Stop Illegal Reentry Act
This bill establishes or increases criminal penalties for certain non-U.S. nationals (aliens under federal law) who illegally enter the United States and then commit a felony or illegally reenter the United States.
The bill establishes a mandatory minimum prison term of 5 years and allows a life sentence for an individual who (1) improperly enters, or attempts to improperly enter, the United States; and (2) is subsequently convicted of a felony.
The bill increases the maximum term of imprisonment from 2 years to 5 years for repeated improper entry.
The bill also increases from 2 years to 10 years the maximum term of imprisonment for an individual who had been denied entry into or removed from the United States and who later enters or attempts to enter without prior approval. The bill increases the maximum term of imprisonment from 10 to 15 years if such an individual was convicted of three or more specified types of misdemeanors before removal.
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.
The bill establishes a mandatory minimum term of imprisonment of 10 years and allows a life sentence for an individual who was convicted of a felony before removal, or convicted of illegal reentry at least two times before removal, and who subsequently enters or tries to enter the United States.
[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3486 Introduced in House (IH)]
<DOC>
119th CONGRESS
1st Session
H. R. 3486
To amend the Immigration and Nationality Act to increase penalties for
individuals who illegally enter and reenter the United States after
being removed, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
May 19, 2025
Mrs. Bice (for herself, Mr. Knott, Mr. Zinke, and Mr. Schmidt)
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 enter and 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 Entry Act''.
SEC. 2. COMMISSION OF CRIMES BY ALIENS UNLAWFULLY PRESENT IN THE UNITED
STATES.
Section 275 of the Immigration and Nationality Act (8 U.S.C. 1325)
is amended--
(1) in subsection (a), by striking ``2 years'' and
inserting ``5 years''; and
(2) by adding at the end the following:
``(e) Any alien--
``(1) who--
``(A) enters or attempts to enter the United States
at any time or place other than as designated by
immigration officers,
``(B) eludes examination or inspection by
immigration officers, or
``(C) attempts to enter or obtains entry to the
United States by a willfully false or misleading
representation or the willful concealment of a material
fact, and
``(2) thereafter is convicted of any crime punishable by
more than 1 year of imprisonment,
may be fined under title 18, United States Code, and shall be
imprisoned not less than 5 years and may be imprisoned for any term of
years or for life.''.
SEC. 3. 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,
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 establishes that the
alien was not required to obtain such advance consent
under this or any prior Act,
shall be fined under title 18, United States Code, imprisoned not more
than 10 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 shall be fined under
title 18, United States Code, imprisoned not more than
15 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 the
provisions of 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, 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--
``(A) any aggravated felony;
``(B) any crime defined as a felony by the relevant
jurisdiction (Federal, State, Tribal, or local) of
conviction; or
``(C) any crime punishable by more than 1 year of
imprisonment; or
``(2) who was convicted under this section at least 2 times
before such removal or departure,
may be fined under title 18, United States Code, and shall be
imprisoned not less than 10 years and may be imprisoned for any term of
years or for life.''; 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.
Committee Consideration and Mark-up Session Held
Ordered to be Reported in the Nature of a Substitute by the Yeas and Nays: 14 - 10.
Reported (Amended) by the Committee on Judiciary. H. Rept. 119-200.
Reported (Amended) by the Committee on Judiciary. H. Rept. 119-200.
Placed on the Union Calendar, Calendar No. 163.
Rules Committee Resolution H. Res. 682 Reported to House. Rule provides for consideration of H.R. 3838 and H.R. 3486. The resolution provides for consideration of H.R. 3838 under a structured rule and H.R. 3486 under a closed rule with one hour of general debate and one motion to recommit on each bill.
Rule H. Res. 682 passed House.
Considered under the provisions of rule H. Res. 682. (consideration: CR H4242)
Rule provides for consideration of H.R. 3838 and H.R. 3486. The resolution provides for consideration of H.R. 3838 under a structured rule and H.R. 3486 under a closed rule with one hour of general debate and one motion to recommit on each bill.
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DEBATE - The House proceeded with one hour of debate on H.R. 3486.
The previous question was ordered pursuant to the rule.
POSTPONED PROCEEDINGS - At the conclusion of debate on H.R. 3486, the Chair put the question on passage of the bill and by voice vote, announced the ayes had prevailed. Mr. Raskin demanded the yeas and nays and the Chair postponed further proceedings until a time to be announced.
Considered as unfinished business. (consideration: CR H4250)
Passed/agreed to in House: On passage Passed by the Yeas and Nays: 226 - 197 (Roll no. 264). (text of amendment in the nature of a substitute: CR H4242: 4)
Roll Call #264 (House)On passage Passed by the Yeas and Nays: 226 - 197 (Roll no. 264). (text of amendment in the nature of a substitute: CR H4242)
Roll Call #264 (House)Motion to reconsider laid on the table Agreed to without objection.
Received in the Senate.