[House Report 119-200]
[From the U.S. Government Publishing Office]
119th Congress } { Report
HOUSE OF REPRESENTATIVES
1st Session } { 119-200
======================================================================
STOP ILLEGAL ENTRY ACT OF 2025
_______
July 15, 2025.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. Jordan, from the Committee on the Judiciary, submitted the
following
R E P O R T
together with
DISSENTING VIEWS
[To accompany H.R. 3486]
The Committee on the Judiciary, to whom was referred the
bill (H.R. 3486) to amend the Immigration and Nationality Act
to increase penalties for individuals who illegally enter and
reenter the United States after being removed, and for other
purposes, having considered the same, reports favorably thereon
with an amendment and recommends that the bill as amended do
pass.
CONTENTS
Page
Purpose and Summary.............................................. 3
Background and Need for the Legislation.......................... 3
Hearings......................................................... 6
Committee Consideration.......................................... 7
Committee Votes.................................................. 7
Committee Oversight Findings..................................... 11
New Budget Authority and Tax Expenditures........................ 11
Congressional Budget Office Cost Estimate........................ 11
Committee Estimate of Budgetary Effects.......................... 11
Duplication of Federal Programs.................................. 11
Performance Goals and Objectives................................. 11
Advisory on Earmarks............................................. 11
Federal Mandates Statement....................................... 12
Advisory Committee Statement..................................... 12
Applicability to Legislative Branch.............................. 12
Section-by-Section Analysis...................................... 12
Changes in Existing Law Made by the Bill, as Reported............ 12
Dissenting Views................................................. 17
The amendment is as follows:
Strike all that follows after the enacting clause and
insert the following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Stop Illegal Entry Act of 2025''.
SEC. 2. COMMISSION OF CRIMES BY ALIENS UNLAWFULLY PRESENT IN THE UNITED
STATES.
Section 275 of the Immigration and Nationality Act (8 U.S.C. 1325) is
amended--
(1) in subsection (a), by striking ``2 years'' and inserting
``5 years''; and
(2) by adding at the end the following:
``(e) Any alien--
``(1) who--
``(A) enters or attempts to enter the United States
at any time or place other than as designated by
immigration officers,
``(B) eludes examination or inspection by immigration
officers, or
``(C) attempts to enter or obtains entry to the
United States by a willfully false or misleading
representation or the willful concealment of a material
fact, and
``(2) thereafter is convicted of any crime punishable by more
than 1 year of imprisonment,
may be fined under title 18, United States Code, and shall be
imprisoned not less than 5 years and may be imprisoned for any term of
years or for life.''.
SEC. 3. INCREASED PENALTIES FOR REENTRY OF REMOVED ALIEN.
Section 276 of the Immigration and Nationality Act (8 U.S.C. 1326) is
amended--
(1) by redesignating subsections (c) and (d) as subsections
(d) and (e), respectively;
(2) by striking subsections (a) and (b) and inserting the
following:
``(a) In General.--Subject to subsections (b) and (c), any alien
who--
``(1) has been denied admission, excluded, deported, removed,
or has departed the United States while an order of exclusion,
deportation, or removal is outstanding; and
``(2) thereafter enters, attempts to enter, or is at any time
found in, the United States, unless--
``(A) prior to the alien's reembarkation at a place
outside the United States or the alien's application
for admission from foreign contiguous territory, the
Secretary of Homeland Security has expressly consented
to such alien's reapplying for admission; or
``(B) with respect to an alien previously denied
admission and removed, such alien establishes that the
alien was not required to obtain such advance consent
under this or any prior Act,
shall be fined under title 18, United States Code, imprisoned not more
than 10 years, or both.
``(b) Criminal Penalties for Reentry of Certain Removed Aliens.--
``(1) In general.--Notwithstanding the penalty under
subsection (a), and except as provided in subsection (c), an
alien described in subsection (a)--
``(A) who was convicted before such removal or
departure of 3 or more misdemeanors involving drugs,
crimes against the person, or both shall be fined under
title 18, United States Code, imprisoned not more than
15 years, or both;
``(B) who has been excluded from the United States
pursuant to section 235(c) because the alien was
inadmissible under section 212(a)(3)(B) or who has been
removed from the United States pursuant to the
provisions of title V, and who thereafter, without the
permission of the Secretary of Homeland Security,
enters the United States, or attempts to do so, shall
be fined under title 18, United States Code, and
imprisoned for a period of 10 years, which sentence
shall not run concurrently with any other sentence;
``(C) who was removed from the United States pursuant
to section 241(a)(4)(B) who thereafter, without the
permission of the Secretary of Homeland Security,
enters, attempts to enter, or is at any time found in,
the United States, shall be fined under title 18,
United States Code, imprisoned for not more than 10
years, or both; and
``(D) who has been denied admission, excluded,
deported, or removed 3 or more times and thereafter
enters, attempts to enter, 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.
``(2) Removal defined.--In this subsection and in subsection
(c), the term `removal' includes any agreement in which an
alien stipulates to removal during (or not during) a criminal
trial under either Federal or State law.
``(c) Mandatory Minimum Criminal Penalty for Reentry of Certain
Removed Aliens.--Notwithstanding the penalties provided in subsections
(a) and (b), an alien described in subsection (a)--
``(1) who was convicted before such removal or departure of--
``(A) any aggravated felony;
``(B) any crime defined as a felony by the relevant
jurisdiction (Federal, State, Tribal, or local) of
conviction; or
``(C) any crime punishable by more than 1 year of
imprisonment; or
``(2) who was convicted under this section at least 2 times
before such removal or departure,
may be fined under title 18, United States Code, and shall be
imprisoned not less than 10 years and may be imprisoned for any term of
years or for life.''; and
(3) in subsection (d), as redesignated by paragraph (1)--
(A) by striking ``section 242(h)(2)'' and inserting
``section 241(a)(4)''; and
(B) by striking ``Attorney General'' and inserting
``Secretary of Homeland Security''.
Purpose and Summary
H.R. 3486, the Stop Illegal Entry Act of 2025, introduced
by Rep. Stephanie Bice (R-OK), would increase penalties for
aliens who illegally enter or illegally reenter the United
States.
Background and Need for the Legislation
For four years, illegal aliens took advantage of Democrats'
open-borders policies to illegally enter and illegally reenter
the United States. Despite enabling historic numbers of illegal
alien border encounters, the Biden-Harris Administration's
prosecution of illegal entry and illegal reentry slowed
substantially compared to the first Trump Administration.\1\
Undeterred by the current penalties for illegal entry and
illegal reentry, criminal aliens routinely break the law not
only by illegally entering the United States but also later by
victimizing Americans. Of the aliens charged with illegal
reentry in fiscal year 2023, more than 70 percent had criminal
records.\2\ By increasing penalties for aliens who illegally
enter or illegally reenter the United States, the Stop Illegal
Entry Act of 2025 would deter illegal aliens from entering or
reentering the United States, ensure repeat offenders are
imprisoned, and protect American communities from dangerous
criminal aliens who flout U.S. law.
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\1\See generally Immigration Prosecutions Increase With New Push
for Border Enforcement, TRAC Immigr. (June 25, 2024), https://
tracreports.org/reports/745/.
\2\Quick Facts: Illegal Reentry Offenses, U.S. Sentencing
Commission, https://www.ussc.gov/sites/default/files/pdf/research-and-
publications/quick-facts/Illegal_Reentry_FY23.pdf.
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In just four years, the Biden-Harris Administration allowed
eight million illegal aliens into the United States, including
at least six million illegal aliens who were released into
American communities, while nearly two million illegal alien
``gotaways'' evaded Customs and Border Protection (CBP) at the
southwest border.\3\ Many of those aliens illegally entered or
illegally reentered the United States, knowing they would
quickly be released into the interior of the country with an
immigration court date years later.
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\3\Info. provided to the H. Comm. on the Judiciary by U.S. Dep't of
Homeland Sec., Table 1: Detention Histories of CBP Encounters, January
20, 2021--March 31, 2024 (Aug. 16, 2024); U.S. Customs and Border
Prot., Custody and Transfer Statistics, U.S. Dep't of Homeland Sec.
(last accessed Jan. 6, 2025); Camilo Montoya-Galvez, Biden
administration has admitted more than 1 million migrants into U.S.
under parole policy Congress is considering restricting, CBS News (Jan.
22, 2024); Latest UC Data, Total Monthly Discharges to Individual
Sponsors Only, U.S. Dep't of Health and Human Servs. (last accessed
Mar. 22, 2024); Off. of Refugee Resettlement, Unaccompanied Children
Released to Sponsors by State, U.S. Dep't of Health and Human Servs.
(last accessed Jan 15, 2025); U.S. Customs and Border Prot., CBP
Releases December 2024 Monthly Update, U.S. Dep't of Homeland Sec.
(Jan. 14, 2025); Immigr. and Customs Enf't, Daily SWB Placemat, U.S.
Dep't of Homeland Sec. (May 2024-Jan. 2025) (on file with Comm.); Off.
of Homeland Sec. Statistics, Immigr. Enf't and Legal Processes Monthly
Tables--Apr. 2024, U.S. Dep't of Homeland Sec. (last accessed Aug. 19,
2024); Casey Harper, Border crisis creates national security threat for
U.S., observers say, Wash. Examiner (Aug. 7, 2023); Bill Melugin
(@BillMelugin_), X (June 20, 2024, 10:22 AM).
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Current law criminalizes both illegal entry and illegal
reentry, with a fine and up to six months' imprisonment for a
first illegal entry, a fine and up to two years' imprisonment
for a second illegal entry, and a fine and up to two years'
imprisonment for illegal reentry.\4\ Under current law, an
alien who illegally reenters after being convicted of a felony
or three or more misdemeanors involving drugs or crimes against
the person can be sentenced to up to 10 years in prison, with
aliens who illegally reenter after an aggravated felony
conviction can face up to 20 years' imprisonment.\5\
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\4\8 U.S.C. Sec. Sec. 1325, 1326.
\5\8 U.S.C. Sec. 1326(b).
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During the first Trump Administration, then-Attorney
General Jeff Sessions announced a ``zero tolerance'' policy for
aliens entering the United States illegally.\6\ Under the
policy, the Trump Administration planned to prosecute every
alien who crossed the border illegally, including aliens who
crossed with minor children.\7\ DHS reinforced this approach,
stating ``[w]hether you are a single adult or an adult member
of a family unit, if you are apprehended you will be prosecuted
and put in removal proceedings.''\8\ Under President Trump's
zero tolerance policy, prosecutions for illegal entry
skyrocketed to nearly 9,000 cases in June 2018.\9\
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\6\See Attorney General Sessions Delivers Remarks Discussing the
Immigration Enforcement Actions of the Trump Administration, U.S. Dep't
of Justice (May 7, 2018), https://www.justice.gov/opa/speech/attorney-
general-sessions-delivers-remarks-discussing-immigration-enforcement-
actions.
\7\Id.
\8\Press Release, Statement from DHS Press Secretary on April
Border Numbers, U.S. Dep't of Homeland Sec. (May 4, 2018), https://
www.dhs.gov/news/2018/05/04/statement-dhs-press-secretary-april-border-
numbers.
\9\Major Swings in Immigration Criminal Prosecutions during Trump
Administration, TRAC Immigr. (Dec. 18, 2020), https://tracreports.org/
immigration/reports/633/.
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Despite enabling historic numbers of illegal alien border
encounters, the Biden-Harris Administration's prosecution of
illegal entry and illegal reentry slowed substantially compared
to the first Trump Administration. From January 2021 through
January 2024, the Biden-Harris Administration prosecuted fewer
than 1,000 illegal entry cases per month.\10\ As the
presidential election approached, however, immigration-related
prosecutions belatedly increased in 2024.\11\
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\10\Immigration Prosecutions Increase With New Push for Border
Enforcement, TRAC Immigr. (June 25, 2024), https://tracreports.org/
reports/745/.
\11\Id.
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The second Trump Administration has prioritized
prosecutions of illegal aliens. In an executive order issued on
his first day back in office on January 20, 2025, President
Trump instructed the Attorney General to ``take all appropriate
action to prioritize the prosecution of criminal offenses
related to the unauthorized entry or continued unauthorized
presence of aliens in the United States.''\12\ Consequently,
prosecutions of illegal entry and illegal reentry have
increased. In March 2025, the Justice Department announced that
federal prosecutors in southern California had filed illegal
reentry charges against 126 illegal aliens.\13\ The defendants
included aliens convicted of crimes ranging from manslaughter
to kidnapping to drug possession.\14\ In April 2025, an illegal
alien from Mexico ``was sentenced to 46 months in a federal
prison for illegal entry by [a] removed alien,'' after the man
illegally reentered the country following two previous
removals.\15\ The illegal alien had been convicted of driving
under the influence in 2014, 2015, and 2024.\16\
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\12\Protecting the American People Against Invasion, Exec. Order
No. 14,159, 90 Fed. Reg. 8443 (Jan. 20, 2025), https://
www.federalregister.gov/documents/2025/01/29/2025-02006/
protecting-the-american-people-against-invasion.
\13\Press Release, Federal Prosecutors Charge 126 Previously
Removed Illegal Aliens, Many with Felony Criminal Records, with
Illegally Re-Entering the U.S., U.S. Dep't of Justice (Mar. 3, 2025),
https://www.justice.gov/usao-cdca/pr/federal-prosecutors-charge-126-
previously-removed
-illegal-aliens-many-felony-criminal.
\14\Id.
\15\Theresa Grundman, Mexican man, 3-time DUI convict sentenced
after 2nd illegal reentry into U.S., WKRG (Apr. 9, 2025, 4:00 PM),
https://www.wkrg.com/northwest-florida/escambia-county/mexican-man-3-
time-dui-convict-sentenced-after-2nd-illegal-reentry-into-u-s/.
\16\Id.
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The existing penalties for illegal entry and reentry have
proved insufficient at deterring criminal aliens and protecting
Americans. As just one example, nearly a decade ago, an illegal
alien hit and killed 21-year-old Jimmy Walden, a U.S. Marine
working for the National Security Agency, with a
motorcycle.\17\ Despite the state of Maryland knowing that the
alien was in the United States illegally--and despite the alien
being held in jail five times during a five-year period--the
illegal alien was placed on probation after a domestic violence
conviction.\18\ Speaking in May 2025, Jimmy's father said he
testified at the illegal alien's sentencing hearing after the
alien illegally reentered the United States for a third
time.\19\ He called it ``ridiculous'' that the ``maximum they
could give him was 46 months in jail for the third
reentry.''\20\
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\17\Cameron Arcand & Bill Melugin, Blue state governor in hot seat
after parents harmed by sanctuary policies lash out: `Gut punch', FOX
News (May 7, 2025, 4:30 PM), https://www.foxnews.com/politics/blue-
state-governor-hot-seat-after-parents-harmed-sanctuary-policies-lash-
out-gut-punch.
\18\Id.
\19\Illinois Father slams Dem governor over sanctuary policies, FOX
News (May 7, 2025), https://www.foxnews.com/video/6372479007112.
\20\Id.
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The death of Kate Steinle is perhaps the most well-known
case of the consequences of illegal aliens who repeatedly
reenter the United States. The 32-year-old ``was walking with
her father and a family friend on a San Francisco pier in July
2015 when she was struck in the back by a bullet and
killed.''\21\ An illegal alien from Mexico who had been removed
from the United States six times\22\ admitted to ``holding the
gun that killed Steinle but said it accidentally fired when he
picked it up from underneath a bench.''\23\ A jury acquitted
the illegal alien of murder,\24\ but he ``was convicted of
being a felon in possession of a firearm.''\25\ On March 1,
2024, ICE once again removed the illegal alien to Mexico.\26\
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\21\Paul Best, Illegal immigrant acquitted in Kate Steinle's 2015
shooting death gets time served for federal weapons charges, FOX News
(June 6, 2022, 9:17 PM), https://www.foxnews.com/us/illegal-immigrant-
acquitted-kate-steinle-shooting-death-time-served-weapons-charges.
\22\Press Release, ERO Phoenix removes Mexican national with
extensive criminal history for the 7th time, U.S. Immigr. and Customs
Enf't (Mar. 4, 2024), https://www.ice.gov/news/
releases/ero-phoenix-removes-mexican-national-extensive-criminal-
history-7th-time.
\23\See Best, supra note 21.
\24\Id.
\25\Hamed Aleaziz, U.S. Plans to Deport Mexican Man Acquitted in
Kathryn Steinle Case, N.Y. Times (Feb. 29, 2024), https://
www.nytimes.com/2024/02/29/us/politics/mexican-kathryn-steinle-
deport.html.
\26\See Press Release, ERO Phoenix removes Mexican national with
extensive criminal history for the 7th time, supra note 22.
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Aliens regularly enter or reenter the United States
illegally and then commit additional crimes once inside the
country. Of the aliens charged with illegal reentry in fiscal
year 2023, more than 70 percent had criminal records.\27\ In
the same fiscal year, for aliens sentenced for illegal reentry
convictions under the U.S. Sentencing Commission's 2016
Guidelines Manual or later, a third of the aliens ``received
sentencing enhancements for a felony reentry offense'' and 3.2
percent received sentencing enhancements for ``two or more
convictions for misdemeanor illegal entry.''\28\ Forty-three
percent of aliens ``received sentencing enhancements for a
previous felony conviction other than illegal reentry or three
misdemeanor drug trafficking/crime of violence convictions,''
with 56 percent receiving no such enhancement.\29\ In fiscal
year 2023, illegal reentry offenses made up 56 percent of all
cases in the District of Arizona; 51.8 percent in the Southern
District of Texas; 51.4 percent in the Western District of
Texas; 50.5 percent in the District of New Mexico; and 27.7
percent in the District of Delaware.\30\
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\27\Quick Facts: Illegal Reentry Offenses, U.S. Sentencing
Commission, https://www.ussc.gov/sites/default/files/pdf/research-and-
publications/quick-facts/Illegal_Reentry_FY23.pdf.
\28\Id.
\29\Id.
\30\Id.
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By increasing penalties for aliens who illegally enter or
illegally reenter the United States, H.R. 3486 would deter
illegal aliens from entering or reentering the United States,
ensure repeat offenders are imprisoned, and protect American
communities from dangerous criminal aliens who flout U.S. law.
Hearings
For the purposes of clause 3(c)(6)(A) of House rule XIII,
the following hearing was used to develop H.R. 3486:
``Restoring Immigration Enforcement in America,'' a hearing
held on January 22, 2025, before the Subcommittee on
Immigration Integrity, Security, and Enforcement of the
Committee on the Judiciary. The Subcommittee heard testimony
from the following witnesses:
John Fabbricatore, Former Field Office
Director, U.S. Immigration and Customs Enforcement,
Enforcement and Removal Operations; Visiting Fellow,
The Heritage Foundation;
Jessica Vaughan, Director of Policy Studies,
Center for Immigration Studies (CIS);
Grant Newman, Director of Government
Relations, Immigration Accountability Project; and
David Bier, Director of Immigration Studies,
CATO Institute.
The hearing addressed how the Trump Administration can
restore immigration enforcement in the United States and
reverse the Biden-Harris Administration's open-borders, no-
consequences immigration policies.
Committee Consideration
On May 21, 2025, the Committee met in open session and
ordered the bill, H.R. 3486, favorably reported with an
amendment in the nature of a substitute, by a roll call vote of
14-10, a quorum being present.
Committee Votes
In compliance with clause 3(b) of House rule XIII, the
following roll call votes occurred during the Committee's
consideration of H.R. 3486:
1. Vote on Amendment #1 to the H.R. 3486 ANS, offered
by Ms. Jayapal--failed 9 ayes to 16 nays.
2. Vote on Amendment #2 to the H.R. 3486 ANS, offered
by Ms. Crockett--failed 9 ayes to 13 nays.
3. Vote on favorably reporting H.R. 3486, as
amended--passed 14 ayes to 10 nays.
Committee Oversight Findings
In compliance with clause 3(c)(1) of House rule XIII, the
Committee advises that the findings and recommendations of the
Committee, based on oversight activities under clause 2(b)(1)
of rule X of the Rules of the House of Representatives, are
incorporated in the descriptive portions of this report.
New Budget Authority and Tax Expenditures
With respect to the requirements of clause 3(c)(2) of rule
XIII of the Rules of the House of Representatives and section
308(a) of the Congressional Budget Act of 1974 and with respect
to the requirements of clause 3(c)(3) of rule XIII of the Rules
of the House of Representatives and section 402 of the
Congressional Budget Act of 1974, the Committee has requested
but not received a cost estimate for this bill from the
Director of the Congressional Budget Office. The Committee has
requested but not received from the Director of the
Congressional Budget Office a statement as to whether this bill
contains any new budget authority, spending authority, credit
authority, or an increase or decrease in revenues or tax
expenditures. The Chairman of the Committee shall cause such
estimate and statement to be printed in the Congressional
Record upon its receipt by the Committee.
Congressional Budget Office Cost Estimate
With respect to the requirement of clause 3(c)(3) of rule
XIII of the Rules of the House of Representatives, a cost
estimate provided by the Congressional Budget Office pursuant
to section 402 of the Congressional Budget Act of 1974 was not
made available to the Committee in time for the filing of this
report. The Chairman of the Committee shall cause such estimate
to be printed in the Congressional Record upon its receipt by
the Committee.
Committee Estimate of Budgetary Effects
With respect to the requirements of clause 3(d)(1) of rule
XIII of the Rules of the House of Representatives, the
Committee adopts as its own the cost estimate prepared by the
Director of the Congressional Budget Office pursuant to section
402 of the Congressional Budget Act of 1974.
Duplication of Federal Programs
Pursuant to clause 3(c)(5) of House rule XIII, no provision
of H.R. 3486 establishes or reauthorizes a program of the
federal government known to be duplicative of another federal
program.
Performance Goals and Objectives
The Committee states that pursuant to clause 3(c)(4) of
House rule XIII, H.R. 3486 would increase penalties for aliens
who illegally enter or illegally reenter the United States.
Advisory on Earmarks
In accordance with clause 9 of House rule XXI, H.R. 3486
does not contain any congressional earmarks, limited tax
benefits, or limited tariff benefits as defined in clauses
9(d), 9(e), or 9(f) of House rule XXI.
Federal Mandates Statement
An estimate of federal mandates prepared by the Director of
the Congressional Budget office pursuant to section 423 of the
Unfunded Mandates Reform Act was not made available to the
Committee in time for the filing of this report. The Chairman
of the Committee shall cause such estimate to be printed in the
Congressional Record upon its receipt by the Committee.
Advisory Committee Statement
No advisory committees within the meaning of section 5(b)
of the Federal Advisory Committee Act were created by this
legislation.
Applicability to Legislative Branch
The Committee finds that the legislation does not relate to
the terms and conditions of employment or access to public
services or accommodations within the meaning of section
102(b)(3) of the Congressional Accountability Act (Pub. L. 104-
1).
Section-by-Section Analysis
Sec. 1. Short Title: The ``Stop Illegal Entry Act of
2025.''
Sec. 2. Commission of Crimes by Aliens Unlawfully Present
in the United States: This section raises the maximum term of
imprisonment from two years to five years for an alien who
illegally enters the United States more than once. The section
also requires between five years' imprisonment to life
imprisonment for an alien who illegally enters the United
States and is later convicted of any crime punishable by more
than one year of imprisonment.
Sec. 3. Increased Penalties for Reentry of Removed Alien:
This section raises the maximum term of imprisonment from two
years to 10 years for an alien who illegally reenters the
United States after previously being removed. The section also
raises the maximum term of imprisonment from 10 years to 15
years for an alien who illegally reenters the United States
after being removed following a conviction for three or more
misdemeanors involving drugs, crimes against the person, or
both. For any alien who has been removed three or more times,
the section allows the alien to be imprisoned for up to 10
years. This section also requires between 10 years'
imprisonment to life imprisonment for an alien who illegally
reenters the United States after being removed following: (1)
any felony conviction; or (2) two or more illegal reentry
convictions.
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
matter is printed in italics, and existing law in which no
change is proposed is shown in roman):
IMMIGRATION AND NATIONALITY ACT
* * * * * * *
TITLE II--IMMIGRATION
* * * * * * *
Chapter 8--General Penalty Provisions
* * * * * * *
entry of alien at improper time or place; misrepresentation and
concealment of facts
Sec. 275. (a) Any alien who (1) enters or attempts to enter
the United States at any time or place other than as designated
by immigration officers, or (2) eludes examination or
inspection by immigration officers, or (3) attempts to enter or
obtains entry to the United States by a willfully false or
misleading representation or the willful concealment of a
material fact, shall, for the first commission of any such
offense, be fined under title 18, United States Code, or
imprisoned not more than 6 months, or both, and, for a
subsequent commission of any such offense, be fined under title
18, United States Code, or imprisoned not more than [2 years] 5
years, or both.
(b) Any alien who is apprehended while entering (or
attempting to enter) the United States at a time or place other
than as designated by immigration officers shall be subject to
a civil penalty of--
(1) at least $50 and not more than $250 for each such
entry (or attempted entry); or
(2) twice the amount specified in paragraph (1) in
the case of an alien who has been previously subject to
a civil penalty under this subsection.
Civil penalties under this subsection are in addition to, and
not in lieu of, any criminal or other civil penalties that may
be imposed.
(c) An individual who knowingly enters into a marriage for
the purpose of evading any provision of the immigration laws
shall be imprisoned for not more than 5 years, or fined not
more than $250,000, or both.
(d) Any individual who knowingly establishes a commercial
enterprise for the purpose of evading any provision of the
immigration laws shall be imprisoned for not more than 5 years,
fined in accordance with title 18, United States Code, or both.
(e) Any alien--
(1) who--
(A) enters or attempts to enter the United
States at any time or place other than as
designated by immigration officers,
(B) eludes examination or inspection by
immigration officers, or
(C) attempts to enter or obtains entry to the
United States by a willfully false or
misleading representation or the willful
concealment of a material fact, and
(2) thereafter is convicted of any crime punishable
by more than 1 year of imprisonment,
may be fined under title 18, United States Code, and shall be
imprisoned not less than 5 years and may be imprisoned for any
term of years or for life.
reentry of removed alien
Sec. 276. [(a) Subject to subsection (b), any alien who--
[(1) has been denied admission, excluded, deported,
or removed or has departed the United States while an
order of exclusion, deportation, or removal is
outstanding, and thereafter
[(2) enters, attempts to enter, or is at any time
found in, the United States, unless (A) prior to his
reembarkation at a place outside the United States or
his application for admission from foreign contiguous
territory, the Attorney General has expressly consented
to such alien's reapplying for admission; or (B) with
respect to an alien previously denied admission and
removed, unless such alien shall establish that he was
not required to obtain such advance consent under this
or any prior Act,
shall be fined under title 18, United States Code, or
imprisoned not more than 2 years, or both.
[(b) Notwithstanding subsection (a), in the case of any alien
described in such subsection--
[(1) whose removal was subsequent to a conviction for
commission of three or more misdemeanors involving
drugs, crimes against the person, or both, or a felony
(other than an aggravated felony), such alien shall be
fined under title 18, United States Code, imprisoned
not more than 10 years, or both;
[(2) whose removal was subsequent to a conviction for
commission of an aggravated felony, such alien shall be
fined under such title, imprisoned not more than 20
years, or both;
[(3) who has been excluded from the United States
pursuant to section 235(c) because the alien was
excludable under section 212(a)(3)(B) or who has been
removed from the United States pursuant to the
provisions of title V, and who thereafter, without the
permission of the Attorney General, enters the United
States, or attempts to do so, shall be fined under
title 18, United States Code, and imprisoned for a
period of 10 years, which sentence shall not run
concurrently with any other sentence. or
[(4) who was removed from the United States pursuant
to section 241(a)(4)(B) who thereafter, without the
permission of the Attorney General, enters, attempts to
enter, or is at any time found in, the United States
(unless the Attorney General has expressly consented to
such alien's reentry) shall be fined under title 18,
United States Code, imprisoned for not more than 10
years, or both.
For the purposes of this subsection, the term ``removal''
includes any agreement in which an alien stipulates to removal
during (or not during) a criminal trial under either Federal or
State law.]
(a) In General.--Subject to subsections (b) and (c), any
alien who--
(1) has been denied admission, excluded, deported,
removed, or has departed the United States while an
order of exclusion, deportation, or removal is
outstanding; and
(2) thereafter enters, attempts to enter, or is at
any time found in, the United States, unless--
(A) prior to the alien's reembarkation at a
place outside the United States or the alien's
application for admission from foreign
contiguous territory, the Secretary of Homeland
Security has expressly consented to such
alien's reapplying for admission; or
(B) with respect to an alien previously
denied admission and removed, such alien
establishes that the alien was not required to
obtain such advance consent under this or any
prior Act,
shall be fined under title 18, United States Code, imprisoned
not more than 10 years, or both.
(b) Criminal Penalties for Reentry of Certain Removed
Aliens.--
(1) In general.--Notwithstanding the penalty under
subsection (a), and except as provided in subsection
(c), an alien described in subsection (a)--
(A) who was convicted before such removal or
departure of 3 or more misdemeanors involving
drugs, crimes against the person, or both shall
be fined under title 18, United States Code,
imprisoned not more than 15 years, or both;
(B) who has been excluded from the United
States pursuant to section 235(c) because the
alien was inadmissible under section
212(a)(3)(B) or who has been removed from the
United States pursuant to the provisions of
title V, and who thereafter, without the
permission of the Secretary of Homeland
Security, enters the United States, or attempts
to do so, shall be fined under title 18, United
States Code, and imprisoned for a period of 10
years, which sentence shall not run
concurrently with any other sentence;
(C) who was removed from the United States
pursuant to section 241(a)(4)(B) who
thereafter, without the permission of the
Secretary of Homeland Security, enters,
attempts to enter, or is at any time found in,
the United States, shall be fined under title
18, United States Code, imprisoned for not more
than 10 years, or both; and
(D) who has been denied admission, excluded,
deported, or removed 3 or more times and
thereafter enters, attempts to enter, 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.
(2) Removal defined.--In this subsection and in
subsection (c), the term ``removal'' includes any
agreement in which an alien stipulates to removal
during (or not during) a criminal trial under either
Federal or State law.
(c) Mandatory Minimum Criminal Penalty for Reentry of Certain
Removed Aliens.--Notwithstanding the penalties provided in
subsections (a) and (b), an alien described in subsection (a)--
(1) who was convicted before such removal or
departure of--
(A) any aggravated felony;
(B) any crime defined as a felony by the
relevant jurisdiction (Federal, State, Tribal,
or local) of conviction; or
(C) any crime punishable by more than 1 year
of imprisonment; or
(2) who was convicted under this section at least 2
times before such removal or departure,
may be fined under title 18, United States Code, and shall be
imprisoned not less than 10 years and may be imprisoned for any
term of years or for life.
[(c)] (d) Any alien deported pursuant to [section 242(h)(2)]
section 241(a)(4) who enters, attempts to enter, or is at any
time found in, the United States (unless the [Attorney General]
Secretary of Homeland Security has expressly consented to such
alien's reentry) 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. Such alien shall be subject to such other penalties
relating to the reentry of deported aliens as may be available
under this section or any other provision of law.
[(d)] (e) In a criminal proceeding under this section, an
alien may not challenge the validity of the deportation order
described in subsection (a)(1) or subsection (b) unless the
alien demonstrates that--
(1) the alien exhausted any administrative remedies
that may have been available to seek relief against the
order;
(2) the deportation proceedings at which the order
was issued improperly deprived the alien of the
opportunity for judicial review; and
(3) the entry of the order was fundamentally unfair.
* * * * * * *
Dissenting Views
I oppose H.R. 3486, the Stop Illegal Entry Act. This bill
would add draconian mandatory minimums and absurdly long
maximum prison sentences, in some cases up to life
imprisonment, to the existing criminal penalties for illegal
entry and illegal reentry into the United States.
Under 8 U.S.C. Sec. 1325, entering the United States
without inspection or making false statements when entering or
attempting to enter the country is already a misdemeanor
punishable by a fine and/or up to six months in prison with
enhancements up to two years. Under 8 U.S.C. Sec. 1326,
unlawfully reentering the country, or being found inside the
United States following a removal, removal order, or denial of
admission is already a felony punishable by up to two years in
prison. With enhancements, the sentence can be as high as 20
years in prison for those who were ordered removed following a
conviction for certain crimes.
Presidents of both parties have used these laws to
prosecute people who enter the country unlawfully, and they
have never been shown to deter migration. In fact, in the last
month of the Biden Administration, as in previous years, 8
U.S.C. Sec. 1326 was the most commonly prosecuted criminal
statute in the entire federal system.\1\ Yet there has been no
correlation between increased prosecutions under this statute
and a decrease in border crossings. If prosecution alone were a
deterrent, we would have solved this problem long ago. And now,
the Majority wants to impose more mandatory minimum sentences
on existing crimes of unlawful entry and re-entry, even
allowing for a life sentence in federal prison for merely
entering the country unlawfully, with no other criminal conduct
required.
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\1\Immigration Prosecutions for January 2025, TRACImmigration (Mar.
12, 2025), https://tracreports.org/tracreports/bulletins/immigration/
monthlyjan25/fil/; Illegal Reentry Becomes Top Criminal Charge,
TRACImmigration (June 10, 2011), https://tracreports.org/immigration/
reports/251/.
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Studies have repeatedly shown that mandatory minimums do
not work to deter criminal behavior.\2\ We know that it is the
certainty of being caught and quickly punished, not the
severity of a sentence, that deters criminal behavior.
Increasing and mandating lengthy sentences will not deter
illegal reentry based on everything we know.
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\2\Alison Siegler, End Mandatory Minimums, Brennan Center for
Justice (Oct. 18, 2021), https://www.brennancenter.org/our-work/
analysis-opinion/end-mandatory-minimums; Steven Raphael & Sarah
Tahamont, The Effect of Mandatory Minimum Punishments on the Efficiency
of Criminal Justice Resource Allocation, Goldman School of Public
Policy, Univ. of California, Berkeley (Aug. 21, 2017), https://
gspp.berkeley.edu/assets/uploads/research/pdf/
RaphaelTahamont08212017.pdf.
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In fact, there seems to be some bipartisan agreement that
mandatory minimums did not improve public safety. They strip
judges of their ability to exercise discretion and impose
sentences that fit the circumstances, frustrating judges'
ability to consider mitigating factors, and imposing a one-
size-fits-all approach unilaterally. That is why the Judicial
Conference and so many organizations devoted to improving the
criminal justice system oppose mandatory minimums.
Even Republicans recognize that mandatory minimums are not
a wise approach. During the Committee's markup of this
legislation, Rep. Thomas Massie (R-KY) stated that he could not
support the bill with mandatory minimums and that ``mandatory
minimums run afoul of the intent of the structure of this
government, which is to allow the judges and the juries to have
discretion.'' Rep. Jasmine Crockett (D-TX) offered an amendment
to strip the mandatory minimum provisions from the bill. While
this amendment was defeated, Rep. Massie joined Democrats in
voting against the bill.
Moreover, in the last seven years, staffing levels for the
Bureau of Prisons (BOP) have dropped more than 20 percent,
bottoming out at a current 40 percent shortage of correctional
officers, according to the American Federation of Government
Employees, which represents BOP officers and other staff
members. According to a Government Accountability Office (GAO)
report on inmate deaths, staffing shortages create dangerous
conditions that contribute to inmate deaths. It costs the BOP
$150 a day to house an inmate.\3\ And given all that, my
colleagues want to make the situation worse by forcing BOP to
take custody of more people for five or ten years? A ten-year
mandatory minimum sentence for an individual is a mandatory
cost of over half a million dollars for the American taxpayer.
How will this be paid for? Who will pay for this?
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\3\Walter Pavlo, The High Price of Minimum Security Federal
Prisoners, Forbes (Aug. 26, 2024), https://www.forbes.com/sites/
walterpavlo/2024/08/25/the-high-price-of-minimum-security-federal-
prisoners/.
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If this bill were passed into law, it would require that
deportable, undocumented immigrants who commit certain crimes
be held in the already overburdened BOP facilities in the
United States at a cost to American taxpayers of more than $150
each day for a minimum of five or ten years, only to then be
removed from the country. Have Republicans checked with the
President to see if he would actually sign this legislation
into law? Why would we choose to detain people for a decade in
federal prison when our immigration laws already require that
they be deported?
According to the Washington Post, the Trump Administration
is pressuring governors to commute the sentences of immigrants
convicted of serious crimes so that Immigration and Customs
Enforcement can take custody and remove them more quickly.\4\
This bill would do the opposite--requiring that deportable
immigrants be held in U.S. federal prisons for five, ten, even
15 years before they can be removed. It would seem to directly
contradict what the President wants in his policy.
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\4\Maria Sacchetti & Artur Galocha, Trump touted these ICE arrests.
Half were already in prison., Wash. Post (Apr. 3, 2025), https://
www.washingtonpost.com/immigration/interactive/2025/trump-ice-arrests-
prison-immigrants/.
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This legislation is punitive, expensive, and ineffective,
and I oppose it.
Jamie Raskin,
Ranking Member.
[all]