148 
more than 2 years, or both. For each subsequent unlawful 
entry or attempted entry in violation of this section, an 
alien shall be fined under title 18, United States Code, 
or imprisoned not more than 5 years, or both. 
‘‘(b) IMPROPER
TIME
OR
PLACE; CIVIL
PEN-
ALTIES.—Any alien who is apprehended while entering (or 
attempting to enter) the United States at a time or place 
other than as designated by immigration officers shall be 
subject to a civil penalty of— 
‘‘(1) at least $100 and not more than $10,000 
for each such entry (or attempted entry); or 
‘‘(2) three times the amount specified in para-
graph (1) in the case of an alien who has been pre-
viously subject to a civil penalty under this sub-
section. 
Civil penalties under this subsection are in addition to, 
and not in lieu of, any criminal or other civil penalties 
that may be imposed. 
‘‘(c) MARRIAGE FRAUD.—An individual who know-
ingly enters into a marriage for the purpose of evading 
any provision of the immigration laws shall be fined not 
more than $500,000, imprisoned not more than 10 years, 
or both. 
‘‘(d) IMMIGRATION-RELATED ENTREPRENEURSHIP 
FRAUD.—Any individual who knowingly established a
149 
commercial enterprise for the purpose of evading any pro-
vision of the immigration laws shall be fined not more than 
$500,000, or imprisoned not more than 10 years, or 
both.’’. 
SEC. 504. CIVIL AND CRIMINAL PENALTIES FOR ALIENS UN-
LAWFULLY PRESENT IN THE UNITED STATES. 
(a) IN GENERAL.—Title II of the Immigration and 
Nationality Act (8 U.S.C. 1151 et seq.) is amended by 
adding after section 275 the following new section: 
‘‘CRIMINAL PENALTIES FOR UNLAWFUL PRESENCE IN 
THE UNITED STATES 
‘‘SEC. 275A. (a) IN GENERAL.—In addition to any 
other violation, an alien present in the United States in 
violation of this Act shall be guilty of a misdemeanor and 
shall be fined under title 18, United States Code, impris-
oned not more than 1 year, or both. The assets of any 
alien present in the United States in violation of this Act 
shall be subject to forfeiture under title 19, United States 
Code. 
‘‘(b) AFFIRMATIVE DEFENSE.—It shall be an affirm-
ative defense to a violation of subsection (a) that the alien 
overstayed the time allotted under the alien’s visa due to 
an exceptional and extremely unusual hardship or physical 
illness that prevented the alien from leaving the United 
States by the required date.’’.
150 
(b) INCREASE IN CRIMINAL PENALTIES FOR ILLEGAL 
ENTRY.—Section 275(a) of the Immigration and Nation-
ality Act (8 U.S.C. 1325(a)) is amended by striking ‘‘6 
months,’’ and inserting ‘‘1 year,’’. 
(c) RULE OF CONSTRUCTION.—Nothing in this sec-
tion shall be construed to limit the authority of any State 
or political subdivision therein to enforce criminal trespass 
laws against aliens whom a law enforcement agency has 
verified to be present in the United States in violation of 
this Act. 
SEC. 505. INCREASED PENALTIES FOR REENTRY OF RE-
MOVED ALIENS. 
(a) IN GENERAL.—Subsection (a) of section 276 of 
the Immigration and Nationality Act (8 U.S.C. 1326) is 
amended to read as follows: 
‘‘(a) Subject to subsection (b), any alien shall be fined 
under title 18, United States Code, or imprisoned not 
more than 2 years, or both, 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, in 
the case of an alien previously denied admission and
151 
removed, the alien establishes that the alien was not 
required to obtain from the Secretary of Homeland 
Security advance consent to reapply for admission 
under this Act or any prior Act.’’. 
(b) CRIMINAL PENALTIES FOR REENTRY OF CER-
TAIN REMOVED ALIENS.—Subsection (b) of such section 
is amended— 
(1) in paragraph (3), by striking ‘‘sentence.’’ 
and inserting ‘‘sentence;’’; and 
(2) in paragraph (4), by striking ‘‘(unless the 
Attorney General has expressly consented to such 
alien’s reentry)’’. 
(c) REENTRY OF ALIENS REMOVED PRIOR TO COM-
PLETION OF IMPRISONMENT.—Subsection (c) of such sec-
tion is amended— 
(1) by inserting ‘‘(as in effect before the effec-
tive date of the amendments made by section 305 of 
the Illegal Immigration Reform and Immigrant Re-
sponsibility Act of 1996), or removed under section 
241(a)(4),’’ after ‘‘242(h)(2)’’; 
(2) by striking ‘‘(unless the Attorney General 
has expressly consented to such alien’s reentry)’’; 
(3) by inserting ‘‘or removal’’ after ‘‘time of de-
portation’’; and
152 
(4) by inserting ‘‘or removed’’ after ‘‘reentry of 
deported’’. 
(d) CHALLENGE
TO VALIDITY
OF ORDER.—Sub-
section (d) of such section is amended— 
(1) in the matter before paragraph (1), by 
striking ‘‘deportation order’’ and inserting ‘‘deporta-
tion or removal order’’; and 
(2) in paragraph (2), by inserting ‘‘or removal’’ 
after ‘‘deportation’’. 
(e) EFFECTIVE DATE.—The amendments made by 
this section shall take effect on the date of the enactment 
of this Act and shall apply to criminal proceedings involv-
ing aliens who enter, attempt to enter, or are found in 
the United States, after such date. 
SEC. 506. CIVIL AND CRIMINAL PENALTIES FOR DOCUMENT 
FRAUD, BENEFIT FRAUD, AND FALSE CLAIMS 
OF CITIZENSHIP. 
(a) CIVIL PENALTIES FOR DOCUMENT FRAUD.—Sec-
tion 274C(d)(3) of the Immigration and Nationality Act 
(8 U.S.C. 1324c(d)(3)) is amended— 
(1) in subparagraph (A), by striking ‘‘$250 and 
not more than $2,000’’ and inserting ‘‘$500 and not 
more than $4,000’’; and