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Adds a new section (section 295) to Chapter 9 of title II of the Immigration and Nationality Act creating criminal offenses for 'illicit spotting' (transmitting locations/movements of law enforcement to further certain federal crimes), destruction of federal border-control devices (with enhanced penalties if a firearm is used), and applying conspiracy/attempt penalties.
Clerical amendment to the table of contents: inserts an item after the entry for section 294 corresponding to the newly added section.
Creates new federal crimes and penalties aimed at protecting law enforcement and border security: it makes it a federal offense to knowingly tell someone the location or movement of law enforcement if done to help certain federal crimes, and it criminalizes destroying or disabling government border fences, sensors, or cameras. The measure raises penalties when a firearm is used or possessed during these offenses and treats attempts and conspiracies the same as completed crimes, while making related changes to firearm- and bankruptcy-related statutes and cross-references. The changes broaden federal enforcement tools, add definitions tied to firearm provisions, and increase sentencing exposure for people who facilitate criminal activity against law enforcement or damage border security infrastructure. These provisions will affect law enforcement personnel, border agents, infrastructure owners, firearm-related actors, and people who communicate or assist others near border areas, and may prompt legal and civil‑liberties challenges about scope and intent requirements.
Creates a new offense called “Illicit spotting”: any person who knowingly transmits the location, movement, or activities of any Federal, State, local, or tribal law enforcement agency to another person with the intent to further a Federal crime related to United States immigration, customs, controlled substances, agriculture, monetary instruments, or other border controls is subject to criminal punishment (fine under title 18, imprisonment up to 10 years, or both).
Makes it a crime 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 who seeks to construct, excavate, or make any structure intended to defeat, circumvent, or evade such border control devices. Punishment: fine under title 18, imprisonment not more than 10 years, or both.
Provides an enhanced penalty when a firearm is used, carried, or possessed in furtherance of the offense described above: fine under title 18, imprisonment not more than 20 years, or both.
States that any person who attempts or conspires to violate the illicit spotting or destruction-of-border-controls provisions 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 by inserting an item after the item relating to section 294 (text shown as inserted item).
Primary impacts:
Law enforcement and border security personnel: Will have expanded federal protection and prosecutorial tools against people who intentionally disclose officer locations to facilitate crimes or who damage border security equipment. This could improve deterrence and prosecution of coordinated attacks or facilitation of offenses (e.g., ambushes, escapes, smuggling operations).
Individuals who disclose information: Persons who knowingly provide real-time or other location information about law enforcement with the required wrongful intent may face new federal charges and higher penalties, especially if firearms are involved. People who post or share information via social media or apps could be affected if prosecutors can prove the required intent to help specified federal crimes.
Border infrastructure operators and local communities: Entities that operate or maintain fences, cameras, and sensors may see increased criminal prosecutions of vandals and saboteurs; communities along the border may experience heightened enforcement activity and potential operational changes to protect equipment.
Firearm‑related actors and legal frameworks: The bill revises firearm cross‑references and definitions to enable enhanced sentencing when firearms are present, affecting defendants, defenders, and federal sentencing calculations.
Legal and civil‑liberties landscape: Because the offense hinges on intent and knowledge, courts will likely see litigation over proof of intent, overbreadth, and First Amendment implications where reporting, journalism, protest, or bystander sharing intersects with the statute. Law enforcement and prosecutors will need clear standards and training to avoid chilling lawful reporting or protest.
Administrative and resource effects: No new funding is specified, so DOJ and federal law enforcement may absorb additional investigative and prosecutorial workload. Agencies may also need to issue guidance and training on evidence collection to prove intent elements.
Overall, the legislation strengthens criminal penalties for targeted actions that undermine law enforcement safety and border infrastructure, while introducing potential constitutional and evidentiary issues that could produce litigation and require careful implementation by prosecutors and agencies.
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Read twice and referred to the Committee on the Judiciary.
Introduced January 9, 2025 by Joni Ernst · Last progress January 9, 2025
Read twice and referred to the Committee on the Judiciary.
Introduced in Senate