• Heritage Action
  • More
Return to Rule of Law Initiative

Overcriminalization

"Overcriminalization" describes the trends in America - and particulary in Congress - to use the criminal law to "solve" every problem, punish every mistake (instead of making proper use of civil penalties), and coerce Americans into conforming their behavior to satisfy social engineering objectives.

HR 1029: Alien Smuggling and Terrorism Prevention Act of 2009

Official Title

A bill to amend the Immigration and Nationality Act and Title 18, United States Code, to combat the crime of alien smuggling and related activities, and for other purposes.

Analysis

This bill would prohibit recruiting, encouraging, or inducing a person to enter the U.S. “knowing or in reckless disregard of the fact that [the] individual” would be an illegal alien or would enter at a place other than a designated port of entry. It would also prohibit assisting or encouraging an illegal alien to remain in the U.S., as well as transporting an illegal alien, “knowing or in reckless disregard of the fact that [the] individual” is an illegal alien. Violations would be punishable by criminal fines and imprisonment of up to 5 years, or 10 years if the offense was committed for the purpose of profit, commercial advantage, or financial gain. Further, the legislation asserts extraterritorial jurisdiction over the offenses it would create. This bill would also increase the maximum term of imprisonment to 10 years, or life if the offense results in death or involves kidnapping, for knowingly failing to obey an order by an authorized law enforcement officer to heave-to a marine vessel.

Legislation Details
SPONSOR

Hill (D - IN)

STATUS:

09/24/2009: Provisions included as amendment to another bill
04/01/2009: Referred to Senate Judiciary Committee
03/31/2009: House Passage
02/12/2009: Referred to House Homeland Security Committee