H.R. 3486: Stop Illegal Entry Act

Stop Illegal Entry Act

This bill:

• Increases penalties for illegal entry:

• • The bill proposes to increase the maximum imprisonment for initial illegal entry from 2 years to 5 years.

  • It introduces a new provision where an alien who enters or attempts to enter illegally (e.g., not at a designated port of entry, eluding inspection, or through willful misrepresentation) and is subsequently convicted of any crime punishable by more than one year of imprisonment, shall face a fine and a minimum prison sentence of 5 years, with the possibility of imprisonment for any term of years or for life.

• Increases penalties for reentry after removal:

• • For aliens who reenter or attempt to reenter after being denied admission, excluded, deported, or removed, the general penalty is a fine and/or imprisonment for not more than 10 years, unless they have received express consent from the Secretary of Homeland Security to reapply for admission.

  • The bill introduces enhanced penalties for certain categories of removed aliens who reenter:

• • • Those previously convicted of 3 or more misdemeanors involving drugs or crimes against a person face fines and/or imprisonment up to 15 years.

    • Aliens removed on security or terrorism-related grounds who reenter without permission face fines and a 10-year prison sentence, which cannot run concurrently with other sentences.

    • Individuals removed due to involvement in terrorist activities who reenter without permission face fines and/or imprisonment for up to 10 years.

    • Aliens who have been denied admission, excluded, deported, or removed 3 or more times and reenter face fines and/or imprisonment up to 10 years.

• • The definition of "removal" is specified to include agreements where an alien stipulates to removal during or outside of a criminal trial.

• Establishes mandatory minimums for reentry with serious criminal history:

• • A significant change is the introduction of mandatory minimum sentences for reentering aliens who, before their removal, were convicted of:

• • • An aggravated felony.

    • Any crime defined as a felony by the relevant jurisdiction.

    • Any crime punishable by more than 1 year of imprisonment.

• • This also applies to aliens convicted at least twice for reentry of a removed alien before their subsequent removal.

  • These individuals may be fined and SHALL be imprisoned for not less than 10 years, with the possibility of imprisonment for any term of years or for life.

  In essence, the "Stop Illegal Entry Act" aims to deter illegal immigration primarily by substantially increasing the criminal consequences for illegal entry and reentry, with a particular focus on individuals who have prior criminal histories or have been repeatedly removed from the United States. It introduces lengthy mandatory minimum sentences and, in some cases, the possibility of life imprisonment.