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S. 4983IntroducedSenate · nowHousePresidentLawIn committee
Sec. 405 · S. 4983

Enhanced penalties for reentry or failure to depart

Title IV — Criminal aliens

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(a) Failure to depart Section 242(e) of the Immigration and Nationality Act (8 U.S.C. 1252(e)) is amended— (1) by striking out paragraph (2), (3), or 4 of the first time it appears, and (2) by striking out shall be imprisoned not more than ten years and inserting in lieu thereof, shall be imprisoned not more than two years, or shall be imprisoned not more than ten years if the alien is a member of any of the classes described in paragraph (2), (3), or (4) of section 241(a). (b) Reentry Section 276(b) of the Immigration and Nationality Act (8 U.S.C. 1326(b)) is amended— (1) in paragraph (1), by (A) inserting after commission of the following: two or more misdemeanors or, and (B) striking out 5 and inserting in lieu thereof 10, (2) in paragraph (2), by striking out 15 and inserting in lieu thereof 20, and (3) by adding at the end the following sentence: For the purposes of this subsection, the term deportation shall include any agreement where an alien stipulates to deportation during a criminal trial under either Federal or State law.. (c) Collateral attacks on underlying deportation order Section 276 of the Immigration and Nationality Act (8 U.S.C. 1326) is amended by inserting after subsection (b) the following new subsection: (c) In any criminal proceeding under this section, no alien may challenge the validity of the deportation order described in subsection (a)(1) or subsection (b)..

Sec. 405: Enhanced penalties for reentry or failure to depart · Public Law Tracker