Dreier Leads House Introduction of Border Tunnel Prevention Act

March 1, 2006

WASHINGTON, DC - Congressman David Dreier (R-San Dimas,CA), Chairman of the House Rules Committee, was joined by a bipartisan group of California colleagues today in introducing the Border Tunnel Prevention Act in the U.S. House of Representatives, a companion bill to one introduced in the U.S. Senate by Senators Dianne Feinstein (D-CA) and John Kyl (R-AZ). The legislation seeks to crack down on those who seek to use border tunnels to illegally enter out country by criminalizing the construction of tunnels that cross the U.S. border.

"Border tunnels pose a real threat our national security," Dreier said. "We’ve had recent success in uncovering some, but we need to be more proactive in preventing their construction and usage. Cracking down on those who use and construct them, or let them be constructed on their property, will send a very strong signal that going underground is a one way ticket to prosecution."

Since September 11, 2001, U.S. authorities have discovered 40 tunnels crossing international borders into the U.S. All but one has been on the southern border, and 21 of the tunnels were along the California-Mexico border. Eight of the tunnels were discovered in San Diego since the beginning of 2006. These tunnels range in complexity from simple "gopher holes" a few feet long, to massive drug-cartel built mega-tunnels. In one particularly egregious case, U.S. authorities discovered two tons of marijuana inside a 1,200 yard tunnel, complete with lighting, electricity, ventilation and a water pump.

The new legislation amends the federal criminal code to criminalize the construction or financing of an unauthorized tunnel or subterranean passage across an international border into the United States, with a term of imprisonment of up to 20 years. It also punishes those who recklessly permit others to construct or use an unauthorized tunnel or subterranean passage on their land with a term of imprisonment of up to 10 years. Additionally, the legislation doubles the sentence for using a tunnel or subterranean passage to smuggle aliens, weapons, drugs, terrorists, or illegal goods. Finally, the bill ensures that assets involved in the offense, or any property traceable to the offense, may be subject to forfeiture.

Dreier thanked his colleagues Congressmen Duncan Hunter (R-CA), Elton Gallegly (R-CA), Adam Schiff (D-CA), Congresswoman Susan Davis (D-CA) and Jane Harman (D-CA) for joining him as original co-sponsors of the legislation.