Haiti Criminal Collusion Transparency Act of 2025

Bill Number

S. 1854

Origin Chamber

Senate

Congress

119th Congress, Session 1

Policy Area

International Affairs

Status

Introduced

Latest Action

2025-10-30: Placed on Senate Legislative Calendar under General Orders. Calendar No. 233.

Last Updated

2025-11-01T03:53:14Z

AI-Generated Summary

Purpose

The Haiti Criminal Collusion Transparency Act of 2025 aims to promote transparency regarding connections between criminal gangs and influential political and economic figures in Haiti. It requires detailed reporting on these links and mandates sanctions against identified individuals or entities to address threats to Haitian stability, reduce violence fueled by illicit activities (such as firearms trafficking and human smuggling to the U.S. border), and protect U.S. national interests in the region.

Key Provisions

• Reporting Requirements (Section 2): The Secretary of State, working with other federal agencies, must submit an initial report to specified congressional committees within 180 days of enactment, followed by annual reports for five years. The report must be mostly unclassified (with a possible classified section) and include:
• A list of major Haitian criminal gangs, their leaders, activities (e.g., forced recruitment), and operating areas.
• A list of Haitian political elites (e.g., current/former officials, party leaders) and economic elites (e.g., executives influencing Haiti's economy or industries) with known direct and significant ties to gangs or gang-controlled organizations.
• Descriptions of these relationships, how elites use them to advance personal or group interests, and links to broader transnational crime networks.
• Assessments of threats to Haitians and U.S. interests, including how these ties enable human trafficking to the U.S. border and firearms smuggling from the U.S. that worsens Haitian instability.
• Recommendations for actions by the U.S. and Haitian governments to counter these issues.
• Sanctions (Section 3): Within 90 days of the first report's submission, the President must impose sanctions on identified foreign persons (non-U.S. individuals or entities) from the report's lists of gangs and elites. Sanctions include:
• Asset Blocking: Freezing and prohibiting transactions involving their property or interests in the U.S. or under U.S. control, using powers from the International Emergency Economic Powers Act (IEEPA, a law allowing the President to manage economic emergencies).
• Immigration Restrictions: Barring them from entering the U.S., denying visas or parole, and revoking existing visas immediately (which also cancels other entry documents). This applies under the Immigration and Nationality Act.
• Exceptions and Flexibility:
• Sanctions on entry do not apply if needed to meet U.S. international obligations, such as UN agreements.
• No sanctions on humanitarian activities, like providing food, medicine, or aid to Haitians, or related financial/transport transactions.
• The President can waive sanctions for any person if it is vital to U.S. national security, with 15 days' notice to Congress.
• Implementation and Enforcement: The President uses IEEPA authorities to enforce, with penalties (fines or imprisonment) for violations matching those under IEEPA.
• Definitions (Section 4): Clarifies terms like "political elite" (Haitian officials or leaders), "economic elite" (influential business figures), "foreign person" (non-U.S. individual/entity), and "U.S. person" (citizens, residents, or U.S.-based entities).
• Sunset Clause (Section 5): The law expires five years after enactment.

Significant Changes to Existing Law

This bill does not amend existing statutes directly but introduces a new, targeted sanctions regime specific to Haiti, building on broader laws like IEEPA (for economic measures) and the Immigration and Nationality Act (for visa controls). It mandates automatic sanctions based on a required report, which is a novel enforcement mechanism not previously specified for Haitian criminal-political ties. An amendment in the reported version adds assessments on firearms trafficking from the U.S. and adjusts report contents for more focus on transnational links and recommendations, expanding beyond the original bill's scope.

Potential Impacts

• Government Agencies: Increases workload for the State Department (leading reports and coordination), Department of Homeland Security (visa revocations and inadmissibility decisions), and the President (sanctions implementation). Congressional committees gain oversight through required reports and waiver notifications.
• Citizens and Residents: Haitian elites and gang members may face frozen U.S.-linked assets, travel bans, and disrupted business, potentially limiting their influence. Ordinary Haitians could benefit indirectly from reduced gang violence and instability if collusion is curbed. U.S. citizens or entities involved in humanitarian aid to Haiti are protected from sanctions interference.
• International Relations: Could strain U.S.-Haiti ties by targeting Haitian leaders, possibly complicating diplomacy or aid efforts, but may strengthen U.S. leverage to push for Haitian anti-gang reforms. It addresses cross-border issues like migration and arms flows, potentially improving regional security without broad trade disruptions.

Main Stakeholders Affected

• U.S. Government: Executive branch agencies (State, Homeland Security, Treasury for asset freezes) and congressional committees on foreign relations, banking, and financial services.
• Haitian Entities: Political elites (officials, party leaders), economic elites (business influencers), and criminal gangs, who face direct sanctions risks.
• Haitian People: Potentially positively affected through reduced gang threats, violence, and collusion-driven instability.
• Transnational Actors: Criminal organizations involved in human trafficking or arms smuggling to/from the U.S., facing heightened scrutiny.
• U.S. Interests: Businesses, aid providers, and border security operations, which may see indirect benefits from curbed illicit flows but must navigate enforcement.

Notable Legal, Constitutional, or Political Implications

• Legal: Relies on established executive powers under IEEPA for sanctions and immigration laws for entry bans, ensuring enforceability without new courts. The waiver provision allows flexibility while maintaining congressional checks. Exceptions safeguard humanitarian law compliance and avoid violating international treaties.
• Constitutional: Aligns with the President's foreign affairs authority (Article II) and Congress's power to regulate immigration and commerce (Article I), but the mandatory sanctions could test separation of powers if waivers are contested.
• Political: Bipartisan sponsorship (e.g., Senators Shaheen, Scott, Kaine) signals broad support for addressing Haitian instability amid U.S. migration concerns. The five-year sunset promotes temporary, focused intervention, but reporting requirements could fuel public or diplomatic debates on U.S. involvement in Haitian affairs. No overt bias; emphasizes transparency and security over regime change.

This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.

Sponsor

Sen. Shaheen, Jeanne [D-NH]

Cosponsors (6)

Sen. Scott, Rick [R-FL], Sen. Kaine, Tim [D-VA], Sen. Curtis, John R. [R-UT], Sen. Coons, Christopher A. [D-DE], Sen. Booker, Cory A. [D-NJ], Sen. Blumenthal, Richard [D-CT]

Recent Actions

• 2025-10-30: Placed on Senate Legislative Calendar under General Orders. Calendar No. 233.
• 2025-10-30: Committee on Foreign Relations. Reported by Senator Risch with an amendment in the nature of a substitute. Without written report.
• 2025-10-30: Committee on Foreign Relations. Reported by Senator Risch with an amendment in the nature of a substitute. Without written report.
• 2025-10-22: Committee on Foreign Relations. Ordered to be reported with an amendment in the nature of a substitute favorably.
• 2025-05-21: Read twice and referred to the Committee on Foreign Relations.
• 2025-05-21: Introduced in Senate

Bill Versions

• Haiti Criminal Collusion Transparency Act of 2025 — issued 2025-05-21 — PDF (9 pages)
• Haiti Criminal Collusion Transparency Act of 2025 — issued 2025-10-30 — PDF (20 pages)