H.R. 749: Stop Illegal Reentry Act

This bill, known as the "Stop Illegal Reentry Act," proposes several changes to the Immigration and Nationality Act regarding individuals who have been removed from the United States and attempt to reenter. The key components of the bill are outlined below:

Increased Penalties for Illegal Reentry

The bill seeks to amend Section 276 of the Immigration and Nationality Act (8 U.S.C. 1326) to increase the penalties for aliens who reenter the U.S. after having been denied admission, excluded, deported, or removed. The following changes are proposed:

• Any alien who illegally reenters the U.S. after an official removal could face fines, imprisonment for up to 5 years, or both, unless they have received prior consent from the Secretary of Homeland Security to reapply for admission.

Enhanced Criminal Penalties

For certain aliens who fall under specific circumstances, the bill introduces heavier penalties:

• If an alien was convicted of three or more misdemeanors related to drugs or violent crimes before their removal, or a felony (excluding aggravated felonies), they may face up to 10 years of imprisonment for illegal reentry.
• If an alien has been excluded due to certain inadmissibility criteria and reenters without permission, they could also face up to 10 years of imprisonment.
• Aliens who have been removed on multiple occasions (three or more times) and attempt to reenter face similar penalties of up to 10 years.

Mandatory Minimum Sentences

The bill sets forth mandatory minimum penalties for a specific group of individuals:

• Aliens previously convicted of an aggravated felony would face a minimum of 5 years and a maximum of 20 years imprisonment if they attempt to reenter the U.S. after removal.
• Similarly, individuals with at least two prior convictions for illegal reentry would also face the same minimum mandatory sentence.

Definition of Removal

The bill clarifies that the term "removal" includes any agreements made by an alien during a criminal trial, regardless of whether the removal was negotiated as part of that process.

Administrative Changes

The bill also transitions certain responsibilities from the Attorney General to the Secretary of Homeland Security regarding the enforcement and administration of these penalties and definitions.

Relevant Companies

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