Speech #1100003090

Senator KYL is Ranking Member. and 1 am looking forward to working with her on the document security that issues I am sure our subcommittee will address this Congress. This year will mark the 3rd year Senator FEINSTEIN and I have worked together on legislation aimed at making it easier to prosecute people trying to enter the U.S. with fraudulent documents. One of the most dangerous document security issues we face is how to keep passports and visas out of the hands of the people we dont want to have them. As a 2004 U.S. News and World Report article rightly stated. "When it comes to terrorists most valuable weapons. passports and visas probably rank higher than bullets and bombs." A 2004 study done by the Department of Homeland Security Office of Inspector General titled "A Review of the Use of Stolen Passports From Visa Waiver Countries to Enter the United States." found that "[there are] over 10 million lost or stolen passports that might be in circulation." As background for the report. the Forensics Documents Laboratory informed the Office of the Inspector General that "criminals consider a passport" from a Visa Waiver Country "a very valuable commodity." To keep out terrorists and others we do not want to allow into the United States. we must be able to identify and effectively prosecute people who lie or give us fraudulent information to obtain a U.S. visa or a passport. Additionally. we must be able to identify and effectively prosecute people trying to enter the U.S. with a passport or visa that belongs to someone else. Perhaps most importantly. we must effectively prosecute those possessing multiple passports and visas they intend to distribute to others. We must be able to take these "career" document traffickers. those caught with more than 10 fraudulent passports or visas. off the streets. Under current law. violators are not being prosecuted effectively because there is no statute that specifically makes trafficking in multiple (10 or more) documents its own crime. This bill will add that new crimepunishable by 20 years in jailto the passport and visa fraud sections of the criminal code. In addition to creating a new crime to penalize trafficking in 10 or more fraudulent immigration documents. 20 year maximum sentence. Title I of the bill simplifies the language of several of the current passport fraud provisions of the criminal code and changes the maximum penalties for these offenses from 10 years for the first offense and 15 years for subsequent of153. Pt. 1 January 11. 2007 fenses. to simply 15 years for each offense. The bill also includes a new protection for immigrants. Anyone who engages in a scheme to defraud them in connection with matters under Federal immigration law. or who pretends to be an immigration lawyer. will be charged under a new crime that carries a maximum penalty of 15 years. Although this provision is not strictly related to passport fraud. it will protect immigrants from sham attorneys an(d legal "experts" who cheat them out of their money by pretending to offer them immigration benefits or legitimate documents. Many of the bills provisions simply clean up sections of the criminal code. For exampleone section modifies the alternative sentencing penalties to make sure the penalties for severe passport fraud offenses (such as those used to facilitate a drug trafficking crime or an act of international terrorism) are consistent throughout the code.