Title: Illegal Immigration Penalty Enhancement Act of 2021
Policy area: Immigration

Summary:
Illegal Immigration Penalty Enhancement Act of 2021
This bill establishes criminal penalties for certain aliens who reenter the United States after deportation.
Specifically, an alien who does not have lawful immigration status and has reentered the United States after deportation shall be imprisoned for not less than five years in a federal correctional facility.
If an alien is convicted of this offense and another offense, the alien must serve the sentences for the offenses consecutively.

[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3530 Introduced in House (IH)]

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117th CONGRESS
  1st Session
                                H. R. 3530

 To amend the Immigration and Nationality Act to impose a penalty for 
              illegal immigration, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 25, 2021

Mr. Nehls (for himself and Mr. Reschenthaler) introduced the following 
       bill; which was referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
 To amend the Immigration and Nationality Act to impose a penalty for 
              illegal immigration, 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 TITLE.

    This Act may be cited as the ``Illegal Immigration Penalty 
Enhancement Act of 2021''.

SEC. 2. PENALTY FOR ILLEGAL IMMIGRATION.

    (a) In General.--Chapter 8 of Immigration and Nationality Act (8 
U.S.C. 1321 et seq.) is amended by adding after section 275 of the 
Immigration and Nationality Act (8 U.S.C. 125) the following new 
section:

``SEC. 275A. PENALTY FOR ILLEGAL IMMIGRATION.

    ``(a) Offense.--Notwithstanding any other provision of law, a 
certain illegal alien found to have reentered into the United States 
shall be imprisoned for a term of not less than five years in a Federal 
correctional facility.
    ``(b) Conviction for a Crime.--Notwithstanding any other provision 
of law, a certain illegal alien who is convicted of an offense under 
subsection (a) and an offense under State or Federal law shall serve 
such sentences consecutively with the penalty for the offense under 
subsection (a) being served in a Federal correctional facility.
    ``(c) Subsequent Entry.--The penalty under subsection (a) shall 
apply to each unlawful entry into the United States.
    ``(d) Certain Illegal Alien Defined.--In this section, the term 
`certain illegal alien' means an alien, who at the time of a commission 
of an offense under subsection (a)--
            ``(1) does not have lawful immigration status, including--
                    ``(A) an alien who entered the United States 
                without inspection, admission, or parole; or
                    ``(B) an alien whose lawful status has expired or 
                was rescinded, revoked, or otherwise terminated; and
            ``(2) has reentered the United States after being 
        deported.''.
    (b) Conforming Amendment.--The table of contents for the 
Immigration and Nationality Act is amended by inserting after the item 
relating to section 275 the following:

``Sec. 275A. Penalty for illegal immigration.''.
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