212 
(2) by adding at the end the following: 
‘‘(6) For purposes of this subsection, the term ‘alien 
smuggling crime’ means any felony punishable under sec-
tion 274(a), 277, or 278 of the Immigration and Nation-
ality Act (8 U.S.C. 1324(a), 1327, and 1328).’’. 
SEC. 235. ILLEGAL ENTRY. 
(a) IN GENERAL.—Section 275 (8 U.S.C. 1325) is 
amended to read as follows: 
‘‘SEC. 275. ILLEGAL ENTRY. 
‘‘(a) IN GENERAL.— 
‘‘(1) CRIMINAL OFFENSES.—An alien shall be 
subject to the penalties set forth in paragraph (2) if 
the alien— 
‘‘(A) knowingly enters or crosses the bor-
der into the United States at any time or place 
other than as designated by the Secretary of 
Homeland Security; 
‘‘(B) knowingly eludes examination or in-
spection by an immigration officer (including 
failing to stop at the command of such officer), 
or a customs or agriculture inspection at a port 
of entry; or 
‘‘(C) knowingly enters or crosses the bor-
der to the United States by means of a willfully 
false or misleading representation or the know-
VerDate Aug 31 2005 
23:44 Mar 23, 2007
Jkt 059200
PO 00000
Frm 00212
Fmt 6652
Sfmt 6201
E:\BILLS\H1645.IH
H1645
ccoleman on PROD1PC60 with BILLS
213 
ing concealment of a material fact (including 
such representation or concealment in the con-
text of arrival, reporting, entry, or clearance re-
quirements of the customs laws, immigration 
laws, agriculture laws, or shipping laws). 
‘‘(2) CRIMINAL
PENALTIES.—Any alien who 
violates any provision under paragraph (1)— 
‘‘(A) shall, for the first violation, be fined 
under title 18, United States Code, imprisoned 
not more than 6 months, or both; 
‘‘(B) shall, for a second or subsequent vio-
lation, or following an order of voluntary depar-
ture, be fined under such title, imprisoned not 
more than 2 years, or both; 
‘‘(C) if the violation occurred after the 
alien had been convicted of 3 or more mis-
demeanors or for a felony, shall be fined under 
such title, imprisoned not more than 5 years, or 
both; 
‘‘(D) if the violation occurred after the 
alien had been convicted of a felony for which 
the alien received a term of imprisonment of 
not less than 30 months, shall be fined under 
such title, imprisoned not more than 10 years, 
or both; and 
VerDate Aug 31 2005 
23:44 Mar 23, 2007
Jkt 059200
PO 00000
Frm 00213
Fmt 6652
Sfmt 6201
E:\BILLS\H1645.IH
H1645
ccoleman on PROD1PC60 with BILLS
214 
‘‘(E) if the violation occurred after the 
alien had been convicted of a felony for which 
the alien received a term of imprisonment of 
not less than 60 months, such alien shall be 
fined under such title, imprisoned not more 
than 15 years, or both. 
‘‘(3) PRIOR
CONVICTIONS.—The prior convic-
tions described in subparagraphs (C) through (E) of 
paragraph (2) are elements of the offenses described 
in that paragraph and the penalties in such subpara-
graphs shall apply only in cases in which the convic-
tion or convictions that form the basis for the addi-
tional penalty are— 
‘‘(A) alleged in the indictment or informa-
tion; and 
‘‘(B) proven beyond a reasonable doubt at 
trial or admitted by the defendant. 
‘‘(4) ATTEMPT.—Whoever attempts to commit 
any offense under this section shall be punished in 
the same manner as for a completion of such of-
fense. 
‘‘(b) IMPROPER
TIME
OR
PLACE; CIVIL
PEN-
ALTIES.—Any alien who is apprehended while entering, at-
tempting to enter, or knowingly crossing or attempting to 
cross the border to the United States at a time or place 
VerDate Aug 31 2005 
23:44 Mar 23, 2007
Jkt 059200
PO 00000
Frm 00214
Fmt 6652
Sfmt 6201
E:\BILLS\H1645.IH
H1645
ccoleman on PROD1PC60 with BILLS
215 
other than as designated by immigration officers shall be 
subject to a civil penalty, in addition to any criminal or 
other civil penalties that may be imposed under any other 
provision of law, in an amount equal to— 
‘‘(1) not less than $50 or more than $250 for 
each such entry, crossing, attempted entry, or at-
tempted crossing; or 
‘‘(2) twice the amount specified in paragraph 
(1) if the alien had previously been subject to a civil 
penalty under this subsection.’’. 
(b) CLERICAL AMENDMENT.—The table of contents 
is amended by striking the item relating to section 275 
and inserting the following: 
‘‘Sec. 275. Illegal entry.’’. 
SEC. 236. ILLEGAL REENTRY. 
Section 276 (8 U.S.C. 1326) is amended to read as 
follows: 
‘‘SEC. 276. REENTRY OF REMOVED ALIENS. 
‘‘(a) REENTRY AFTER REMOVAL.—Any alien who 
has been denied admission, excluded, deported, or re-
moved, or who has departed the United States while an 
order of exclusion, deportation, or removal is outstanding, 
and subsequently 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 
VerDate Aug 31 2005 
23:44 Mar 23, 2007
Jkt 059200
PO 00000
Frm 00215
Fmt 6652
Sfmt 6201
E:\BILLS\H1645.IH
H1645
ccoleman on PROD1PC60 with BILLS
216 
18, United States Code, imprisoned not more than 2 
years, or both. 
‘‘(b) REENTRY
OF CRIMINAL OFFENDERS.—Not-
withstanding the penalty provided in subsection (a), if an 
alien described in that subsection— 
‘‘(1) was convicted for 3 or more misdemeanors 
or a felony before such removal or departure, the 
alien shall be fined under title 18, United States 
Code, imprisoned not more than 10 years, or both; 
‘‘(2) was convicted for a felony before such re-
moval or departure for which the alien was sen-
tenced to a term of imprisonment of not less than 
30 months, the alien shall be fined under such title, 
imprisoned not more than 15 years, or both; 
‘‘(3) was convicted for a felony before such re-
moval or departure for which the alien was sen-
tenced to a term of imprisonment of not less than 
60 months, the alien shall be fined under such title, 
imprisoned not more than 20 years, or both; 
‘‘(4) was convicted for 3 felonies before such re-
moval or departure, the alien shall be fined under 
such title, imprisoned not more than 20 years, or 
both; or 
‘‘(5) was convicted, before such removal or de-
parture, for murder, rape, kidnaping, or a felony of-
VerDate Aug 31 2005 
23:44 Mar 23, 2007
Jkt 059200
PO 00000
Frm 00216
Fmt 6652
Sfmt 6201
E:\BILLS\H1645.IH
H1645
ccoleman on PROD1PC60 with BILLS
217 
fense described in chapter 77 (relating to peonage 
and slavery) or 113B (relating to terrorism) of such 
title, the alien shall be fined under such title, impris-
oned not more than 20 years, or both. 
‘‘(c) REENTRY AFTER REPEATED REMOVAL.—Any 
alien who has been denied admission, excluded, deported, 
or removed 3 or more times and thereafter enters, at-
tempts 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, impris-
oned not more than 10 years, or both. 
‘‘(d) PROOF
OF PRIOR CONVICTIONS.—The prior 
convictions described in subsection (b) are elements of the 
crimes described in that subsection, and the penalties in 
that subsection shall apply only in cases in which the con-
viction or convictions that form the basis for the additional 
penalty are— 
‘‘(1) alleged in the indictment or information; 
and 
‘‘(2) proven beyond a reasonable doubt at trial 
or admitted by the defendant. 
‘‘(e) AFFIRMATIVE DEFENSES.—It shall be an af-
firmative defense to a violation of this section that— 
‘‘(1) prior to the alleged violation, the alien had 
sought and received the express consent of the Sec-
VerDate Aug 31 2005 
23:44 Mar 23, 2007
Jkt 059200
PO 00000
Frm 00217
Fmt 6652
Sfmt 6201
E:\BILLS\H1645.IH
H1645
ccoleman on PROD1PC60 with BILLS
218 
retary of Homeland Security to reapply for admis-
sion into the United States; 
‘‘(2) with respect to an alien previously denied 
admission and removed, the alien— 
‘‘(A) was not required to obtain such ad-
vance consent under this Act or any prior Act; 
and 
‘‘(B) had complied with all other laws and 
regulations governing the alien’s admission into 
the United States; 
‘‘(3) the prior order of removal was based on 
charges filed against the alien before the alien 
reached 18 years of age; or 
‘‘(4) the alien has been found eligible for pro-
tection from removal pursuant to section 208. 
‘‘(f) LIMITATION ON COLLATERAL ATTACK ON UN-
DERLYING REMOVAL ORDER.—In a criminal proceeding 
under this section, an alien may not challenge the validity 
of any prior removal order concerning the alien unless the 
alien demonstrates by clear and convincing evidence 
that— 
‘‘(1) the alien exhausted all administrative rem-
edies that may have been available to seek relief 
against the order; 
VerDate Aug 31 2005 
23:44 Mar 23, 2007
Jkt 059200
PO 00000
Frm 00218
Fmt 6652
Sfmt 6201
E:\BILLS\H1645.IH
H1645
ccoleman on PROD1PC60 with BILLS