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IN THE SENATE OF THE UNITED STATES
 

Mr. King (for himself, Mr. Cruz, Mr. Perdue, Mr. Grassley, Mr. Johnson, Mr. Rubio, Mr. Inhofe, Mr. Sasse, Mr. Wicker, Mr. Boozman, and Mr. Cotton) 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 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 TITLES.

This Act may be cited as the “Stop Illegal Reentry Act” or as “Kate's Law”.

SEC. 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 General.—Subject 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 five years, or both.

“(b) Criminal Penalties For Reentry Of Certain Removed Aliens.—

“(1) IN GENERAL.—Notwithstanding 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 three 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 three 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 DEFINED.—In 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 Aliens.—Notwithstanding 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 two times before such removal or departure of illegal reentry under this section,

shall be imprisoned not less than five 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”.

SEC. 3. USE OF CERTAIN FORFEITED CRIMINAL PROCEEDS FOR THE HOUSING OF ILLEGAL ALIENS IN FEDERAL PRISONS.

Notwithstanding any other provision of law, any illegally obtained profits resulting from any criminal drug trafficking enterprise led by Joaquin Archivaldo Guzman Loera (commonly known as “El Chapo”), which are criminally forfeited to the United States Government as a result of the conviction of Mr. Guzman Loera in Federal district court, shall be reserved for the housing of illegal aliens in federal prisons for the purpose of protecting the American public.

SEC. 4. USE OF FORFEITED CRIMINAL PROCEEDS OF OTHER CONVICTED CARTEL MEMBERS.

Notwithstanding any other provision of law, any funds that are criminally forfeited to the United States Government as the result of a felony conviction in a Federal district court of a member of a drug cartel—an individual engaging in a continuing criminal enterprise involving knowingly and intentionally distributing a controlled substance, intending and knowing that such substance would be unlawfully imported into the United States from a place outside of the United States—shall be reserved for the housing of illegal aliens in federal prisons, for the purpose of protecting the American public.

Edited by Macmillan

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On 4/30/2018 at 5:36 PM, Enzo said:
IN THE SENATE OF THE UNITED STATES
 

Mr. King (for himself, Mr. Cruz, Mr. Perdue, Mr. Grassley, Mr. Johnson, Mr. Rubio, Mr. Inhofe, Mr. Sasse, Mr. Wicker, Mr. Boozman, and Mr. Cotton) 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 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 TITLES.

This Act may be cited as the “Stop Illegal Reentry Act” or as “Kate's Law”.

SEC. 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 General.—Subject 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 five years, or both.

“(b) Criminal Penalties For Reentry Of Certain Removed Aliens.—

“(1) IN GENERAL.—Notwithstanding 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 three 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 three 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 DEFINED.—In 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 Aliens.—Notwithstanding 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 two times before such removal or departure of illegal reentry under this section,

shall be imprisoned not less than five 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”.

 

PLAYER NAME
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NAT EV BUS MR ML SJW PRO EN
Change +3 +2 0 +2 -1 -3 -2 -3

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Mr. Speaker,

This is a bill to punish criminal aliens who have reentered the country after being deported. What do we achieve by being soft on this kind of behavior? I'll tell you what we achieve, more American victims like Kate Steinle. Passing this bill is imperative to the safety of our citizens to not do so is to protect criminals plain and simple.

I yield

 

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Mr. Speaker,

I have two concerns with this bill.

First, the defendant of that trial was found not guilty of her murder. The gentleman from Texas seems to be making political hay out of a tragedy. They have passed numerous laws, including a border wall, which they say will fix this whole issue. The gentleman seems to be piling on. 

Second, we already have a prison overpopulation problem. They are crowded with not enough beds for inmates. But now the gentleman wants to add 5-20 years. Wouldn’t deportation and their other so called remedies suffice?

I yield 

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Mr. Speaker,

Can Mr. Ward explain how Kate Steinle died? What happened to her is the motivation for the bill to prevent there being another case like her's. Garcia Zarate was convicted of being a felon with a firearm still and had been previously deported five times. Another deportation obviously doesn't send a message to some of these criminals. Had he been locked up and not released Kate Steinle would not have died on that fateful day and that is objective. With our other protections we've passed the increase of convictions will be minimal but those that continue to defy our laws repeatedly will be dealt with. If we have to support our prisions more to do so than that's a price worth paying. To Mr. Ward there is such a thing as too much protection for American citizens. I don't believe so. We will see with a vote how the rest of us feel.

I yield

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10 minutes ago, Phillip Huffines said:

Mr. Speaker,

Can Mr. Ward explain how Kate Steinle died? What happened to her is the motivation for the bill to prevent there being another case like her's. Garcia Zarate was convicted of being a felon with a firearm still and had been previously deported five times. Another deportation obviously doesn't send a message to some of these criminals. Had he been locked up and not released Kate Steinle would not have died on that fateful day and that is objective. With our other protections we've passed the increase of convictions will be minimal but those that continue to defy our laws repeatedly will be dealt with. If we have to support our prisions more to do so than that's a price worth paying. To Mr. Ward there is such a thing as too much protection for American citizens. I don't believe so. We will see with a vote how the rest of us feel.

I yield

Mr. Speaker.

I would like to see a CBO score for the cost of such prison expansion. If the gentleman is willing to foot the bill then he should find a way to fund it. 

I yield

Edited by Jsawrie

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Mr. Speaker,

I propose the following amendment to follow after section 2

SEC. 3. USE OF CERTAIN FORFEITED CRIMINAL PROCEEDS FOR THE HOUSING OF ILLEGAL ALIENS IN FEDERAL PRISONS.

Notwithstanding any other provision of law, any illegally obtained profits resulting from any criminal drug trafficking enterprise led by Joaquin Archivaldo Guzman Loera (commonly known as “El Chapo”), which are criminally forfeited to the United States Government as a result of the conviction of Mr. Guzman Loera in Federal district court, shall be reserved for the housing of illegal aliens in federal prisons for the purpose of protecting the American public.

SEC. 4. USE OF FORFEITED CRIMINAL PROCEEDS OF OTHER CONVICTED CARTEL MEMBERS.

Notwithstanding any other provision of law, any funds that are criminally forfeited to the United States Government as the result of a felony conviction in a Federal district court of a member of a drug cartel—an individual engaging in a continuing criminal enterprise involving knowingly and intentionally distributing a controlled substance, intending and knowing that such substance would be unlawfully imported into the United States from a place outside of the United States—shall be reserved for the housing of illegal aliens in federal prisons, for the purpose of protecting the American public.

I yield

Edited by Phillip Huffines

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Mr. Speaker,

I believe that this bill will protect our citizens from criminals like the depraved monster who murdered Kate Steinle, and the MS-13 cartel that threatens our cities. If they won't be deterred by deportation, we must turn to other methods, including prison time. I do agree with the gentleman from Arkansas that the increase in prison costs needs to be taken into account, which is why I am seconding the gentleman from Texas's amendment. We should also look into replacing the America Last Tax Reform Act and its $1 trillion deficit, but that's a different subject.

I yield.

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