Committee approves Stop Illegal Entry Act, advancing tougher penalties for repeat illegal reentry

The House Judiciary Committee voted to report H.R.3486, the Stop Illegal Entry Act, after adopting an amendment in the nature of a substitute. The bill’s sponsor, Representative Andy Knott, said the measure targets repeat criminal aliens who reenter the United States after deportation and would raise maximum penalties and create mandatory minimums for certain repeat reentries and convictions.

Knott said his experience as a federal prosecutor showed deportation alone was not deterring “committed criminals” who "continue to illegally return with the intent to commit crime here in the United States." He described provisions that would increase the statutory maximum for most illegal reentry offenses and create mandatory minimum penalties for repeat offenders in defined circumstances.

Democrats and some Republicans voiced several objections. Ranking Member Representative Jerry Nadler and others warned that imposing new mandatory minimum sentences would increase the federal prison population and costs at a time when the Bureau of Prisons faces staffing shortages. Nadler said mandatory minimums have not proved effective as deterrents and pointed to studies and judicial groups that oppose mandatory minimum sentencing. Other members raised concerns about how the bill would interact with removal practices and whether it would complicate the administration’s stated priorities to deport certain offenders quickly.

Debate also included specific, high-profile litigation and policy questions. Representative Pramila Jayapal and Representative Marie Gluesenkamp Perez (and others) raised the case of Kilmar Abrego Garcia — a noncitizen who was deported despite court orders — and several members proposed an amendment that would have delayed implementation of the bill until the administration returned individuals the courts said must be returned. That amendment failed on a voice vote and a subsequent roll call. Members also pressed the sponsor about whether the bill required convictions before the enhanced penalties would attach; the sponsor said some enhanced penalties are triggered by a prior conviction and that prosecutors retain charging discretion.

After debate the committee adopted the substitute and ordered the bill to be reported favorably. The clerk reported 14 ayes and 10 nos. Committee staff was authorized to make technical and conforming changes and members have two days to submit views. Opponents requested recorded votes on failed amendments and on final passage during the markup.

Key points: The bill raises penalties for unlawful entry and reentry, adds mandatory minimums in specified circumstances, and drew sustained debate about sentencing policy, prison capacity and costs, prosecutorial discretion, and compliance with judicial orders concerning deportations.

Votes at a glance: H.R.3486, Stop Illegal Entry Act — amendment in the nature of a substitute adopted; committee ordered bill reported favorably to the House, 14–10.