Stop Illegal Entry Act of 2025
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The bill would sharply increase criminal penalties for illegal entry and reentry into the United States, including a new mandatory minimum of 5 years for illegal entrants later convicted of a felony and up to 15 years for repeat reentry after certain removals.
It would also create a mandatory minimum of 10 years, with a possible life sentence, for people who reenter after being removed following a prior felony or multiple illegal-reentry convictions, marking a substantial toughening of federal immigration crime law.
What this bill would do
What it would do
The bill would amend the Immigration and Nationality Act's criminal provisions on illegal entry and reentry. It would raise the maximum sentence for illegal entry from 2 to 5 years, and add a new mandatory minimum of 5 years (up to life) for anyone who illegally enters and is later convicted of a crime punishable by more than one year in prison. It would restructure the illegal reentry statute to raise the base maximum sentence from 2 to 10 years, set a 15-year maximum for those with three or more prior misdemeanor convictions involving drugs or crimes against persons, and set mandatory minimums of 10 years (up to life) for people who reenter after a prior felony conviction or repeated illegal reentry.
The bill applies only to the criminal illegal entry and reentry provisions of immigration law; it does not change civil immigration processes, asylum procedures, or other grounds for removal. It also updates a cross-reference and substitutes the Secretary of Homeland Security for the Attorney General in one provision.
Key provisions
- 1Would raise the maximum prison term for illegal entry from 2 to 5 years
- 2Would create a mandatory minimum of 5 years, up to life, for illegal entrants later convicted of a felony-level crime
- 3Would raise the base maximum sentence for illegal reentry after removal from 2 to 10 years
- 4Would set a 15-year maximum sentence for reentry by those with three or more prior qualifying misdemeanor convictions
- 5Would impose a 10-year sentence, without concurrent service, for reentry by aliens previously excluded on terrorism-related grounds or removed under title V
- 6Would set a mandatory minimum of 10 years, up to life, for reentry by aliens with a prior felony conviction or two or more prior illegal reentry convictions
- 7Would impose fines and up to 10 years imprisonment for reentry by aliens denied admission, excluded, or removed three or more times
Who would be affected
Noncitizens who illegally enter or reenter the United States, particularly those previously removed or convicted of crimes, along with federal prosecutors, judges, and the Department of Homeland Security, which administers removals and consent-to-reapply determinations under these statutes.
Why it matters
People convicted of illegal entry or reentry, especially those with prior criminal records or removals, would face significantly longer prison terms, including new mandatory minimums that limit judicial discretion. Federal courts and prisons would need to process and hold more people for longer sentences under the revised penalty structure.
What would change
Changes to existing law
Amends Immigration and Nationality Act Section 275 (8 U.S.C. § 1325) (Sec. 2)
Raises the maximum sentence for illegal entry to 5 years and adds a 5-year mandatory minimum, up to life, if later convicted of a felony-level crime
Amends Immigration and Nationality Act Section 276 (8 U.S.C. § 1326) (Sec. 3)
Restructures reentry penalties, raising maximum sentences to 10 or 15 years and adding a 10-year-to-life mandatory minimum for certain prior felons or repeat illegal reentrants
Agencies directed to act
How implementation would work
The changes would take effect through ordinary criminal enforcement: federal prosecutors would charge violations under the amended sections 275 and 276 of the Immigration and Nationality Act, and judges would apply the new maximum and mandatory minimum sentences at sentencing. The Department of Homeland Security's removal and consent-to-reapply records would determine whether a defendant's prior removals or convictions trigger the enhanced penalty tiers, including the three-misdemeanor and three-removal thresholds.
Legislative status & sources
Latest action
Received in the Senate.
Official CRS summary
Show the CRS summaryHide the CRS summary
This bill establishes or increases criminal penalties for certain non-U.S. nationals (aliens under federal law) who illegally enter the United States and then commit a felony or illegally reenter the United States.
The bill establishes a mandatory minimum prison term of 5 years and allows a life sentence for an individual who (1) improperly enters, or attempts to improperly enter, the United States; and (2) is subsequently convicted of a felony.
The bill increases the maximum term of imprisonment from 2 years to 5 years for repeated improper entry.
The bill also increases from 2 years to 10 years the maximum term of imprisonment for an individual who had been denied entry into or removed from the United States and who later enters or attempts to enter without prior approval. The bill increases the maximum term of imprisonment from 10 to 15 years if such an individual was convicted of three or more specified types of misdemeanors before removal.
An individual who had been denied entry or removed three or more times and who later enters or attempts to enter the United States shall be fined, imprisoned for up to 10 years, or both.
The bill establishes a mandatory minimum term of imprisonment of 10 years and allows a life sentence for an individual who was convicted of a felony before removal, or convicted of illegal reentry at least two times before removal, and who subsequently enters or tries to enter the United States.
Legislative subjects
Border security and unlawful immigration; Criminal justice information and records; Criminal procedure and sentencing; Detention of persons; Immigration; Immigration status and procedures; Violent crime
Committee report
H. Rept. 119-200