S. 2547: Kate's Law

This bill, known as Kate's Law, proposes amendments to the Immigration and Nationality Act to increase the penalties for certain actions by immigrants who illegally enter or re-enter the United States after being removed. Here are the main features of the bill:

Increased Penalties for Illegal Entry

The bill amends Section 275 of the Immigration and Nationality Act. Key changes include:

• Increasing the maximum imprisonment term for illegal entry from 2 years to 5 years.
• Establishing that if a person illegally enters or attempts to enter the U.S. and is later convicted of a crime punishable by imprisonment of more than 1 year, they will face a mandatory minimum prison sentence of 5 years.

Increased Penalties for Reentering After Removal

The bill also modifies Section 276, which addresses the penalties for individuals who re-enter the U.S. after being deported or removed. Changes include:

• Any individual who has been removed and then re-enters the U.S. could face fines and prison time of up to 10 years.
• There are stricter penalties for individuals who have been previously convicted of specific crimes or have multiple reentries. For instance, those with three or more misdemeanor convictions or those who have been previously removed multiple times may face up to 15 years of imprisonment.

Exceptions to Penalties

Under certain conditions, individuals may not face these enhanced penalties, such as:

• If the Secretary of Homeland Security provides consent for their readmission before they attempt to re-enter the U.S.
• If they were previously denied entry or removed and can prove they were under no obligation to seek consent to return.

Mandatory Minimum Sentences

The legislation establishes mandatory minimum sentences for certain re-entry offenses:

• For individuals with prior convictions for any aggravated felony, the minimum penalty is 10 years.
• The minimum also applies to individuals who have committed other significant crimes leading to their prior removal.

Scope of ‘Removal’

The bill clarifies that the term "removal" includes agreements where the individual has stipulated to be removed during legal proceedings, ensuring that those who have been removed cannot easily return without consequences.

Impact on Law Enforcement and Legal Proceedings

Law enforcement and immigration officials may face increased responsibilities in terms of investigating and processing cases involving individuals who illegally enter or re-enter the U.S. This may lead to changes in resources and allocation within immigration enforcement agencies.

Relevant Companies

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