The "Transnational Criminal Organization Illicit Spotter Prevention and Elimination Act" increases penalties for obstructing immigration, border, and customs controls, including making it a federal crime to share information about law enforcement activities with the intent to further a federal crime, destroy border control devices, and updates cross-references to reflect changes in the criminal and bankruptcy codes.
Joni Ernst
Senator
IA
The "Transnational Criminal Organization Illicit Spotter Prevention and Elimination Act" increases penalties for obstructing immigration, border, and customs controls. It establishes new federal crimes for sharing information about law enforcement activities with the intent to further a federal crime, and for damaging or evading border control devices. The act also enhances penalties for alien smuggling when a firearm is involved and extends the statute of limitations for related offenses.
The "Transnational Criminal Organization Illicit Spotter Prevention and Elimination Act" ramps up penalties for messing with immigration and border controls—and throws in some entirely new federal crimes. The core purpose? To make it harder to obstruct border enforcement and to punish those who do.
This bill, straight up, makes it a federal crime to share information about law enforcement activities if that info is used to further any federal crime. Think border patrols, customs checks, or even agricultural inspections. If you share details that help someone break federal law, you're facing fines and up to 10 years in prison (Section 2). The bill also makes destroying or damaging border control devices—fences, cameras, sensors—a federal crime, also with a potential 10-year sentence. If a firearm is involved in any of these offenses, that sentence jumps to a maximum of 20 years.
For example, imagine someone livestreaming the location of a temporary Border Patrol checkpoint, and that information is used by others to evade the checkpoint while committing a separate federal crime. Under this bill, the person livestreaming could face federal charges. Or, if someone cuts a hole in the border fence, they could be charged, and if they carried wire cutters deemed a 'dangerous weapon', the penalties dramatically increase.
The bill specifically adds "alien smuggling" to the list of crimes that get harsher penalties if a firearm is involved (Section 2). It also extends the statute of limitations for offenses related to hindering immigration and border controls. This means someone could be prosecuted for actions that happened years ago, potentially long after any evidence or witnesses are readily available.
While the bill aims to strengthen border security, the broad language around "sharing information" raises some serious questions. Could this be used against journalists reporting on border issues, or activists exposing potential misconduct? It's not explicitly stated, leaving room for interpretation. Similarly, damaging border fences during a protest could now land someone in federal prison for a decade. The extended statute of limitations also means people could face charges based on actions from years in the past, where evidence might be shaky and there is potential for selective enforcement.
This bill significantly expands federal power at the border and introduces new ways for people to get caught up in the criminal justice system, whether they're directly involved in smuggling or simply sharing information in a way the government doesn't like.