HR 3486 — Stop Illegal Entry Act of 2025

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

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TITLE II--IMMIGRATION

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Chapter 8--General Penalty Provisions

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 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.

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