H.R. 3004

(This measure has not been amended since it was introduced. The summary has been expanded because action occurred on the measure.)

Kate's Law

(Sec. 2) This bill amends the Immigration and Nationality Act to revise provisions relating to the reentry of removed aliens.

The bill provides that an alien who has been excluded, deported, removed, or denied admission, or who has departed the United States while under an outstanding order of exclusion, deportation, or removal, and who subsequently crosses or attempts to cross the border into the United States, shall be fined, imprisoned not more than two years, or both. ("Crosses the border" refers to the physical act of crossing the border, regardless of whether the alien is free from official restraint.)

The bill revises reentry of criminal offender provisions to provide that an alien who was convicted before such removal or departure of:

• three or more misdemeanors or for a felony shall be fined, imprisoned up to 10 years, or both;
• a felony for which the alien was sentenced to not less than 30 months in prison shall be fined, imprisoned up to 15 years, or both;
• a felony for which the alien was sentenced to not less than 60 months shall be fined, imprisoned up to 20 years, or both; or
• murder, rape, kidnapping, or a felony offense relating to peonage and slavery or terrorism, or of three or more felonies of any kind, shall be fined, imprisoned up to 25 years, or both.

An alien who has been excluded, deported, removed, or denied admission three or more times and thereafter enters, attempts to enter, or crosses or attempts to cross the border to, or is at any time found in, the United States shall be fined, imprisoned not more than 10 years, or both.

The bill states that it shall be an affirmative defense to a reentry violation (thus placing the burden of proof on the defendant) that: (1) prior to the alleged violation, the alien had received Department of Homeland Security (DHS) consent to reapply for U.S. admission; or (2) with respect to an alien previously denied admission and removed, the alien was not required to obtain such advance consent and had complied with all other applicable admissions laws and regulations.

In a criminal proceeding under this section, an alien may not challenge the validity of any prior removal order. (Currently, the validity of a prior deportation order may be challenged under certain grounds.)

A removed alien who enters, attempts to enter, or crosses or attempts to cross the border to, or is at any time found in, the United States shall be incarcerated for the remainder of the sentence that was pending at the time of deportation without any reduction for parole or supervised release unless the alien affirmatively demonstrates that DHS has consented to the alien's reentry.