[Congressional Record Volume 164, Number 29 (Wednesday, February 14, 2018)]
[Senate]
[Pages S1087-S1088]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 1972. Mr. GRAHAM submitted an amendment intended to be proposed by
him to the bill H.R. 2579, to amend the Internal Revenue Code of 1986
to allow the premium tax credit with respect to unsubsidized COBRA
continuation coverage; which was ordered to lie on the table; as
follows:
At the appropriate place, insert the following:
SEC. __. ILLEGAL REENTRY.
(a) Short Title.--This section may be cited as ``Kate's
Law''.
(b) Reentry of Removed Alien.--Section 276 of the
Immigration and Nationality Act (8 U.S.C. 1326) is amended to
read as follows:
``SEC. 276. REENTRY OF REMOVED ALIEN.
``(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.
[[Page S1088]]
``(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.''.
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