§2. Commission of crimes by aliens unlawfully present in the United States
This section amends INA §275 (8 U.S.C. 1325) to (1) increase the maximum imprisonment for a subsequent improper entry offense to 5 years (from 2 years); and (2) establish a new mandatory minimum imprisonment of 5 years—in addition to the sentence for that conviction—for any alien who improperly enters and is subsequently convicted of any crime punishable by more than 1 year of imprisonment. The section also amends INA §276 (8 U.S.C. 1326) to (1) increase the maximum imprisonment for illegal reentry after removal to 10 years (from 2 years); (2) limit penalties under subsection (b)(1) to cases of reentry after three or more misdemeanor convictions (by striking reference to non-aggravated felonies) and increase the maximum term to 15 years (from 10 years); and (3) revise subsection (b)(2) to impose a mandatory minimum of 10 years imprisonment for reentry after removal subsequent to a conviction for an aggravated felony, any felony under the relevant jurisdiction, or any crime punishable by more than 1 year of imprisonment.