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.
Amends Section 275 of the Immigration and Nationality Act (8 U.S.C. 1325) by replacing the phrase "2 years" with "5 years" in subsection (a).
Adds a new subsection (e) to Section 275 that covers any alien who (1) either (A) enters or attempts to enter the United States at any time or place other than as designated by immigration officers, (B) eludes examination or inspection by immigration officers, or (C) attempts to enter or obtains entry by a willfully false or misleading representation or by willful concealment of a material fact, and (2) thereafter is convicted of any crime punishable by more than 1 year of imprisonment.
Redesignate former subsections (c) and (d) of Section 276 as subsections (d) and (e).
Replace existing subsections (a) and (b) of Section 276 with new text that defines the covered offense and creates new criminal penalties.
New subsection (a) defines the covered offense: any alien who has been denied admission, excluded, deported, removed, or departed while an order of exclusion, deportation, or removal is outstanding, and who thereafter enters, attempts to enter, or is at any time found in the United States, except where (A) the Secretary of Homeland Security expressly consented to reapplying for admission before reembarkation or application for admission from contiguous territory, or (B) a previously denied-admission alien shows they were not required to obtain advance consent.
Who is directly affected and how:
Noncitizens (including removed, excluded, or deported individuals) who enter unlawfully or reenter after removal are the primary group affected; they face higher statutory exposure to prosecution, longer prison terms, and in some cases mandatory-minimum sentences if they have qualifying prior convictions.
Federal prosecutors, U.S. Attorneys, and federal courts will see changes in charging options, sentencing calculations, and plea negotiations because the statute now specifies distinct sentence ranges and mandatory-minimum triggers tied to prior convictions or removal histories.
Federal immigration and enforcement agencies (notably DHS components) will be more central in references and may play an enhanced administrative role because statutory references are updated from the Attorney General to the Secretary of Homeland Security.
Detention and correctional systems may experience increased demand and longer average custody periods for persons convicted under the new penalty structure, with associated cost implications for the Bureau of Prisons and detention providers.
Defense attorneys and immigrant communities will be affected by a higher risk of longer sentences and reduced discretion to avoid prison time in cases covered by mandatory-minimum triggers; this can change plea dynamics and access-to-justice issues.
Local communities with large immigrant populations could see greater disruption when community members are subject to longer federal sentences and removal consequences.
Uncertain and broader impacts:
Overall, the bill increases criminal exposure for a defined group of noncitizens and reallocates certain statutory reference points to DHS, with likely downstream effects on prosecutions, detention, and incarceration levels.
Updated 5 hours ago
Last progress September 9, 2025 (5 months ago)
2 meetings related to this legislation
Last progress September 15, 2025 (5 months ago)
Introduced on May 19, 2025 by Stephanie I. Bice
Received in the Senate.