Kate's Law

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. Short titles This Act may be cited as the Stop Illegal Reentry Act Kate's Law 2. Increased penalties for reentry of removed alien Section 276 of the Immigration and Nationality Act ( 8 U.S.C. 1326 (1) by redesignating subsections (c) and (d) as subsections (d) and (e), respectively; (2) by striking subsections (a) and (b) and inserting the following: (a) In general Subject to subsections (b) and (c), 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 (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 shall establish that the alien was not required to obtain such advance consent under this Act or any prior Act, shall be fined under title 18, United States Code, imprisoned not more than 5 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, 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; (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; (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, crosses the border to, attempts to cross the border to, 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 (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 an aggravated felony; or (2) who was convicted at least two times before such removal or departure of illegal reentry under this section, shall be imprisoned not less than five years and not more than 20 years, and may, in addition, be fined under title 18, United States Code. ; and (3) in subsection (d), as redesignated by paragraph (1)— (A) by striking section 242(h)(2) section 241(a)(4) (B) by striking Attorney General Secretary of Homeland Security

Summary: Stop Illegal Reentry Act or Kate's Law This bill increases criminal penalties for certain non-U.S. nationals (aliens under federal law) who illegally reenter the United States after removal or exclusion. Generally, an individual who had been denied entry into or removed from the United States and who later enters or attempts to enter the United States without prior approval from the Department of Homeland Security shall be fined, imprisoned for up to five years, or both. Current law requires a fine, imprisonment for up to two years, or both, for such an individual. An individual who had been denied entry or removed three or more times and who later enters or attempts to enter the United States shall be fined, imprisoned for up to 10 years, or both. An individual who was convicted of an aggravated felony or convicted at least two times before removal or departure and who subsequently enters or tries to enter the United States shall be imprisoned at least five years and for up to twenty years, and may also be fined. Currently, there is no minimum term of imprisonment for an individual who reenters after a conviction for an aggravated felony, and there are no criminal penalties for a reentering individual who had been convicted at least two times (other than the penalties for illegal reentry generally).