‘‘(C) Testimony by an immigration officer 
having personal knowledge of the facts con-
cerning the alien’s status or lack thereof. 
‘‘(2) VIDEOTAPED TESTIMONY.—Notwithstanding 
any provision of the Federal Rules of Evidence, the 
videotaped (or otherwise audiovisually preserved) dep-
osition of a witness to a violation of subsection (a) 
who has been deported or otherwise expelled from the 
United States, or is otherwise unavailable to testify, 
may be admitted into evidence in an action brought 
for that violation if the witness was available for 
cross examination at the deposition and the deposi-
tion otherwise complies with the Federal Rules of Evi-
dence. 
‘‘(f) DEFINITIONS.—For purposes of this section: 
‘‘(1) The term ‘lawful authority’ means permis-
sion, authorization, or license that is expressly pro-
vided for in the immigration laws of the United 
States or the regulations prescribed thereunder. Such 
term does not include any such authority secured by 
fraud or otherwise obtained in violation of law, nor 
does it include authority that has been sought but not 
approved. No alien shall be deemed to have lawful au-
thority to come to, enter, reside, remain, or be in the 
United States if such coming to, entry, residence, re-
maining, or presence was, is, or would be in violation 
of law. 
‘‘(2) The term ‘unlawful transit’ means travel, 
movement, or temporary presence that violates the 
laws of any country in which the alien is present, or 
any country from which or to which the alien is trav-
eling or moving.’’. 
(b) CLERICAL AMENDMENT.—The item relating to sec-
tion 274 in the table of contents of such Act is amended 
to read as follows: 
‘‘Sec. 274. Alien smuggling and related offenses.’’. 
SEC. 203. IMPROPER ENTRY BY, OR PRESENCE OF, ALIENS. 
Section 275 of the Immigration and Nationality Act 
(8 U.S.C. 1325) is amended— 
(1) in the section heading, by inserting ‘‘UNLAW-
FUL PRESENCE;’’ after ‘‘IMPROPER TIME OR PLACE;’’; 
(2) in subsection (a)— 
(A) by striking ‘‘Any alien’’ and inserting 
‘‘Except as provided in subsection (b), any 
alien’’; 
(B) by striking ‘‘or’’ before (3); 
(C) by inserting after ‘‘concealment of a 
material fact,’’ the following: ‘‘or (4) is otherwise 
present in the United States in violation of the 
immigration laws or the regulations prescribed 
thereunder,’’; and
(D) by striking ‘‘6 months’’ and inserting 
‘‘one year and a day’’; 
(3) in subsection (c)— 
(A) by striking ‘‘5 years’’ and inserting ‘‘10 
years’’; and 
(B) by adding at the end the following: ‘‘An 
offense under this subsection continues until the 
fraudulent nature of the marriage is discovered 
by an immigration officer.’’; 
(4) in subsection (d)— 
(A) by striking ‘‘5 years’’ and inserting ‘‘10 
years’’; 
(B) by adding at the end the following: ‘‘An 
offense under this subsection continues until the 
fraudulent nature of the commercial enterprise is 
discovered by an immigration officer.’’; and 
(5) by adding at the end the following new sub-
sections: 
‘‘(e)(1) Any alien described in paragraph (2)— 
‘‘(A) shall be fined under title 18, United States 
Code, imprisoned not more than 10 years, or both, if 
the offense described in such paragraph was com-
mitted subsequent to a conviction or convictions for 
commission of three or more misdemeanors involving
drugs, crimes against the person, or both, or a felony 
(other than an aggravated felony); or 
‘‘(B) shall be fined under title 18, United States 
Code, imprisoned not more than 20 years, or both, if 
such offense was committed subsequent to a conviction 
for commission of an aggravated felony. 
‘‘(2) An alien described in this paragraph is an alien 
who— 
‘‘(A) enters or attempts to enter the United 
States at any time or place other than as designated 
by immigration officers; 
‘‘(B) eludes examination or inspection by immi-
gration officers; 
‘‘(C) attempts to enter or obtains entry to the 
United States by a willfully false or misleading rep-
resentation or the willful concealment of a material 
fact; or 
‘‘(D) is otherwise present in the United States in 
violation of the immigration laws or the regulations 
prescribed thereunder. 
‘‘(3) The prior convictions in subparagraph (A) or (B) 
of paragraph (1) are elements of those crimes and the pen-
alties in those subparagraphs shall apply only in cases in 
which the conviction (or convictions) that form the basis 
for the additional penalty are alleged in the indictment or
information and are proven beyond a reasonable doubt at 
trial or admitted by the defendant in pleading guilty. Any 
admissible evidence may be used to show that the prior con-
viction is an aggravated felony or other qualifying crime, 
and the criminal trial for a violation of this section shall 
not be bifurcated. 
‘‘(4) An offense under subsection (a) or paragraph (1) 
of this subsection continues until the alien is discovered 
within the United States by immigration officers. 
‘‘(f) For purposes of this section, the term ‘attempts 
to enter’ refers to the general intent of the alien to enter 
the United States and does not refer to the intent of the 
alien to violate the law.’’. 
SEC. 204. REENTRY OF REMOVED ALIENS. 
Section 276 of the Immigration and Nationality Act 
(8 U.S.C. 1326) is amended— 
(1) in subsection (a)— 
(A) in paragraph (2), by striking all that 
follows ‘‘United States’’ the first place it appears 
and inserting a comma; 
(B) in the matter following paragraph (2), 
by striking ‘‘imprisoned not more than 2 years,’’ 
and inserting ‘‘imprisoned for a term of not less 
than 1 year and not more than 2 years,’’;