(1) by redesignating subsections (c) and (d) as 
subsections (d) and (e), respectively; 
(2) by striking subsections (a) and (b) and in-
serting the following: 
‘‘(a) IN GENERAL.—Subject to subsections (b) and 
(c), any alien who— 
‘‘(1) has been denied admission, excluded, de-
ported, 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 contig-
uous territory, the Secretary of Homeland Se-
curity has expressly consented to such alien’s 
reapplying for admission; or 
‘‘(B) with respect to an alien previously de-
nied admission and removed, such alien shall 
establish that the alien was not required to ob-
tain 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. 
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‘‘(b) CRIMINAL PENALTIES FOR REENTRY OF CER-
TAIN REMOVED ALIENS.— 
‘‘(1) IN GENERAL.—Notwithstanding the pen-
alty under subsection (a), and except as provided in 
subsection (c), an alien described in subsection (a)— 
‘‘(A) who was convicted before such re-
moval or departure of 3 or more misdemeanors 
involving drugs, crimes against the person, or 
both, or a felony (other than an aggravated fel-
ony), 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) be-
cause 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 Sec-
retary of Homeland Security, enters the United 
States, or attempts to do so, shall be fined 
under title 18, United States Code, and impris-
oned for a period of 10 years, which sentence 
shall not run concurrently with any other sen-
tence; 
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‘‘(C) who was removed from the United 
States pursuant to section 241(a)(4)(B) who 
thereafter, without the permission of the Sec-
retary 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, ex-
cluded, 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’ includes 
any agreement in which an alien stipulates to re-
moval during (or not during) a criminal trial under 
either Federal or State law. 
‘‘(c) MANDATORY MINIMUM CRIMINAL PENALTY FOR 
REENTRY
OF CERTAIN REMOVED ALIENS.—Notwith-
standing the penalties provided in subsections (a) and (b), 
an alien described in subsection (a)— 
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‘‘(1) who was convicted before such removal or 
departure of an aggravated felony; or 
‘‘(2) who was convicted at least 2 times before 
such removal or departure of illegal reentry under 
this section, 
shall be imprisoned not less than 5 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 para-
graph (1)— 
(A) by striking ‘‘section 242(h)(2)’’ and in-
serting ‘‘section 241(a)(4)’’; and 
(B) by striking ‘‘Attorney General’’ and in-
serting ‘‘Secretary of Homeland Security’’. 
Æ 
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