Feinstein Seeks to Criminalize Border Tunnels

Sen. Dianne Feinstein announced legislation Tuesday that would make it a federal crime to construct a tunnel under the U.S.-Mexico border.

In recent years, numerous tunnels used for drug smuggling have been discovered along the Southwest border, but because tunnel building is not a crime, suspects usually face only drug conspiracy charges.

At a news conference in Otay Mesa near the opening of what authorities call the longest drug tunnel ever found, the California Democrat said the legislation is necessary to “throw the book at the criminals who would build these tunnels.”

“For years, smugglers have tried to go around our border checkpoints. Now they are trying to go under them,” said Feinstein, who is co-sponsoring the bill with Sen. Jon Kyl, an Arizona Republican.

Since 2001, more than 20 tunnels have been found, ranging from small “gopher hole” passages to sophisticated tunnels with ventilation and lighting systems. Last month, federal agents found the Otay Mesa tunnel, a nearly half-mile subterranean passage from a Tijuana industrial building to a warehouse.

The bill would impose punishments of up to 20 years for constructing or financing a tunnel.

Property owners who permit others to construct a tunnel on their property could face 10 years in prison.