Washington, DC, Sep 21, 2006 - U.S. Congressman John Carter (TX-31) today applauded House action on three bills that will help enhance border security, strengthen law enforcement, and protect our country. The bills that passed the House are the Community Protection Act, the Immigration Law Enforcement Act, and the Border Tunnel Prevention Act. These bills are a result of more than 20 hearings held by the House over the past two months to hear the concerns of the American people and determine the best way to make progress in securing our borders.

“I am pleased to support these important pieces of legislation that will help secure our borders and our nation now,” Congressman Carter said. “By giving state, local, and federal enforcement agencies additional resources and authority to properly prosecute and remove alien smugglers and criminal illegal immigrants, we can better protect the American people. The existence of dangerous tunnels like the one discovered this week on the U.S.–Mexico border, highlights the need to criminalize the construction or financing of border tunnels. Passage of these bills is further evidence of Congress’s commitment to taking action that will strengthen border security.”

More specifically, these bills: focus on detaining dangerous illegal immigrants and enhancing state and local law enforcement authority; provide the Department of Homeland Security (DHS) with additional tools to effectively enforce our immigration laws, including ending catch and release and removing illegal immigrant gang members; and take several additional steps to stop illegal entry along the border, including establishing penalties for border tunnels, prosecuting smuggling offenses, and removing criminal illegal immigrants.

Congressman Carter, a member of the House Appropriations Homeland Security Subcommittee, has toured the Texas-Mexico border three times in the past year to examine operations along the border. The Homeland Security Subcommittee has jurisdiction over the Department of Homeland Security, including the Immigration and Customs Enforcement Agency.

*See below for further descriptions on each of these bills.*

Detaining Dangerous Aliens Who Are Unable to be Deported. The Community Protection Act ensures that dangerous illegal immigrants who cannot be deported, cannot likewise be released into society. Many illegal immigrants being detained by the Department of Homeland Security are unable to be deported for a variety of reasons. Yet under current law, DHS cannot detain these illegal immigrants for more than six months, even if the individual has committed a violent crime or represents a threat to national security. As a result, hundreds of criminals are released back onto our streets. This legislation allows such illegal immigrants to be detained for periods of six months at a time, and then allows for the period of detention to be renewed. It also provides for judicial review.

Expediting the Removal of Alien Criminals. The Community Protection Act allows the Department of Homeland Security to use the same expedited procedures available for the removal of aggravated felons to remove other criminal aliens who are not permanent residents and are otherwise ineligible for relief. At the present time, these aliens are placed in lengthy removal proceedings even though they are not eligible for any relief.

Detaining and Deporting Alien Gang Members. The Community Protection Act toughens laws against alien gang members. Under the bill, an illegal immigrant who is found to be part of a criminal street gang would be subject to detention, deportation, and would be ineligible for receiving asylum or temporary protected status.

Reaffirming the Authority of State and Local Law Enforcement to Enforce Immigration Laws. The Immigration Law Enforcement Act reaffirms the inherent authority of state and local law enforcement to voluntarily investigate, identify, apprehend, arrest, detain, and transfer to federal custody illegal immigrants. Many state and local law enforcement officers want to assist in the enforcement of immigration laws, and they can play a valuable role in assisting federal law immigration officers.

Increasing Prosecutions of Alien Smugglers. United States attorney offices do not have uniform guidelines for the prosecution of alien smuggling offenses, and many of these offices face a tremendous workload and are unable to prosecute a sufficient number of alien smuggling cases. As a result, our Border Patrol agents see many of the smugglers they apprehend go free. The Immigration Law Enforcement Act authorizes an increase in the number of attorneys to prosecute alien smuggling cases, and expresses Congress’ sense that the attorney general should establish uniform guidelines for the prosecution of alien smugglers.

Imposing “Catch & Return” Instead of “Catch & Release.” The Immigration Law Enforcement Act helps close loopholes that have hurt the Department of Homeland Security’s ability to enforce immigration laws. For example, an injunction dating from the El Salvadoran civil war of the 1980s prevents DHS from placing Salvadorans in expedited removal proceedings, even though the civil war has long since ended. DHS uses expedited removal proceedings to quickly remove illegal immigrants who are apprehended along the Southern border, in order to end the policy of “catch and release,” where illegal immigrants have been released into the general population while they await deportation proceedings. Many criminal gangs have exploited these loopholes, which this bill would help close.

Criminalizing the Construction and Financing of Border Tunnels. The Border Tunnel Prevention Act enacts criminal penalties of up to 20 years’ imprisonment for individuals who knowingly construct or finance the construction of an unauthorized tunnel across a U.S. international border. In addition, individuals who recklessly permit the construction of such a tunnel on their own property are subject to imprisonment of up to 10 years. Individuals caught using such a tunnel to smuggle aliens, contraband, drugs, weapons, or terrorists are subject to twice the penalty that would have otherwise been imposed.