Gun control in the Immigration Bill
Looks like there has been language inserted into the 300+ page bi-partisan* immigration bill for more gun control. Specifically, language that would classify gun shop owners & operators as criminal gangs in the event they committed two or more felonies. Sounds reasonable until you realize that minor paperwork glitches are felonies (such as putting a Y instead of spelling out Yes on a form). GOA has more.
* Any bill with the support of both parties is probably bad for the people.
May 25th, 2007 at 9:35 am
Not saying its not there, but my experience is that GOA doesn’t have the greatest reputation for truth or accuracy in these things. I couldn’t log onto their site for some reason, so I don’t know what is included, but if GOA is the only one saying it, I don’t believe it without a chance to look at the language.
May 25th, 2007 at 5:48 pm
Does anyone have the actual number of the Bill? The GAO lists the section (#205) but no bill #.
May 26th, 2007 at 3:52 pm
IIRC, the gang classification also lets them bring in RICO.
May 26th, 2007 at 10:50 pm
Its S. 1348
I’m not seeing any Section 250.
May 26th, 2007 at 10:51 pm
SEC. 213. PROHIBITION OF THE SALE OF FIREARMS TO, OR THE POSSESSION OF FIREARMS BY CERTAIN ALIENS.
Section 922 of title 18, United States Code, is amended–
(1) in subsection (d)(5)–
(A) in subparagraph (A), by striking `or’ at the end;
(B) in subparagraph (B), by striking `(y)(2)’ and all that follows and inserting `(y), is in a nonimmigrant classification; or’; and
(C) by adding at the end the following:
`(C) has been paroled into the United States under section 212(d)(5) of the Immigration and Nationality Act (8 U.S.C. 1182(d)(5));’;
(2) in subsection (g)(5)–
(A) in subparagraph (A), by striking `or’ at the end;
(B) in subparagraph (B), by striking `(y)(2)’ and all that follows and inserting `(y), is in a nonimmigrant classification; or’; and
(C) by adding at the end the following:
`(C) has been paroled into the United States under section 212(d)(5) of the Immigration and Nationality Act (8 U.S.C. 1182(d)(5));’; and
(3) in subsection (y)–
(A) in the header, by striking `admitted under nonimmigrant visas’ and inserting `in a nonimmigrant classification’;
(B) in paragraph (1), by amending subparagraph (B) to read as follows:
`(B) the term `nonimmigrant classification’ includes all classes of nonimmigrant aliens described in section 101(a)(15) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)), or otherwise described in the immigration laws (as defined in section 101(a)(17) of such Act).’;
(C) in paragraph (2), by striking `has been lawfully admitted to the United States under a nonimmigrant visa’ and inserting `is in a nonimmigrant classification’; and
(D) in paragraph (3)(A), by striking `Any individual who has been admitted to the United States under a nonimmigrant visa may receive a waiver from the requirements of subsection (g)(5)’ and inserting `Any alien in a nonimmigrant classification may receive a waiver from the requirements of subsection (g)(5)(B)’.
May 26th, 2007 at 10:53 pm
Heh, So I finally got through to the GOA page. They are concerned with Section 205. Here’s the text. As I thought, I was correct. GOA doesn’t know what the hell their talking about and basically lies in order to raise funds.
SEC. 205. INCREASED CRIMINAL PENALTIES RELATED TO GANG VIOLENCE, REMOVAL, AND ALIEN SMUGGLING.
(a) Criminal Street Gangs-
(1) INADMISSIBILITY- Section 212(a)(2) (8 U.S.C. 1182(a)(2)) is amended–
(A) by redesignating subparagraph (F) as subparagraph (J); and
(B) by inserting after subparagraph (E) the following:
`(F) MEMBERS OF CRIMINAL STREET GANGS- Unless the Secretary of Homeland Security or the Attorney General waives the application of this subparagraph, any alien who a consular officer, the Attorney General, or the Secretary of Homeland Security knows or has reason to believe–
`(i) is, or has been, a member of a criminal street gang (as defined in section 521(a) of title 18, United States Code); or
`(ii) has participated in the activities of a criminal street gang, knowing or having reason to know that such activities promoted, furthered, aided, or supported the illegal activity of the criminal gang,
is inadmissible.’.
(2) DEPORTABILITY- Section 237(a)(2) (8 U.S.C. 1227(a)(2)) is amended by adding at the end the following:
`(F) MEMBERS OF CRIMINAL STREET GANGS- Unless the Secretary of Homeland Security or the Attorney General waives the application of this subparagraph, any alien who the Secretary of Homeland Security or the Attorney General knows or has reason to believe–
`(i) is, or at any time after admission has been, a member of a criminal street gang (as defined in section 521(a) of title 18, United States Code); or
`(ii) has participated in the activities of a criminal street gang, knowing or having reason to know that such activities promoted, furthered, aided, or supported the illegal activity of the criminal gang,
is deportable.’.
(3) TEMPORARY PROTECTED STATUS- Section 244 (8 U.S.C. 1254a) is amended–
(A) by striking `Attorney General’ each place it appears and inserting `Secretary of Homeland Security’;
(B) in subsection (b)(3)–
(i) in subparagraph (B), by striking the last sentence and inserting the following: `Notwithstanding any other provision of this section, the Secretary of Homeland Security may, for any reason (including national security), terminate or modify any designation under this section. Such termination or modification is effective upon publication in the Federal Register, or after such time as the Secretary may designate in the Federal Register.’;
(ii) in subparagraph (C), by striking `a period of 12 or 18 months’ and inserting `any other period not to exceed 18 months’;
(C) in subsection (c)–
(i) in paragraph (1)(B), by striking `The amount of any such fee shall not exceed $50.’;
(ii) in paragraph (2)(B)–
(I) in clause (i), by striking `, or’ at the end;
(II) in clause (ii), by striking the period at the end and inserting `; or’; and
(III) by adding at the end the following:
`(iii) the alien is, or at any time after admission has been, a member of a criminal street gang (as defined in section 521(a) of title 18, United States Code).’; and
(D) in subsection (d)–
(i) by striking paragraph (3); and
(ii) in paragraph (4), by adding at the end the following: `The Secretary of Homeland Security may detain an alien provided temporary protected status under this section whenever appropriate under any other provision of law.’.
(b) Penalties Related to Removal- Section 243 (8 U.S.C. 1253) is amended–
(1) in subsection (a)(1)–
(A) in the matter preceding subparagraph (A), by inserting `212(a) or’ after `section’; and
(B) in the matter following subparagraph (D)–
(i) by striking `or imprisoned not more than four years’ and inserting `and imprisoned for not less than 6 months or more than 5 years’; and
(ii) by striking `, or both’;
(2) in subsection (b), by striking `not more than $1000 or imprisoned for not more than one year, or both’ and inserting `under title 18, United States Code, and imprisoned for not less than 6 months or more than 5 years (or for not more than 10 years if the alien is a member of any of the classes described in paragraphs (1)(E), (2), (3), and (4) of section 237(a)).’; and
(3) by amending subsection (d) to read as follows:
`(d) Denying Visas to Nationals of Country Denying or Delaying Accepting Alien- The Secretary of Homeland Security, after making a determination that the government of a foreign country has denied or unreasonably delayed accepting an alien who is a citizen, subject, national, or resident of that country after the alien has been ordered removed, and after consultation with the Secretary of State, may instruct the Secretary of State to deny a visa to any citizen, subject, national, or resident of that country until the country accepts the alien that was ordered removed.’.
(c) Alien Smuggling and Related Offenses-
(1) IN GENERAL- Section 274 (8 U.S.C. 1324), is amended to read as follows:
`SEC. 274. ALIEN SMUGGLING AND RELATED OFFENSES.
`(a) Criminal Offenses and Penalties-
`(1) PROHIBITED ACTIVITIES- Except as provided in paragraph (3), a person shall be punished as provided under paragraph (2), if the person–
`(A) facilitates, encourages, directs, or induces a person to come to or enter the United States, or to cross the border to the United States, knowing or in reckless disregard of the fact that such person is an alien who lacks lawful authority to come to, enter, or cross the border to the United States;
`(B) facilitates, encourages, directs, or induces a person to come to or enter the United States, or to cross the border to the United States, at a place other than a designated port of entry or place other than as designated by the Secretary of Homeland Security, knowing or in reckless disregard of the fact that such person is an alien and regardless of whether such alien has official permission or lawful authority to be in the United States;
`(C) transports, moves, harbors, conceals, or shields from detection a person outside of the United States knowing or in reckless disregard of the fact that such person is an alien in unlawful transit from 1 country to another or on the high seas, under circumstances in which the alien is seeking to enter the United States without official permission or legal authority;
`(D) encourages or induces a person to reside in the United States, knowing or in reckless disregard of the fact that such person is an alien who lacks lawful authority to reside in the United States;
`(E) transports or moves a person in the United States, knowing or in reckless disregard of the fact that such person is an alien who lacks lawful authority to enter or be in the United States, if the transportation or movement will further the alien’s illegal entry into or illegal presence in the United States;
`(F) harbors, conceals, or shields from detection a person in the United States, knowing or in reckless disregard of the fact that such person is an alien who lacks lawful authority to be in the United States; or
`(G) conspires or attempts to commit any of the acts described in subparagraphs (A) through (F).
`(2) CRIMINAL PENALTIES- A person who violates any provision under paragraph (1)–
`(A) except as provided in subparagraphs (C) through (G), if the offense was not committed for commercial advantage, profit, or private financial gain, shall be fined under title 18, United States Code, imprisoned for not more than 5 years, or both;
`(B) except as provided in subparagraphs (C) through (G), if the offense was committed for commercial advantage, profit, or private financial gain–
`(i) if the violation is the offender’s first violation under this subparagraph, shall be fined under such title, imprisoned for not more than 20 years, or both; or
`(ii) if the violation is the offender’s second or subsequent violation of this subparagraph, shall be fined under such title, imprisoned for not less than 3 years or more than 20 years, or both;
`(C) if the offense furthered or aided the commission of any other offense against the United States or any State that is punishable by imprisonment for more than 1 year, shall be fined under such title, imprisoned for not less than 5 years or more than 20 years, or both;
`(D) shall be fined under such title, imprisoned not less than 5 years or more than 20 years, or both, if the offense created a substantial and foreseeable risk of death, a substantial and foreseeable risk of serious bodily injury (as defined in section 2119(2) of title 18, United States Code), or inhumane conditions to another person, including–
`(i) transporting the person in an engine compartment, storage compartment, or other confined space;
`(ii) transporting the person at an excessive speed or in excess of the rated capacity of the means of transportation; or
`(iii) transporting the person in, harboring the person in, or otherwise subjecting the person to crowded or dangerous conditions;
`(E) if the offense caused serious bodily injury (as defined in section 2119(2) of title 18, United States Code) to any person, shall be fined under such title, imprisoned for not less than 7 years or more than 30 years, or both;
`(F) shall be fined under such title and imprisoned for not less than 10 years or more than 30 years if the offense involved an alien who the offender knew or had reason to believe was–
`(i) engaged in terrorist activity (as defined in section 212(a)(3)(B)); or
`(ii) intending to engage in terrorist activity;
`(G) if the offense caused or resulted in the death of any person, shall be punished by death or imprisoned for a term of years not less than 10 years and up to life, and fined under title 18, United States Code.
`(3) LIMITATION- It is not a violation of subparagraph (D), (E), or (F) of paragraph (1)–
`(A) for a religious denomination having a bona fide nonprofit, religious organization in the United States, or the agents or officers of such denomination or organization, to encourage, invite, call, allow, or enable an alien who is present in the United States to perform the vocation of a minister or missionary for the denomination or organization in the United States as a volunteer who is not compensated as an employee, notwithstanding the provision of room, board, travel, medical assistance, and other basic living expenses, provided the minister or missionary has been a member of the denomination for at least 1 year; or
`(B) for an individual or organization, not previously convicted of a violation of this section, to provide an alien who is present in the United States with humanitarian assistance, including medical care, housing, counseling, victim services, and food, or to transport the alien to a location where such assistance can be rendered.
`(4) EXTRATERRITORIAL JURISDICTION- There is extraterritorial Federal jurisdiction over the offenses described in this subsection.
`(b) Employment of Unauthorized Aliens-
`(1) CRIMINAL OFFENSE AND PENALTIES- Any person who, during any 12-month period, knowingly employs 10 or more individuals with actual knowledge or in reckless disregard of the fact that the individuals are aliens described in paragraph (2), shall be fined under title 18, United States Code, imprisoned for not more than 10 years, or both.
`(2) DEFINITION- An alien described in this paragraph is an alien who–
`(A) is an unauthorized alien (as defined in section 274A(i));
`(B) is present in the United States without lawful authority; and
`(C) has been brought into the United States in violation of this subsection.
`(c) Seizure and Forfeiture-
`(1) IN GENERAL- Any real or personal property used to commit or facilitate the commission of a violation of this section, the gross proceeds of such violation, and any property traceable to such property or proceeds, shall be subject to forfeiture.
`(2) APPLICABLE PROCEDURES- Seizures and forfeitures under this subsection shall be governed by the provisions of chapter 46 of title 18, United States Code, relating to civil forfeitures, except that such duties as are imposed upon the Secretary of the Treasury under the customs laws described in section 981(d) shall be performed by such officers, agents, and other persons as may be designated for that purpose by the Secretary of Homeland Security.
`(3) PRIMA FACIE EVIDENCE IN DETERMINATIONS OF VIOLATIONS- In determining whether a violation of subsection (a) has occurred, prima facie evidence that an alien involved in the alleged violation lacks lawful authority to come to, enter, reside in, remain in, or be in the United States or that such alien had come to, entered, resided in, remained in, or been present in the United States in violation of law shall include–
`(A) any order, finding, or determination concerning the alien’s status or lack of status made by a Federal judge or administrative adjudicator (including an immigration judge or immigration officer) during any judicial or administrative proceeding authorized under Federal immigration law;
`(B) official records of the Department of Homeland Security, the Department of Justice, or the Department of State concerning the alien’s status or lack of status; and
`(C) testimony by an immigration officer having personal knowledge of the facts concerning the alien’s status or lack of status.
`(d) Authority To Arrest- No officer or person shall have authority to make any arrests for a violation of any provision of this section except–
`(1) officers and employees designated by the Secretary of Homeland Security, either individually or as a member of a class; and
`(2) other officers responsible for the enforcement of Federal criminal laws.
`(e) Admissibility of Videotaped Witness Testimony- Notwithstanding any provision of the Federal Rules of Evidence, the videotaped or otherwise audiovisually preserved deposition of a witness to a violation of subsection (a) who has been deported or otherwise expelled from the United States, or is otherwise unavailable to testify, may be admitted into evidence in an action brought for that violation if–
`(1) the witness was available for cross examination at the deposition by the party, if any, opposing admission of the testimony; and
`(2) the deposition otherwise complies with the Federal Rules of Evidence.
`(f) Outreach Program-
`(1) IN GENERAL- The Secretary of Homeland Security, in consultation with the Attorney General and the Secretary of State, as appropriate, shall–
`(A) develop and implement an outreach program to educate people in and out of the United States about the penalties for bringing in and harboring aliens in violation of this section; and
`(B) establish the American Local and Interior Enforcement Needs (ALIEN) Task Force to identify and respond to the use of Federal, State, and local transportation infrastructure to further the trafficking of unlawful aliens within the United States.
`(2) FIELD OFFICES- The Secretary of Homeland Security, after consulting with State and local government officials, shall establish such field offices as may be necessary to carry out this subsection.
`(3) AUTHORIZATION OF APPROPRIATIONS- There are authorized to be appropriated such sums are necessary for the fiscal years 2008 through 2012 to carry out this subsection.
`(g) Definitions- In this section:
`(1) CROSSED THE BORDER INTO THE UNITED STATES- An alien is deemed to have crossed the border into the United States regardless of whether the alien is free from official restraint.
`(2) LAWFUL AUTHORITY- The term `lawful authority’ means permission, authorization, or license that is expressly provided for in the immigration laws of the United States or accompanying regulations. The term does not include any such authority secured by fraud or otherwise obtained in violation of law or authority sought, but not approved. No alien shall be deemed to have lawful authority to come to, enter, reside in, remain in, or be in the United States if such coming to, entry, residence, remaining, or presence was, is, or would be in violation of law.
`(3) PROCEEDS- The term `proceeds’ includes any property or interest in property obtained or retained as a consequence of an act or omission in violation of this section.
`(4) UNLAWFUL TRANSIT- The term `unlawful transit’ means travel, movement, or temporary presence that violates the laws of any country in which the alien is present or any country from which the alien is traveling or moving.’.
(2) CLERICAL AMENDMENT- The table of contents is amended by striking the item relating to section 274 and inserting the following:
`Sec. 274. Alien smuggling and related offenses.’.
(d) Prohibiting Carrying or Using a Firearm During and in Relation to an Alien Smuggling Crime- Section 924(c) of title 18, United States Code, is amended–
(1) in paragraph (1)–
(A) in subparagraph (A), by inserting `, alien smuggling crime,’ after `any crime of violence’;
(B) in subparagraph (A), by inserting `, alien smuggling crime,’ after `such crime of violence’;
(C) in subparagraph (D)(ii), by inserting `, alien smuggling crime,’ after `crime of violence’; and
(2) by adding at the end the following:
`(6) For purposes of this subsection, the term `alien smuggling crime’ means any felony punishable under section 274(a), 277, or 278 of the Immigration and Nationality Act (8 U.S.C.
May 28th, 2007 at 9:11 am
[…] an update to this post, Countertop comments that GOA is full of […]
May 28th, 2007 at 10:28 pm
anybody who can’t see the opportunity for abuse, is an idiot. Countertop included. Remember RICO Goddammit!
May 29th, 2007 at 1:35 am
It’s hard to see what new powers this is giving the federal government that RICO doesn’t already give it. And RICO has never been used to go after legal gun owners and dealers. I agree with Countertop that GOA is really reaching here.