Washington, D.C. - U.S. Congressman Kevin Brady (R-The Woodlands) this week voted for three major pieces of legislation that will help increase border security and crack down on illegal immigration.
The legislation:
- makes it a crime of up to 20 years in prison to tunnel under the U.S. border, toughens penalties for human traffickers who smuggle illegal immigrants, and speeds up deportation of street gang members,
- replaces "catch and release" with "catch and remove" for El Salvadoran illegal immigrants,
- allows the federal government to detain dangerous illegal immigrants for longer than six months, which is the current limit, and
- reaffirms the authority of state and local law enforcement to voluntarily enforce illegal immigration laws.
"If we are serious about national security, these changes are just plain common sense," said Brady. "These are loopholes that needed to be closed, and I urge the Senate to act quickly to close them as well."
Each measure and a brief description are provided below:
The Illegal Immigrant Deterrence and Public Safety Act
Detaining Dangerous Aliens Who Are Unable to be Deported. The Illegal Immigrant Deterrence and Public Safety Act ensures that dangerous illegal immigrants who cannot be deported, cannot likewise be released into society. Many illegal immigrants being detained by the Department of Homeland Security are unable to be deported for a variety of reasons. Yet under current law, DHS cannot detain these illegal immigrants for more than six months, even if the individual has committed a violent crime or represents a threat to national security. As a result, hundreds of criminals are released back onto our streets. This legislation allows such illegal immigrants to be detained for periods of six months at a time, and then allows for the period of detention to be renewed. It also provides for judicial review.
Reaffirming the Authority of State and Local Law Enforcement to Enforce Immigration Laws. The Illegal Immigrant Deterrence and Public Safety Act reaffirms the inherent authority of state and local law enforcement to voluntarily investigate, identify, apprehend, arrest, detain and transfer to federal custody illegal immigrants. Many state and local law enforcement officers want to assist in the enforcement of immigration laws, and they can play a valuable role in assisting federal law immigration officers.
The Border Security Enhancement Act
Increasing Prosecutions of Alien Smugglers. United States Attorney offices do not have uniform guidelines for the prosecution of alien smuggling offenses, and many of these offices face a tremendous workload and are unable to prosecute a sufficient number of alien smuggling cases. As a result, our Border Patrol agents see many of the smugglers they apprehend go free. The Border Security Enhancement Act authorizes an increase in the number of attorneys to prosecute alien smuggling cases, and expresses Congress' sense that the Attorney General should establish uniform guidelines for the prosecution of alien smugglers.
Expediting the Removal of Alien Criminals. The Border Security Enhancement Act allows the Department of Homeland Security to use the same expedited procedures available for the removal of aggravated felons to remove other criminal aliens who are not permanent residents and are otherwise ineligible for relief. At the present time, these aliens are placed in lengthy removal proceedings even though they are not eligible for any relief.
Criminalizing the Construction and Financing of Border Tunnels. The Border Security Enhancement Act enacts criminal penalties of up to 20 years' imprisonment for individuals who knowingly construct or finance the construction of an unauthorized tunnel across a U.S. international border. In addition, individuals who recklessly permit the construction of such a tunnel on their own property are subject to imprisonment of up to 10 years. Individuals caught using such a tunnel to smuggle aliens, contraband, drugs, weapons or terrorists are subject to twice the penalty that would have otherwise been imposed.
The Effective Immigration Enforcement and Community Protection Act
Imposing "Catch & Return", instead of "Catch & Release." The Effective Immigration Enforcement and Community Protection Act helps close loopholes that have hurt the Department of Homeland Security's ability to enforce immigration laws. For example, an injunction dating from the El Salvadoran civil war of the 1980s prevents DHS from placing Salvadorans in expedited removal proceedings, even though the civil war has long since ended. DHS uses expedited removal proceedings to quickly remove illegal immigrants who are apprehended along the Southern border, in order to end the policy of "catch and release," where illegal immigrants have been released into the general population while they await deportation proceedings. Many criminal gangs have exploited these loopholes, which this bill would help close.
Detaining and Deporting Alien Gang Members. The Effective Immigration Enforcement and Community Protection Act toughens laws against alien gang members. Under the bill, an illegal immigrant who is found to be part of a criminal street gang would be subject to detention, deportation, and would be ineligible for receiving asylum or temporary protected status.
