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{{short description|United States Congress bill introduced by Ted Cruz}} |
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| fullname = To reserve any amounts forfeited to the United States Government as a result of the criminal prosecution of Joaquin Archivaldo Guzman Loera (commonly known as “El Chapo”), or of other felony convictions involving the transportation of controlled substances into the United States, for security measures along the Southern border, including the completion of a border wall. |
| fullname = To reserve any amounts forfeited to the United States Government as a result of the criminal prosecution of Joaquin Archivaldo Guzman Loera (commonly known as “El Chapo”), or of other felony convictions involving the transportation of controlled substances into the United States, for security measures along the Southern border, including the completion of a border wall. |
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| acronym = EL CHAPO Act |
| acronym = EL CHAPO Act |
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| leghisturl = https://www.congress.gov/bill/115th-congress/house-bill/2186 |
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| introduced in the = 115th |
| introduced in the = 115th |
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| introduceddate = April 27, 2017 |
| introduceddate = April 27, 2017 |
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| sponsored by = |
| sponsored by = |
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| number of co-sponsors = 11 |
| number of co-sponsors = 11 |
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| agenciesaffected = [[United States Department of Homeland Security]], [[U.S. Customs and Border Protection]], [[United States Department of Justice]] |
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| introducedbill = [https://www.congress.gov/bill/115th-congress/house-bill/2186 H.R. 2186] |
| introducedbill = [https://www.congress.gov/bill/115th-congress/house-bill/2186 H.R. 2186] |
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| introducedin = House of Representatives |
| introducedin = House of Representatives |
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| introducedby = [[ |
| introducedby = [[Mo Brooks]] ([[Republican Party (United States)|R]]-[[Alabama|AL]]) |
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| committees = House Judiciary Subcommittee on Immigration and Border Security; House Judiciary Subcommittee on Crime, Terrorism, Homeland Security, and Investigations |
| committees = House Judiciary Subcommittee on Immigration and Border Security; House Judiciary Subcommittee on Crime, Terrorism, Homeland Security, and Investigations |
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}} |
}} |
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The '''Ensuring Lawful Collection of Hidden Assets to Provide Order Act''' ([https://www.congress.gov/bill/115th-congress/house-bill/2186 H.R. 2186]), abbreviated as the '''EL CHAPO Act''', is a [[United States Congress]] bill that would reserve any amount of money seized by the U.S. Government as a result of the criminal prosecution of [[Joaquín "El Chapo" Guzmán]] and other felony convictions involving the transportation of controlled substances into the United States for security measures along the [[U.S.-Mexico border]] and the construction of a [[Border barrier|border wall]].<ref name=sencruz>{{cite web |url=https://www.cruz.senate.gov/?p=press_release&id=3107 |title=Sen. Cruz Introduces the EL CHAPO Act |author=<!--Not stated--> |date=April 25, 2017 |publisher=United States Senate}}</ref> |
The '''Ensuring Lawful Collection of Hidden Assets to Provide Order Act''' ([https://www.congress.gov/bill/115th-congress/house-bill/2186 H.R. 2186]), abbreviated as the '''EL CHAPO Act''', is a [[United States Congress]] bill that would reserve any amount of money seized by the U.S. Government as a result of the criminal prosecution of [[Joaquín "El Chapo" Guzmán]] and other felony convictions involving the transportation of controlled substances into the United States for security measures along the [[U.S.-Mexico border]] and the construction of a [[Border barrier|border wall]].<ref name=sencruz>{{cite web |url=https://www.cruz.senate.gov/?p=press_release&id=3107 |title=Sen. Cruz Introduces the EL CHAPO Act |author=<!--Not stated--> |date=April 25, 2017 |publisher=United States Senate}}</ref> |
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==Background== |
==Background== |
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| ⚫ | [[Joaquín "El Chapo" Guzmán]] is a Mexican drug lord who headed the [[Sinaloa Cartel]], a criminal organization named after the Mexican Pacific coast state of [[Sinaloa]] where it was formed. Known as "El Chapo" ("Shorty" in Spanish) for his {{convert|5|ft|6|in|cm|abbr=on}} stature, he became Mexico's top drug kingpin in 2003 after the arrest of his rival [[Osiel Cárdenas]] of the [[Gulf Cartel]], and was considered the "most powerful drug trafficker in the world" by the United States Department of the Treasury.<ref>{{cite news|title="El Chapo" es el narco más poderoso del mundo|last=Otero|first=Silvia|language=Spanish|trans-title="El Chapo" is the most powerful drug trafficker in the world|url=http://archivo.eluniversal.com.mx/nacion/192801.html|accessdate=January 11, 2012|newspaper=El Universal}}{{dead link|date=May 2024}}</ref> |
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{{See also|Joaquín "El Chapo" Guzmán}} |
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| ⚫ | He was captured on January 8, 2016, in Mexico after his third escape from prison.<ref name="nytimes">{{cite web |url=https://www.nytimes.com/2016/01/17/world/americas/mexico-el-chapo-sinaloa-sean-penn.html?_r=0 |title=How El Chapo Was Finally Captured, Again |last=Ahmed |first=Azam |date=January 16, 2016 |work=The New York Times}}</ref> He was extradited to the United States a year later on January 19, 2017, to face charges there related to his leadership of the Sinaloa Cartel.<ref>{{cite web |title=Joaquin 'El Chapo' Guzman Being Extradited to the US |url=https://abcnews.go.com/International/joaquin-el-chapo-guzman-extradited-us/story?id=44900091 |last=Jacobo |first=Julia |date=January 19, 2017 |publisher=ABC}}</ref> |
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| ⚫ | |||
| ⚫ | He was captured on January 8, 2016, in Mexico after his third escape from prison.<ref name="nytimes">{{cite web |url=https://www.nytimes.com/2016/01/17/world/americas/mexico-el-chapo-sinaloa-sean-penn.html?_r=0 |title=How El Chapo Was Finally Captured, Again |last=Ahmed |first=Azam |date=January 16, 2016 | |
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Guzmán was convicted in federal court for drug trafficking crimes in January 2019.<ref name="Paul">{{Cite web|author=Deanna Paul|url=https://www.washingtonpost.com/politics/2019/02/13/sen-ted-cruzs-solution-border-wall-impasse-make-el-chapo-pay-it/|title=Sen. Ted Cruz's solution to border wall impasse: Make El Chapo pay for it|newspaper=Washington Post|date=February 13, 2019}}</ref> |
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==Overview== |
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The bill would reserve any money seized by the government as a result of the criminal prosecution of [[Joaquín "El Chapo" Guzmán]] and other felony convictions involving the transportation of controlled substances into the United States for security measures along the [[U.S.-Mexico border]] and the construction of a [[Border barrier|border wall]], which President [[Donald Trump]] has promised to build during his presidency.<ref name=sencruz/><ref>https://www.donaldjtrump.com/policies/immigration</ref> |
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==Provisions and analysis== |
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The legislation would require any money seized by the United States from Guzmán and other "drug lords" via [[asset forfeiture]] to pay for a [[Build the Wall|border wall]] along the [[U.S.-Mexico border]].<ref name="Ferreras">Jesse Ferreras, [https://globalnews.ca/news/4955456/el-chapo-border-wall-ted-cruz/ With El Chapo convicted, Ted Cruz wants drug lord's money to pay for border wall. It won't work: experts], [[Global News]] (February 13, 2019).</ref> This would be a change from the usual practice of the U.S. government, which is to deposit the seized assets of drug smugglers into the [[U.S. Department of Justice]]'s Assets Forfeiture Fund, which is first used to "satisfying valid [[lien]]s, mortgages, and other [[innocent owner]] claims, and costs associated with accomplishing the legal forfeiture of the property" and is also used to fund enforcement training, equipment, and investigations.<ref name="Ferreras"/> |
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Experts state that the legislation would be ineffective at raising sufficient sums for construction of a border wall. Although DOJ has estimated Guzmán's wealth at $14 billion based on an estimate of [[Sinaloa Cartel]] activities, Guzmán's actual savings are far smaller (possibly $1 billion or less), much of which may be [[Money laundering|laundered]] or concealed. Experts have also expressed concerns about the potentially negative impact of diverting forfeiture assets from law enforcement activities to a border wall.<ref name="Ferreras"/> |
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==History== |
==History== |
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| ⚫ | Senator [[Ted Cruz]] (R-TX) introduced the bill in the [[United States Senate]] in 2017.<ref name="Paul"/> Companion legislation in the House was introduced in 2017 by [[Mo Brooks]] (R-AL) and co-sponsored by eleven Republican representatives: [[Kevin Brady]] ([[Texas|TX]]-[[Texas's 8th congressional district|8]]), [[Steve King]] ([[Iowa|IA]]-[[Iowa's 4th congressional district|4]]), [[Louie Gohmert]] (TX-[[Texas's 1st congressional district|1]]), [[Tom Garrett, Jr.]] ([[Virginia|VA]]-[[Virginia's 5th congressional district|5]]), [[Lamar S. Smith]] (TX-[[Texas's 21st congressional district|21]]), [[Walter B. Jones, Jr.]] ([[North Carolina|NC]]-[[North Carolina's 3rd congressional district|3]]), [[Paul Gosar]] ([[Arizona|AZ]]-[[Arizona's 4th congressional district|4]]), [[Ron DeSantis]] ([[Florida|FL]]-[[Florida's 6th congressional district|6]]), [[Joe Wilson (U.S. politician)|Joe Wilson]] ([[South Carolina|SC]]-[[South Carolina's 2nd congressional district|2]]), [[Gary Palmer (politician)|Gary Palmer]] ([[Alabama|AL]]-[[Alabama's 6th congressional district|6]]), and [[Kevin Cramer]] ([[North Dakota|ND]]-[[At-large#United States|At-large]]). Neither the House nor the Senate version of the legislation received committee or floor votes, and the legislation died at the end of the [[115th United States Congress|115th Congress]].<ref>[https://www.congress.gov/bill/115th-congress/house-bill/2186 H.R.2186 - EL CHAPO Act], 115th Congress (2017-2018).</ref><ref>[https://www.congress.gov/bill/115th-congress/senate-bill/939 S.939 - EL CHAPO Act], 115th Congress (2017-2018).</ref> |
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Senator [[Ted Cruz]] (R-TX) introduced the bill on April 25, 2017, in the [[United States Senate]].<ref name=sencruz/> It was referred to the House Committee on the Judiciary the same day. |
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Cruz reintroduced the "El Chapo Act" in January 2019, in the [[116th United States Congress|116th Congress]].<ref name="Paul"/><ref>[https://www.congress.gov/bill/116th-congress/senate-bill/25/titles S.25 - EL CHAPO Act: 116th Congress (2019-2020)].</ref> |
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On May 5, 2017, the Judiciary Committee referred it to both the Subcommittee on Immigration and Border Security and the Subcommittee on Crime, Terrorism, Homeland Security, and Investigations. |
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<ref>https://www.congress.gov/bill/115th-congress/house-bill/2186</ref> |
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Cruz reintroduced the 'El Chapo Act' February 12, 2019, the same day El Chapo was found guilty on all 10 federal counts against him.<ref>{{Cite web|url=https://americanpressproductions.com/ted-cruz-wants-to-pass-el-chapo-act-to-fund-border-wall-from-money-seized-from-drug-lord/|title=Ted Cruz wants to pass 'El Chapo Act' to fund border wall from money seized from drug lords|last=Writer|first=Staff|date=2019-02-12|website=American Press Productions|language=en-US|access-date=2019-02-13}}</ref> |
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==References== |
==References== |
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{{reflist}} |
{{reflist}} |
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[[Category:Proposed legislation of the 115th United States Congress]] |
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[[Category: |
[[Category:Proposed legislation of the 116th United States Congress]] |
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[[Category:2017 in American politics]] |
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[[Category:2017 in American law]] |
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Latest revision as of 20:14, 31 May 2024
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| Long title | To reserve any amounts forfeited to the United States Government as a result of the criminal prosecution of Joaquin Archivaldo Guzman Loera (commonly known as “El Chapo”), or of other felony convictions involving the transportation of controlled substances into the United States, for security measures along the Southern border, including the completion of a border wall. |
|---|---|
| Acronyms (colloquial) | EL CHAPO Act |
| Announced in | the 115th United States Congress |
| Number of co-sponsors | 11 |
| Codification | |
| Agencies affected | United States Department of Homeland Security, U.S. Customs and Border Protection, United States Department of Justice |
| Legislative history | |
The Ensuring Lawful Collection of Hidden Assets to Provide Order Act (H.R. 2186), abbreviated as the EL CHAPO Act, is a United States Congress bill that would reserve any amount of money seized by the U.S. Government as a result of the criminal prosecution of Joaquín "El Chapo" Guzmán and other felony convictions involving the transportation of controlled substances into the United States for security measures along the U.S.-Mexico border and the construction of a border wall.[1]
Background
[edit]Joaquín "El Chapo" Guzmán is a Mexican drug lord who headed the Sinaloa Cartel, a criminal organization named after the Mexican Pacific coast state of Sinaloa where it was formed. Known as "El Chapo" ("Shorty" in Spanish) for his 5 ft 6 in (168 cm) stature, he became Mexico's top drug kingpin in 2003 after the arrest of his rival Osiel Cárdenas of the Gulf Cartel, and was considered the "most powerful drug trafficker in the world" by the United States Department of the Treasury.[2] He was captured on January 8, 2016, in Mexico after his third escape from prison.[3] He was extradited to the United States a year later on January 19, 2017, to face charges there related to his leadership of the Sinaloa Cartel.[4]
Guzmán was convicted in federal court for drug trafficking crimes in January 2019.[5]
Provisions and analysis
[edit]The legislation would require any money seized by the United States from Guzmán and other "drug lords" via asset forfeiture to pay for a border wall along the U.S.-Mexico border.[6] This would be a change from the usual practice of the U.S. government, which is to deposit the seized assets of drug smugglers into the U.S. Department of Justice's Assets Forfeiture Fund, which is first used to "satisfying valid liens, mortgages, and other innocent owner claims, and costs associated with accomplishing the legal forfeiture of the property" and is also used to fund enforcement training, equipment, and investigations.[6]
Experts state that the legislation would be ineffective at raising sufficient sums for construction of a border wall. Although DOJ has estimated Guzmán's wealth at $14 billion based on an estimate of Sinaloa Cartel activities, Guzmán's actual savings are far smaller (possibly $1 billion or less), much of which may be laundered or concealed. Experts have also expressed concerns about the potentially negative impact of diverting forfeiture assets from law enforcement activities to a border wall.[6]
History
[edit]Senator Ted Cruz (R-TX) introduced the bill in the United States Senate in 2017.[5] Companion legislation in the House was introduced in 2017 by Mo Brooks (R-AL) and co-sponsored by eleven Republican representatives: Kevin Brady (TX-8), Steve King (IA-4), Louie Gohmert (TX-1), Tom Garrett, Jr. (VA-5), Lamar S. Smith (TX-21), Walter B. Jones, Jr. (NC-3), Paul Gosar (AZ-4), Ron DeSantis (FL-6), Joe Wilson (SC-2), Gary Palmer (AL-6), and Kevin Cramer (ND-At-large). Neither the House nor the Senate version of the legislation received committee or floor votes, and the legislation died at the end of the 115th Congress.[7][8]
Cruz reintroduced the "El Chapo Act" in January 2019, in the 116th Congress.[5][9]
References
[edit]- ^ "Sen. Cruz Introduces the EL CHAPO Act". United States Senate. April 25, 2017.
- ^ Otero, Silvia. ""El Chapo" es el narco más poderoso del mundo" ["El Chapo" is the most powerful drug trafficker in the world]. El Universal (in Spanish). Retrieved January 11, 2012.[dead link]
- ^ Ahmed, Azam (January 16, 2016). "How El Chapo Was Finally Captured, Again". The New York Times.
- ^ Jacobo, Julia (January 19, 2017). "Joaquin 'El Chapo' Guzman Being Extradited to the US". ABC.
- ^ a b c Deanna Paul (February 13, 2019). "Sen. Ted Cruz's solution to border wall impasse: Make El Chapo pay for it". Washington Post.
- ^ a b c Jesse Ferreras, With El Chapo convicted, Ted Cruz wants drug lord's money to pay for border wall. It won't work: experts, Global News (February 13, 2019).
- ^ H.R.2186 - EL CHAPO Act, 115th Congress (2017-2018).
- ^ S.939 - EL CHAPO Act, 115th Congress (2017-2018).
- ^ S.25 - EL CHAPO Act: 116th Congress (2019-2020).