Sec. 314. Penalties for illegal entry or presence
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Section 275 of the Immigration and Nationality Act ( 8 U.S.C. 1325 ) is amended to read as follows: An alien shall be subject to the penalties set forth in paragraph
(2)if the alien— knowingly enters or crosses the border into the United States at any time or place other than as designated by the Secretary of Homeland Security; knowingly eludes, at any time or place, examination or inspection by an authorized immigration, customs, or agriculture officer (including by failing to stop at the command of such officer); knowingly enters or crosses the border to the United States and, upon examination or inspection, knowingly makes a false or misleading representation or the knowing concealment of a material fact (including such representation or concealment in the context of arrival, reporting, entry, or clearance requirements of the customs laws, immigration laws, agriculture laws, or shipping laws); knowingly violates the terms or conditions of the alien’s admission or parole into the United States; or knowingly is unlawfully present in the United States (as defined in section 212(a)(9)(B)(ii) subject to the exceptions set forth in section 212(a)(9)(B)(iii)). Any alien who violates any provision under paragraph (1)— shall, for the first violation, be fined under title 18, United States Code, imprisoned not more than 6 months, or both; shall, for a second or subsequent violation, or following an order of voluntary departure, be fined under such title, imprisoned not more than 2 years (or not more than 6 months in the case of a second or subsequent violation of paragraph (1)(E)), or both; if the violation occurred after the alien had been convicted of three or more misdemeanors or for a felony, shall be fined under such title, imprisoned not more than 10 years, or both; if the violation occurred after the alien had been convicted of a felony for which the alien received a term of imprisonment of not less than 30 months, shall be fined under such title, imprisoned not more than 15 years, or both; and if the violation occurred after the alien had been convicted of a felony for which the alien received a term of imprisonment of not less than 60 months, such alien shall be fined under such title, imprisoned not more than 20 years, or both. The prior convictions described in subparagraphs
(C)through
(E)of paragraph
(2)are elements of the offenses described and the penalties in such subparagraphs shall apply only in cases in which the conviction or convictions that form the basis for the additional penalty are— alleged in the indictment or information; and proven beyond a reasonable doubt at trial or admitted by the defendant. An offense under this subsection continues until the alien is discovered within the United States by an immigration, customs, or agriculture officer. Whoever attempts to commit any offense under this section shall be punished in the same manner as for a completion of such offense. Any alien who is apprehended while entering, attempting to enter, or knowingly crossing or attempting to cross the border to the United States at a time or place other than as designated by immigration officers shall be subject to a civil penalty, in addition to any criminal or other civil penalties that may be imposed under any other provision of law, in an amount equal to— not less than $50 or more than $250 for each such entry, crossing, attempted entry, or attempted crossing; or twice the amount specified in paragraph
(1)if the alien had previously been subject to a civil penalty under this subsection. . The table of contents for the Immigration and Nationality Act is amended by striking the item relating to section 275 and inserting the following: Sec. 275. Illegal entry or presence. .
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Sec. 314
Penalties for illegal entry or presence
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