Alien Smuggling: Recent Legislative Developments
"The primary statutory provision proscribing alien smuggling is §274 of the
Immigration and Nationality Act (INA). INA §274 proscribes a broad spectrum of
activities that would aid aliens to enter and live within the United States without
proper legal status. Recently in Congress, a flurry of proposed legislation has been
introduced addressing alien smuggling. H.R. 4088/S. 2366/S. 2368 (the SAVE Act),
the House-passed H.R. 2399, its companion bill S. 2463, and the House-passed H.R.
2830 all contain similar language that would amend both the INA and Title 18 of the
U.S. Code. These bills would significantly alter the wording and structure of INA
§274, expanding its scope. They would also add alien smuggling provisions in §2237
of Title 18, which would enhance sentencing for disobeying federal officials on the
high seas while engaging in alien smuggling."