Stop Illegal Entry Act of 2025
The Stop Illegal Entry Act of 2025 would tighten penalties under the Immigration and Nationality Act for people who enter or reenter the United States illegally and for those who have been removed and then try to come back. It raises the base punishment for illegal entry (8 U.S.C. 1325) from 2 years to 5 years and adds a new enhanced penalty provision that applies if the entrant engages in certain prohibited entry behaviors and is later convicted of a crime punishable by more than a year in prison. For those who reenter after removal (8 U.S.C. 1326), the bill reorganizes and strengthens penalties, creating stricter limits in some cases (a maximum of 10 years, with specific enhanced penalties up to 15 years for certain categories) and introducing a mandatory minimums for people with prior serious offenses. The bill also updates some enforcement language to refer to the Secretary of Homeland Security rather than the Attorney General. In short, the act seeks to deter illegal entry and illegal reentry through harsher penalties and more explicit mandatory minimums, while updating certain statutory references and procedures.
Key Points
- 1Increases penalties for illegal entry (8 U.S.C. 1325):
- 2- Base change: maximum penalties rise from 2 years to 5 years.
- 3- New subsection (e): if an alien enters at a non-designated place, eludes inspection, or uses false/misleading representations or conceals a material fact, and is later convicted of a crime punishable by more than 1 year, the person may be fined and imprisoned not less than 5 years, with the possibility of longer terms or life imprisonment.
- 4Revisions to reentry after removal (8 U.S.C. 1326):
- 5- Reorganization: subsections (a) and (b) are replaced; enforcement references shift to the Secretary of Homeland Security (from the Attorney General).
- 6- General rule (new 1326(a)): an alien who was denied admission or removed and then enters or is found in the United States, without DHS consent to reapply, faces fines and imprisonment up to 10 years (and can be prosecuted for more or less depending on exceptions).
- 7- Enhanced penalties (new 1326(b)):
- 8- (A) If the alien had three or more misdemeanors involving drugs or crimes against persons before removal, imprisonment can be up to 15 years.
- 9- (B) Aliens excluded or removed under specific sections who reenter without permission face a 10-year sentence (non-concurrent with other sentences).
- 10- (C) Aliens removed under a separate provision who reenter/are found in the U.S. face up to 10 years (non-concurrent).
- 11- (D) Aliens denied admission/excluded/removed three or more times who reenter face up to 10 years (non-concurrent).
- 12- Mandatory minimum (new 1326(c)): an alien described in (a) who was convicted before removal of an aggravated felony, any felony, or any crime punishable by more than 1 year may be fined and imprisoned for not less than 10 years (potentially life).
- 13- Clarifications (new 1326(d), redesignated): removal includes settlements where an alien stipulates to removal in court; references updated (241(a)(4) and DHS instead of Attorney General).
- 14Administrative/terminology adjustments:
- 15- Removal references and cross-references updated to reflect current DHS terminology and sections (e.g., 241(a)(4), DHS instead of Attorney General).
- 16- Minor definitional tweaks (e.g., what counts as “removal” and when consent to reapply is required).
- 17Legislative status noted in the text:
- 18- The bill is introduced in the 119th Congress, with the House passage recorded on September 11, 2025 (EH status shown). No Senate action is noted in the provided text.