Sponsors (10)
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Amends the criminal illegal-reentry statute to broaden who is covered, add new definitions, and substantially increase criminal penalties for certain noncitizens who were previously removed or excluded and then reenter or are found in the United States. The amendment creates higher sentencing tiers (including mandatory minimums in some cases), raises the top prison term to up to 10 years for specified prior-conviction or removal situations, and updates cross-references and agency-directed language to reflect the new categories and penalties.
Redesignate existing subsections (c) and (d) of Section 276 (8 U.S.C. 1326) as subsections (e) and (f), respectively.
Insert a new subsection (a) defining the term “removal” to include any agreement in which an alien stipulates to removal during (or not during) a criminal trial under Federal or State law.
New subsection (b)(1): An alien is covered if the alien "has been denied admission, excluded, deported, or removed or has departed the United States while an order of exclusion, deportation, or removal is outstanding."
New subsection (b)(2): The covered alien thereafter "enters, attempts to enter, or is at any time found in, the United States."
New subsection (b)(A): Exception when, prior to reembarkation or application for admission from foreign contiguous territory, the Secretary of Homeland Security has expressly consented to the alien’s reapplying for admission.
Primary effects fall on noncitizens who were previously removed or excluded and who reenter or are found in the United States. Those with specified prior convictions or removal histories will face higher criminal exposure, including new mandatory-minimum sentences and a higher top statutory maximum (up to 10 years) plus fines. Practical consequences include: increased likelihood of federal prosecution or more severe prosecutorial charging choices; reduced judicial discretion in sentencing for offenders subject to mandatory minimums; greater demand on federal defenders and criminal defense counsel; likely increases in federal custody time and potential growth in Bureau of Prisons populations for the affected offender cohort; and increased impact on immigrant families and communities through longer separations and higher risk of incarceration. Federal law enforcement (ICE, CBP), U.S. attorneys, and immigration courts/related administrative systems will need to adjust charging and case-processing practices to account for the expanded definitions and penalty tiers. Because the amendment changes statutory elements and cross-references, it may generate litigation over applicability, interpretation of new definitions, retroactivity, and constitutionality (including challenges to mandatory minimums or due-process concerns). No direct funding, tax, or federal program authorizations are included, so costs related to incarceration and enforcement would be handled within existing appropriations unless additional appropriations are later enacted.
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Read twice and referred to the Committee on the Judiciary.
Introduced January 28, 2025 by Rafael Edward Cruz · Last progress January 28, 2025
Read twice and referred to the Committee on the Judiciary.
Introduced in Senate