[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 128 Introduced in House (IH)]
111th CONGRESS
1st Session
H. R. 128
To amend the Immigration and Nationality Act to strengthen the criminal
consequences for certain violations, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
January 6, 2009
Mr. Gallegly introduced the following bill; which was referred to the
Committee on the Judiciary
_______________________________________________________________________
A BILL
To amend the Immigration and Nationality Act to strengthen the criminal
consequences for certain violations, 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 ``Respect for the Law Act of 2009''.
SEC. 2. CRIMINAL CONSEQUENCES WITH RESPECT TO VOLUNTARY DEPARTURE.
Subsection (d) of section 240B of the Immigration and Nationality
Act (8 U.S.C. 1229c(d)) is amended--
(1) in the heading, by striking ``Civil'';
(2) in paragraph (1), by amending subparagraph (A) to read
as follows:
``(A) shall be imprisoned not less than 1 and not
more than 4 years and fined under title 18, United
States Code; and'';
(3) by redesignating paragraph (3) as paragraph (4); and
(4) by inserting after paragraph (2) the following:
``(3) Reentry of departed aliens.--An alien who is
permitted to depart voluntarily under this section and
thereafter enters, attempts to enter, or is present in the
United States in violation of law shall be imprisoned not less
than 1 and not more than 2 years and fined under title 18,
United States Code.''.
SEC. 3. CRIMINAL CONSEQUENCES WITH RESPECT TO FAILURE OF A DEPORTABLE
ALIEN TO DEPART OR APPEAR.
Subsection (a) of section 243 of the Immigration and Nationality
Act (8 U.S.C. 1253(a)) is amended--
(1) in the heading, by inserting ``for Failure to Appear
and'' before ``for Failure to Depart''; and
(2) in paragraph (1)--
(A) in subparagraph (C), by striking ``or'' at the
end;
(B) in subparagraph (D), by adding ``or'' at the
end;
(C) by inserting after subparagraph (D) the
following:
``(E) was ordered removed in absentia under section
240(b)(5)(A) (unless such order was rescinded or
otherwise invalidated),''; and
(D) by striking the matter following subparagraph
(E) (as added by subparagraph (C)) and inserting the
following:
``shall be imprisoned not less than 1 and not more than 4 years
(or imprisoned 10 years if the alien is a member of any of the
classes described in paragraph (1)(E), (2), (3), or (4) of
section 237(a)) and fined under title 18, United States
Code.''.
SEC. 4. CRIMINAL CONSEQUENCES WITH RESPECT TO REENTRY OF REMOVED
ALIENS.
Section 276 of the Immigration and Nationality Act (8 U.S.C. 1326)
is amended--
(1) in subsection (a), by striking the matter following
paragraph (2) and inserting the following:
``shall be imprisoned not less than 1 and not more than 2 years and
fined under title 18, United States Code.''; and
(2) in subsection (b)--
(A) in paragraph (1), by striking ``shall be
fined'' and all that follows through ``or both'' and
inserting ``shall be imprisoned not less than 3 and not
more than 10 years and fined under title 18, United
States Code'';
(B) in paragraph (2), by striking ``shall be
fined'' and all that follows through ``or both'' and
inserting ``shall be imprisoned not less than 10 and
not more than 20 years and fined under title 18, United
States Code''; and
(C) in paragraph (4), by striking ``shall be
fined'' and all that follows through ``or both'' and
inserting ``shall be imprisoned not less than 3 and not
more than 10 years and fined under title 18, United
States Code''.
SEC. 5. EXCLUSION OF ALIENS UNLAWFULLY PRESENT IN THE UNITED STATES FOR
MORE THAN 6 MONTHS.
Section 212(a)(9)(B)(i) of the Immigration and Nationality Act (8
U.S.C. 1182(a)(9)(B)(i)) is amended by striking subclauses (I) and (II)
and inserting the following:
``(I) has been unlawfully present
in the United States for a period of
more than 180 days but less than 1
year, unless the alien has subsequently
remained outside of the United States
for an uninterrupted period of at least
3 years, or
``(II) has been unlawfully present
in the United States for a period of 1
year or more, unless the alien has
subsequently remained outside of the
United States for an uninterrupted
period of at least 10 years,''.
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