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S. 4326, Transnational Criminal Investigative Unit Stipend Act & H.R. 71 Criminal Alien
Gang Member Removal Act
Student Name
Department, Institution o Affiliation
Course Name and Number
Professor’s Name
Date
S. 4326, Transnational Criminal Investigative Unit Stipend Act & H.R. 71 Criminal Alien
Gang Member Removal Act
Transnational a Crime and its Root Causes
Applying the MAY-CAN-SHOULD Model to S. 4326 & H.R. 71
o MAY
Biblical Underpinnings of Issue
Constitutional Authority
o CAN
Political Feasibility
Financial Feasibility
Practical Feasibility
o SHOULD
Conclusion
CRIMINAL JUSTICE PAPER 1
S. 4326, Transnational Criminal Investigative Unit Stipend Act & H.R. 71 Criminal Alien
Gang Member Removal Act
Student Name
Department, Institution o Affiliation
Course Name and Number
Professor’s Name
Date
CRIMINAL JUSTICE LAWS 2
S. 4326, Transnational Criminal Investigative Unit Stipend Act & H.R. 71 Criminal Alien
Gang Member Removal Act
Transnational crimes have increased in recent days, necessitating the creation of laws and
legislation to deal with this menace. S. 4326, Transnational Criminal Investigative Unit Stipend
Act is a proposed criminal justice bill that seeks to authorize Immigrations and Customs
Enforcement (ICE) to establish and operate Transnational Criminal Investigative Units (TCIUs)
which are teams of law enforcement officials working with ICE to investigate and prosecute
persons engaging in transnational criminal activity (Congressional Budget Office, [CBO] 2022).
The bill also demands that ICE provides stipends for members of the TCIU teams. In contrast,
H.R.71-Criminal Alien Gang Member Removal Act is a bill that seeks to ensure that foreigners
associated with criminal gangs become inadmissible into the United States while deporting
individuals associated with criminal gangs who are already in the country (CONGRESS. GOV,
2022). The act establishes procedures that can help designate groups with criminal gang status.
Both bills associated themselves with criminal justice, albeit through an international focus and
aim at protecting the Homeland from the adverse actions of international criminal elements. This
essay examines the root of the problem, competing for political interests in the issues, and the
impacts of inactivity and applies the MAY-CAN-SGOULD model to explore the feasibility of
the two pieces of legislation in passing and addressing the issue.
Transnational a Crime and its Root Causes
Transnational crime is defined as offenses whose inception, perpetration, and impacts
affect more than a single country. Fundamentally these are criminal activities spanning more
than one country, their planning, direction, and control takes place in another country, occur in
one state but involves the activities of a criminal group that participates in criminal activity in
CRIMINAL JUSTICE LAWS 3
more than one state, or is committed in a state but has massive implications in another
country(Lautensach & Lautensach, 2020). Transnational crime is complex and provides
numerous challenges for nations to deal with, given the geographical dispersion of causes,
effects, and perpetrators, who may include networks of individuals spread throughout numerous
countries. Numerous factors, including immigration, suitable geostrategic positions, corruption,
poverty, and social mobility and inequality issues, cause transnational crime.
Firstly, the United States sits at a strategic location and consists of an economy and social
environment that could provide lucrative profits for transnational crime. Mainly, these entities
run racketeering schemes, smuggle drugs, and engage in human trafficking and may also be
involved in complex fraud schemes as well as robberies and violence (Leonard, Gallo, &
Véronneau, 2015). With many immigrants seeking to enter the country every year, the country is
at a heightened risk of transnational crime, given that criminal entities use immigration to enter
the country or smuggle drugs, weapons, or traffic to humans. Already, certain American states
have seen the development of branches of criminal groups from central and South America,
forming a major source of America's immigrants. However, immigration results from poor living
conditions and the desire for better life outcomes which encourages immigration to the U.S.
(Reyes, 2022).
The impact of transnational crimes is multifaceted and includes economic, social,
security, and cultural impacts. At the economic level, the US continues to lose significant
amounts of funds to transnational crimes through fraud schemes and other strategies.
Globalization has connected political and economic systems, which has resulted in the
transference of crime from various parts of the world to the US. However, not all criminals have
to set foot in the country (Lautensach & Sabina Lautensach, 2020). For example, individuals and
CRIMINAL JUSTICE LAWS 4
criminal organizations have established systems and strategies that allow them to infringe on
online financial systems in the country, robbing millions of Americans of significant amounts of
funds. For example, the FBI recently led in the apprehension and prosecution of Nigeria’s
Hushpuppy, who was found guilty of using computers to defraud several American citizens of
social benefits, a scheme that allowed him to obtain at least 800 million dollars during the years
he was active(Associated Press, 2022). Still, transnational crime raises the cost of combating
crime, given that nations must engage in cross-border operations.
However, the dispersed nature of criminal networks in transnational crimes makes it a
costly endeavor that countries must pay for if they aim to protect their communities. On the other
hand, transnational crime often results in adverse sociocultural outcomes, including increased
crime in the region members enter and the establishment of gangs and transnational criminal
organizations. The gang culture from Latin America is responsible for a significant portion of
global crimes. For example, rising crimes in California are associated with gangs based in Latin
America (Reyes, 2022). At the same time, these gangs are importing their culture into new areas,
resulting in gang formation in some American states, which results in heightened criminal
activity while creating a criminal culture foundation that becomes difficult to address as time
progresses. The heightened crime creates insecurity and increases the rates of homicides, theft,
and street violence, all of which adversely affect communities. Therefore, failure to address this
issue exposes Americans to adverse social and health outcomes and may reshape communities
while increasing poverty levels. Therefore, failure to address this issue exposes Americans to
adverse social and health outcomes and may reshape communities while increasing poverty
levels.
Applying the MAY-CAN-SHOULD Model to S. 4326 & H.R. 71
CRIMINAL JUSTICE LAWS 5
MAY
Biblical Underpinnings of Issue
The Bible and Christian religious teaching place numerous obligations on the
government. Concerning imported criminal activity, the state's most essential role is the
protection of its citizens from the sinful behaviors of its neighbors (Bandow, 2010). The Bible
notes that the role of the government is to preserve order which implies the people's ability to
lead peaceful and quiet lives. In Romans 13:3, 4, Paul writes, “The one in authority is God’s
servant, an agent of wrath to bring punishment on the wrongdoer” (English Standard Version
Bible, 2001). This means that the government must, at all costs, identify areas that may be of risk
to their populations and introduce systems for mitigation. Similarly, Jeremiah 12:12 reads,
"administer justice every morning; rescue from the hand of his oppressor the one who has been
robbed”. This means that the government should also administer justice which is geared towards
the protection of its constituents.
The theme of government as the provider of justice is also pervasive throughout the bible,
with King David’s observation in Psalms 11:11 holding that “The Lord is righteous, he loves
justice” (English Standard Version Bible, 2001). This means that the government must always
strive to afford justice to all individuals, which bills such as S. 4362 and H.R.71 strive to achieve.
Both S. 4326 & H.R. 71 are well grounded in these biblical underpinnings as they aim to improve
the country’s ability to scuttle organized crime units worldwide while offering justice to
perpetrators and victims. The former seeks to do so by improving the power of ICE, while the
latter aims to arrest and deport individuals related to gangs from the United States.
At the same living, secure life is in is an inalienable right. Individuals have rights that
allow them to pursue basic life necessities and are also allowed to enjoy and protect their lives
CRIMINAL JUSTICE LAWS 6
and liberties regarding the acquisition, possession, and protection of property and of maintaining
their safety, happiness, and health in lawful ways (Bandow, 2010). As such, foreign gangs and
entities operating within the borders of the U.S. can be said to be infringing on this right. Thus
the government must protect its people from threats emerging from within and outside the
country’s borders. Still, this issue has an important role in federalism, given that most threats and
elements of transnational crime tend to come through landed ports of entry. This means that
states that border other countries are interested in the issue as it shapes their integration with
constituents and the federal government.
The United States continues to grapple with federal-state immigration issues, often cited
as one of the main issues in immigration that has made initiating and implementing adequate
immigration policies a challenge (Tessier, 1995). Mainly, while these borders protect the entry
country, Border States must have a say in the issue. However, it is important to note that Border
States also bear a significant part of the impacts of immigration and, thus, are more likely to be
impacted by issues associated with transnational crime. The constitution establishes and provides
a framework that should be used to engage states regarding their involvement in securing their
citizens. While such issues of federalism exist, the government is however tasked with
protecting all states and individuals in a manner that serves their needs while improving the
overall welfare of the general American public. In as much as the Border States pose the main
source of entry for criminal activity into the country due to immigration, all American states are
likely to be impacted as such activity and elements travel inward.
Constitutional Authority
The constitution confers power to the federal government to get involved in this issue at
two levels. Firstly, the Constitution gives power to the federal government to protect the union
CRIMINAL JUSTICE LAWS 7
from destructive forces that may seek to disturb the peace and well-being of Americans. This
means that the government can initiate numerous strategies to combat the threat to minimize its
impact on the American people upon identification of a threat. These include express presidential
powers as afforded by various constitutional clauses and congressional authority, which works
by setting laws and policies to govern the federal government’s intervention in mitigating threats
(U.S. Department of Justice, 2006).
Regarding express presidential power, such as those that allow for executive orders, the
president working on the belief that an issue cannot wait for political bureaucrats to be addressed
can offer decrees which push governmental agencies towards acting towards a threat. For
instance, Donald Trump initiated a series of executive orders that saw more law enforcement be
focused on the US-Mexico border in a bid to curtail runaway immigration which has already
been seen as one of the key reasons for transnational crimes that adversely affect the American
people (Friedman & Venkataramani, 2021). However, most of the time, executive orders are
often mired in controversies, especially where states are involved, since these do not allow for
the input of this entity that should be treated with some level of sovereignty.
The constitution thus allows the federal government to enact policies through
Congressional authority. This involves the legislature establishing laws following the
consultation with numerous stakeholders, including the states, the public, and various
organizations tasked with implementing and enforcing policies. As such, the bills are within the
constitutional authority that gives congress powers to create laws that are aimed at improving the
general welfare of the entire country. Still, since the proposed security policies interact with the
state's well-being, the Spending clause can be said to be an effective area for engagement
CRIMINAL JUSTICE LAWS 8
(Engdahlt, 2007). The clause allows the federal government to impose taxes, duties and other
means of fundraising to help improve the welfare of individuals across the nation (Burt, 2021).
On the one hand, this underpins the congressional authority in setting laws and policies to
improve various aspects of the American people, such as security and criminal justice. It also
allows them to engage foreign players and partners by setting out the strategies through which
such engagement should occur. To this end, both. 4362 and H.R.71 can be argued to be within
these limits, given that they both aim at securing Americans by encouraging partnerships with
foreign entities while reinforcing their deportation powers for foreigners engaging in criminal
and gang activity within the country. Still, the spending clause sets frameworks for the federal
government to incentivize states into accepting certain policy directions concerning the goals of
federal policy. Mainly, not all strategies set at the Congressional level align with states' desires
and political aspirations, which often sets states at a crossroads with federal policy. However,
since. 4362 and H.R.71 aim at securing borders and the Homeland; they should not face
significant challenges at the state level. Also, while states have power in immigration laws, most
of the power lies with the federal government.
CAN
Political Feasibility
Firstly, both policies have been initiated by Republican Congressmen (CBO, 2022).
While they have a moderate chance of passing, they face an uphill task in convincing Democrats
who currently lead both houses and the executive. At the center of these criminal justice policies
lies immigration which has become a highly politicized issue in the U.S. Mainly, political parties
espouse different ideologies regarding how immigration should be enacted, with Republicans
taking a conservative approach that places excessive limitations towards immigrants seeking to
CRIMINAL JUSTICE LAWS 9
enter the country. On the other hand, Democrats embrace a liberal ideology. While they do not
wish the country to have open borders, they are likely to have relaxed immigration strategies to
offer immigrants asylum while allowing refugees and other vulnerable migrant communities to
enter and thrive in the country (Bernhard & O’Neill, 2021). S.4362 and H.R.71 are criminal
justice policies that are likely to raise the topic of immigration given that the former seeks to
empower ICE with regards to collaborating with foreign entities to curtail transnational crime
focused on Americans, while the latter wants to encourage the detention and deportation of
foreigners who are caught up in gang activity.
In both cases, key immigration issues arise, most of which have been a source of
backlash between the Democrat and Republican factions. For example, with the added power
that Trump's executive orders imposed on ICE, serious issues such as unnecessary detention of
immigrants who were also kept in inhumane living conditions emerged (Jones-Correa & de
Graauw, 2013). Still, democratic ideology has been seen to lean towards reduced police powers.
It has been responsible for movements such as defunding the police, although this is mostly used
by Democrat-leaning social justice movements and not the party itself. This means that the idea
that ICE can be given more power to help them control transnational crime will mostly be met
with a backlash. Similarly, H.R. 71 will encourage the detention of identified gang members and
is thus likely to witness similar challenges as those discussed for S.4362.
Financial Feasibility
The CBO (2022) argues that enacting S.4326 will not impact direct spending or revenues.
However, the CBO has not yet estimated the discretionary costs that will be associated with
implementing the bill. However, with the nature of S.4326, there is a possibility it will raise
spending as it requires ICE to form and operate TCIU. Since the bill authorizes ICE to pay
CRIMINAL JUSTICE LAWS 10
stipends, there is a possibility of the ICEs budget being higher than it currently is, given that
members of TCIU, who will mostly be foreigners, will require stipends to ensure that they
perform their duties as required. While the bill will also help the countries from which TCIUs
will be enacted, it remains the role of the U.S to ensure that they are operationalized and funded
as the main and original interests come from America's desire to bring criminals to justice
regardless of the location in which they may exist.
Similarly, H.R. 71 will require the restricting and reshaping of financial obligations
towards internal law and criminal justice entities. For example, unlike S. 4326, which seeks to
work with foreigners to curtail transnational crime, H.R. 71 looks from the inside out. Mainly,
the law will allow various law enforcement agencies the power to apprehend, detain, and deport
individuals associated with gang activity in the country, with this process being bound to raise
public administration costs while demanding more personnel. Both bills will therefore raise the
costs of enforcing criminal justice in the country. However, they will help reduce the economic,
social and cultural damage that foreign criminal elements place on the country and its
communities.
Practical Feasibility
While restructuring how criminal justice enforcing entities operate will occur, such an
outcome will be minimal given that agencies already exist in the domains that the policies seek
to act. For instance, ICE will implement and enforce S.4326 and will also be needed to pay
stipends to TCIU. This means that the bill will only require reorganizing the entity and how it
carries out its mandate. However, they will have to provide resources to TCIUs, although this
will also be minimal. In contrast, H.R 71 will require more tools and resources to manage
internal enforcement (Ashcroft, Daniels, & Hart, 2002). While numerous regional gang task
CRIMINAL JUSTICE LAWS 11
forces exist, such as the Northern Virginia Regional Gang Task Force, they are often funded by
small Congressional appropriations and continue to demand significant multi-jurisdictional
partnerships of several local police forces to address gang activity in the region (Weisel &
Shelley, 2004).
However, for them to be more effective in addressing gang-related activity as it pertains
to H.R. 71, they will need to be resourced and given improved tools, given the challenging
environment they seek to operate in, which differs from regular internal policing approaches.
Therefore, while S.4326 will not require significant resources, with ICE leveraging the resources
of their partners to achieve effective collaboration, H.R 71, on the other hand, will demand
retooling and resourcing of regional task forces to meet the challenge posed by dealing with
individuals who operate international gangs.
SHOULD
S. 4326 and H.R 71 are policies that reinforce the criminal justice environment around
transnational crime. The former seeks to empower ICE by giving them the power to manage
TCIUs, while the latter seeks to identify, apprehend and deport foreigners engaging in gang
activity within the country. Both bills align with biblical underpinnings, which demand that the
government provide adequate protection for the well-being of its people and safeguard them
from threats that come from neighbours. The constitution also allows the government, through
Congressional activity and the spending clause, to set laws and raise revenue to address key
issues affecting vulnerable populations. Both bills have, however, been sponsored by
republicans, which makes them less likely to pass, given their intertwinement with immigration
policy. However, given the adverse impacts of transnational crime on local communities, it is
CRIMINAL JUSTICE LAWS 12
important that the government implement the policies after addressing issues that may encourage
adverse outcomes for groups such as immigrants.
References
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Research. Retrieved December 9, 2022, from Ojp.gov website:
https://www.ojp.gov/pdffiles1/nij/190351.pdf
CRIMINAL JUSTICE LAWS 13
Associated Press. (2022, November 8). Influencer ‘Ray Hushpuppi’ jailed over plan to launder
$300m. The Guardian. Retrieved from
https://www.theguardian.com/law/2022/nov/08/influencer-ray-hushpuppi-jailed-money-
laundering-ramon-abbas-fbi
Bandow, D. (2010, July 20). Biblical foundations of limited government. Retrieved December 9,
2022, from Acton Institute website: https://www.acton.org/pub/religion-liberty/volume-7-
number-1/biblical-foundations-limited-government
Bernhard, M., & O’Neill, D. (2021). The politics of immigration. Perspectives on Politics, 19(2),
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Burt, H. (2021). Federal covid-19 vaccine mandate: A constitutional issue or proper exercise of
emergency powers? University of Miami Law Review, 77(1).
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proper-exercise-emergency-powers/
Congressional Budget Office. (2022, November 9). S. 4326, transnational criminal investigative
unit stipend act. Retrieved December 9, 2022, from Congressional Budget Office
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CONGRESS. GOV. (2022). H.R.71 - Criminal Alien Gang Member Removal Act. Retrieved
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h%20criminal%20gang%20status.
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CRIMINAL JUSTICE LAWS 14
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& article=1665&context=faculty
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CRIMINAL JUSTICE LAWS 15
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