LoBiondo Bill Would Toughen Penalties for Illegal Alien Smugglers

WASHINGTON — Republican Members of the Coast Guard and Maritime Transportation Subcommittee have introduced the “Maritime Law Enforcement Improvement Act of 2009”, legislation to provide the Coast Guard with greater authority to apprehend and prosecute those attempting to smuggle illegal aliens into the United States by sea.
The bill, H.R. 1440, was formally introduced in the House by Ranking Republican on the Coast Guard and Maritime Transportation Subcommittee Frank LoBiondo (R-2nd) and Ranking Republican of the House Transportation & Infrastructure Committee John Mica (Fl-07) along with Representatives Don Young (AK-at-large) and Pete Olsen (TX-22).
“It is critical that we give the U.S. Coast Guard the necessary tools to protect our borders. This legislation will ensure that those who smuggle illegal aliens into our country are prosecuted to the fullest extent of the law,” LoBiondo said.
“This legislation will undoubtedly aid the Coast Guard in its effort to eliminate the threat of human smuggling. H.R. 1440 will enhance the tools available to the Coast Guard and U.S. attorneys to support the successful interdiction and prosecution of the criminals involved in these operations and will significantly add to the safety and security of the United States and its surrounding waters,” Mica said.
The bill would make alien smuggling or the conspiracy or attempt to smuggle aliens into the United States a felony offense under federal law. Under current law, alien smuggling is only a felony offense if the smuggler seeks commercial advantage or private financial gain, or seriously harms or endangers an individual. Further, the bill would remove obstacles for future prosecutions and create a new federal felony offense that applies to the transportation of an alien illegally seeking to enter the United States aboard a vessel.
The “Maritime Law Enforcement Improvement Act of 2009” would remove obstacles for future prosecutions and create a new federal felony offense that applies to the transportation of an alien illegally seeking to enter the United States aboard a vessel.
An offense under the bill would be punishable up to 20 years in prison and/or a fine of up to $250,000;
In cases where a violation results in serious bodily injury to any person involved the offense would be punishable up to 30 years in prison and/or a fine of up to $500,000;
In cases where a violation results in the death of any person involved an offense would carry a prison term of up to life and/or a fine of up to $1,000,000; and,
The bill would also order the civil and criminal forfeiture of any vessel that is used to commit a maritime smuggling offense.
H.R. 1440 also significantly enhances the capabilities of the Coast Guard to apprehend and prosecute alien smugglers by giving the agency extraterritorial jurisdiction outside of U.S. waters to gather evidence and conduct investigations.
The bill’s language is modeled after the Maritime Drug Law Enforcement Act, which has appreciably enhanced the Coast Guard’s ability to interdict and prosecute drug smugglers bound for the United States. Like the Maritime Drug Law Enforcement Act, this bill would address the shortcomings of existing law that currently impede the prosecution of maritime smugglers.
The legislation is based on a Coast Guard proposal, and the agency has determined this to be one of its highest legislative priorities of the year.