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Border Tunnels: Attempted Recklessness?

Section 551 of the Department of Homeland Security Appropriations Act, 2007 (Public Law 109–295) added a new section to the U.S. code which criminalized “the construction or financing of an unauthorized tunnel or subterranean passage across an international border into the United States.” It also prohibited people from “recklessly permitting others to construct or use an unauthorized tunnel or subterranean passage on the person’s land.”

They forgot to outlaw conspiracies, so S. 1236, the Border Tunnel Prevention Act of 2011, would criminalize attempts and conspiracies to violate the earlier established law. Woe be it to that landowner who finds the government coming after him or her for attempting to recklessly permit others to tunnel through their land. Will they have to set up their own patrols? Dig holes? Set up sonar?

Here’s the current vote on S. 1236. Click to vote, comment, learn more, or edit the wiki article on the bill.

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