HR 2399 · 110th Congress 2007–2009, ended

Alien Smuggling and Terrorism Prevention Act of 2007

Fact sheet

Latest action · Apr 28, 2008 For Further Action See H.R.2830.

Progress

Where this bill reached, and when. A stage with no date was not reached; one that failed a vote and later carried shows the date it carried.

  1. IntroducedMay 21, 2007
  2. Passed HouseMay 22, 2007
  3. Passed SenateNot reached
  4. To the PresidentNot reached
  5. Became lawNot reached

Summary

Alien Smuggling and Terrorism Prevention Act of 2007 - (Sec. 3) Directs the Department of Homeland Security (DHS) to check against all available terrorist watchlists those alien smugglers and smuggled individuals who are interdicted at U.S. land, air, and sea borders.

(Sec. 4) Amends the Immigration and Nationality Act to specify the following criminal penalties for individuals convicted of smuggling unlawful aliens into the United States (applicable to each alien for whom the offense applies): (1) fine and/or up to five years incarceration for smuggling; (2) fine and/or up to one year incarceration for transit of the defendant's spouse, child, sibling, parent, grandparent, or niece or nephew; (3) fine and/or up to 10 years incarceration for recruiting to enter, or harboring or transporting in the United States for profit, commercial advantage, or private financial gain; (4) fine and/or incarceration for 3 to 10 years for a first or second offense of knowingly bringing an illegal alien into the United States for profit, commercial advantage, or private financial gain, or if the offense was committed with the intent or reason to believe that the individual will commit a federal or state offense punishable by more than one year's incarceration, and 5 to 15 years incarceration for any subsequent violation; (5) fine and/or up to 20 years incarceration if the offense results in serious bodily injury or jeopardizes a person's life; (6) fine and/or up to 30 years incarceration if the defendant knew the individual was a terrorist or intended to engage in terrorist activity; and (7) fine and/or incarceration for any term of years/or life if the offense involves kidnaping or attempt to kidnap, the conduct required for aggravated sexual abuse, or an attempt to kill.

Provides extraterritorial jurisdiction over such offenses.

Limits a defense of necessity for knowingly bringing an illegal alien into the United States from the high seas.

Exempts from certain of such violations (transporting or harboring in the United States) a bona fide nonprofit, religious organization in the United States (or its agents or officers) that encourages, invites, or enables an alien who is present in the United States to serve as a volunteer minister or missionary for such organization in the United States, provided the minister or missionary has been a member of the denomination for at least one year.

(Sec. 5) Amends federal criminal law to specify the following maritime penalties (in addition to the current fine/five-year incarceration): (1) fine and/or up to 10 years incarceration for offenses committed in the course of smuggling, trafficking, shipping, stolen property, drug, and other offenses; (2) fine and/or up to 15 years incarceration for offenses resulting in serious bodily injury or transportation under inhumane conditions; or (3) fine and/or incarceration for any term of years/or life if the offense results in death or involves kidnaping or attempt to kidnap, the conduct required for aggravated sexual abuse or an attempt to commit such abuse, or an attempt to kill.

Limits a defense of necessity with respect to such maritime enforcement.

Defines "transportation under inhumane conditions" as the transportation of persons in an engine compartment, storage compartment, or other confined space, transportation at an excessive speed, transportation of a number of persons in excess of the rated capacity of the means of transportation, or intentionally grounding a vessel in which persons are being transported.

(Sec. 6) Directs the United States Sentencing Commission to review and amend as appropriate sentencing guidelines and policy statements applicable to persons convicted of alien smuggling offenses and criminal failure to heave to or obstruction of boarding.

Recorded votes 1

Newest first. Open one to see how every member voted.

Roll callQuestionResultDate
House 400Passed412–0May 22, 2007

Cosponsors 7

Members who signed on, in the order they did. Signatures ran from May 21, 2007 to May 22, 2007, with 3 there on the day it was introduced.

SeatCosponsorSigned on
D-INJoe DonnellyOriginalMay 21, 2007
D-KSNancy E. BoydaOriginalMay 21, 2007
D-FLTim MahoneyOriginalMay 21, 2007
D-INBrad EllsworthMay 22, 2007
D-OHCharles A. WilsonMay 22, 2007
D-NCHeath ShulerMay 22, 2007
D-PAPatrick J. MurphyMay 22, 2007

Actions 12

Everything that happened, newest first.

  1. Apr 28, 2008For Further Action See H.R.2830.
  2. May 23, 2007Received in the Senate and Read twice and referred to the Committee on the Judiciary.
  3. May 22, 2007At the conclusion of debate, the Yeas and Nays were demanded and ordered. Pursuant to the provisions of clause 8, rule XX, the Chair announced that further proceedings on the motion would be postponed.
  4. May 22, 2007Considered as unfinished business. (consideration: CR H5582-5583)
  5. May 22, 2007Considered under suspension of the rules. (consideration: CR H5576-5580)

Related bills 2

Companion bills and other measures the record links to this one.

Subjects

Assigned by the Library of Congress. Policy area: Immigration.

Text 3

Each version as it was printed, newest first.

  1. May 23, 2007Referred in Senate
  2. May 22, 2007Engrossed in House
  3. May 21, 2007Introduced in House

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Everything here is as published by Congress: the summary is the Congressional Research Service's, the action wording is the clerks', and the subjects are the Library of Congress's. How far it got is read from the actions themselves, taking the most recent one of each kind, so a bill that failed a vote and later passed is shown as having passed. Records come from this bill on Congress.gov and govinfo.gov.