Bill Summary
This legislation, known as "Kate's Law," aims to amend the Immigration and Nationality Act to increase penalties for individuals who illegally enter and reenter the United States after being removed. It also includes measures to increase criminal penalties for certain crimes committed by aliens who are unlawfully present in the US. The bill proposes to increase the minimum imprisonment time for illegal entry from 2 to 5 years and adds a new provision that imposes a minimum sentence of 5 years for aliens who have been convicted of a crime punishable by more than 1 year of imprisonment. It also includes provisions for increased penalties for reentry of removed aliens, including mandatory minimum sentences for aliens who have been convicted of certain crimes before being removed or who have been convicted of a violation of immigration law at least twice. The bill also makes changes to the process for obtaining consent to reapply for admission to the US and clarifies the roles of the Secretary of Homeland Security in the enforcement of these measures.
Possible Impacts
1. Individuals who have previously been deported or removed from the United States may face increased penalties and longer prison sentences if they reenter the country illegally, as stated in Section 3 of the bill. This could potentially affect immigrants who have family members in the United States and wish to reunite with them, but are unable to do so due to the risk of facing harsher consequences for illegal reentry.
2. The bill also allows for the imprisonment of up to 10 years for individuals who have been removed from the United States three or more times and continue to reenter the country illegally, as stated in Section 3(c)(D). This could disproportionately affect undocumented immigrants who may have a history of deportations and are trying to make a better life for themselves in the United States.
3. The bill also includes a mandatory minimum 10-year prison sentence for individuals who have been convicted of a felony or aggravated felony prior to their removal or deportation, as stated in Section 3(d). This could impact individuals who have a criminal history, including non-violent offenses, and are seeking to enter or reenter the United States. These individuals may face longer prison sentences and may struggle to reunite with their families or start a new life in the country.
[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 2547 Introduced in Senate (IS)]
<DOC>
119th CONGRESS
1st Session
S. 2547
To amend the Immigration and Nationality Act to increase penalties for
individuals who illegally enter and reenter the United States after
being removed, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
July 30, 2025
Mr. Cruz (for himself, Mr. Budd, Mr. Justice, and Mr. Ricketts)
introduced the following bill; which was read twice and referred to the
Committee on the Judiciary
_______________________________________________________________________
A BILL
To amend the Immigration and Nationality Act to increase penalties for
individuals who illegally enter and reenter the United States after
being removed, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Kate's Law''.
SEC. 2. COMMISSION OF CRIMES BY ALIENS WHO ARE UNLAWFULLY PRESENT IN
THE UNITED STATES.
Section 275 of the Immigration and Nationality Act (8 U.S.C. 1325)
is amended--
(1) in subsection (a), by striking ``2 years'' and
inserting ``5 years''; and
(2) by adding at the end the following:
``(e) Any alien who--
``(1)(A) enters or attempts to enter the United States at
any time or place other than as designated by immigration
officers;
``(B) eludes examination or inspection by immigration
officers; or
``(C) attempts to enter or obtains entry to the United
States by a willfully false or misleading representation or the
willful concealment of a material fact, and
``(2) thereafter is convicted of any crime punishable by
more than 1 year of imprisonment,
may be fined under title 18, United States Code, and shall be
imprisoned for a term of not less than 5 years.''.
SEC. 3. 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
(e) and (f), respectively;
(2) by striking subsections (a) and (b) and inserting the
following:
``(a) In General.--Except as provided in subsections (b), (c), and
(d), any alien who--
``(1) has been denied admission, excluded, deported,
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--
shall be fined under title 18, United States Code, imprisoned not more
than 10 years, or both.
``(b) Exceptions.--An alien shall not be subject to the penalty
under subsection (a) if--
``(1) the Secretary of Homeland Security has expressly
consented to such alien's reapplying for admission before the
alien's reembarkation at a place outside the United States or
the alien's application for admission from foreign contiguous
territory; or
``(2) an alien previously denied admission and removed
establishes that he or she alien was not required to obtain
such advance consent under this Act.
``(c) Criminal Penalties for Reentry of Certain Removed Aliens.--
``(1) In general.--Notwithstanding subsection (a), and
except as provided in subsection (d)--
``(A) an alien described in subsection (a) who was
convicted before such removal or departure of 3 or more
misdemeanors involving drugs, crimes against the
person, or both shall be fined under title 18, United
States Code, imprisoned not more than 15 years, or
both;
``(B) an alien described in subsection (a) 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 the provisions of 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) an alien described in subsection (a) 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) an alien described in subsection (a) who has
been denied admission, excluded, deported, or removed 3
or more times and thereafter enters, attempts to enter,
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 defined.--In this subsection and in
subsection (d), 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.
``(d) Mandatory Minimum Criminal Penalty for Reentry of Certain
Removed Aliens.--An alien described in subsection (a)--
``(1) who was convicted before such removal or departure
of--
``(A) any aggravated felony;
``(B) any crime defined as a felony by the relevant
jurisdiction (Federal, State, Tribal, or local) of
conviction; or
``(C) any crime punishable by more than 1 year of
imprisonment; or
``(2) who was convicted of a violation described in this
section at least twice before such removal or departure,
may be fined under title 18, United States Code, and shall be
imprisoned for not less than 10 years.''; and
(3) in subsection (e), 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''.
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