Sponsors (6)
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Amends 8 U.S.C. 1325 by increasing the maximum imprisonment for a subsequent commission in subsection (a) from 2 years to 5 years, and by adding a new subsection (e) that describes an alien who enters/attempts to enter at an improper time/place, eludes inspection, or uses willful misrepresentation or concealment and thereafter is convicted of any crime punishable by more than 1 year of imprisonment.
Redesignates former subsections (c) and (d) as (d) and (e); strikes and replaces subsections (a) and (b) with new text that (1) shifts consent authority language from the Attorney General to the Secretary of Homeland Security, (2) revises and increases criminal penalties for certain reentry offenses (including raising the maximum imprisonment for aliens with 3+ qualifying misdemeanors to 15 years and adding a 10-year penalty for aliens with 3+ prior removals), (3) adds a definition clarifying that 'removal' includes agreements in which an alien stipulates to removal during (or not during) a criminal trial, and (4) adds a new subsection (c) establishing mandatory minimum criminal penalties for reentry after convictions for aggravated felonies, felonies as defined by the jurisdiction of conviction, or crimes punishable by more than 1 year; also amends the redesignated subsection (d) by replacing a cross-reference to section 242(h)(2) with section 241(a)(4) and replacing 'Attorney General' with 'Secretary of Homeland Security'.
Raises criminal penalties for unlawful entry and reentry by noncitizens and expands grounds for tougher criminal treatment after unlawful entry. It lengthens the statutory period referenced in the illegal entry statute from 2 years to 5 years and adds a new provision treating aliens who entered unlawfully (or by fraud or concealment) and later are convicted of a crime punishable by more than one year as subject to additional criminal consequences. It also increases prison terms and creates mandatory-minimum triggers for certain removed or excluded noncitizens who reenter or are found in the United States without permission, and shifts relevant enforcement references from the Attorney General to the Secretary of Homeland Security.
Introduced May 19, 2025 by Stephanie I. Bice · Last progress September 15, 2025
Received in the Senate.
Received in the Senate.
Motion to reconsider laid on the table Agreed to without objection.
On passage Passed by the Yeas and Nays: 226 - 197 (Roll no. 264). (text of amendment in the nature of a substitute: CR H4242)
Passed/agreed to in House: On passage Passed by the Yeas and Nays: 226 - 197 (Roll no. 264). (text of amendment in the nature of a substitute: CR H4242: 4)