I 

111TH CONGRESS 

1ST SESSION H. R. 128 

To amend the Immigration and Nationality Act to strengthen the criminal 

consequences for certain violations, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JANUARY 6, 2009 

Mr. GALLEGLY introduced the following bill; which was referred to the 

Committee on the Judiciary 

A BILL 

To amend the Immigration and Nationality Act to strengthen 

the criminal consequences for certain violations, and for 

other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Respect for the Law 

5 Act of 2009’’. 

6 SEC. 2. CRIMINAL CONSEQUENCES WITH RESPECT TO VOL7 UNTARY DEPARTURE. 

8 Subsection (d) of section 240B of the Immigration 

9 and Nationality Act (8 U.S.C. 1229c(d)) is amended— 

10 (1) in the heading, by striking ‘‘CIVIL’’; 


hsrobinson on PROD1PC76 with BILLS
2 

•HR 128 IH

1 (2) in paragraph (1), by amending subpara2 graph (A) to read as follows: 

3 ‘‘(A) shall be imprisoned not less than 1 

4 and not more than 4 years and fined under title 

5 18, United States Code; and’’; 

6 (3) by redesignating paragraph (3) as para7 graph (4); and 

8 (4) by inserting after paragraph (2) the fol9 lowing: 

10 ‘‘(3) REENTRY OF DEPARTED ALIENS.—An 

11 alien who is permitted to depart voluntarily under 

12 this section and thereafter enters, attempts to enter, 

13 or is present in the United States in violation of law 

14 shall be imprisoned not less than 1 and not more 

15 than 2 years and fined under title 18, United States 

16 Code.’’. 

17 SEC. 3. CRIMINAL CONSEQUENCES WITH RESPECT TO FAIL18 URE OF A DEPORTABLE ALIEN TO DEPART 

19 OR APPEAR. 

20 Subsection (a) of section 243 of the Immigration and 

21 Nationality Act (8 U.S.C. 1253(a)) is amended— 

22 (1) in the heading, by inserting ‘‘FOR FAILURE

23 TO APPEAR AND’’ before ‘‘FOR FAILURE TO DE24 PART’’; and 

25 (2) in paragraph (1)— 


hsrobinson on PROD1PC76 with BILLS
3 

•HR 128 IH

1 (A) in subparagraph (C), by striking ‘‘or’’ 

2 at the end; 

3 (B) in subparagraph (D), by adding ‘‘or’’ 

4 at the end; 

5 (C) by inserting after subparagraph (D) 

6 the following: 

7 ‘‘(E) was ordered removed in absentia 

8 under section 240(b)(5)(A) (unless such order 

9 was rescinded or otherwise invalidated),’’; and 

10 (D) by striking the matter following sub11 paragraph (E) (as added by subparagraph (C)) 

12 and inserting the following: 

13 ‘‘shall be imprisoned not less than 1 and not more 

14 than 4 years (or imprisoned 10 years if the alien is 

15 a member of any of the classes described in para16 graph (1)(E), (2), (3), or (4) of section 237(a)) and 

17 fined under title 18, United States Code.’’. 

18 SEC. 4. CRIMINAL CONSEQUENCES WITH RESPECT TO RE19 ENTRY OF REMOVED ALIENS. 

20 Section 276 of the Immigration and Nationality Act 

21 (8 U.S.C. 1326) is amended— 

22 (1) in subsection (a), by striking the matter fol23 lowing paragraph (2) and inserting the following: 


hsrobinson on PROD1PC76 with BILLS
4 

•HR 128 IH

1 ‘‘shall be imprisoned not less than 1 and not more than 

2 2 years and fined under title 18, United States Code.’’; 

3 and 

4 (2) in subsection (b)— 

5 (A) in paragraph (1), by striking ‘‘shall be 

6 fined’’ and all that follows through ‘‘or both’’ 

7 and inserting ‘‘shall be imprisoned not less than 

8 3 and not more than 10 years and fined under 

9 title 18, United States Code’’; 

10 (B) in paragraph (2), by striking ‘‘shall be 

11 fined’’ and all that follows through ‘‘or both’’ 

12 and inserting ‘‘shall be imprisoned not less than 

13 10 and not more than 20 years and fined under 

14 title 18, United States Code’’; and 

15 (C) in paragraph (4), by striking ‘‘shall be 

16 fined’’ and all that follows through ‘‘or both’’ 

17 and inserting ‘‘shall be imprisoned not less than 

18 3 and not more than 10 years and fined under 

19 title 18, United States Code’’. 

20 SEC. 5. EXCLUSION OF ALIENS UNLAWFULLY PRESENT IN 

21 THE UNITED STATES FOR MORE THAN 6 

22 MONTHS. 

23 Section 212(a)(9)(B)(i) of the Immigration and Na24 tionality Act (8 U.S.C. 1182(a)(9)(B)(i)) is amended by 


hsrobinson on PROD1PC76 with BILLS
5 

•HR 128 IH

1 striking subclauses (I) and (II) and inserting the fol2 lowing: 

3 ‘‘(I) has been unlawfully present 

4 in the United States for a period of 

5 more than 180 days but less than 1 

6 year, unless the alien has subse7 quently remained outside of the 

8 United States for an uninterrupted 

9 period of at least 3 years, or 

10 ‘‘(II) has been unlawfully present 

11 in the United States for a period of 1 

12 year or more, unless the alien has 

13 subsequently remained outside of the 

14 United States for an uninterrupted 

15 period of at least 10 years,’’. 

Æ 


hsrobinson on PROD1PC76 with BILLS