Speech #980005899

There have also been several known. and probably many unknown. instances of drowning and killings of aliens by the smugglers. The most publicized was that of the 21 Haitians who washed up on a Florida beach. The smugglers are not held accountable and most often are not even detained or sentenced under immigration law. let alone other criminal law. Mr. President. it is uncertain if another flotilla will invade Florida or other States. Regardless. any form of alien smuggling must be stopped by the United States. My legislation merely builds on the Immigration and Nationality Act to more clearly express our intent to stop the bringing in and harboring of illegal aliens in this country. Specifically. my bill would charge a person bringing an illegal alien into this country with a misdemeanor punishable by a $2.500 fine per alien and/ or a 1year imprisonment. For the bringing in of an alien for commercial or financial gain. the person shall be charged with a felony with a fine of $10.000 and/or imprisonment up to 5 years for each alien. In addition. my bill would make it a felony with a $10.000 fine and/or 5 years imprisonment for one to bring an alien into this country at a point other than a designated port of entry. regardless of the aliens documentation status. A person who transports. conceals. harbors. or shields an illegal alien would be charged with a felony. fined up to $10.000. and receive a 5year prison sentence. or both. Any conveyance used in the transportation of illegal aliens shall be subject to seizure and forfeiture. My bill would make immigration law regarding the seizure and forfeiture of a vessel. vehicles. and aircraft comparable to such law in customs and drug enforcement. Currently. immigration law requires that INS bear the burden of proof when seizing a conveyance suspected of violating immigration law and INS bear the financial and administrative costs as well. It is my understanding. that no other law enforcement agency is subject to such liability. My bill would put the burden of proof on the suspect to demonstrate his innocence. The weaknesses and unrealistic application of the current immigration law was demonstrated during the Cuban flotilla when hundreds of vessels were involved. I believe that my legislation would certainly strengthen the hand of INS to seize vessels or aircraft when there is probable cause. The final provision of my bill is the one I feel is most crucial for an effective curtailment of alien smuggling. My legislation expressly gives Federal. State. and local law enforcement officials the authority to arrest persons suspected of bringing in. harboring. concealing. or transporting an illegal alien. This authority expands upon existing law which only allows INS officials to make such arrests. Mr. President. this lack of authority in current law has certainly impeded efforts to detect. detain. and arrest those involved in smuggling or harboring illegal aliens. Often. it is the Coast Guard and local law officers who first detect alien smugglers. Under current practice. such officials can only report spottings to INS under a friendly agreement of cooperation.