Stop Illegal Entry Act of 2025
Officially: “Stop Illegal Entry Act of 2025” Read the full text
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1Short title
This section says the Act may be called the Stop Illegal Entry Act.
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1. Short title This Act may be cited as the Stop Illegal Entry Act .
2Commission of crimes by aliens unlawfully present in the United States
This section would amend section 275 of the Immigration and Nationality Act (8 U.S.C. 1325). It would raise the maximum prison term stated in subsection (a) from 2 years to 5 years. It would also add a new subsection (e) covering any alien who enters or attempts to enter the United States at a time or place not designated by immigration officers, or who eludes examination or inspection by immigration officers, or who attempts to enter or obtains entry by a willfully false or misleading statement or by willfully concealing a material fact, and who is later convicted of any crime punishable by more than 1 year of imprisonment. Such an alien could be fined under title 18 of the United States Code and would have to be imprisoned for at least 5 years, with a maximum sentence of any term of years or life.
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2. Commission of crimes by aliens unlawfully present in the United States Section 275 of the Immigration and Nationality Act ( 8 U.S.C. 1325 ) is amended— (1) in subsection (a), by striking 2 years and inserting 5 years ; and (2) by adding at the end the following: (e) Any alien— (1) 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 immigration officers, or (C) attempts to enter or obtains entry to the United States by a willfully false or misleading representation or the willful concealment of a material fact, and (2) thereafter is convicted of any crime punishable by more than 1 year of imprisonment, may be fined under title 18, United States Code, and shall be imprisoned not less than 5 years and may be imprisoned for any term of years or for life. .
3Increased penalties for reentry of removed alien
This section would amend section 276 of the Immigration and Nationality Act (8 U.S.C. 1326), which covers aliens who reenter the United States after being removed. It renumbers the current subsections (c) and (d) as (d) and (e), and it replaces the current subsections (a) and (b) with new text. New subsection (a) would apply to any alien who has been denied admission, excluded, deported, removed, or has departed the United States while an order of exclusion, deportation, or removal was outstanding, and who afterward enters, attempts to enter, or is at any time found in the United States. This rule would not apply if, before 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 had expressly consented to the alien's reapplying for admission, or if the alien was previously denied admission and removed and establishes that advance consent was not required under this or a prior Act. Subject to subsections (b) and (c), such an alien would be fined under title 18 and could be imprisoned for up to 10 years, or both. New subsection (b), notwithstanding the penalty in subsection (a) and except as subsection (c) provides, sets separate penalties for certain removed aliens described in subsection (a): an alien convicted before removal or departure of 3 or more misdemeanors involving drugs, crimes against the person, or both, would be fined and could be imprisoned for up to 15 years; an alien who was excluded under section 235(c) for being inadmissible under section 212(a)(3)(B), or who was removed under the provisions of title V, and who afterward enters or attempts to enter the United States without the permission of the Secretary of Homeland Security, would be fined and imprisoned for a fixed term of 10 years, and that sentence could not run concurrently with any other sentence; an alien removed under section 241(a)(4)(B) who afterward enters, attempts to enter, or is at any time found in the United States without the Secretary's permission would be fined and could be imprisoned for up to 10 years; and an alien who has been denied admission, excluded, deported, or removed 3 or more times, and who afterward enters, attempts to enter, or is at any time found in the United States, would be fined and could be imprisoned for up to 10 years. For purposes of this subsection and subsection (c), removal would include any agreement in which the alien stipulates to removal, whether during or not during a criminal trial under federal or state law. New subsection (c), notwithstanding the penalties in subsections (a) and (b), sets a mandatory minimum for an alien described in subsection (a) who was convicted before removal or departure of any aggravated felony, any crime that is a felony under the relevant federal, state, tribal, or local jurisdiction, or any crime punishable by more than 1 year of imprisonment, or who was convicted under this section at least 2 times before removal or departure: such an alien could be fined and would have to be imprisoned for at least 10 years, with a maximum sentence of any term of years or life. The section also changes the subsection redesignated as (d): its cross-reference to section 242(h)(2) becomes a reference to section 241(a)(4), and its references to the Attorney General become references to the Secretary of Homeland Security.
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3. 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, 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 establishes that the alien was not required to obtain such advance consent under this or any prior Act, shall be fined under title 18, United States Code, imprisoned not more than 10 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 shall be fined under title 18, United States Code, imprisoned not more than 15 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 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, 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, 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— (A) any aggravated felony; (B) any crime defined as a felony by the relevant jurisdiction (Federal, State, Tribal, or local) of conviction; or (C) any crime punishable by more than 1 year of imprisonment; or (2) who was convicted under this section at least 2 times before such removal or departure, may be fined under title 18, United States Code, and shall be imprisoned not less than 10 years and may be imprisoned for any term of years or for life. ; 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 .
Where it is
In the House.