H.R.3004 – Kate’s Law

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Week ending June 23, 2017

H.R.3004 – Kate’s Law

Brief

The bill aims to amend section 276 of the Immigration and Nationality Act relating to reentry of removed aliens.

To that end –

‘Any alien who has been denied admission, excluded, deported, or removed, or who has departed the United States while an order of exclusion, deportation, or removal is outstanding, and subsequently enters, attempts to enter, crosses the border to, attempts to cross the border to, or is at any time found in the United States, shall be fined under title 18, United States Code, imprisoned not more than 2 years, or both.’

‘Notwithstanding the penalty provided above, if an alien described in that subsection was convicted before such removal or departure—

“(1) for 3 or more misdemeanors or for a felony, the alien shall be fined, imprisoned not more than 10 years, or both;

“(2) for a felony for which the alien was sentenced to a term of imprisonment of not less than 30 months, the alien shall be fined, imprisoned not more than 15 years, or both;

“(3) for a felony for which the alien was sentenced to a term of imprisonment of not less than 60 months, the alien shall be fined, imprisoned not more than 20 years, or both; or

“(4) for murder, rape, kidnapping, or a felony offense (relating to peonage and slavery) or (relating to terrorism), or for 3 or more felonies of any kind, the alien shall be fined under such title, imprisoned not more than 25 years, or both.’

Any alien who has been denied admission, excluded, deported, or removed 3 or more times and thereafter enters, attempts to enter, crosses the border to, attempts to cross the border to, 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.

The prior convictions described above are elements of the crimes described, and the penalties shall apply only in cases in which the conviction or convictions that form the basis for the additional penalty are alleged in the indictment or information; and proven beyond a reasonable doubt at trial or admitted by the defendant.

It shall be an affirmative defense to a violation of this section that prior to the alleged violation, the alien had sought and received the express consent of the Secretary of Homeland Security to reapply for admission into the United States; or with respect to an alien previously denied admission and removed, the alien was not required to obtain such advance consent under the Immigration and Nationality Act or any prior Act; and had complied with all other laws and regulations governing the alien’s admission into the United States.

Any alien removed who enters, attempts to enter, crosses the border to, 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 of imprisonment which was pending at the time of deportation without any reduction for parole or supervised release unless the alien affirmatively demonstrates that the Secretary of Homeland Security has expressly consented to the alien’s reentry. Such alien shall be subject to such other penalties relating to the reentry of removed aliens as may be available under this section or any other provision of law.

 (Full text of H.R. 3004 at congress.gov)

SponsorRep. Goodlatte, Bob [R-VA-6] (Introduced 06/22/2017)

Status: Passed House /

VOTES and FLOOR ACTION

HOUSE

On Passage: On passage Passed by recorded vote: 257 – 167 (Roll no. 344).

House Amendments:

Motion to recommit: On motion to recommit with instructions Failed by the Yeas and Nays: 193 – 232 (Roll no. 343).

Text of the motion:

SENATE

On Passage:

Procedural Actions:

Senate Amendments:

COST AND IMPACT

Cost to the taxpayers:  Data not available

Pay-as-you-go requirements:  Data not available

Regulatory and Other Impact: Data not available

Dynamic Scoring:   Data not available

Tax Complexity:  Not applicable to this bill.

Earmark Certification:  Data not available

Duplication of programs: Data not available

Direct Rule-Making:  Data not available

Advisory Committee Statement: Data not available

Budget Authority: Data not available

Constitutional Authority:   Assumed.

 

More Bill Information:

 

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