INCREASED CRIMINAL PENALTIES FOR ALIEN SMUGGLING.

SEC. 203. INCREASED CRIMINAL PENALTIES FOR ALIEN SMUGGLING. (a) Commercial Advantage.— Section 274(a)(1)(B)(i) (8 U.S.C. 1324(a)(1)(B)(i)) is amended by inserting “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” after “subparagraph (A)(i)”. (b) Additional Offenses.— Section 274(a) (8 U.S.C. 1324(a)) is amended— (1) in paragraph (1)(A)— (A) by striking “or” at the end of clause (iii); (B) by striking the comma at the end of clause (iv) and inserting “; or”; and (C) by adding at the end the following new clause: “(v) (I) engages in any conspiracy to commit any of the preceding acts, or “(II) aids or abets the commission of any of the preceding acts,”; (2) in paragraph (1)(B)— 110 STAT. 3009–566 (A) in clause (i), by inserting “or (v)(I)” after “(A)(i)”; (B) in clause (ii), by striking “or (iv)” and inserting “(iv), or(v)(II)”; (C) in clause (iii), by striking “or (iv)” and inserting “(iv), or (v)”; and (D) in clause (iv), by striking “or (iv)” and inserting “(iv), or (v)”; (3) in paragraph (2)(B), by striking “be fined” and all that follows and inserting the following: “be fined under title 18, United States Code, and shall be imprisoned, in the case of a first or second violation of subparagraph (B)(iii), not more than 10 years, in the case of a first or second violation of subparagraph (B)(i) or (B)(ii), not less than 3 nor more than 10 years, and for any other violation, not less than 5 nor more than 15 years.”; and (4) by adding at the end the following new paragraph: “(3) (A) Any person who, during any 12-month period, knowingly hires for employment at least 10 individuals with actual knowledge that the individuals are aliens described in subparagraph (B) shall be fined under title 18, United States Code, or imprisoned for not more than 5 years, or both. “(B) An alien described in this subparagraph is an alien who— “(i) is an unauthorized alien (as defined in section 274A(h)(3)), and “(ii) has been brought into the United States in violation of this subsection.”. (c) Smuggling of Aliens Who Will Commit Crimes.— Clause (i) of section 274(a)(2)(B) (8 U.S.C. 1324(a)(2)(B)) is amended to read as follows: “(i) an offense committed with the intent or with reason to believe that the alien unlawfully brought into the United States will commit an offense against the United States or any State punishable by imprisonment for more than 1 year”. (d) Applying Certain Penalties on a Per Alien Basis.— Section 274(a)(2) (8 U.S.C. 1324(a)(2)) is amended by striking “for each transaction constituting a violation of this paragraph, regardless of the number of aliens involved” and inserting “for each alien in respect to whom a violation of this paragraph occurs”. (e) Sentencing Guidelines.— (1) In general.— Pursuant to its authority under section 994(p) of title 28, United States Code, the United States Sentencing Commission shall promulgate sentencing guidelines or amend existing sentencing guidelines for offenders convicted of offenses related to smuggling, transporting, harboring, or inducing aliens in violation of section 274(a) (1)(A) or (2) of the Immigration and Nationality Act (8 U.S.C. 1324(a)(1)(A), (2)(B)) in accordance with this subsection. (2) Requirements.— In carrying out this subsection, the Commission shall, with respect to the offenses described in paragraph (1)— (A) increase the base offense level for such offenses at least 3 offense levels above the applicable level in effect on the date of the enactment of this Act; (B) review the sentencing enhancement for the number of aliens involved (U.S.S.G. 2L 1.1(b)(2)), and increase the sentencing enhancement by at least 50 percent above the 110 STAT. 3009–567applicable enhancement in effect on the date of the enactment of this Act; (C) impose an appropriate sentencing enhancement upon an offender with 1 prior felony conviction arising out of a separate and prior prosecution for an offense that involved the same or similar underlying conduct as the current offense, to be applied in addition to any sentencing enhancement that would otherwise apply pursuant to the calculation of the defendant’s criminal history category; (D) impose an additional appropriate sentencing enhancement upon an offender with 2 or more prior felony convictions arising out of separate and prior prosecutions for offenses that involved the same or similar underling conduct as the current offense, to be applied in addition to any sentencing enhancement that would otherwise apply pursuant to the calculation of the defendant’s criminal history category; (E) impose an appropriate sentencing enhancement on a defendant who, in the course of committing an offense described in this subsection— (i) murders or otherwise causes death, bodily injury, or serious bodily injury to an individual; (ii) uses or brandishes a firearm or other dangerous weapon; or (iii) engages in conduct that consciously or recklessly places another in serious danger of death or serious bodily injury; (F) consider whether a downward adjustment is appropriate if the offense is a first offense and involves the smuggling only of the alien’s spouse or child; and (G) consider whether any other aggravating or mitigating circumstances warrant upward or downward sentencing adjustments. (3) Emergency authority to sentencing commission.— The Commission shall promulgate the guidelines or amendments provided for under this subsection as soon as practicable in accordance with the procedure set forth in section 21(a) of the Sentencing Act of 1987, as though the authority under that Act had not expired. (f) Effective Date.— This section and the amendments made by this section shall apply with respect to offenses occurring on or after the date of the enactment of this Act.