Kate's Law

Summary

Increases federal criminal penalties for unlawful entry and reentry by raising maximum prison terms, adding new felony categories tied to later criminal convictions, and creating a new mandatory-minimum penalty tier for certain prior convictions. It also reorganizes the illegal-reentry statute, narrows some exceptions tied to express consent by the Department of Homeland Security, and updates references from the Attorney General to the Secretary of Homeland Security. The draft as provided contains drafting gaps: the new offense added for later felony convictions and the new mandatory-minimum category do not include specified penalty amounts in the text supplied. The bill does not appropriate funds or state an effective date in the text provided.

• Raises maximum prison term for repeat improper entry from 2 years to 5 years.
• Creates a new criminal provision for a noncitizen who illegally enters and later is convicted of a crime punishable by over one year (penalty amount not specified in text provided).
• Reorganizes the illegal-reentry statute into multiple tiers with higher maximum sentences, including a 15-year maximum for individuals with 3+ qualifying misdemeanors.
• Creates a new mandatory-minimum penalty category for people with prior aggravated-felony or other felony convictions and for those with two prior convictions under the reentry statute (mandatory-minimum amount not specified in text provided).
• Narrows some defenses/exceptions by tying them to express consent from the Secretary of Homeland Security or proof consent was not required.
• Replaces references to the Attorney General with the Secretary of Homeland Security in the reentry statute.
• Does not specify funding, an effective date, or certain penalty amounts in the provided text—creating potential implementation and litigation issues.
• Likely increases sentence exposure, impacts prosecutorial charging discretion, and could raise federal incarceration and immigration enforcement costs.