HR 749119th CongressIn Committee

Stop Illegal Reentry Act

Introduced: Jan 28, 2025

Standard Summary

Comprehensive overview in 1-2 paragraphs

The Stop Illegal Reentry Act would tighten penalties under the Immigration and Nationality Act (INA) for people who reenter or attempt to reenter the United States after being removed. It would replace the current reentry offenses with updated language that sets narrower consent requirements for reapplication, expands criminal penalties for certain categories of offenders, and creates mandatory minimum sentences in specified cases. The bill broadens how “removal” is defined to include plea agreements, and shifts some authority from the Attorney General to the Secretary of Homeland Security. In short, the bill aims to deter illegal reentry by increasing fines and prison terms, especially for individuals with prior removals or criminal histories.

Key Points

1Changes to penalties for illegal reentry: General provision makes reentry after removal punishable by fines and up to 5 years in prison, unless exceptions apply; the bill reorganizes and tightens when penalties apply.
2Enhanced penalties for certain offenders: Individuals with prior criminal histories (e.g., multiple misdemeanors involving drugs or crimes against persons, or a felony), or those removed under certain sections, face higher potential penalties (up to 10 years; with some cases subject to a mandatory minimum).
3Mandatory minimums for specific cases: If an alien was convicted of an aggravated felony before removal, or has at least two prior illegal reentries, the person must be imprisoned for at least 5 years and up to 20 years (plus possible fines).
4Expanded categories and “without permission” provisions: Penalties apply to those who reenter without the Secretary of Homeland Security’s permission to reapply, and to those who have been denied admission or removed multiple times.
5Redesignation and terminology changes: Subsections are reorganized (c and d redesignated), and references shift from the Attorney General to the Secretary of Homeland Security for enforcement/consent matters; removal includes plea agreements as part of removal.

Impact Areas

Primary group/area affected: Noncitizens who have been denied admission, excluded, deported, or removed and later attempt to reenter; individuals with prior removals or multiple reentries; persons with certain criminal histories.Secondary group/area affected: Federal and state prosecutors, U.S. immigration authorities (primarily the Department of Homeland Security), and the federal prison system (due to longer potential sentences).Additional impacts: Potential increases in detention and incarceration costs, changes in immigration court docket dynamics, potential effects on asylum processing and civil immigration proceedings, and possible due process considerations related to new mandatory minimums and consent requirements.

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