To amend section 276 of the Immigration and Nationality Act to impose mandatory sentencing ranges with respect to aliens who reenter the United States after having been removed, and for other purposes.

June 30, 2005

Mr. ISSA (for himself, Mr. SMITH of Texas, and Mr. DREIER) introduced the following bill; which was referred to the Committee on the Judiciary

To amend section 276 of the Immigration and Nationality Act to impose mandatory sentencing ranges with respect to aliens who reenter the United States after having been removed, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the `Criminal Alien Accountability Act'.

SEC. 2. MANDATORY SENTENCING RANGES RELATED TO REENTRY BY REMOVED ALIEN.

(a) Findings- The Congress finds as follows:

(1) The security of the United States is dependent on the Nation's ability to regulate the immigration of aliens into the United States.

(2) Removal from the United States of certain criminal aliens is necessary, and the unauthorized reentry of those aliens constitutes a threat to the people of the United States.

(3) The Congress should deter such reentry by specifying mandatory sentencing ranges for these crimes.

(b) Mandatory Sentencing Ranges for Reentering Aliens- Section 276 of the Immigration and Nationality Act (8 U.S.C. 1326) is amended--

(1) in subsection (a), in the matter following paragraph (2), by striking `imprisoned not more than 2 years,' and insert `imprisoned for a term of not less than 1 year and not more than 2 years,'; and

(2) in subsection (b)--

(A) in paragraph (1), by striking `imprisoned not more than 10 years,' and insert `imprisoned for a term of not less than 5 years and not more than 10 years,';

(B) in paragraph (2), by striking `imprisoned not more than 20 years,' and insert `imprisoned for a term of not less than 10 years and not more than 20 years,'; and

(C) in paragraph (4), by striking `imprisoned for not more than 10 years,' and insert `imprisoned for a term of not less than 5 years and not more than 10 years,'.

(c) Mandatory Sentencing Ranges for Persons Aiding or Assisting Certain Reentering Aliens- Section 277 of the Immigration and Nationality Act (8 U.S.C. 1327) is amended--

(1) by striking `Any person' and inserting `(a) Subject to subsection (b), any person'; and

(2) by adding at the end the following:

`(b)(1) Any person who knowingly aids or assists any alien violating section 276(b) to reenter the United States, or who connives or conspires with any person or persons to allow, procure, or permit any such alien to reenter the United States, shall be fined under title 18, United States Code, or imprisoned for a term imposed under paragraph (2), or both.

`(2) The term of imprisonment imposed under paragraph (1) shall be within the range to which the reentering alien is subject under section 276(b).'.

END