I
119THCONGRESS
1
STSESSION H. R. 749
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.
IN THE HOUSE OF REPRESENTATIVES
JANUARY28, 2025
Mrs. B
ICE(for herself, Mr. ZINKE, Mrs. MILLERof Illinois, and Mr.
H
AMADEHof Arizona) introduced the following bill; which was referred
to the Committee on the Judiciary
A BILL
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 Representa-1
tives of the United States of America in Congress assembled, 2
SECTION 1. SHORT TITLES. 3
This Act may be cited as the ‘‘Stop Illegal Reentry 4
Act’’. 5
SEC. 2. INCREASED PENALTIES FOR REENTRY OF RE-6
MOVED ALIEN. 7
Section 276 of the Immigration and Nationality Act 8
(8 U.S.C. 1326) is amended— 9
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(1) by redesignating subsections (c) and (d) as 1
subsections (d) and (e), respectively; 2
(2) by striking subsections (a) and (b) and in-3
serting the following: 4
‘‘(a) I
NGENERAL.—Subject to subsections (b) and 5
(c), any alien who— 6
‘‘(1) has been denied admission, excluded, de-7
ported, or removed or has departed the United 8
States while an order of exclusion, deportation, or 9
removal is outstanding; and 10
‘‘(2) thereafter enters, attempts to enter, or is 11
at any time found in, the United States, unless— 12
‘‘(A) prior to the alien’s reembarkation at 13
a place outside the United States or the alien’s 14
application for admission from foreign contig-15
uous territory, the Secretary of Homeland Se-16
curity has expressly consented to such alien’s 17
reapplying for admission; or 18
‘‘(B) with respect to an alien previously de-19
nied admission and removed, such alien shall 20
establish that the alien was not required to ob-21
tain such advance consent under this Act or 22
any prior Act, 23
shall be fined under title 18, United States Code, 24
imprisoned not more than 5 years, or both. 25
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‘‘(b) CRIMINALPENALTIES FORREENTRY OFCER-1
TAINREMOVEDALIENS.— 2
‘‘(1) I
N GENERAL.—Notwithstanding the pen-3
alty under subsection (a), and except as provided in 4
subsection (c), an alien described in subsection (a)— 5
‘‘(A) who was convicted before such re-6
moval or departure of 3 or more misdemeanors 7
involving drugs, crimes against the person, or 8
both, or a felony (other than an aggravated fel-9
ony), shall be fined under title 18, United 10
States Code, imprisoned not more than 10 11
years, or both; 12
‘‘(B) who has been excluded from the 13
United States pursuant to section 235(c) be-14
cause the alien was inadmissible under section 15
212(a)(3)(B) or who has been removed from 16
the United States pursuant to title V, and who 17
thereafter, without the permission of the Sec-18
retary of Homeland Security, enters the United 19
States, or attempts to do so, shall be fined 20
under title 18, United States Code, and impris-21
oned for a period of 10 years, which sentence 22
shall not run concurrently with any other sen-23
tence; 24
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‘‘(C) who was removed from the United 1
States pursuant to section 241(a)(4)(B) who 2
thereafter, without the permission of the Sec-3
retary of Homeland Security, enters, attempts 4
to enter, or is at any time found in, the United 5
States, shall be fined under title 18, United 6
States Code, imprisoned for not more than 10 7
years, or both; and 8
‘‘(D) who has been denied admission, ex-9
cluded, deported, or removed 3 or more times 10
and thereafter enters, attempts to enter, crosses 11
the border to, attempts to cross the border to, 12
or is at any time found in the United States, 13
shall be fined under title 18, United States 14
Code, imprisoned not more than 10 years, or 15
both. 16
‘‘(2) R
EMOVAL DEFINED .—In this subsection 17
and in subsection (c), the term ‘removal’ includes 18
any agreement in which an alien stipulates to re-19
moval during (or not during) a criminal trial under 20
either Federal or State law. 21
‘‘(c) M
ANDATORYMINIMUMCRIMINALPENALTY FOR 22
R
EENTRY OF CERTAINREMOVEDALIENS.—Notwith-23
standing the penalties provided in subsections (a) and (b), 24
an alien described in subsection (a)— 25
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‘‘(1) who was convicted before such removal or 1
departure of an aggravated felony; or 2
‘‘(2) who was convicted at least 2 times before 3
such removal or departure of illegal reentry under 4
this section, 5
shall be imprisoned not less than 5 years and not more 6
than 20 years, and may, in addition, be fined under title 7
18, United States Code.’’; and 8
(3) in subsection (d), as redesignated by para-9
graph (1)— 10
(A) by striking ‘‘section 242(h)(2)’’ and in-11
serting ‘‘section 241(a)(4)’’; and 12
(B) by striking ‘‘Attorney General’’ and in-13
serting ‘‘Secretary of Homeland Security’’. 14
Æ
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