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Increases criminal penalties for certain unlawful entries and for noncitizens who reenter the United States after denial, exclusion, deportation, or removal. It raises the maximum term for a specified unlawful-entry offense from 2 years to 5 years and creates expanded, tiered prison terms and fines for unlawful reentry based on an individual’s prior convictions or the circumstances of prior removal. The changes also broaden the definition of "removal" to include some court stipulations and replace references to the Attorney General with the Secretary of Homeland Security, while allowing a limited exception when the Secretary has consented to reapply. The law will affect noncitizens with prior removals or criminal convictions, enforcement and prosecution practice (including plea and sentencing decisions), and federal immigration and criminal courts, and will likely increase prosecutions, incarcerations, and related costs for federal agencies responsible for immigration enforcement and detention.
Amends Section 275 (8 U.S.C. 1325), subsection (a), by replacing the phrase "2 years" with "5 years" (i.e., changes the period referenced in subsection (a) from 2 years to 5 years) .
Adds a new subsection (e) to Section 275 (8 U.S.C. 1325) establishing a provision that applies when an alien (meeting the listed entry-related actions) thereafter is convicted of any crime punishable by more than 1 year of imprisonment .
Defines one qualifying action under new subsection (e)(1)(A): entering or attempting to enter the United States at any time or place other than as designated by immigration officers .
Defines one qualifying action under new subsection (e)(1)(B): eluding examination or inspection by immigration officers .
Defines one qualifying action under new subsection (e)(1)(C): attempting to enter or obtaining entry to the United States by a willfully false or misleading representation or by willful concealment of a material fact .
Primary affected groups: noncitizens who have been denied admission, excluded, deported, removed, or who departed while an order was outstanding, especially those with later criminal convictions. The legislation increases criminal exposure for people who reenter or who have certain unlawful-entry incidents followed by later felony convictions. It explicitly treats plea or stipulation-to-removal agreements entered during criminal prosecutions as "removal," so defense attorneys and prosecutors may alter plea strategy to avoid creating future enhanced immigration penalties.
Federal agencies likely to feel impact: DHS (enforcement, detention/removal operations), Department of Justice (criminal prosecutions), federal courts, and the Bureau of Prisons. The changes can increase caseloads, lengthen incarcerations, and raise operational costs (detention, prosecution, incarceration). Because no appropriations are included, those costs could strain existing agency budgets or require later funding actions.
Community and legal impacts: immigrant communities—especially people with prior convictions or criminal cases—will face higher risks of felony prosecution and longer sentences for reentry. Legal counsel may see increased demand and need to advise clients about immigration consequences of criminal pleas. Courts and immigration judges could experience altered workflows if DHS exercises or withholds consent to reapply in particular cases. Humanitarian and due-process advocates may raise concerns about tougher criminal penalties, collateral consequences, and effects on plea bargaining.
Unintended consequences and litigation risk: broader definitions of removal and expanded triggers may prompt litigation over retroactivity, due process, and the application of new sentencing ranges to past conduct or plea agreements. The interplay between criminal plea practice and immigration consequences is likely to become a focal point for defense practice and constitutional challenges.
Revises 8 U.S.C. 1326 by redesignating existing subsections (c) and (d) as (e) and (f); striking existing subsections (a) and (b) and inserting new subsections (a)–(d) that redefine the general prohibition, create specified exceptions, establish a new structure of criminal penalties (including varying penalties for multiple misdemeanors, certain exclusions/removals, and multiple prior removals), define 'removal' to include stipulated removal agreements, and add a subsection imposing mandatory minimum criminal penalties for certain prior convictions. Also amends the redesignated subsection (e) to change a cross-reference and to substitute 'Secretary of Homeland Security' for 'Attorney General.'
Modifies 8 U.S.C. 1325 by (1) striking “2 years” and inserting “5 years” in subsection (a) (increasing the maximum imprisonment for a subsequent commission), and (2) adding a new subsection (e) that describes an offense where an alien commits specified improper-entry/misrepresentation/inspection-avoidance conduct and thereafter is convicted of any crime punishable by more than 1 year of imprisonment.
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Read twice and referred to the Committee on the Judiciary.
Introduced July 30, 2025 by Rafael Edward Cruz · Last progress July 30, 2025
Read twice and referred to the Committee on the Judiciary.
Introduced in Senate