Sponsors (10)
The bill increases criminal penalties and shifts immigration enforcement authority to DHS to deter unlawful reentry and clarify responsibility, but does so at the cost of substantially harsher punishments, reduced due process, more criminal prosecutions, and higher taxpayer and enforcement burdens.
Immigrants with prior aggravated-felony convictions will face mandatory penalties intended to deter repeat unlawful reentry and reduce recidivism risk.
Federal enforcement wording is shifted from the Attorney General to the Secretary of Homeland Security, clarifying and aligning prosecutorial/administrative responsibility with DHS operations.
Immigrants who reenter after removal face much longer prison terms (up to 10 years) and mandatory minimums, substantially increasing incarceration of noncitizens and criminal caseloads.
Expanding criminal penalties shifts immigration matters from civil to criminal enforcement, likely increasing prosecutions, limiting use of civil relief, and intensifying law-enforcement involvement.
Tighter statutory definitions and higher burdens to prove exceptions reduce due-process protections and make it harder for some noncitizens to avoid criminal liability.
Based on analysis of 2 sections of legislative text.
Introduced January 28, 2025 by Rafael Edward Cruz · Last progress January 28, 2025
Amends the federal criminal statute that punishes noncitizens who reenter or are found in the United States after removal. It broadens the definition of “removal,” creates a baseline criminal offense for unauthorized reentry, raises maximum prison terms (up to 10 years in some cases), and creates mandatory minimum sentences for people with prior aggravated felony convictions or multiple prior illegal reentry convictions. The bill also updates statutory references to make the Secretary of Homeland Security the relevant official in several places.