I 117TH CONGRESS 1ST SESSION H. R. 3530 To amend the Immigration and Nationality Act to impose a penalty for illegal immigration, and for other purposes. IN THE HOUSE OF REPRESENTATIVES MAY 25, 2021 Mr. NEHLS (for himself and Mr. RESCHENTHALER) introduced the following bill; which was referred to the Committee on the Judiciary A BILL To amend the Immigration and Nationality Act to impose a penalty for illegal immigration, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Illegal Immigration 4 Penalty Enhancement Act of 2021’’. 5 SEC. 2. PENALTY FOR ILLEGAL IMMIGRATION. 6 (a) IN GENERAL.—Chapter 8 of Immigration and 7 Nationality Act (8 U.S.C. 1321 et seq.) is amended by 8 adding after section 275 of the Immigration and Nation- 9 ality Act (8 U.S.C. 125) the following new section: 10 VerDate Sep 11 2014 22:42 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H3530.IH H3530 kjohnson on DSK79L0C42PROD with BILLS 2 •HR 3530 IH ‘‘SEC. 275A. PENALTY FOR ILLEGAL IMMIGRATION. 1 ‘‘(a) OFFENSE.—Notwithstanding any other provi- 2 sion of law, a certain illegal alien found to have reentered 3 into the United States shall be imprisoned for a term of 4 not less than five years in a Federal correctional facility. 5 ‘‘(b) CONVICTION FOR A CRIME.—Notwithstanding 6 any other provision of law, a certain illegal alien who is 7 convicted of an offense under subsection (a) and an of- 8 fense under State or Federal law shall serve such sen- 9 tences consecutively with the penalty for the offense under 10 subsection (a) being served in a Federal correctional facil- 11 ity. 12 ‘‘(c) SUBSEQUENT ENTRY.—The penalty under sub- 13 section (a) shall apply to each unlawful entry into the 14 United States. 15 ‘‘(d) CERTAIN ILLEGAL ALIEN DEFINED.—In this 16 section, the term ‘certain illegal alien’ means an alien, who 17 at the time of a commission of an offense under subsection 18 (a)— 19 ‘‘(1) does not have lawful immigration status, 20 including— 21 ‘‘(A) an alien who entered the United 22 States without inspection, admission, or parole; 23 or 24 VerDate Sep 11 2014 04:35 Jul 03, 2021 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H3530.IH H3530 kjohnson on DSK79L0C42PROD with BILLS 3 •HR 3530 IH ‘‘(B) an alien whose lawful status has ex- 1 pired or was rescinded, revoked, or otherwise 2 terminated; and 3 ‘‘(2) has reentered the United States after 4 being deported.’’. 5 (b) CONFORMING AMENDMENT.—The table of con- 6 tents for the Immigration and Nationality Act is amended 7 by inserting after the item relating to section 275 the fol- 8 lowing: 9 ‘‘Sec. 275A. Penalty for illegal immigration.’’. Æ VerDate Sep 11 2014 22:42 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6301 E:\BILLS\H3530.IH H3530 kjohnson on DSK79L0C42PROD with BILLS