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Amends 8 U.S.C. 1325 by replacing subsection (a) to increase criminal imprisonment ranges for improper entry/attempted entry, revising subsection (b) civil penalty amounts upward, and adding a new mandatory detention subsection (e) that requires detention pending completion of criminal proceedings and prohibits release during that period.
Amends 8 U.S.C. 1326 by redesignating existing subsections (c) and (d) as (d) and (e), striking subsections (a) and (b) and inserting new text (including a new defined-term subsection (a) and a revised general rule in (b)), adding a new subsection (c) that establishes enhanced criminal penalties (including mandatory minimum imprisonment terms of at least 10 years and up to 20 years) for specified categories of removed or excluded aliens who reenter, and updating cross-references and replacing references to the 'Attorney General' with 'Secretary of Homeland Security.'
Adds a new paragraph (designated as paragraph (3)) to section 214(m) of the Immigration and Nationality Act (8 U.S.C. 1184(m)) that (A) directs the Secretary of Homeland Security to identify sanctuary jurisdictions each fiscal year; (B) prohibits issuance of F- and M- visas or accord of the corresponding nonimmigrant status for institutions located in identified sanctuary jurisdictions (with a process for exceptions if the jurisdiction is later determined no longer to be a sanctuary); and (C) defines the term 'sanctuary jurisdiction' with illustrative practices.
Modifies subsection (a) paragraphs (2) and (3) punctuation and inserts a new paragraph (4) criminalizing obstruction or interference with any person described in section 1114 while engaged in official duties or Federally protected functions; adds/edits subsection (c) to state that 'interfere with' includes creating a loud noise using a device such as a whistle, megaphone, or sound amplification device.
Alters penalty provisions: in subsection (a) replaces 'not more than one year' with 'not more than 2 years' and replaces another clause with 'not less than 2 years and not more than 16 years'; in subsection (b) replaces 'not more than 20 years' with 'not less than 5 years and not more than 40 years'; adds subsection (d) requiring courts to impose the minimum terms specified under subsections (a) and (b) and prohibiting suspension, probation, or reduction below those minimum terms.
Adds a new subsection (s) to 26 U.S.C. §501 making organizations that promote, incite, or provide material support for criminal violence ineligible to be treated as organized and operated exclusively for charitable purposes for purposes of subsection (c)(3) and section 170(c)(2)(B), notwithstanding subsections (e) and (f).
Read twice and referred to the Committee on Finance.
Introduced February 5, 2026 by Eric Stephen Schmitt · Last progress February 5, 2026
Read twice and referred to the Committee on Finance.
Introduced in Senate