Kate's Law
Bill: S.890 | Sponsor: Sen. Cruz, Ted (R-TX)
Policy area: Immigration

Summary:
Stop Illegal Reentry Act or Kate's Law
This bill increases criminal penalties for certain aliens who illegally reenter the United States after removal or exclusion.
Generally, an alien who had been denied entry into or removed from the United States and who later enters or attempts to enter the United States without prior approval from the Department of Homeland Security shall be fined, imprisoned for up to five years, or both. Current law requires a fine, imprisonment for up to two years, or both, for such an alien.
An alien who had been denied entry or removed three or more times and who later enters or attempts to enter the United States shall be fined, imprisoned for up to 10 years, or both.
An alien who was convicted of an aggravated felony or convicted at least two times before removal or departure and who subsequently enters or tries to enter the United States shall be imprisoned at least five years and for up to twenty years, and may also be fined. Currently, there is no minimum term of imprisonment for an alien who reenters after a conviction for an aggravated felony, and there are no criminal penalties for a reentering alien who had been convicted at least two times (other than the penalties for illegal reentry generally).

To amend the Immigration and Nationality Act to increase penalties for 
    individuals who illegally reenter the United States after being 
                    removed, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

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, imprisoned 
        not more than 5 years, or both.
    ``(b) Criminal Penalties for Reentry of Certain Removed Aliens.--
            ``(1) In general.--Notwithstanding the penalty under 
        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 3 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 
                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 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, 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 in 
        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''.
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