(2) in paragraph (1), by amending subpara-
graph (A) to read as follows: 
‘‘(A) shall be imprisoned not less than 1 
and not more than 4 years and fined under title 
18, United States Code; and’’; 
(3) by redesignating paragraph (3) as para-
graph (4); and 
(4) by inserting after paragraph (2) the fol-
lowing: 
‘‘(3) REENTRY
OF
DEPARTED
ALIENS.—An 
alien who is permitted to depart voluntarily under 
this section and thereafter enters, attempts to enter, 
or is present in the United States in violation of law 
shall be imprisoned not less than 1 and not more 
than 2 years and fined under title 18, United States 
Code.’’. 
SEC. 3. CRIMINAL CONSEQUENCES WITH RESPECT TO FAIL-
URE OF A DEPORTABLE ALIEN TO DEPART 
OR APPEAR. 
Subsection (a) of section 243 of the Immigration and 
Nationality Act (8 U.S.C. 1253(a)) is amended— 
(1) in the heading, by inserting ‘‘FOR FAILURE 
TO APPEAR AND’’ before ‘‘FOR FAILURE TO DE-
PART’’; and 
(2) in paragraph (1)— 
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(A) in subparagraph (C), by striking ‘‘or’’ 
at the end; 
(B) in subparagraph (D), by adding ‘‘or’’ 
at the end; 
(C) by inserting after subparagraph (D) 
the following: 
‘‘(E) was ordered removed in absentia 
under section 240(b)(5)(A) (unless such order 
was rescinded or otherwise invalidated),’’; and 
(D) by striking the matter following sub-
paragraph (E) (as added by subparagraph (C)) 
and inserting the following: 
‘‘shall be imprisoned not less than 1 and not more 
than 4 years (or imprisoned 10 years if the alien is 
a member of any of the classes described in para-
graph (1)(E), (2), (3), or (4) of section 237(a)) and 
fined under title 18, United States Code.’’. 
SEC. 4. CRIMINAL CONSEQUENCES WITH RESPECT TO RE-
ENTRY OF REMOVED ALIENS. 
Section 276 of the Immigration and Nationality Act 
(8 U.S.C. 1326) is amended— 
(1) in subsection (a), by striking the matter fol-
lowing paragraph (2) and inserting the following: 
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‘‘shall be imprisoned not less than 1 and not more than 
2 years and fined under title 18, United States Code.’’; 
and 
(2) in subsection (b)— 
(A) in paragraph (1), by striking ‘‘shall be 
fined’’ and all that follows through ‘‘or both’’ 
and inserting ‘‘shall be imprisoned not less than 
3 and not more than 10 years and fined under 
title 18, United States Code’’; 
(B) in paragraph (2), by striking ‘‘shall be 
fined’’ and all that follows through ‘‘or both’’ 
and inserting ‘‘shall be imprisoned not less than 
10 and not more than 20 years and fined under 
title 18, United States Code’’; and 
(C) in paragraph (4), by striking ‘‘shall be 
fined’’ and all that follows through ‘‘or both’’ 
and inserting ‘‘shall be imprisoned not less than 
3 and not more than 10 years and fined under 
title 18, United States Code’’. 
SEC. 5. EXCLUSION OF ALIENS UNLAWFULLY PRESENT IN 
THE UNITED STATES FOR MORE THAN 6 
MONTHS. 
Section 212(a)(9)(B)(i) of the Immigration and Na-
tionality Act (8 U.S.C. 1182(a)(9)(B)(i)) is amended by 
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striking subclauses (I) and (II) and inserting the fol-
lowing: 
‘‘(I) has been unlawfully present 
in the United States for a period of 
more than 180 days but less than 1 
year, unless the alien has subse-
quently 
remained 
outside 
of 
the 
United States for an uninterrupted 
period of at least 3 years, or 
‘‘(II) has been unlawfully present 
in the United States for a period of 1 
year or more, unless the alien has 
subsequently remained outside of the 
United States for an uninterrupted 
period of at least 10 years,’’. 
Æ 
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