119-s271

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 271 Introduced in Senate

    (IS) ]

<DOC>

119th CONGRESS
 1st Session
 S. 271

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.

_______________________________________________________________________

 IN THE SENATE OF THE UNITED STATES

 January 28, 2025

 Mr. Cruz (for himself, Mr. Scott of Florida, Mr. Grassley, Mr. 
 Lankford, Mr. Budd, Mr. Justice, Mr. Ricketts, and Mr. Cornyn) 
introduced the following bill; which was read twice and referred to the 
 Committee on the Judiciary

_______________________________________________________________________

 A BILL

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.

 Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

 This Act may be cited as the ``Stop Illegal Reentry Act''.

SEC. 2. INCREASED PENALTIES FOR REENTRY OF REMOVED ALIEN.

 

Section 276 of the Immigration and Nationality Act (8 U.S.C. 1326) 
is amended--

    (1) by redesignating subsections
            (c) and
            (d) as subsections

    (e) and

    (f) , respectively;

    (2) by striking subsections

    (a) and

    (b) and inserting the 
 following:
 ``

    (a) Defined Term.--In this section, the term `removal' includes 
any agreement in which an alien stipulates to removal during (or not 
during) a criminal trial under either Federal or State law.
 ``

    (b) In General.--Subject to subsections
            (c) and
            (d) , any alien 
who--
 ``

    (1) has been denied admission, excluded, deported, or 
 removed or has departed the United States while an order of 
 exclusion, deportation, or removal is outstanding; and
 ``

    (2) thereafter enters, attempts to enter, or is at any 
 time found in, the United States, unless--
 ``
        (A) prior to the alien's reembarkation at a place 
 outside the United States or the alien's application 
 for admission from foreign contiguous territory, the 
 Secretary of Homeland Security has expressly consented 
 to such alien's reapplying for admission; or
 ``
        (B) with respect to an alien previously denied 
 admission and removed, such alien shall establish that 
 the alien was not required to obtain such advance 
 consent under this Act or any prior Act,
 shall be fined under title 18, United States Code, imprisoned 
 not more than 5 years, or both.
 ``
            (c) Criminal Penalties for Reentry of Certain Removed Aliens.--
 ``

    (1) In general.--Notwithstanding the penalty under 
 subsection

    (b) , and except as provided in subsection
            (d) , an 
 alien described in subsection

    (b) --
 ``
        (A) who was convicted before such removal or 
 departure of 3 or more misdemeanors involving drugs, 
 crimes against the person, or both, or a felony (other 
 than an aggravated felony), shall be fined under title 
 18, United States Code, imprisoned not more than 10 
 years, or both;
 ``
        (B) who has been excluded from the United States 
 pursuant to 

section 235
            (c) because the alien was 
 inadmissible under 

section 212

    (a)

    (3)
        (B) or who has been 
 removed from the United States pursuant to title V, and 
 who thereafter, without the permission of the Secretary 
 of Homeland Security, enters the United States, or 
 attempts to do so, shall be fined under title 18, 
 United States Code, and imprisoned for a period of 10 
 years, which sentence shall not run concurrently with 
 any other sentence;
 ``
            (C) who was removed from the United States 
 pursuant to 

section 241

    (a)

    (4)
        (B) who thereafter, 
 without the permission of the Secretary of Homeland 
 Security, enters, attempts to enter, or is at any time 
 found in, the United States, shall be fined under title 
 18, United States Code, imprisoned for not more than 10 
 years, or both; and
 ``
            (D) who has been denied admission, excluded, 
 deported, or removed 3 or more times and thereafter 
 enters, attempts to enter, crosses the border to, 
 attempts to cross the border to, or is at any time 
 found in the United States, shall be fined under title 
 18, United States Code, imprisoned not more than 10 
 years, or both.
 ``
            (d) Mandatory Minimum Criminal Penalty for Reentry of Certain 
Removed Aliens.--Notwithstanding the penalties provided in subsections

    (b) and
            (c) , an alien described in subsection

    (b) --
 ``

    (1) who was convicted before such removal or departure of 
 an aggravated felony; or
 ``

    (2) who was convicted at least twice before such removal 
 or departure of illegal reentry under this section,
shall be imprisoned not less than 5 years and not more than 20 years, 
and may, in addition, be fined under title 18, United States Code.'';

    (3) in subsection

    (e) , as redesignated--
        (A) by striking ``

section 242

    (h)

    (2) '' and inserting 
 ``

section 241

    (a)

    (4) ''; and
        (B) by striking ``Attorney General'' and inserting 
 ``Secretary of Homeland Security''; and

    (4) in subsection

    (f) , as redesignated, in the matter 
 preceding paragraph

    (1) , by striking ``subsection

    (a)

    (1) or 
 subsection

    (b) '' and inserting ``subsection

    (b)

    (1) or
            (c) ''.
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