II 

Calendar No. 276 

114TH CONGRESS 

1ST SESSION S. 2193 

To amend the Immigration and Nationality Act to increase penalties for 

individuals who illegally reenter the United States after being removed 

and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

OCTOBER 21, 2015 

Mr. CRUZ (for himself, Mr. GRASSLEY, Mr. VITTER, Mr. PERDUE, and Mr. 

RUBIO) introduced the following bill; which was read the first time 

OCTOBER 22, 2015 

Read the second time and placed on the calendar 

A BILL 

To amend the Immigration and Nationality Act to increase 

penalties for individuals who illegally reenter the United 

States after being removed 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 TITLES. 

4 This Act may be cited as the ‘‘Stop Illegal Reentry 

5 Act’’ or as ‘‘Kate’s Law’’. 


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1 SEC. 2. INCREASED PENALTIES FOR REENTRY OF RE2 MOVED ALIEN. 

3 Section 276 of the Immigration and Nationality Act 

4 (8 U.S.C. 1326) is amended— 

5 (1) by redesignating subsections (c) and (d) as 

6 subsections (d) and (e), respectively; 

7 (2) by striking subsections (a) and (b) and in8 serting the following: 

9 ‘‘(a) IN GENERAL.—Subject to subsections (b) and 

10 (c), any alien who— 

11 ‘‘(1) has been denied admission, excluded, de12 ported, or removed or has departed the United 

13 States while an order of exclusion, deportation, or 

14 removal is outstanding; and 

15 ‘‘(2) thereafter enters, attempts to enter, or is 

16 at any time found in, the United States, unless— 

17 ‘‘(A) prior to the alien’s reembarkation at 

18 a place outside the United States or the alien’s 

19 application for admission from foreign contig20 uous territory, the Secretary of Homeland Se21 curity has expressly consented to such alien’s 

22 reapplying for admission; or 

23 ‘‘(B) with respect to an alien previously de24 nied admission and removed, such alien shall 

25 establish that the alien was not required to obVerDate Sep 11 2014 20:57 Oct 22, 2015 Jkt 059200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S2193.PCS S2193

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1 tain such advance consent under this Act or 

2 any prior Act; 

3 shall be fined under title 18, United States Code, or 

4 imprisoned not more than five years, or both. 

5 ‘‘(b) CRIMINAL PENALTIES FOR REENTRY OF CER6 TAIN REMOVED ALIENS.— 

7 ‘‘(1) IN GENERAL.—Notwithstanding the pen8 alty provided in subsection (a), and except as pro9 vided in subsection (c), an alien described in sub10 section (a)— 

11 ‘‘(A) who was convicted before such re12 moval or departure of three or more mis13 demeanors involving drugs, crimes against the 

14 person, or both, or a felony (other than an ag15 gravated felony), shall be fined under title 18, 

16 United States Code, imprisoned not more than 

17 10 years, or both; 

18 ‘‘(B) who has been excluded from the 

19 United States pursuant to section 235(c) be20 cause the alien was excludable under section 

21 212(a)(3)(B) or who has been removed from 

22 the United States pursuant to the provisions of 

23 title V, and who thereafter, without the permis24 sion of the Secretary of Homeland Security, en25 ters the United States, or attempts to do so, 


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1 shall be fined under title 18, United States 

2 Code, and imprisoned for a period of 10 years, 

3 which sentence shall not run concurrently with 

4 any other sentence; 

5 ‘‘(C) who was removed from the United 

6 States pursuant to section 241(a)(4)(B) who 

7 thereafter, without the permission of the Sec8 retary of Homeland Security, enters, attempts 

9 to enter, or is at any time found in, the United 

10 States (unless the Secretary of Homeland Secu11 rity has expressly consented to such alien’s re12 entry) shall be fined under title 18, United 

13 States Code, imprisoned for not more than 10 

14 years, or both; and 

15 ‘‘(D) who has been denied admission, ex16 cluded, deported, or removed 3 or more times 

17 and thereafter enters, attempts to enter, crosses 

18 the border to, attempts to cross the border to, 

19 or is at any time found in the United States, 

20 shall be fined under title 18, United States 

21 Code, imprisoned not more than 10 years, or 

22 both. 

23 ‘‘(2) REMOVAL DEFINED.—In this subsection 

24 and subsection (c), the term ‘removal’ includes any 

25 agreement in which an alien stipulates to removal 


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1 during (or not during) a criminal trial under either 

2 Federal or State law. 

3 ‘‘(c) MANDATORY MINIMUM CRIMINAL PENALTY FOR

4 REENTRY OF CERTAIN REMOVED ALIENS.—Notwith5 standing the penalties provided in subsections (a) and (b), 

6 an alien described in subsection (a)— 

7 ‘‘(1) who was convicted before such removal or 

8 departure of an aggravated felony; or 

9 ‘‘(2) who was convicted at least two times be10 fore such removal or departure of illegal reentry 

11 under this section; 

12 shall be imprisoned not less than five years and not more 

13 than 20 years, and may, in addition, be fined under title 

14 18, United States Code.’’; and 

15 (3) in subsection (d), as redesignated by para16 graph (1)— 

17 (A) by striking ‘‘section 242(h)(2)’’ and in18 serting ‘‘section 241(a)(4)’’; and 

19 (B) by striking ‘‘Attorney General’’ and in20 serting ‘‘Secretary of Homeland Security’’. 


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Calendar No. 276 

114TH CONGRESS 

1ST SESSION S. 2193 

A BILL 

To amend the Immigration and Nationality Act to 

for other purposes. enter the United States after being removed and increase penalties for individuals who illegally reOCTOBER 22, 2015 

Read the second time and placed on the calendar 


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