119th Congress (2025-2026)

HR 749

Stop Illegal Reentry Act

Introduced

Jurisdiction

US Congress

Session

119th Congress (2025-2026)

Official source

Chamber

House

Session

119th Congress (2025-2026)

Jurisdiction

US Congress

Bill overview

The Stop Illegal Reentry Act increases penalties for non-U.S. nationals who illegally re-enter the United States after being removed or excluded. Generally, individuals facing these penalties could be fined, imprisoned for up to five years, or both. However, the bill significantly raises the potential prison sentence to up to 10 years for those with multiple prior removals or convictions, particularly those convicted of aggravated felonies. It also establishes a mandatory minimum prison sentence of five to twenty years for certain re-entry offenses.

Key provisions

Increases the maximum prison sentence for illegal reentry to up to 10 years for certain individuals.
Establishes a mandatory minimum prison sentence of 5 to 20 years for re-entry after specific convictions (e.g., aggravated felony, multiple prior offenses).
Specifies that prior consent from Homeland Security is required before re-applying for admission or re-embarking.
Increases penalties for individuals previously excluded due to inadmissibility.
Addresses the definition of ‘removal’ to include stipulations to removal during criminal trials.
Modifies existing law to require the Secretary of Homeland Security instead of the Attorney General to enforce these penalties.
Clarifies the application of penalties for individuals previously denied admission and removed multiple times.
Addresses specific re-entry offenses related to convictions for drug crimes, crimes against persons, or aggravated felonies.

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Legislative history

2025-01-28House

Referred to the House Committee on the Judiciary.

2025-01-28

Introduced in House

2025-01-28

Introduced in House

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Jan 28, 2025XMLView source

119th CONGRESS — 1st Session

H. R. 749

IN THE HOUSE OF REPRESENTATIVES

A BILL

To amend the Immigration and Nationality Act to increase penalties for individuals who illegally reenter the United States after being removed, and for other purposes.

1.Short titles

This Act may be cited as the

Stop Illegal Reentry Act

2.Increased penalties for reentry of removed alien

Section 276 of the Immigration and Nationality Act (8 U.S.C. 1326) is amended—

(1)by redesignating subsections (c) and (d) as subsections (d) and (e), respectively;

(2)

by striking subsections (a) and (b) and inserting the following:

(a)In generalSubject to subsections (b) and (c), any alien who—

(1)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

(2)thereafter enters, attempts to enter, or is at any time found in, the United States, unless—

(A)prior to the alien’s reembarkation at a place outside the United States or the alien’s application for admission from foreign contiguous territory, the Secretary of Homeland Security has expressly consented to such alien’s reapplying for admission; or

(B)with respect to an alien previously denied admission and removed, such alien shall establish that the alien was not required to obtain such advance consent under this Act or any prior Act,

shall be fined under title 18, United States Code, imprisoned not more than 5 years, or both.

(b)Criminal penalties for reentry of certain removed aliens

(1)In generalNotwithstanding the penalty under subsection (a), and except as provided in subsection (c), an alien described in subsection (a)—

(A)who was convicted before such removal or departure of 3 or more misdemeanors involving drugs, crimes against the person, or both, or a felony (other than an aggravated felony), shall be fined under title 18, United States Code, imprisoned not more than 10 years, or both;

(B)who has been excluded from the United States pursuant to section 235(c) because the alien was inadmissible under section 212(a)(3)(B) or who has been removed from the United States pursuant to title V, and who thereafter, without the permission of the Secretary of Homeland Security, enters the United States, or attempts to do so, shall be fined under title 18, United States Code, and imprisoned for a period of 10 years, which sentence shall not run concurrently with any other sentence;

(C)who was removed from the United States pursuant to section 241(a)(4)(B) who thereafter, without the permission of the Secretary of Homeland Security, enters, attempts to enter, or is at any time found in, the United States, shall be fined under title 18, United States Code, imprisoned for not more than 10 years, or both; and

(D)who has been denied admission, excluded, deported, or removed 3 or more times and thereafter 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 fined under title 18, United States Code, imprisoned not more than 10 years, or both.

(2)Removal definedIn this subsection and in subsection (c), the term removal includes any agreement in which an alien stipulates to removal during (or not during) a criminal trial under either Federal or State law.

(c)Mandatory minimum criminal penalty for reentry of certain removed aliensNotwithstanding the penalties provided in subsections (a) and (b), an alien described in subsection (a)—

(1)who was convicted before such removal or departure of an aggravated felony; or

(2)who was convicted at least 2 times before such removal or departure of illegal reentry under this section,

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.

; and

(3)in subsection (d), as redesignated by paragraph (1)—

(A)by striking section 242(h)(2) and inserting section 241(a)(4); and

(B)

by striking Attorney General and inserting Secretary of Homeland Security.

HR 749

Bill overview

Key provisions

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