A Two Step Approach that Begins to Solve the Current Immigration Crisis

o what can the President do if Republican control of Congress is insufficient to bring about real immigration reform? Fortunately, he has an arrow in his quiver that could force Mexico to begin enforcing its own immigration laws instead of helping illegal migrants break ours.

He could begin by ordering the Money Laundering and Asset Recovery Section of the Department of Justice to vigorously enforce existing money laundering laws by prosecuting both illegal aliens who attempt to remit funds to Mexico and the banks and individual bankers who process these financial remittances. 

U.S. Code Title 18, Part 1, Chapter 95, Section 1956 states:

Whoever, knowing that the property involved in a financial transaction represents the proceeds of some form of unlawful activity, conducts or attempts to conduct such a financial transaction… shall be sentenced to a fine of not more than $500,000 or twice the value of the property involved in the transaction, whichever is greater, or imprisonment for not more than twenty years, or both.

Whoever transports, transmits, or transfers, or attempts to transport, transmit, or transfer a monetary instrument or funds from a place in the United States to or through a place outside the United States...shall be sentenced to a fine of not more than $500,000 or twice the value of the monetary instrument or funds involved in the transportation, transmission, or transfer, whichever is greater, or imprisonment for not more than twenty years, or both.

Any financial institution or any officer, director, or employee of any financial institution...found guilty of an offense under this section…shall be subject to the same penalties as those prescribed for the offense.

Remittances to Mexico

Any monies earned by a person living in the United States illegally are the result of an unlawful activity because that person cannot legally hold a job and earn money in the U.S. An illegal alien who transfers monies earned in the United States to a foreign country is guilty of money laundering since the monies were the result of an unlawful activity. A bank and the bank employees that facilitate such a transfer also are guilty of money laundering. Strict enforcement of the money laundering statute would serve several purposes.

First it would cut off the flow of remittances to Mexico. These remittances represent a substantial portion of Mexico’s GDP. As long as the remittances keep flowing into Mexico, the Mexican Government is rewarded for supporting illegal immigration into the United States. But if the U.S. made it clear that the remittances were going to be stopped, and those assets forfeited as required by law to the U.S. Treasury, then Mexico might see the light and agree to seal its borders and begin enforcing its own quite strict immigration laws.

Second, it would create an incentive for illegal aliens living in the U.S. to return to their home country. There is no point in coming here to earn money if you cannot send it home to your family.