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Alien Smuggling: Recent Legislative Developments (CRS Report for Congress)

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Release Date Revised Jan. 28, 2009
Report Number RL34501
Report Type Report
Authors Yule Kim, and Michael John Garcia, Legislative Attorneys
Source Agency Congressional Research Service
Older Revisions
  • Premium   Revised June 3, 2008 (14 pages, $24.95) add
  • Premium   May 22, 2008 (14 pages, $24.95) add
Summary:

The primary statutory provision proscribing alien smuggling is § 274 of the Immigration and Nationality Act (INA). INA § 274 proscribes a broad spectrum of activities that would aid aliens to enter and live within the United States without proper legal status. In the 110th Congress, several legislative proposals were introduced to modify the penalties for alien smuggling, some of which saw legislative action or received significant congressional interest. S. 2366/S. 2368 (the SAVE Act); House-passed H.R. 2399, its companion bill S. 2463; and House-passed H.R. 2830 all contained similar language and would have amended both the INA and Title 18 of the U.S. Code. These bills would have significantly altered the wording and structure of INA § 274, expanding its scope. They also would have added alien smuggling provisions in § 2237 of Title 18, enhancing sentencing for disobeying federal officials on the high seas while engaging in alien smuggling. It is possible that similar legislation will be considered in the 111th Congress.