Alien Smuggling and Terrorism Prevention Act of 2007
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.
- IntroducedMay 21, 2007
- Passed HouseMay 22, 2007
- Passed SenateNot reached
- To the PresidentNot reached
- 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 call | Question | Result | Date |
|---|---|---|---|
| House 400 | On Motion to Suspend the Rules and Pass, as Amended | Passed412–0 | May 22, 2007 |
Cosponsors 7
Members who signed on, in the order they did. Signatures ran from May 21, 2007 to May 22, 2007; 3 are original cosponsors, there from the day it was introduced.
| Seat | Cosponsor | Signed on | |
|---|---|---|---|
| D-IN | Joe Donnelly | Original | May 21, 2007 |
| D-KS | Nancy E. Boyda | Original | May 21, 2007 |
| D-FL | Tim Mahoney | Original | May 21, 2007 |
| D-IN | Brad Ellsworth | May 22, 2007 | |
| D-OH | Charles A. Wilson | May 22, 2007 | |
| D-NC | Heath Shuler | May 22, 2007 | |
| D-PA | Patrick J. Murphy | May 22, 2007 |
Committees 3
Where it was sent and what each committee and subcommittee did with it, in order.
| Chamber | Committee | What it did |
|---|---|---|
| House | Judiciary Committee | Referred May 21, 2007 |
| House | Homeland Security Committee | Referred May 21, 2007 |
| Senate | Judiciary Committee | Referred May 23, 2007 |
Actions 11
Everything that happened, newest first.
- Apr 28, 2008For Further Action See H.R.2830.
- May 23, 2007Received in the Senate and Read twice and referred to the Committee on the Judiciary.
- May 22, 2007Mr. Berman moved to suspend the rules and pass the bill, as amended.
- May 22, 2007Considered under suspension of the rules. (consideration: CR H5576-5580)
- May 22, 2007DEBATE - The House proceeded with forty minutes of debate on H.R. 2399.
- 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.
- May 22, 2007Considered as unfinished business. (consideration: CR H5582-5583)
- May 22, 2007Passed/agreed to in House: On motion to suspend the rules and pass the bill, as amended Agreed to by the Yeas and Nays: (2/3 required): 412 - 0, 6 Present (Roll no. 400). (text: CR H5576-5578)
- May 22, 2007Motion to reconsider laid on the table Agreed to without objection.
- May 21, 2007Introduced in House
- May 21, 2007Referred to the Committee on the Judiciary, and in addition to the Committee on Homeland Security, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
In the Congressional Record 1
Days the Record’s own index lists this bill, newest first, with the pages and the members it names. Pages starting H are the House, S the Senate, E Extensions of Remarks.
| Where | In the Record | Members | Date |
|---|---|---|---|
| House | Debate and remarks H5576–H5580Text printed H5576–H5578Recorded votes H5582enact | Baron P. Hill D-IN, Bennie G. Thompson D-MS, Howard L. Berman D-CA, Joe Donnelly D-IN, Ric Keller R-FL | May 22, 2007 |
Related bills 2
Companion bills and other measures the record links to this one.
| Bill | Title | Relationship | Latest action |
|---|---|---|---|
| S 2463 | Alien Smuggling and Terrorism Prevention Act of 2007 | Related bill | Dec 13, 2007 |
| HR 2830 | To authorize appropriations for the Coast Guard for fiscal year 2008, to amend the Immigration and Nationality Act and title 18, United States Code, to combat the crime of alien smuggling and related activities, and for other purposes. | Related bill | Apr 28, 2008 |
Titles 3
Every title it has carried, official and short, at each stage.
- Official Title as Introduced
- To amend the Immigration and Nationality Act and title 18, United States Code, to combat the crime of alien smuggling and related activities, and for other purposes.
- Short Titles as Introduced
- Alien Smuggling and Terrorism Prevention Act of 2007
- Short Titles as Passed House
- Alien Smuggling and Terrorism Prevention Act of 2007
Subjects
Assigned by the Library of Congress. Policy area: Immigration.
- Administrative procedure
- Alien labor
- Aliens
- Boundaries
- Churches
- Civil Rights and Liberties, Minority Issues
- Clergy
- Conspiracy
- Crime and Law Enforcement
- Criminal justice information
- Drug abuse
- Drug traffic
- Emergency Management
- Emergency medicine
- Fines (Penalties)
- Forced labor
- Government Operations and Politics
- Health
- Homicide
- Identification of criminals
- Illegal aliens
- Immigration
- International Affairs
- Jurisdiction
- Kidnapping
- Labor and Employment
- Larceny
- Law
- Life imprisonment
- Mandatory sentences
- Marine transportation
- Missionaries
- Obstruction of justice
- Prosecution
- Prostitution
- Rape
- Recidivists
- Religion
- Rescue work
- Sentencing guidelines
- Sex crimes
- Slavery
- Smuggling
- Social Welfare
- Terrorism
- Transportation and Public Works
- U.S. Sentencing Commission
- Volunteer workers
- Women
Text 3
Each version as it was printed, newest first.
- May 23, 2007Referred in Senate
- May 22, 2007Engrossed in House
- May 21, 2007Introduced in House
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; cost estimates are the Congressional Budget Office's, and the hearings are the printed hearings GovInfo publishes, which can appear months after the hearing.
