Minimum fines for illegal entry and overstay

(a) Illegal entry Chapter 8 of title II of the Immigration and Nationality Act (8 U.S.C. 1321 et seq.) is amended— (1) in section 275 (8 U.S.C. 1325)— (A) in subsection (a)— (i) by striking (1); (ii) by striking or (2); (iii) by striking (3); and (iv) by striking shall, for and all that follows and inserting the following: “shall— (1) for the first commission of any such offense, be fined in accordance with subsection (b), imprisoned not more than 6 months, or both; and (2) for a subsequent commission of any such offense, be fined in accordance with subsection (b), imprisoned not more than 2 years, or both.; and (B) in subsection (b)— (i) by inserting (1) before Any alien; (ii) by striking civil penalty of and all that follows through the period at the end of paragraph (2) and inserting civil penalty in an amount equal to not less than $3,000 and not more than $10,000.; and (iii) in the undesignated matter at the end, by striking Civil penalties and inserting the following: (2) Civil penalties; and (2) in section 276 (8 U.S.C. 1326), by amending subsection (a) to read as follows: (a) (1) Subject to paragraph (2) and subsection (b), any alien who, after being denied admission, excluded, deported, or removed or after departing the United States while an order of exclusion, deportation, or removal is outstanding, enters, attempts to enter, or is at any time found in, the United States, shall be subject to a civil penalty in an amount equal to not less than $3,000 and not more than $10,000. (2) Notwithstanding paragraph (1), an alien described in such paragraph shall not be subject to the civil penalty described in such paragraph if— (A) before reembarking at a place outside the United States or applying for admission from a 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 establishes that he or she was not required to obtain such advance consent under this Act.. (b) Overstay Section 222(g) of the Immigration and Nationality Act (8 U.S.C. 1202(g)) is amended by adding at the end the following: (3) An alien described in paragraph (1) shall be subject to a civil penalty in an amount equal to the product of $50 multiplied by the number of months the alien remained in the United States beyond the alien’s authorized period of stay..