Section 1 Short title
This Act may be cited as the “Illegal Immigration Penalty Enhancement Act of 2021”.
Illegal Immigration Penalty Enhancement Act of 2021
A BILL
To amend the Immigration and Nationality Act to impose a penalty for illegal immigration, and for other purposes.
Sec. 2 Penalty for illegal immigration
In general— Chapter 8 of Immigration and Nationality Act (8 U.S.C. 1321 et seq.) is amended by adding after section 275 of the Immigration and Nationality Act (8 U.S.C. 125) the following new section:
“275A. Penalty for illegal immigration
“(a) Offense—Notwithstanding any other provision of law, a certain illegal alien found to have reentered into the United States shall be imprisoned for a term of not less than five years in a Federal correctional facility.
“(b) Conviction for a crime—Notwithstanding any other provision of law, a certain illegal alien who is convicted of an offense under subsection (a) and an offense under State or Federal law shall serve such sentences consecutively with the penalty for the offense under subsection (a) being served in a Federal correctional facility.
“(c) Subsequent entry—The penalty under subsection (a) shall apply to each unlawful entry into the United States.
“(d) Certain illegal alien defined—In this section, the term “certain illegal alien” means an alien, who at the time of a commission of an offense under subsection (a)—
“(1) does not have lawful immigration status, including—
“(A) an alien who entered the United States without inspection, admission, or parole; or
“(B) an alien whose lawful status has expired or was rescinded, revoked, or otherwise terminated; and
“(2) has reentered the United States after being deported.”
Conforming amendment— The table of contents for the Immigration and Nationality Act is amended by inserting after the item relating to section 275 the following: