Kate's Law

SECTION 1. SHORT TITLES.

    This Act may be cited as the ``Stop Illegal Reentry Act'' or as 
``Kate's Law''.

SEC. 2. INCREASED PENALTIES FOR REENTRY OF REMOVED ALIEN.

    Section 276 of the Immigration and Nationality Act (8 U.S.C. 1326) 
is amended--
            (1) by redesignating subsections (c) and (d) as subsections 
        (d) and (e), respectively;
            (2) by striking subsections (a) and (b) and inserting the 
        following:
    ``(a) In General.--Subject to subsections (b) and (c), any alien 
who--
            ``(1) has been denied admission, excluded, deported, 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 contiguous territory, the 
                Secretary of Homeland Security has expressly consented 
                to such alien's reapplying for admission; or
                    ``(B) with respect to an alien previously denied 
                admission and removed, such alien shall establish that 
                the alien was not required to obtain such advance 
                consent under this Act or any prior Act;
        shall be fined under title 18, United States Code, or 
        imprisoned not more than five years, or both.
    ``(b) Criminal Penalties for Reentry of Certain Removed Aliens.--
            ``(1) In general.--Notwithstanding the penalty provided in 
        subsection (a), and except as provided in subsection (c), an 
        alien described in subsection (a)--
                    ``(A) who was convicted before such removal or 
                departure of three or more misdemeanors involving 
                drugs, crimes against the person, or both, or a felony 
                (other than an aggravated felony), 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) because the alien was 
                excludable under section 212(a)(3)(B) or who has been 
                removed from the United States pursuant to the 
                provisions of title V, and who thereafter, without the 
                permission of the Secretary of Homeland Security, 
                enters the United States, or attempts to do so, shall 
                be fined under title 18, United States Code, and 
                imprisoned for a period of 10 years, which sentence 
                shall not run concurrently with any other sentence;
                    ``(C) who was removed from the United States 
                pursuant to section 241(a)(4)(B) who thereafter, 
                without the permission of the Secretary of Homeland 
                Security, enters, attempts to enter, or is at any time 
                found in, the United States (unless the Secretary of 
                Homeland Security has expressly consented to such 
                alien's reentry) 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, excluded, 
                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 subsection 
        (c), the term `removal' includes any agreement in which an 
        alien stipulates to removal during (or not during) a criminal 
        trial under either Federal or State law.
    ``(c) Mandatory Minimum Criminal Penalty for Reentry of Certain 
Removed Aliens.--Notwithstanding the penalties provided in subsections 
(a) and (b), an alien described in subsection (a)--
            ``(1) who was convicted before such removal or departure of 
        an aggravated felony; or
            ``(2) who was convicted at least two times before such 
        removal or departure of illegal reentry under this section;
shall be imprisoned not less than five 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 paragraph (1)--
                    (A) by striking ``section 242(h)(2)'' and inserting 
                ``section 241(a)(4)''; and
                    (B) by striking ``Attorney General'' and inserting 
                ``Secretary of Homeland Security''.

Summary: Stop Illegal Reentry Act or Kate's Law This bill amends the Immigration and Nationality Act to increase from two years to five years the maximum prison term for an alien who reenters after being denied admission, excluded, deported, or removed.  It establishes:   a 10-year maximum prison term for an alien who reenters after being denied admission, excluded, deported, or removed on 3 or more prior occasions; and  a 5-year mandatory minimum prison term for an alien who reenters after being removed following a conviction for an aggravated felony or following 2 or more prior convictions for illegal reentry.