Speech #980010022

I take great issue with those who are illegally making millions off of others desperation. These people smugglers are to whom my legislation is addressed. There is an obvious. demonstrated need for clarifying and strengthening our laws regarding the bringing in and harboring of illegal aliens. Experience. as well as the courts. have called for change. One U.S. district court concluded that the current law against assisting Illegal aliens only applies to "surreptitious entries." In the courts view. the thousands of Cubans who came with the flotilla did not come surreptitiously and. therefore. those who assisted them were not guilty of violating immigration laws. My bill would clearly prohibit any bringing in or harboring of illegal aliens on a daytoday basis. Mr. Chairman. this clarification is essential if we are to effectively curtail the smuggling of illegal aliens into the United States. I want to make certain that if someone is assisting illegal aliens into the United States under the dark of night or in broad daylight. it is a criminal offense and will be enforced and prosecuted as such. The bill I am introducing today builds on the Immigration and Nationality Act to strengthen the laws against the bringing in or harboring of illegal aliens. The legislation stiffens the penalties against the smuggling of people and more clearly details the criminal activities associated with smuggling which are also prohibited. Specifically. the legislation would charge a person bringing an illegal alien into this country with a misdemeanor punishable by a $2.500 fine per alien or a oneyear imprisonment. or both. A person charged with a second offense. or for bringing in an alien for commercial or financial gain. would be charged with a felony. fined up to $10.000 per alien or a 5year imprisonment per alien. or both. Anyone who transports. conceals. harbors or shields an illegal alien. would be charged with a felony. fined up to $10.000 and receive a 5year sentence for each alien. or both. In addition. anyone who induces or encourages the smuggling of aliens will be charged and fined as if harboring an alien. This is directed at individuals and travel agencies like those in Miami which have openly directed interested parties to smuggling operations in South America and the Bahamas. Under the provisions of this proposal. any conveyance used in the transporting of an illegal alien would be subject to seizure and forfeiture. My bill would make immigration law regarding seizure and forfeiture comparable to such laws in customs and drug enforcement. The burden of proof would be put on the suspect to demonstrate his innocence and reclaim his vehicle. if appropriate. Under current immigration law. the INS bears the burden of proof and must show that the person in charge of the conveyance is a consenting party in the crime before the vehicle can be forfeited. In addition. the INS must bear the financial and administrative costs. It is my understanding that no other law enforcement agency is subject to such liability. Mr. Chairman. the weakness and impracticality of the current immigration law regarding seizure and forfeiture were demonstrated during the Cuban flotilla when hundreds of vessels were involved. It was totally unrealistic for INS to bear the burden of proof during such a mass migration. I believe that my legislation would certainly strengthen the hand of INS to seize vessels or aircrafts when there is probable cause. The final provision of my legislation is the one that I feel is most crucial to an effective curtailment of smuggling. My bill 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. This lack of authority in existing law has certainly impeded efforts to detect. detain and arrest those involved in the smuggling or harboring of illegal aliens. Often. it is the Coast Guard and local law enforcement officers who first detect alien smugglers. Under current practice. these officials can only report such spottings to the INS under a friendly agreement of cooperation.