Ernst Cracks Down on Cartel Surveillance of Border Patrol

WASHINGTON - As part of Republicans' sweeping efforts to secure the border, U.S. Senator Joni Ernst (R-Iowa) is introducing the Transnational Criminal Organization Illicit Spotter Prevention and Elimination Act to create criminal consequences for cartel "spotters" who surveil border patrol positions to aid human and drug trafficking.

While spotters play a critical role in cartel smuggling operations, including for fentanyl, which is the leading cause of death for Americans 18-45, there is currently no law specifically prohibiting or penalizing them.

"I'm putting cartels on notice - the era of open borders is over," said Ernst. "Republicans are restoring law and order and securing the homeland by giving border patrol the tools they need to do their job and creating real consequences for criminals. We are going to protect Americans."

Representative Juan Ciscomani (R-Ariz.) is introducing companion legislation in the U.S. House of Representatives.

"Drug cartels and other bad actors have developed increasingly sophisticated efforts to evade Customs and Border Protection agents and local law enforcement officers," said Ciscomani. "One aspect I hear often from frontline agents in Arizona is the urgent need to go after "spotters" who help Transnational Criminal Organizations avoid law enforcement by surveilling portions of the border and communicating their positions. This bill, which I am proud to lead in the House, would increase punishments on spotters and sends a powerful message to anyone who is aiding or abetting cartel operations along the southern border that they will be held accountable to the fullest extent of the law."

The Transnational Criminal Organization Illicit Spotter Prevention and Elimination Act creates severe consequences for spotters who send information about border patrol surveillance positions or destroy border controls. The bill amends the Immigration and Nationality Act to prohibit:

• Transmitting to another person the location, movement, or activities of law enforcement agents while intending to further a federal immigration crime;
• Destroying, altering, or damaging any physical electronic device used by the federal government to control the border or any port of entry; or
• Carrying or using a firearm in an alien smuggling crime.

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