Citing Article I, Section 5 (sic)[This should probably be Section 8], Clauses 4 and 18 of the United States Constitution, Representative Darrell Issa of the 49th district of California submitted HR-45 entitled the Criminal Alien Accountability Act. The act would change 8 U.S.C. 1326 to provide stiffer penalties for aliens reentering the U.S. or committing crimes while in the U.S. The only cosponsor of the bill is Representative Brooks of Missouri. No Arizona representative cosponsored the legislation.
This title applies to aliens who:
(1) has been denied admission, excluded, deported, or removed or has departed the United States while an order of exclusion, deportation, or removal is outstanding, and thereafter
(2) enters, attempts to enter, or is at any time found in, the United States, unless
(A) prior to his reembarkation at a place outside the United States or his application for admission from foreign contiguous territory, the Attorney General has expressly consented to such alien’s reapplying for admission; or
(B) with respect to an alien previously denied admission and removed, unless such alien shall establish that he was not required to obtain such advance consent under this chapter or any prior Act,
The bill would add stiffer mandatory sentencing for these aliens. Changes in Subsection B are:
Paragraph 1 would read: “whose removal was subsequent to a conviction for commission of three or more misdemeanors involving drugs, crimes against the person, or both, or a felony (other than an aggravated felony), such alien shall be fined under title 18, imprisoned not more than 10 years, imprisoned for a term of not less than 5 years and not more than 10 years or both;”
Paragraph 2 would read, “whose removal was subsequent to a conviction for commission of an aggravated felony, such alien shall be fined under such title, imprisoned not more than 20 years, imprisoned for a term of not less than 10 years and not more than 20 years or both;
(4) who was removed from the United States pursuant to section 1231 (a)(4)(B) of this title who thereafter, without the permission of the Attorney General, enters, attempts to enter, or is at any time found in, the United States (unless the Attorney General has expressly consented to such alien’s reentry) shall be fined under title 18, imprisoned for not more than 10 years, imprisoned for a term of not less than 5 years and not more than 10 years or both.
The last change would probably be moot since the Attorney General has opened the way for drug traffikking and human smuggling by attacking Sheriff Joe Arpaio of Maricopa county stopping the efforts of the Sheriff to enforce these laws. The report of the justice department complains of the Sheriff’s Office “profiling,” yet they have not investigated the profiling done in their own office or that of the DHS concerning “domestic terrorists” that carry a copy of the Constitution or have a Ron Paul sticker on their car.
The bill would add a provision for persons who knowingly assist an alien to reenter:
Any person who knowingly aids or assists any alien violating section 276(b) to reenter the United States, or who connives or conspires with any person or persons to allow, procure, or permit any such alien to reenter the United States, shall be fined under title 18, United States Code, or imprisoned for a term imposed under paragraph (2), or both
The bill was introduced in January of 2011 and referred to the Subcommittee on Immigration Policy and Enforcement in February where it languishes. The bill would probably have to be resubmitted in the next session of Congress if is to ever see the light of day.
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