S 45 — Kate's Law

Summary

Stop Illegal Reentry Act or Kate's Law This bill amends the Immigration and Nationality Act to increase from two years to five years the maximum prison term for an alien who re-enters after being excluded, denied admission, deported, or removed. The bill establishes: a 10-year maximum prison term for an alien who re-enters after being denied admission, excluded, deported, or removed on three or more prior occasions; and a 5-year mandatory minimum prison term for an alien who re-enters after being removed following a conviction for an aggravated felony or following two or more prior convictions for illegal re-entry.

Bill Text

• Introduced Introduced in Senate Current html January 05, 2017

Compared against current U.S. Code AI-generated reading aid — verify against the official bill.

The bill increases penalties for illegal reentry of removed aliens and makes several modifications to the existing law regarding reentry offenses.

• 8 U.S.C. 1326

  (a) In generalSubject to subsection (b), any alien who— → (a) In General.--Subject to subsections (b) and (c), any alien who--

  This change clarifies and reformats the introductory language for better readability.

• 8 U.S.C. 1326

  shall be fined under title 18, or imprisoned not more than 2 years, or both. → shall be fined under title 18, United States Code, imprisoned not more than five years, or both.

  This increases the maximum imprisonment for unlawful reentry from 2 years to 5 years.

• 8 U.S.C. 1326

  Notwithstanding subsection (a), in the case of any alien described in such subsection— → Notwithstanding the penalty under subsection (a), and except as provided in subsection (c), an alien described in subsection (a)--

  This change emphasizes exceptions to penalties based on specific subsections.

• 8 U.S.C. 1326

  (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, imprisoned not more than 10 years, or both; → (A) who was convicted before such removal or departure of three or more misdemeanors involving drugs, crimes against the person, or both, or a felony (other than an aggravated felony), shall be fined under title 18, United States Code, imprisoned not more than 10 years, or both;

  This specifies that the conviction must occur before removal or departure.

• 8 U.S.C. 1326

  (3) who has been excluded from the United States pursuant to section 1225(c) of this title because the alien was excludable under section 1182(a)(3)(B) of this title or who has been removed from the United States pursuant to the provisions of subchapter 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 and imprisoned for a period of 10 years, which sentence shall not run concurrently with any other sentence. → (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 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;

  This changes the references from the Attorney General to the Secretary of Homeland Security and updates the section numbers.

• 8 U.S.C. 1326

  (4) who was removed from the United States pursuant to section 1231(a)(4)(B) of this title 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, imprisoned for not more than 10 years, or both. → (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;

  This also changes the reference from the Attorney General to the Secretary of Homeland Security and updates the section numbers.

• 8 U.S.C. 1326

  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. → (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.

  This rephrases the definition of 'removal' to improve clarity.

• 8 U.S.C. 1326

  Attorney General → Secretary of Homeland Security

  This changes references to the Attorney General to the Secretary of Homeland Security throughout the amended statute.

Action History

1. January 05, 2017

   Introduced in Senate

2. January 05, 2017

   Read twice and referred to the Committee on the Judiciary.

Sponsors

• Ted Cruz · Primary

Subjects