Sponsors (16)
The bill tightens and clarifies criminal penalties and centralizes immigration-admission authority in DHS to deter unlawful reentry and simplify administration, but does so by increasing incarceration and costs and by concentrating executive discretion—potentially exposing individuals who relied on earlier removal procedures to much harsher penalties.
Immigrants convicted of prior serious offenses face clearer and higher criminal penalties for unlawful reentry, which may deter repeat illegal reentries and reduce recidivism.
Immigration-admission decisionmaking is consolidated by shifting consent-to-reapply authority from the Attorney General to the Secretary of Homeland Security, simplifying administrative responsibility within DHS.
The bill defines “removal” to include stipulation agreements, reducing legal ambiguity about which prior departures trigger enhanced penalties and improving prosecutorial consistency.
Noncitizens who reenter after prior removals — including those removed via stipulation agreements or plea-based/administrative departures — face much longer prison terms and mandatory minimums, substantially increasing incarceration and harshness of punishment.
Expanding criminal penalties and mandatory minimums is likely to increase prosecutions and longer sentences, raising costs for taxpayers and placing additional burdens on federal courts and prisons.
Shifting consent authority to the Secretary of Homeland Security concentrates discretion in an executive agency, reducing oversight by the Attorney General or courts and raising concerns about checks on executive power.
Based on analysis of 2 sections of legislative text.
Amends unlawful-reentry law to give DHS new authority, add penalty tiers (including for three-plus removals), and create mandatory minimums after certain prior convictions.
Revises the federal criminal law on unlawful reentry by expanding Department of Homeland Security (DHS) authority, shifting certain decision-making from the Attorney General to the Secretary of Homeland Security, creating multiple new penalty tiers (including a new penalty for persons removed three or more times), and adding mandatory minimum sentences for reentry after specified prior convictions. The changes also broaden the statutory definition of "removal" to include stipulated removal agreements and update cross-references and agency titles.
Official title: To amend the Immigration and Nationality Act to increase penalties for individuals who illegally reenter the United States after being removed, and for other purposes.
Introduced January 28, 2025 by Stephanie I. Bice · Last progress January 28, 2025