S. 50 — Transnational Criminal Organization Illicit Spotter Prevention and Elimination Act

This section adds a new §295 to chapter 9 of the Immigration and Nationality Act (INA), establishing criminal penalties of imprisonment for up to 10 years (or both fine and imprisonment) for (1) knowingly transmitting the location, movement, or activities of law enforcement to further specified federal crimes relating to immigration, customs, controlled substances, agriculture, monetary instruments, or other border controls ("illicit spotting"); and (2) knowingly and without authorization destroying, altering, or damaging U.S. border control devices (e.g., fences, barriers, sensors, cameras) or creating structures to evade them; increases the penalty to up to 20 years for the latter if a firearm is used or possessed in furtherance; and applies the same penalties to attempts and conspiracies. It amends 18 U.S.C. §924(c) to include "alien smuggling crimes" (i.e., felonies punishable under INA §§274(a), 277, or 278 (8 U.S.C. §§1324(a), 1327, 1328)) alongside crimes of violence and drug trafficking crimes as predicates for mandatory minimum penalties when a firearm is used, carried, brandished, or possessed; strikes paragraphs (2)-(4); redesignates paragraph (5) as (2); and adds definitions for relevant terms. It makes conforming amendments to update cross-references to 18 U.S.C. §924(c) in the Bankruptcy Code (§707(c)(1)(B)), various criminal code provisions (§§844(o), 1028(b)(3)(B), 4042(b)(3)), and prison statutes (34 U.S.C. §60102(1)). It amends the 10-year statute of limitations under 18 U.S.C. §3298 for specified non-capital human trafficking offenses and INA §274(a) to also cover offenses under new INA §295.