ILW.COM - the immigration portal Immigration Daily

Immigration Daily: the news source for legal professionals. Free! Join 35000+ readers

Home Page

Advanced search


Immigration Daily

Archives

Processing times

Immigration forms

Discussion board

Resources

Blogs

Twitter feed

Immigrant Nation

Attorney2Attorney

CLE Workshops

Immigration books

Advertise on ILW

VIP Network

EB-5

Chinese Immig. Daily

About ILW.COM

Connect to us

Make us Homepage

Questions/Comments


SUBSCRIBE

Immigration Daily

 

Chinese Immig. Daily



The leading
immigration law
publisher - over
50000 pages of free
information!

Copyright
©1995-
ILW.COM,
American
Immigration LLC.

Immigration Daily: the news source for
legal professionals. Free! Join 35000+ readers
Enter your email address here:



< Back to current issue of Immigration Daily < Back to current issue of Immigrant's Weekly

 
HR 238 IH

106th CONGRESS

1st Session

H. R. 238

To amend section 274 of the Immigration and Nationality Act to impose mandatory minimum sentences, and increase certain sentences, for bringing in and harboring certain aliens and to amend title 18, United States Code, to provide enhanced penalties for persons committing such offenses while armed.

IN THE HOUSE OF REPRESENTATIVES

January 6, 1999

Mr. ROGAN introduced the following bill; which was referred to the Committee on the Judiciary


A BILL

To amend section 274 of the Immigration and Nationality Act to impose mandatory minimum sentences, and increase certain sentences, for bringing in and harboring certain aliens and to amend title 18, United States Code, to provide enhanced penalties for persons committing such offenses while armed.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. MANDATORY MINIMUM SENTENCES FOR BRINGING IN AND HARBORING CERTAIN ALIENS.

Section 274(a)(1)(B) of the Immigration and Nationality Act (8 U.S.C. 1324(a)(1)(B)) is amended to read as follows:

`(B)(i) Except as provided in clauses (ii) and (iii), a person who violates subparagraph (A) shall--

`(I) in the case of a violation of subparagraph (A)(i) or (v)(I) or in the case of a violation of subparagraph (A)(ii), (iii), or (iv) in which the offense was done for the purpose of commercial advantage or private financial gain, be fined under title 18, United States Code, imprisoned not less than 2 years nor more than 10 years, or both;

`(II) in the case of a violation of subparagraph (A)(ii), (iii), (iv), or (v)(II) be fined under title 18, United States Code, imprisoned not less than 1 year nor more than 5 years, or both;

`(III) in the case of a violation of subparagraph (A)(i), (ii), (iii), (iv), or (v) during and in relation to which the person causes serious bodily injury (as defined in section 1365 of title 18, United States Code) to, or places in jeopardy the life of, any person, be fined under title 18, United States Code, imprisoned not less than 5 years nor more than 25 years, or both; and

`(IV) in the case of a violation of subparagraph (A)(i), (ii), (iii), (iv), or (v) resulting in the death of any person, be punished by death or imprisoned for any term of years or for life (but not less than 20 years), fined under title 18, United States Code, or both.

`(ii) In the case of a violation of subparagraph (A) after 1 prior conviction for any other violation of subparagraph (A) has become final, the minimum term of imprisonment shall be not less than two times the minimum term specified in clause (i).

`(iii) In the case of a violation of subparagraph (A) after 2 or more prior convictions for any other violations of subparagraph (A) have become final, the minimum term of imprisonment shall be not less than five times the minimum term specified in clause (i).'.

SEC. 2. ENHANCED PENALTIES FOR PERSONS COMMITTING OFFENSES WHILE ARMED.

Section 924(c)(1) of title 18, United States Code, is amended--

(1) in subparagraph (A)--

(A) by inserting after `device)' the following: `or any violation of section 274(a)(1)(A) of the Immigration and Nationality Act'; and

(B) by striking `or drug trafficking crime--' and inserting `, drug trafficking crime, or violation of section 274(a)(1)(A) of the Immigration and Nationality Act--'; and

(2) in subparagraph (D)(ii), by striking `or drug trafficking crime' and inserting `, drug trafficking crime, or violation of section 274(a)(1)(A) of the Immigration and Nationality Act'.

END

 



Immigration Daily: the news source for
legal professionals. Free! Join 35000+ readers
Enter your email address here: