Increasing penalties for illegal reentry

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) Defined term In this section, the term removal includes any agreement in which an alien stipulates to removal related to a criminal charge under Federal or State law. (b) In general Except as provided in subsection (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) before 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 under any prior Act, shall be fined under title 18, United States Code, imprisoned at least 5 years but not more than 10 years, or both. (c) Criminal penalties for reentry of certain removed aliens (1) In general Notwithstanding the penalty described in subsection (b), and except as provided in subsection (d), an alien described in subsection (b)— (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 at least 10 years but not more than 20 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 at least 10 years but not more than 20 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 at least 10 years but not more than 20 years, or both; or (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 for at least 10 years but not more than 20 years, or both.; (3) in subsection (d), as redesignated— (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; and (4) in subsection (e), as redesignated, in the matter preceding paragraph (1), by striking subsection (a)(1) or subsection (b) and inserting subsection (b)(1) or (c).