Sec. 1406. Penalties for reentry of removed aliens
1,960 words·~9 min read·
/bill/115/s/2192/pcs/section-1406A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
This section may be cited as the or Stop Illegal Reentry Act . Kate’s Law Section 276 of the Immigration and Nationality Act ( 8 U.S.C. 1326 ) is amended to read as follows: Any alien who has been denied admission, excluded, deported, or removed or has departed the United States while an order of exclusion, deportation, or removal is outstanding 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, after such denial, exclusion, deportation, removal, or departure, the alien enters, attempts to enter, crosses the border to, attempts to cross the border to, or is at any time found in, the United States, unless— if the alien is seeking admission more than 10 years after the date of the alien’s last departure from the United States, the Secretary, before the alien’s reembarkation at a place outside of the United States or the alien’s application for admission from a foreign contiguous territory, has expressly consented to such alien’s reapplying for admission; or with respect to an alien previously denied admission and removed, such alien establishes that the alien was not required to obtain such advance consent under this Act or any other Act.
Any alien who— has been denied admission, deported, or removed or has departed the United States while an order of deportation, or removal is outstanding; and after such denial, removal or departure, enters, attempts to enter, crosses the border to, attempts to cross the border to, or is at any time found in, the United States, unless— if the alien is seeking admission more than 10 years after the date of the alien’s last departure from the United States, the Secretary, before the alien’s reembarkation at a place outside the United States or the alien’s application for admission from a foreign contiguous territory, has expressly consented to such alien’s reapplying for admission; or with respect to an alien previously denied admission and removed, such alien establishes that the alien was not required to obtain such advance consent under this Act or any other Act, shall be fined under title 18, United States Code, imprisoned not more than 5 years, or both.
Notwithstanding the penalties under subsection (a)(2), and except as provided in subsection (c)— an alien described in subsection
(a)who has been excluded from the United States pursuant to section 235(c) because the alien was excludable under section 212(a)(3)(B) or who has been removed from the United States pursuant to the provisions of title V, and thereafter, without the permission of the Secretary, enters the United States, or attempts to enter the United States, shall be fined under title 18, United States Code, and imprisoned for a period of 15 years, which sentence shall not run concurrently with any other sentence; an alien described in subsection
(a)who was removed from the United States pursuant to section 237(a)(4)(B) and thereafter, without the permission of the Secretary, enters, attempts to enter, or is at any time found in, the United States (unless the Secretary has expressly consented to such alien’s reentry) shall be fined under title 18, United States Code, imprisoned for not more than 15 years, or both; and an alien described in subsection
(a)who has been denied admission, excluded, deported, or removed 2 or more times for any reason and thereafter enters, attempts to enter, crosses the border, attempts to cross the border, or is at any time found in the United States, shall be fined under title 18, United States Code, imprisoned not more than 15 years, or both. Notwithstanding the penalties under subsection (a)(2), and except as provided in subsection (h)— an alien described in subsection
(a)who was convicted, before the alien was subject to removal or departure, of a significant misdemeanor shall be fined under title 18, United States Code, imprisoned not more than 10 years, or both; an alien described in subsection
(a)who was convicted, before the alien was subject to removal or departure, of 2 or more misdemeanors involving drugs, crimes against the person, or both shall be fined under title 18, United States Code, imprisoned not more than 10 years, or both; an alien described in subsection
(a)who was convicted, before the alien was subject to removal or departure, of 3 or more misdemeanors for which the alien was sentenced to a term of imprisonment of not less than 90 days for each offense, or 12 months in the aggregate shall be fined under title 18, United States Code, imprisoned not more than 10 years, or both; an alien described in subsection
(a)who was convicted, before the alien was subject to removal or departure, of a felony for which the alien was sentenced to a term of imprisonment of not less than 30 months shall be fined under such title, imprisoned not more than 15 years, or both; an alien described in subsection
(a)who was convicted, before the alien was subject to removal or departure, of a felony for which the alien was sentenced to a term of imprisonment of not less than 60 months shall be fined under such title, imprisoned not more than 20 years, or both; an alien described in subsection
(a)who was convicted of 3 or more felonies of any kind shall be fined under such title, imprisoned not more than 25 years, or both; and an alien described in subsection
(a)who was convicted, before the alien was subject to removal or departure or after such removal or departure, for murder, rape, kidnapping, or a felony offense described in chapter 77 (relating to peonage and slavery) or 113B (relating to terrorism) of such title shall be fined under such title, imprisoned not more than 25 years, or both; Notwithstanding the penalties under subsections
(a)and (b), an alien described in subsection
(a)shall be imprisoned not less than 5 years and not more than 20 years, and may, in addition, be fined under title 18, United States Code, if the alien— was convicted, before the alien was subject to removal or departure, of an aggravated felony; or was convicted at least twice before such removal or departure of illegal reentry under this section. The prior convictions described in subsection (b)(2) are elements of the crimes described in that subsection, and the penalties in that subsection 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. It shall be an affirmative defense to a violation of this section that— before the alleged violation, the alien sought and received the express consent of the Secretary to reapply for admission into the United States; or with respect to an alien previously denied admission and removed, the alien— was not required to obtain such advance consent under this Act or any other Act; and had complied with all other laws and regulations governing the alien’s admission into the United States. In a criminal proceeding under this section, an alien may not challenge the validity of a removal order described in subsection (a), (b), or
(c)concerning the alien unless the alien demonstrates that— the alien exhausted any administrative remedies that may have been available to seek relief against the order; the deportation proceedings at which the order was issued improperly deprived the alien of the opportunity for judicial review; and the entry of the order was fundamentally unfair. Any alien removed pursuant to section 241(a)(4) who enters, attempts to enter, crosses the border to, attempts to cross the border to, or is at any time found in, the United States— shall be incarcerated for the remainder of the sentence of imprisonment that was pending at the time of deportation without any reduction for parole or supervised release unless the alien affirmatively demonstrates that the Secretary has expressly consented to the alien’s reentry (if a request for consent to reapply is authorized under this section); and shall be subject to such other penalties relating to the reentry of removed aliens as may be available under this section or any other provision of law. In this section: The term crosses the border refers to the physical act of crossing the border, regardless of whether the alien is free from official restraint. The term felony means any criminal offense punishable by a term of imprisonment of more than 1 year under the laws of the United States, any State, or a foreign government. The term misdemeanor means any criminal offense punishable by a term of imprisonment of not more than 1 year under the applicable laws of the United States, any State, or a foreign government. The term removal includes any denial of admission, deportation, or removal, or any agreement by which an alien stipulates or agrees to deportation, or removal. The term significant misdemeanor means a misdemeanor crime that— involves the use or attempted use of physical force, or threatened use of a deadly weapon, committed by a current or former spouse, parent, or guardian of the victim, by a person with whom the victim shares a child in common, by a person who is cohabiting with or has cohabited with the victim as a spouse, parent, or guardian, or by a person similarly situated to a spouse, parent, or guardian of the victim; is a sexual assault (as such term is defined in section 40002(a)(29) of the Violent Crime Control and Law Enforcement Act of 1994 ( 42 U.S.C. 13925(a)(29) ); involved the unlawful possession of a firearm (as such term is defined in section 921 of title 18, United States Code); is a crime of violence (as defined in section 16 of title 18, United States Code); or is an offense under Federal, State, or Tribal law, that has, as an element, the use or attempted use of physical force or the threatened use of physical force or a deadly weapon. The term State means a State of the United States, the District of Columbia, and any commonwealth, territory, or possession of the United States. . Section 276(a)(1), as amended by subsection (b), shall take effect on the date of the enactment of this Act and shall apply to any alien who, on or after such date of enactment— has been denied admission, excluded, deported, or removed or has departed the United States while an order of exclusion, deportation, or removal is outstanding; and after such denial, exclusion, deportation or removal, enters, attempts to enter, crosses the border to, attempts to cross the border to, or is at any time found in, the United States, unless— if the alien is seeking admission more than 10 years after the date of the alien’s last departure from the United States, the Secretary of Homeland Security, before the alien’s reembarkation at a place outside the United States or the alien’s application for admission from a foreign contiguous territory, has expressly consented to such alien’s reapplying for admission; or with respect to an alien previously denied admission and removed, such alien establishes that the alien was not required to obtain such advance consent under the Immigration and Nationality Act ( 8 U.S.C. 1101 et seq.) or any other Act.
Connectionstraces to 3
Traces to 3 documents
Citation graph
cites case law
Cites 3Cited by 0 across 0 sources