Punishing Illegal Immigrant Felons Act of 2025
The Punishing Illegal Immigrant Felons Act of 2025 would amend the Immigration and Nationality Act to impose harsher criminal penalties on non-citizens who are illegally present in the United States and commit crimes. The bill targets two groups: (1) aliens who improperly enter the U.S. and later are convicted of a crime punishable by more than one year of imprisonment, and (2) aliens who have been previously removed and re-enter the U.S. and are convicted of crimes. For illegal entrants, the act increases the base potential penalties and adds a mandatory minimum: if such an alien commits a crime punishable by more than a year, they would face at least an additional 5 years in prison beyond the punishment for the crime itself. For those who were removed and re-entered, the act broadens and lengthens penalties, including higher maximum sentences and a not-less-than-10-year minimum in many cases, along with potential fines. The measures are designed to deter unlawful entry and re-entry and to increase punishments for crimes committed by aliens who are unlawfully present, potentially affecting federal criminal prosecutions, immigration enforcement, and related costs and resources. - Sponsor: The bill is introduced with a broad list of representatives and is currently in the introduced status.
Key Points
- 1The Act’s short title: It is called the Punishing Illegal Immigrant Felons Act of 2025.
- 2Section 2(a) – Crimes by aliens who illegally enter (8 U.S.C. 1325):
- 3- The penalty for unlawful entry (previously defined as up to 2 years) is increased to up to 5 years.
- 4- New subsection (e) adds a mandatory minimum: any alien who illegally enters and later is convicted of any crime punishable by more than one year must be imprisoned for not less than 5 years, in addition to the sentence for the crime itself.
- 5Section 2(b) – Crimes by aliens previously removed (8 U.S.C. 1326):
- 6- The maximum penalty for reentry after removal is increased from 2 years to 10 years.
- 7- For 1326(b)(1) (penalties following prior removal for certain offenses): the bill removes the clause limiting to “felony (other than an aggravated felony)” and increases the related maximum penalty from 10 years to 15 years.
- 8- For 1326(b)(2) (enhanced penalties when prior removal was followed by certain convictions): the bill provides that, if the removal followed a conviction for (A) any aggravated felony; (B) any crime defined as a felony by any jurisdiction; or (C) any crime punishable by more than one year, the alien shall be imprisoned for not less than 10 years and may face fines under 18 U.S.C.
- 9Fines: The amended 1326(b)(2) provision expressly includes the possibility of fines in addition to the prison term for these cases.
- 10Scope of penalties: The changes apply specifically to aliens unlawfully present in the United States who commit crimes, with intensified penalties for both first-time unlawful entrants who commit crimes and for those who have been removed and re-enter.