Bill Summary
This proposed bill, known as the "Border Smuggling Crackdown Act," aims to amend the United States Sentencing Guidelines for human smuggling offenses. It specifically targets cases involving the smuggling, transporting, or harboring of multiple unlawful aliens. The amendment would increase the offense level and corresponding penalties based on the number of individuals involved in the offense, as well as the severity of any bodily injury or death that may have occurred. This bill also prohibits the cumulative offense level from exceeding a certain level, except in cases where there is a substantial number of individuals affected. Overall, the purpose of this bill is to crack down on human smuggling and impose harsher penalties for those involved in these types of offenses.
Possible Impacts
1. This legislation could affect people who are involved in human smuggling, as it increases the penalties for those convicted of smuggling two or more unlawful aliens.
2. This legislation could also affect individuals who are victims of human smuggling, as it addresses the serious bodily injuries or deaths that may occur during the smuggling process.
3. This legislation could also affect individuals who work in the criminal justice system, as it amends the United States Sentencing Guidelines Manual and may require them to adjust their procedures for sentencing individuals convicted of human smuggling offenses.
[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 5322 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
2d Session
S. 5322
To amend the United States Sentencing Guidelines applicable to human
smuggling offenses, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
November 14, 2024
Mr. Ossoff (for himself and Mrs. Blackburn) introduced the following
bill; which was read twice and referred to the Committee on the
Judiciary
_______________________________________________________________________
A BILL
To amend the United States Sentencing Guidelines applicable to human
smuggling offenses, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Border Smuggling Crackdown Act''.
SEC. 2. AMENDMENT OF SENTENCING GUIDELINES.
Section 2L1.1 of the United States Sentencing Guidelines Manual is
amended--
(1) in subsection (b)--
(A) by striking paragraph (2) and inserting the
following:
``(2) If the offense involved the smuggling, transporting,
or harboring of two or more unlawful aliens, increase as
follows:
----------------------------------------------------------------------------------------------------------------
``Number of Unlawful Aliens Smuggled, Transported, or
Harbored Increase in level
----------------------------------------------------------------------------------------------------------------
(A) 2-4.................................................... add 2 levels
(B) 5-9.................................................... add 4 levels
(C) 10-19.................................................. add 5 levels
(D) 20-29.................................................. add 6 levels
(E) 30-49.................................................. add 8 levels
(F) 50 or more............................................. add 10 levels.
----------------------------------------------------------------------------------------------------------------
''; and
(B) by striking paragraph (7) and inserting the
following:
``(7) If any person died or sustained bodily injury,
increase the offense level according to the seriousness of the
injury:
----------------------------------------------------------------------------------------------------------------
``Death or Degree of Injury Increase in level
----------------------------------------------------------------------------------------------------------------
(A) Bodily Injury.......................................... add 2 levels for each person so injured
(B) Serious Bodily Injury.................................. add 4 levels for each person so injured
(C) Permanent or Life-Threatening Bodily Injury............ add 6 levels for each person so injured
(D) Death.................................................. add 10 levels for each person who died.
----------------------------------------------------------------------------------------------------------------
``The cumulative offense level determined from the application
of subsections (b)(2) and (b)(7) may not exceed level 29,
except if subsection (b)(6) applies, in which case the
cumulative offense level determined from the application of
subsections (b)(2), (b)(6), and (b)(7) may not exceed level
38.''; and
(2) in Application Note 7 of the Commentary by adding at
the end the following:
``(D) The offense involves injury to, or the death
of, a substantial number of individuals.''.
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