Sec. 1405. Penalties for illegal entry; enhanced penalties for entering with intent to aid, abet, or commit terrorism
1,089 words·~5 min read·
/bill/115/s/2192/pcs/section-1405A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Section 275 of the Immigration and Nationality Act ( 8 U.S.C. 1325 ) is amended by striking the section heading and subsections
(a)and
(b)and inserting the following: Any alien shall be ineligible for all immigration benefits or relief available under the immigration laws, including relief under section 240B, 245, 248, and 249, other than asylum, relief as a victim of trafficking under section 101(a)(15)(T), relief as a victim of criminal activity under section 101(a)(15)(U), relief as a VAWA self-petitioner, relief as a battered spouse or child under section 240A(b)(2), withholding of removal under section 241(b)(3), or protection from removal based on a claim under the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, done at New York, December 10, 1984, if the alien— enters, crosses, or attempts to enter or cross the border into the United States at any time or place other than as designated by immigration officers; eludes, at any time or place, examination or inspection by an authorized immigration, customs, or agriculture officer (including failing to stop at the command of such officer); or enters or crosses the border to the United States and, upon examination or inspection, makes a false or misleading representation or conceals a material fact, including such representation or willful concealment in the context of arrival, reporting, entry, or clearance, requirements of the customs laws, immigration laws, agriculture laws, or shipping laws. An alien shall be subject to the penalties under paragraph
(3)if the alien— enters, crosses, or attempts to enter or cross the border into the United States at any time or place other than as designated by immigration officers; eludes, at any time or place, examination or inspection by an authorized immigration, customs, or agriculture officer (including failing to stop at the command of such officer); or enters or crosses the border to the United States and, upon examination or inspection, makes a false or misleading representation or conceals 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. 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 both; if the violation occurred after the alien had been convicted of 3 or more misdemeanors (at least 1 of which involves controlled substances, abuse of a minor, trafficking or smuggling, or any offense that could result in serious bodily harm or injury to another person), a significant misdemeanor, or 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
(3)are elements of the offenses described in that paragraph 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. Any person who 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 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. Civil penalties under paragraph
(1)are in addition to, and not in place of, any criminal or other civil penalties that may be imposed. . Section 275 of the Immigration and Nationality Act, as amended by subsection (a), is further amended by adding at the end the following: Any alien who commits an offense described in subsection
(a)for the purpose of engaging in, or with the intent to engage in, any Federal crime of terrorism (as defined in section 2332b(g) of title 18, United States Code) shall be imprisoned for not less than 10 years and not more than 30 years. . The table of contents in the first section of the Immigration and Nationality Act is amended by striking the item relating to section 275 and inserting the following: Sec. 275. Illegal entry. . Section 275(a)(4) of the Immigration and Nationality Act, as amended by subsection (a), shall apply only to violations of section 275(a)(2) of such Act committed on or after the date of enactment of this Act. Section 275(a)(1) of such Act, as amended by subsection (a), shall take effect on the date of enactment and apply to any alien who, on or after the date of enactment— enters or crosses, or attempts to enter or cross, the border into the United States at any time or place other than as designated by immigration officers; eludes, at any time or place, examination or inspection by an authorized immigration, customs, or agriculture officer (including failing to stop at the command of such officer); or enters or crosses the border to the United States and, upon examination or inspection, makes a false or misleading representation or conceals 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.
Connectionstraces to 1
Traces to 1 document
U.S. Code
Citation graph
cites case law
Sec. 1405
Penalties for illegal entry; enhanced penalties for entering with intent to aid, abet, or commit terrorism
Cites 1Cited by 0 across 0 sources