§ 555

Border tunnels and passages

Up to 40 years+ Immigration & Citizenship None sentenced (FY2025) Ch. 27 · Customs

Official text prohibited actmental stateif conditionpenaltylegal term

(a) Any person who knowingly constructs or finances the construction of a tunnel or subterranean passage that crosses the international border between the United States and another country, other than a lawfully authorized tunnel or passage known to the Secretary of Homeland Security and subject to inspection by Immigration and Customs Enforcement, shall be and imprisoned for not more than 20 years.

(b) Any person who knows or disregards the construction or use of a tunnel or passage described in subsection (a) on land that the person owns or controls shall be and imprisoned for not more than 10 years.

(c) Any person who uses a tunnel or passage described in subsection (a) to unlawfully smuggle an alien, goods (in violation of section 545), controlled substances, weapons of mass destruction (including biological weapons), or a member of a terrorist organization (as defined in section 2339B(g)(6)) shall be subject to a maximum term of imprisonment that is twice the maximum term of imprisonment that would have otherwise been applicable had the unlawful activity not made use of such a tunnel or passage.

(d) Any person who or to commit any offense under subsection (a) or subsection (c) of this section shall be subject to the same penalties as those prescribed for the offense, the commission of which was the object of the attempt or .

History: (Added Pub. L. 109–295, title V, §551(a), Oct. 4, 2006, 120 Stat. 1389, §554; renumbered §555, Pub. L. 110–161, div. E, title V, §553(a)(1), Dec. 26, 2007, 121 Stat. 2082; amended Pub. L. 112–127, §3, June 5, 2012, 126 Stat. 371.)

3 crimes in this section

(a) Constructs or finances the construction of a tunnel or subterranean passage that crosses the international border between the United States and another country
Ways to commit
- constructs · finances the construction of
Mental state
- Knowingly
Exceptions
- A lawfully authorized tunnel or passage known to the Secretary of Homeland Security and subject to inspection by Immigration and Customs Enforcement
Penalty
- A fine and up to 20 years in prison
Also covers
- + attempt+ conspiracy
(b) Knows or recklessly disregards the construction or use of a tunnel or passage described in subsection (a) on land that the person owns or controls
Ways to commit
- knows · recklessly disregards
Mental state
- Knows of the construction or use
- Recklessly disregards the construction or use
Conditions
- The tunnel or passage is on land that the person owns or controls
Penalty
- A fine and up to 10 years in prison
(c) Uses a tunnel or passage described in subsection (a) to unlawfully smuggle an alien, goods (in violation of section 545), controlled substances, weapons of mass destruction (including biological weapons), or a member of a terrorist organization
Ways to commit
- an alien · goods (in violation of section 545) · controlled substances · weapons of mass destruction (including biological weapons) · a member of a terrorist organization
Penalty
- A maximum prison term twice the maximum term that would otherwise have been applicable had the unlawful activity not made use of such a tunnel or passage
Also covers
- + attempt+ conspiracy

Applies to all 3 crimes above

Federal basis

The tunnel or passage crosses the international border between the United States and another country

Key terms

"terrorist organization": as defined in section 2339B(g)(6) (an organization designated as a terrorist organization under section 219 of the Immigration and Nationality Act)

Simplified explanation

It is a federal crime to knowingly build or pay for an unauthorized tunnel under the U.S. border. It is also a crime for a landowner to know of or recklessly ignore such a tunnel on their land, and using a tunnel to smuggle people, goods, drugs, or weapons doubles the maximum prison term.

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