; or if the violation caused or resulted in the death of any person, be punished by death or imprisoned for a term of years not less than 10 years and up to life, and fined under title 18, United States Code. It is not a violation of subparagraph (D), (E), or
(F)of paragraph
(1)for a religious denomination having a bona fide nonprofit, religious organization in the United States, or the agents or officers of such denomination or organization, to encourage, invite, call, allow, or enable an alien who is present in the United States to perform the vocation of a minister or missionary for the denomination or organization in the United States as a volunteer who is not compensated as an employee, notwithstanding the provision of room, board, travel, medical assistance, and other basic living expenses, provided the minister or missionary has been a member of the denomination for at least 1 year. There is extraterritorial Federal jurisdiction over the offenses described in this subsection. Any real or personal property used to commit or facilitate the commission of a violation of this section, the gross proceeds of such violation, and any property traceable to such property or proceeds, shall be subject to forfeiture. Seizures and forfeitures under this subsection shall be governed by the provisions of chapter 46 of title 18, United States Code, relating to civil forfeitures, except that such duties as are imposed upon the Secretary of the Treasury under the customs laws described in section 981(d) shall be performed by such officers, agents, and other persons as may be designated for that purpose by the Secretary of Homeland Security. In determining whether a violation of subsection
(a)has occurred, prima facie evidence that an alien involved in the alleged violation lacks lawful authority to come to, enter, reside in, remain in, or be in the United States or that such alien had come to, entered, resided in, remained in, or been present in the United States in violation of law may include: any order, finding, or determination concerning the alien’s status or lack of status made by a Federal judge or administrative adjudicator (including an immigration judge or immigration officer) during any judicial or administrative proceeding authorized under Federal immigration law; official records of the Department of Homeland Security, the Department of Justice, or the Department of State concerning the alien’s status or lack of status; and testimony by an immigration officer having personal knowledge of the facts concerning the alien’s status or lack of status. No officer or person shall have authority to make any arrests for a violation of any provision of this section except: officers and employees designated by the Secretary of Homeland Security, either individually or as a member of a class; and other officers responsible for the enforcement of Federal criminal laws. Notwithstanding any provision of the Federal Rules of Evidence, the videotaped or otherwise audiovisually preserved deposition of a witness to a violation of subsection
(a)who has been deported or otherwise expelled from the United States, or is otherwise unavailable to testify, may be admitted into evidence in an action brought for that violation if: the witness was available for cross examination at the deposition by the party, if any, opposing admission of the testimony; and the deposition otherwise complies with the Federal Rules of Evidence. In this section: The term cross the border refers to the physical act of crossing the border, regardless of whether the alien is free from official restraint. The term lawful authority means permission, authorization, or license that is expressly provided for in the immigration laws of the United States or accompanying regulations. The term does not include any such authority secured by fraud or otherwise obtained in violation of law or authority sought, but not approved. No alien shall be deemed to have lawful authority to come to, enter, reside in, remain in, or be in the United States if such coming to, entry, residence, remaining, or presence was, is, or would be in violation of law. The term proceeds includes any property or interest in property obtained or retained as a consequence of an act or omission in violation of this section. The term unlawful transit means travel, movement, or temporary presence that violates the laws of any country in which the alien is present or any country from which or to which the alien is traveling or moving. . The table of contents for the Immigration and Nationality Act is amended by striking the item relating to section 274 and inserting the following: Sec. 274. Alien smuggling and related offenses. . Section 924(c) of title 18, United States Code, is amended— in paragraph (1)— in subparagraph (A)—— by inserting , alien smuggling crime, after any crime of violence ; and by inserting , alien smuggling crime, after such crime of violence ; and in subparagraph (D)(ii), by inserting , alien smuggling crime, after crime of violence ; and by adding at the end the following: For purposes of this subsection, 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). .
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Sec. 314
Increased criminal penalties relating to alien smuggling and related offenses
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