Bill
HR 749
Toughens illegal reentry penalties after removal: baseline up to 5 years, up to 10 years for prior crimes, and 5–20 years mandatory for aggravated felonies or repeat reentries.
Status & procedural history
- Introduced in House: January 28, 2025 (referred to House Judiciary Committee).
- House actions shown later in spring 2025: bill text as passed House (HR749ER) filed April 1, 2025; placed on Congratulatory & Memorial Resolutions Calendar and adopted May 23, 2025.
- Sponsors (House): Stephanie I. Bice (primary) with multiple cosponsors (e.g., Ryan Zinke, Tim Burchett, Anna Paulina Luna). Companion Senate bill: S. 271.
Purpose and scope
- Primary federal substantive purpose: amend section 276 of the Immigration and Nationality Act (8 U.S.C. 1326) to substantially increase criminal penalties for aliens who illegally reenter, attempt to reenter, or are found in the United States after removal/denial of admission. The statute also updates agency references (Attorney General → Secretary of Homeland Security) and redesignates subsections.
Key substantive provisions (changes to 8 U.S.C. 1326)
- General penalty (new subsection (a)): anyone previously denied admission, excluded, deported/removed, or who departed while an order was outstanding, and thereafter reenters/attempts to enter/is found in U.S., will be punishable by a fine (under Title 18) and/or imprisonment up to 5 years — unless DHS expressly consented to reapply or advance consent wasn’t required.
- Enhanced penalties for certain prior conduct (new subsection (b)):
- Up to 10 years’ imprisonment (and/or a fine) for an alien who before removal was convicted of 3+ misdemeanors involving drugs or crimes against the person, or a non‑aggravated felony.
- Mandatory 10‑year sentence (not concurrent with other sentences) for aliens excluded under section 235(c) as inadmissible under 212(a)(3)(B) or removed under Title V, if they later enter without DHS permission.
- Up to 10 years for aliens removed under section 241(a)(4)(B) who reenter without permission.
- Up to 10 years for aliens with 3+ prior denials/removals who reenter or are found in U.S.
- Mandatory minimum (new subsection (c)): an alien who (1) was convicted of an aggravated felony before removal, or (2) has at least two prior convictions for illegal reentry under this section, shall be imprisoned not less than 5 years and not more than 20 years (and may be fined).
- Definitions: “Removal” expressly includes agreements where an alien stipulates to removal during or outside criminal proceedings.
- Administrative updates: cross‑reference changes and substitution of Secretary of Homeland Security for Attorney General where applicable.
Who would be affected
- Directly affected: noncitizens who have been removed, deported, or denied admission and who later reenter, attempt to reenter, or are found in the U.S. — especially those with prior criminal convictions (misdemeanors, felonies, aggravated felonies) or multiple prior removals.
- Government entities: U.S. Department of Homeland Security (DHS), U.S. Attorneys, federal courts, Bureau of Prisons.
- Indirect effects: immigrant communities, defense counsel, state and local law enforcement involved in immigration-related arrests, and federal incarceration costs.
Potential impacts and considerations
- Raises maximum penalties and creates a 5–20 year mandatory minimum for aggravated‑felony reentry or repeat illegal reentry convictions, thereby reducing judicial sentencing discretion in those cases.
- Could increase federal prosecutions, convictions, and prison populations for illegal reentry offenses; potential fiscal impacts on federal incarceration budgets.
- The bill broadens and tightens criminal exposure for categories of previously removed or excluded aliens (including certain national security inadmissibility cases).
- The enrolled House document also includes unrelated Congratulatory and Memorial resolutions (e.g., honoring Lorenzo Gordon and a memorial for Clarence Stewart Preston), reflecting that the HR749ER file contains both the statutory amendment text and commemorative resolutions adopted by the House.
Note: This summary focuses on the federal statutory amendment contained in the H.R. 749 text (amendment to 8 U.S.C. 1326). The enrolled House text as recorded also contains ceremonial resolutions (congratulatory/memorial) unrelated to the immigration provisions.
Compiled from official sources — confirm details with the bill’s official record.
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