How HR 5526 changes current law

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

The bill establishes new sentencing enhancements for illegal reentry offenses and clarifies the service of imprisonment for such offenses under U.S. law.

• 18 U.S.C. § 3584

  (d) Certain Immigration Offenses.--In the case of any defendant who is convicted of an offense under section 276 of the Immigration and Nationality Act (8 U.S.C. 1326)-- (1) if that defendant has committed any other offense while unlawfully present in the United States, the Federal term of imprisonment for the offense under such section 276 may not be concurrent with any State term of imprisonment for such other offense; and (2) no time served in a State facility or in any facility other than a facility administered by the Bureau of Prisons may be credited toward the service of the term of imprisonment for the offense under such section 276.

  This change prohibits concurrent sentencing with state prison terms for illegal reentry convictions and disallows credit for time served in non-federal facilities.

• 8 U.S.C. § 1326(b)

  or → ;

  This change prepares for the addition of new sentencing provisions for specific circumstances of unlawful reentry.

• 8 U.S.C. § 1326(b)

  . → ;

  This change prepares for the addition of new sentencing provisions for specific circumstances of unlawful reentry.

• 8 U.S.C. § 1326(b)

  (5) who, subsequent to removal and unlawful reentry, is determined by a criminal court of competent jurisdiction to have committed an act that resulted in injury to another person or persons, shall be fined under title 18, United States Code, and imprisoned for not less than 10 years and not more than 20 years; or (6) who, subsequent to removal and unlawful reentry, is determined by a criminal court of competent jurisdiction to have committed an act that resulted in the death of another person or persons, shall be fined under title 18, United States Code, and imprisoned for not less than 20 years and not more than 40 years.

  This addition establishes enhanced penalties for individuals who cause injury or death after unlawful reentry.