House Unanimously Approves Dreier-Sponsored Anti-Border Tunneling Bill

September 21, 2006

WASHINGTON, DC - The House of Representatives unanimously approved legislation today sponsored by Congressman David Dreier (R-San Dimas,CA), Chairman of the House Rules Committee, to criminalize the boring of tunnels underneath the U.S. border. The Border Tunnel Prevention Act, H.R. 4830, was approved by a 422-0 vote.

"Criminalizing the construction of border tunnels is yet another common-sense reform aimed at enhancing our border security," Dreier said. "These tunnels undermine our efforts to protect the border and pose a significant threat to our national security. Using manpower and technology to find these tunnels and shut them down will not stop others from being built and used. Tunneling will only begin to subside after tough and clear penalties are enacted for anyone involved in this pernicious violation of our border and our national sovereignty. This legislation imposes necessary punishment for anyone who so flagrantly compromises our national security."

According to Joint Task Force North (JTFN), a Department of Defense-based coalition tasked with supporting federal law enforcement along the border, 38 tunnels crossing international borders into the U.S. have been found since September 11, 2001. All but one of the tunnels has been on the southern border. These tunnels range from simple "gopher holes" a few feet long, to massive drug-cartel built mega-tunnels. In one particularly egregious case, U.S. authorities discovered two tons of marijuana inside a 1,200 yard tunnel, complete with lighting, electricity, ventilation and a water pump.

The legislation amends the federal criminal code to criminalize the construction or financing of an unauthorized tunnel or subterranean passage across an international border in to the United States, with a term of imprisonment of up to 20 years. It also punishes those who recklessly permit others to construct or use an unauthorized tunnel or subterranean passage on their land with a term of imprisonment of up to 10 years. Additionally, the legislation doubles the sentence for using a tunnel or subterranean passage to smuggle aliens, weapons, drugs, terrorists, or illegal goods. Finally, the bill ensures that assets involved in the offense, or any property traceable to the offense, may be subject to forfeiture.

Dreier thanked California Governor Arnold Schwarzenegger for supporting the legislation. In a letter to Dreier and the California Delegation, Governor Schwarzenegger wrote: "Border tunnels pose a serious threat to the security of our nation and to the residents and communities on both sides of the US-Mexico border. This legislation is a timely solution that will close loopholes in federal law by setting new federal criminal penalties for the building of border tunnels." Dreier also thanked his California colleague, Senator Dianne Feinstein (D-CA), for her work on this issue in the Senate and her commitment to seeing the legislation become law.

The House also approved two other border security measures today: H.R. 6094, the Community Protection Act, which would swiftly detain and deport dangerous illegal immigrants, and H.R. 6095, the Immigration Law Enforcement Act, which would enhance prosecution of alien smugglers, cooperation between local law enforcement and federal immigration officials, and removal of illegal immigrants.

# # #