[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3004 Engrossed in House (EH)]

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115th CONGRESS
  1st Session
                                H. R. 3004

_______________________________________________________________________

                                 AN ACT


 
To amend section 276 of the Immigration and Nationality Act relating to 
                       reentry of removed aliens.

    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 ``Kate's Law''.

SEC. 2. ILLEGAL REENTRY.

    Section 276 of the Immigration and Nationality Act (8 U.S.C. 1326) 
is amended to read as follows:

                       ``reentry of removed alien

    ``Sec. 276.  (a) Reentry After Removal.--Any alien who has been 
denied admission, excluded, deported, or removed, or who has departed 
the United States while an order of exclusion, deportation, or removal 
is outstanding, and subsequently enters, attempts to enter, crosses the 
border to, attempts to cross the border to, or is at any time found in 
the United States, shall be fined under title 18, United States Code, 
imprisoned not more than 2 years, or both.
    ``(b) Reentry of Criminal Offenders.--Notwithstanding the penalty 
provided in subsection (a), if an alien described in that subsection 
was convicted before such removal or departure--
            ``(1) for 3 or more misdemeanors or for a felony, the alien 
        shall be fined under title 18, United States Code, imprisoned 
        not more than 10 years, or both;
            ``(2) for a felony for which the alien was sentenced to a 
        term of imprisonment of not less than 30 months, the alien 
        shall be fined under such title, imprisoned not more than 15 
        years, or both;
            ``(3) for a felony for which the alien was sentenced to a 
        term of imprisonment of not less than 60 months, the alien 
        shall be fined under such title, imprisoned not more than 20 
        years, or both; or
            ``(4) for murder, rape, kidnapping, or a felony offense 
        described in chapter 77 (relating to peonage and slavery) or 
        113B (relating to terrorism) of such title, or for 3 or more 
        felonies of any kind, the alien shall be fined under such 
        title, imprisoned not more than 25 years, or both.
    ``(c) Reentry After Repeated Removal.--Any alien who has been 
denied admission, excluded, deported, or removed 3 or more times and 
thereafter enters, attempts to enter, crosses the border to, attempts 
to cross the border to, or is at any time found in the United States, 
shall be fined under title 18, United States Code, imprisoned not more 
than 10 years, or both.
    ``(d) Proof of Prior Convictions.--The prior convictions described 
in subsection (b) are elements of the crimes described, and the 
penalties in that subsection shall apply only in cases in which the 
conviction or convictions that form the basis for the additional 
penalty are--
            ``(1) alleged in the indictment or information; and
            ``(2) proven beyond a reasonable doubt at trial or admitted 
        by the defendant.
    ``(e) Affirmative Defenses.--It shall be an affirmative defense to 
a violation of this section that--
            ``(1) prior to the alleged violation, the alien had sought 
        and received the express consent of the Secretary of Homeland 
        Security to reapply for admission into the United States; or
            ``(2) with respect to an alien previously denied admission 
        and removed, the alien--
                    ``(A) was not required to obtain such advance 
                consent under the Immigration and Nationality Act or 
                any prior Act; and
                    ``(B) had complied with all other laws and 
                regulations governing the alien's admission into the 
                United States.
    ``(f) Limitation on Collateral Attack on Underlying Removal 
Order.--In a criminal proceeding under this section, an alien may not 
challenge the validity of any prior removal order concerning the alien.
    ``(g) Reentry of Alien Removed Prior to Completion of Term of 
Imprisonment.--Any alien removed pursuant to section 241(a)(4) who 
enters, attempts to enter, crosses the border to, attempts to cross the 
border to, or is at any time found in, the United States shall be 
incarcerated for the remainder of the sentence of imprisonment which 
was pending at the time of deportation without any reduction for parole 
or supervised release unless the alien affirmatively demonstrates that 
the Secretary of Homeland Security has expressly consented to the 
alien's reentry. Such alien shall be subject to such other penalties 
relating to the reentry of removed aliens as may be available under 
this section or any other provision of law.
    ``(h) Definitions.--For purposes of this section and section 275, 
the following definitions shall apply:
            ``(1) Crosses the border to the united states.--The term 
        `crosses the border' refers to the physical act of crossing the 
        border, regardless of whether the alien is free from official 
        restraint.
            ``(2) Felony.--The term `felony' means any criminal offense 
        punishable by a term of imprisonment of more than 1 year under 
        the laws of the United States, any State, or a foreign 
        government.
            ``(3) Misdemeanor.--The term `misdemeanor' means any 
        criminal offense punishable by a term of imprisonment of not 
        more than 1 year under the applicable laws of the United 
        States, any State, or a foreign government.
            ``(4) Removal.--The term `removal' includes any denial of 
        admission, exclusion, deportation, or removal, or any agreement 
        by which an alien stipulates or agrees to exclusion, 
        deportation, or removal.
            ``(5) State.--The term `State' means a State of the United 
        States, the District of Columbia, and any commonwealth, 
        territory, or possession of the United States.''.

            Passed the House of Representatives June 29, 2017.

            Attest:

                                                                 Clerk.
115th CONGRESS

  1st Session

                               H. R. 3004

_______________________________________________________________________

                                 AN ACT

To amend section 276 of the Immigration and Nationality Act relating to 
                       reentry of removed aliens.