Increase criminal penalties for illegal entry and reentry into the United States?
H.R. 3486 amends the Immigration and Nationality Act (INA) by increasing penalties for illegal entry or reentry into the United States. This applies to individuals without U.S. citizenship or nationality (“aliens” under the INA) seeking residence or in the process of removal. The bill imposes five-year minimum sentences for individuals who illegally entered the U.S. and are convicted of certain crimes as well as up to a ten-year sentence for individuals who illegally reenter the U.S. after initial removal. It also increases penalties for attempted illegal entry and raises jail time for noncitizens with certain prior misdemeanors or felonies, imposing mandatory minimums in some cases.
Sponsor: Rep. Stephanie Bice (Republican, Oklahoma, District 5)
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How do you feel?
Opponents say
• "The government’s approach to charging migrants with these entry-related offenses imposes heavy costs on both the migrants themselves and the federal government. The prosecution of individuals fleeing persecution or torture harms family members with whom the individual traveled and was apprehended. Spouses are often separated, as are parents from their minor children. Lawyers increasingly have observed federal prosecutions of adult family members for entry-related offenses which result in those family members being sent to a federal prison away from their children. The children are then placed with federal authorities at shelters for unaccompanied minors or in foster homes, while parents receive little or no information about their location and condition. With high conviction rates for these federal offenses, many migrants are subjected to mandatory incarceration in federal prison for months or longer. For these individuals, a conviction can impede current and future attempts to migrate lawfully or obtain asylum. For the federal government, such prosecutions are an extremely costly use of law-enforcement resources and have no demonstrated deterrent effect on future migration." Source: American Immigration Council
• "Immigration prosecutions devastate families and communities by detaining and deporting people with minimal due process protections and without consideration for their long-standing ties to the United States. Black and Brown communities are disproportionately affected due to racial profiling and discriminatory policing practices in the criminal legal system which lead to disproportionately harsh immigration penalties for people who are not U.S. citizens. Immigration prosecutions also funnel billions of tax dollars to private prison companies that profit from incarcerating people for immigration convictions and during deportation proceedings." Source: National Immigration Justice Center
• "Over the past several years, states and localities around the country have increasingly considered and used state and local laws to impose criminal penalties on undocumented immigrants. At the same time, the federal government has increasingly chosen to criminally prosecute individuals who enter or reenter the United States illegally rather than rely on the extensive civil enforcement scheme under the federal immigration laws. In public policy debates about criminalizing undocumented immigrants, anti-immigrant lawmakers and groups often throw around terms like ‘criminal alien’ and other misleading rhetoric and statistics suggesting that all undocumented immigrants are criminals or a dangerous threat to the community. Such language can distort debates about the appropriate use of local criminal laws and of federal prosecutorial resources. Local and state officials also often misunderstand the nature of the criminal provisions in federal immigration law and the authority of states and local governments to criminalize undocumented status." Source: American Civil Liberties Union
• "America needs sensible laws and policies that ensure order and the rule of law at the U.S. border. However, H.R. 3486 is an extreme approach that imposes disproportionately harsh punishments on illegal entry and reentry that are typically reserved for serious violent crimes, such as murder. By imposing such lengthy and mandatory sentences, the bill will allow incarceration of large numbers of people at great cost to American taxpayers without effectively improving border security. Instead of the extreme, costly and ineffective approach of H.R. 3486, Congress should enact bipartisan solutions that enforce immigration law and serve American communities while still providing a fair and balanced system." Source: The American Immigration Lawyers Association (AILA)
• "The Stop Illegal Entry Act incorporates components of the Stop Illegal Reentry Act (emphasis added) introduced in 2015. This iteration is an extreme expansion of the original, which would sweep a far greater number of people into federal prisons and expose them to far higher mandatory minimum and maximum sentences. It would impose an expansive system of double punishment on immigrants across the United States and explosively increase the federal prison population with no public safety benefit. We urge you to vote no on the Stop Illegal Entry Act." Source: Liz Komar, Sentencing Reform Counsel at The Sentencing Project, in a letter written on the organization’s behalf
Proponents say
• "We must take a firm stance against individuals who continue to violate our laws and endanger the safety of the American people. The previous Administration's disastrous handling of border enforcement has made our country less safe and our streets more dangerous. By imposing serious penalties on violent felons who repeatedly re-enter the country after deportation, we can deter the cycle of illegal reentry, uphold the rule of law, and send a clear message that actions have consequences." Source: Rep. Stephanie Bice (Republican, Oklahoma, District 5)
• "There’s obviously a great need for the wall, for deportations, for deployment of technologies, et cetera, but those alone are not going to be very effective. We cannot round up 15 to 25 million people who are here illegally. A very big piece that no one is talking about yet anyway is the deterrence factor that the bill addresses. If you are asked to leave the country, come back a second time, we’re not having that anymore." Source: Rep. Brad Knott (Republican, North Carolina, District 13)
• "Increasing penalties was long overdue. When it comes to combating illegal immigration, deterrence is the best form of prevention. For too long, a lack of repercussions for repeat offenders at the border drove encounters to record levels." Source: Rep. Troy Downing (Republican, Montana, District 2)
• "As law enforcement officers, we believe that those who repeatedly break the law should be held accountable for their actions, which includes those who illegally enter the United States and engage in illicit activities like drug smuggling, human trafficking, and money laundering. When these criminals are subsequently removed from our country and then are able to re-enter and proceed to commit further offenses, it means the system is not working. Our officers fight crime every day in our country, and they should be assured that dangerous individuals who are deported are unable to return." Source: Patrick Yoes, President of National Fraternal Order of Police, in a letter written on the organization’s behalf
• "As conservatives we believe in strongly enforcing immigration laws to keep our communities safe. We are committed to working together to help the Trump administration undo the damage caused by years of neglect, lawlessness, and dangerous policies under the Biden administration. H.R. 3486 is a necessary measure to support the administration in protecting our communities, preserving our laws, and restoring order at the border. AMAC Action urges Congress to pass this legislation without delay and we call on every American who cares about national security and the rule of law to stand with us. Illegal immigration cannot go unpunished, and it must never be incentivized. It’s time we return to a nation that respects its laws, secures its borders, and puts the safety of its citizens first." Source: Andrew J. Mangione JR, Sr. Vice President of AMAC Action, in a letter written on the organization’s behalf