H.R. 3486 — what changed

Section 276 of the Immigration and Nationality Act (8 U.S.C. 1326) is amended—

“(a) In general—Subject to subsections (b) and (c), any alien who—

“(1) has been denied admission, excluded, deported, 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) prior to 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 establishes that the alien was not required to obtain such advance consent under this or any prior Act,

“(b) Criminal penalties for reentry of certain removed aliens

“(1) In general—Notwithstanding the penalty under subsection (a), and except as provided in subsection (c), an alien described in subsection (a)—

“(A) who was convicted before such removal or departure of 3 or more misdemeanors involving drugs, crimes against the person, or both shall be fined under title 18, United States Code, imprisoned not more than 15 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 the provisions of 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 a period of 10 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 not more than 10 years, or both; and

“(D) who has been denied admission, excluded, deported, or removed 3 or more times and thereafter enters, attempts to enter, or is at any time found in the United States, shall be fined under title 18, United States Code, imprisoned not more than 10 years, or both.

“(2) Removal defined—In this subsection and in subsection (c), the term removal includes any agreement in which an alien stipulates to removal during (or not during) a criminal trial under either Federal or State law.

changed “(c) Mandatory minimum criminal penalty for reentry of certain removed aliens—Notwithstanding the penalties provided in subsections (a) and (b), an alien described in subsection (a)—(a) who was convicted before such removal or departure of—

changed “(1) who was convicted before such removal or departure of—any aggravated felony;

changed “(A) “(2) any aggravated felony;crime defined as a felony by the relevant jurisdiction (Federal, State, Tribal, or local) of conviction; or

changed “(B) “(3) any crime defined as a felony punishable by the relevant jurisdiction (Federal, State, Tribal, or local) more than 1 year of conviction; orimprisonment,”

removed “(C) any crime punishable by more than 1 year of imprisonment; or

removed “(2) who was convicted under this section at least 2 times before such removal or departure,”