Washington, DC – Pressing forward with an “enforcement first” strategy, U.S. Rep. Dave Camp (R-Midland) and a majority of his House colleagues today sent the Senate three additional bills aimed at stemming illegal immigration. The move comes just days after the House pressured the Senate to pass legislation erecting an additional 700 miles of fencing along the southern border.
“We have serious gaps at the southern border and they need to be plugged in order to stop the flood of illegal immigration,” said Camp. “As they have throughout history, many of these people are coming to America looking for work and a better life. Sadly, a large number also come to engage in drug trafficking and violent gang activity. We ignore that reality at the risk of our own communities and families. The bills we passed today will give law enforcement greater tools to keep us safe.”
The measures approved by the House target those building and utilizing tunnels to gain access into the U.S., expanding the length of time dangerous aliens can be detained, and expressly granting local law enforcement the ability to aid in immigration enforcement efforts.
Criminalizing Border Tunnels
The Border Tunnel Prevention Act sets criminal penalties of up to 20 years imprisonment for individuals who construct or finance the construction of a tunnel across a U.S. border. Anyone who recklessly permits the construction of such a tunnel on their property is subject to imprisonment of up to 10 years. Those caught using such a tunnel to smuggle aliens, contraband, drugs, weapons or terrorists are subject to twice the current penalty.
Since September 11, 2001, U.S. authorities have discovered 38 tunnels crossing into the U.S. All but one has been on the southern border. These tunnels range in complexity from simple “gopher holes” a few feet long, to complex passageways built by drug cartels. In one case, U.S. authorities discovered two tons of marijuana inside a 1,200 yard tunnel, complete with lighting, electricity, ventilation and a water pump.
As recently as last week, another cross border drug smuggling tunnel was located beneath a residence in Calexico, California and extending approximately 400 feet to a residence in Mexicali, Mexico. The tunnel was the focus of an ongoing investigation undertaken by the U.S. Drug Enforcement Administration, U.S. Immigration and Customs Enforcement, the U.S. Border Patrol, and the Calexico Police Department.
Detaining Dangerous Aliens
The Community Protection Act of 2006 ensures that dangerous aliens who, for a variety of reasons, cannot be deported, are not automatically released into society. Under two U.S. Supreme Court decisions, the Department of Homeland Security is unable to detain these aliens for more than six months, even if the individual has committed a violent crime or represents a threat to national security. As a result, hundreds of criminals are released back onto our streets. The legislation allows dangerous aliens, under the purview of judicial review, to be detained for periods of six months at a time, and then allows for the period of detention to be renewed.
A recent audit conducted by the Department of Homeland Security's Inspector General, said that Immigration and Customs Enforcement has reported that 696 high-risk aliens were released due to current law in the first six months of 2005. Released criminals have been known rapists, child molesters, and murderers.
Authority of State and Local Law Enforcement
The Immigration Law Enforcement Act of 2006 reaffirms the inherent authority of state and local law enforcement to voluntarily investigate, identify, apprehend, arrest, detain and transfer to federal custody illegal immigrants. Legal confusion had prevented many state and local law enforcement officers who wanted to assist in the enforcement of immigration laws from doing so. This bill clarifies their authority to engage in such activities.
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