The Stop Illegal Reentry Act would strengthen penalties under the Immigration and Nationality Act for foreigners who illegally reenter the United States after being removed. The bill expands what counts as “removal” (including certain plea agreements) and creates a tiered system of criminal penalties. In general, a reentry after removal carries a maximum of up to 5 years in prison (with possible fines), but stricter penalties kick in for people with specific prior criminal histories or particular removal circumstances, including mandatory minimums of 5 to 20 years in prison in some cases. The bill also updates cross-references to reflect the role of the Secretary of Homeland Security (rather than the Attorney General) and adjusts certain definitions and designations within the statute.
Key Points
- 1Redesignation and revision of penalties under 8 U.S.C. 1326 (Section 276 of the Immigration and Nationality Act), including moving subsections and updating terms.
- 2Removal defined broadly to include agreements in which an alien stipulates removal during or outside a criminal trial.
- 3General penalty (current subsection (b) framework) for reentry after removal: up to 5 years in prison, or fines, unless DHS consent to reapply for admission or other stated exceptions apply.
- 4Enhanced penalties for certain removed aliens (subsection (c)):
- 5- Up to 10 years for individuals with certain prior criminal histories (3+ misdemeanors involving drugs or crimes against the person, or a non-aggravated felony).
- 6- Up to 10 years for aliens excluded or removed who reenter without permission (non-concurrent with other sentences).
- 7- Up to 10 years for aliens removed under specific removal authorities who reenter without permission.
- 8- Up to 10 years for aliens with 3+ prior denials/exclusions/removals who reenter.
- 9Mandatory minimum penalties (subsection (d)):
- 10- Not less than 5 years and not more than 20 years for aliens described in (b) who have an aggravated felony conviction before removal, or who have been convicted at least twice before removal of illegal reentry.
- 11- Possible fines in addition to imprisonment.
- 12Administrative and cross-reference updates (subsections (e) and (f)):
- 13- Cross-references now point to 241(a)(4) and reflect the Secretary of Homeland Security’s role.
- 14- Penalty subsections are harmonized with the updated framework for reentry penalties.