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Adds a new section (section 295) to chapter 9 of title II (Immigration and Nationality Act) titled 'Unlawfully hindering immigration, border, and customs controls' creating offenses for (a) illicit spotting, (b) destruction of United States border controls (with enhanced penalties if a firearm is used or possessed), and (c) conspiracy and attempt.
Amends the table of contents in the first section of the Immigration and Nationality Act by inserting an item for the newly added section 295 after the item relating to section 294.
Revises subsection (c) by striking paragraphs (2)–(4), redesignating paragraph (5) as paragraph (2), making specified insertions in paragraph (1), and adding a new paragraph (3) containing definitions (including 'alien smuggling crime', 'brandish', 'crime of violence', and 'drug trafficking crime').
Updates a cross-reference in 11 U.S.C. 707(c)(1)(B) from 'section 924(c)(2)' to 'section 924(c)(3)(D)'.
Updates internal cross-references in 18 U.S.C. 844(o): replaces references to 'section 924(c)(3)' with 'section 924(c)(3)(C)' and to 'section 924(c)(2)' with 'section 924(c)(3)(D)'.
Replaces a cross-reference in 18 U.S.C. 1028(b)(3)(B) from 'section 924(c)(3)' to 'section 924(c)(3)(C)'.
Amends cross-references in 18 U.S.C. 4042(b)(3): in subparagraph (A) replaces 'section 924(c)(2)' with 'section 924(c)(3)(D)'; in subparagraph (B) replaces 'section 924(c)(3)' with 'section 924(c)(3)(C)'.
In the definition of 'crime of violence' in 34 U.S.C. 60102(1), replaces the existing citation to 'section 924(c)(3) of title 18' with 'section 924(c)(3)(C)'.
Amends 18 U.S.C. 3298 by inserting additional text (the bill text indicates insertions but the specific insertions are not shown in the provided section).
Creates new federal crimes to stop people from deliberately interfering with immigration, border, and customs operations. It criminalizes “illicit spotting” (sharing the location or movement of law enforcement to help evade, smuggle, or commit other federal crimes) and destroying or trying to disable border fences, sensors, or cameras, and sets prison terms up to 10 years or up to 20 years if a firearm is used or possessed in furtherance of the offense. The measure also amends 18 U.S.C. §924(c) with new definitions and makes conforming technical changes to other federal statutes to reflect the new offenses and penalties. The change expands tools for prosecutors and adds specific statutory language about what counts as aiding the evasion of border enforcement. It affects federal and local law enforcement, people who facilitate smuggling or evasion, online actors who share real-time information, courts, and communities near the border. No new appropriations or program authorizations are specified in the text provided.
Adds a new criminal offense (new section 295) making it unlawful for any person to knowingly transmit the location, movement, or activities of any Federal, State, local, or tribal law enforcement agency with the intent to further a federal crime relating to United States immigration, customs, controlled substances, agriculture, monetary instruments, or other border controls (termed “illicit spotting”). Punishment: fined under title 18, imprisoned not more than 10 years, or both.
Makes it unlawful for any person who knowingly and without lawful authorization destroys, alters, or damages any fence, barrier, sensor, camera, or other physical or electronic device deployed by the Federal Government to control the border or a port of entry, or to construct/excavate or make any structure intended to defeat, circumvent, or evade such devices. Punishment: fined under title 18, imprisoned not more than 10 years, or both.
If, at the time of the offense described in the destruction/defeat provision, the person uses or carries a firearm, or possesses a firearm in furtherance of the crime, punishment is increased to a fine under title 18, imprisonment not more than 20 years, or both.
Any person who attempts or conspires to violate either the illicit spotting provision or the destruction/defeat provision shall be punished in the same manner as a person who completes the violation.
Clerical amendment to the table of contents of the Immigration and Nationality Act to insert the new section (section 295) after the item relating to section 294.
Who is affected and how:
Federal border and customs law enforcement (e.g., Border Patrol, CBP, ICE): Gains a clear statutory offense and sentencing options to prosecute people who actively aid evasion, damage surveillance infrastructure, or coordinate smuggling-related activity. May change investigative priorities toward communications and tampering with sensors/fences.
Prosecutors and federal courts: Receive new charging options, statutory definitions, and sentencing ranges; will need to interpret and apply new terms like “illicit spotting” and the updated §924(c) language.
People who facilitate smuggling or evasion (including so-called spotters): Face criminal exposure where communications or actions are shown to be intended to further federal offenses; higher penalties apply if firearms are involved.
Noncitizens, migrants, and smuggling networks: Likely to be more directly targeted by enforcement and prosecution when coordinated communication or infrastructure attacks are alleged to have aided unlawful entry or smuggling.
Social media users, messaging app users, radio/CB operators, and online platforms: May be investigated if their tools are used to share real-time law-enforcement locations in aid of criminal activity. Platforms could face increased legal requests or law-enforcement scrutiny, though the text does not impose platform liability.
Local communities and border-area residents: Could see increased enforcement activity, prosecutions, and law-enforcement presence. Community members who communicate about encounters with law enforcement could face legal risk if communications are tied to criminal intent.
Civil liberties and media stakeholders: May raise concerns about overbroad application to speech, routine reporting, bystander communications, or lawful public safety warnings. Courts will likely need to define the boundary between protected speech and criminal conduct.
Overall effect: The legislation tightens criminal law around actions that materially aid evading border or customs controls and damaging detection infrastructure, expanding prosecutorial tools and increasing penalties while raising questions about speech limits, investigative scope, and resource needs for enforcement and prosecution.
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Referred to the House Committee on the Judiciary.
Introduced January 9, 2025 by Juan Ciscomani · Last progress January 9, 2025
Referred to the House Committee on the Judiciary.
Introduced in House