Washington, DC – With a record number of illegal tunnels discovered along the U.S.-Mexico border, U.S. Senator Dianne Feinstein (D-Calif.) today strongly urged Michael Chertoff, Secretary of the Department of Homeland Security, to make enforcement of the Border Tunnel Prevention Act a top priority.

In a letter to Secretary Chertoff, Senator Feinstein notes that 19 cross-border tunnels were discovered in 2007, up from a record 17 discovered in 2006. Of those discovered last year, four were found in California, with the remainder in Arizona. In all, 60 illegal tunnels have been discovered since September 11, 2001.

The letter specifically asks Secretary Chertoff to work closely with the Department of Justice to investigate and prosecute anyone building and using border tunnels to smuggle drugs, guns or people in and out of the United States.

The Border Tunnel Prevention Act, enacted in October 2006, makes it a federal crime to finance, construct or use a border tunnel. It also provides for up to 10 years in prison for any landowner who recklessly permits construction or use of an illegal tunnel.

Following is the text of Senator Feinstein’s letter to Secretary Chertoff:

March 12, 2008

Secretary Michael Chertoff
U.S. Department of Homeland Security
Nebraska Avenue Center, N.W.
Washington, D.C.  20528

Dear Secretary Chertoff:

I was deeply troubled to receive a report from the Department of Homeland Security which indicates that a record number of cross-border tunnels were discovered in 2007.  In light of these statistics, I am requesting that you make the enforcement of the Border Tunnel Prevention Act a top priority. 

There were 19 cross-border tunnels that were discovered in 2007, which surpasses the record of 17 set in 2006.  A total of 60 cross-border tunnels have been discovered since September 11, 2001.  Of the 19 tunnels that were found in 2007, four of the tunnels were found in California, and the remaining tunnels were found in Arizona.  Particularly troubling is the fact that tunnels are expanding to new areas.  In 2007, the first tunnel was found near the San Luis, Arizona point of entry.    

As you know, the Border Tunnel Prevention Act was enacted in October 2006.   The Border Tunnel Prevention Act makes it a federal crime to finance, construct or use a border tunnel.  I strongly urge you to enforce the provisions of this Act.  

The Act criminalized two types of conduct.  First, the Act makes it a crime to knowingly construct or finance the construction of a cross-border tunnel.  Second, the Act provides that any landowner who recklessly permits the construction or use of a tunnel would face up to ten years in prison.  The Act also prohibits the use of cross-border tunnels. Any person who uses a cross-border tunnel to smuggle aliens, weapons, drugs, terrorists, or illegal goods will be punished by doubling the sentence for the underlying offense if convicted. 
 
It is imperative that the Department of Homeland Security work with the Department of Justice to investigate and prosecute those who construct and use border tunnels to smuggle drugs, guns or people in and out of the United States.  Only through active enforcement of these provisions does this law become an effective deterrent to the further construction and use of border tunnels. 

I appreciate your consideration of these concerns.  I look forward to working with you to ensure that this vulnerability in our nation’s security is not overlooked. 

Sincerely yours,

Dianne Feinstein
United States Senator