Stop Illegal Reentry Act or Kate's Law
This bill increases criminal penalties for certain non-U.S. nationals (aliens under federal law) who illegally reenter the United States after removal or exclusion.
Generally, an individual who had been denied entry into or removed from the United States and who later enters or attempts to enter the United States without prior approval from the Department of Homeland Security shall be fined, imprisoned for up to five years, or both. Current law requires a fine, imprisonment for up to two years, or both, for such an individual.
An individual who had been denied entry or removed three or more times and who later enters or attempts to enter the United States shall be fined, imprisoned for up to 10 years, or both.
An individual who was convicted of an aggravated felony or convicted at least two times before removal or departure and who subsequently enters or tries to enter the United States shall be imprisoned at least five years and for up to twenty years, and may also be fined. Currently, there is no minimum term of imprisonment for an individual who reenters after a conviction for an aggravated felony, and there are no criminal penalties for a reentering individual who had been convicted at least two times (other than the penalties for illegal reentry generally).
[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4238 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 4238
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 HOUSE OF REPRESENTATIVES
June 21, 2023
Mrs. Bice (for herself, Mr. Dunn of Florida, Mr. Duncan, Mr. Posey, Mr.
Hern, Mr. LaMalfa, Mr. Lamborn, Mr. Cole, Ms. Greene of Georgia, Mr.
Grothman, Mrs. Miller of Illinois, Mr. Zinke, Mr. Steube, Mr. Crenshaw,
Mr. Kustoff, Mr. Babin, and Mr. Crawford) introduced the following
bill; which was 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 TITLES.
This Act may be cited as the ``Stop Illegal Reentry Act'' or as
``Kate's Law''.
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
(d) and (e), respectively;
(2) by striking subsections (a) and (b) and inserting the
following:
``(a) In General.--Subject to subsections (b) and (c), 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.
``(b) Criminal Penalties for Reentry of Certain Removed Aliens.--
``(1) In general.--Notwithstanding the penalty under
subsection (a), and except as provided in subsection (c), an
alien described in subsection (a)--
``(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.
``(2) Removal defined.--In this subsection and in
subsection (c), 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.
``(c) Mandatory Minimum Criminal Penalty for Reentry of Certain
Removed Aliens.--Notwithstanding the penalties provided in subsections
(a) and (b), an alien described in subsection (a)--
``(1) who was convicted before such removal or departure of
an aggravated felony; or
``(2) who was convicted at least two times before such
removal or departure of illegal reentry under this section,
shall be imprisoned not less than five years and not more than 20
years, and may, in addition, be fined under title 18, United States
Code.''; and
(3) in subsection (d), as redesignated by paragraph (1)--
(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''.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on the Judiciary.
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