S. 2547 — Kate's Law

This section increases the maximum term of imprisonment for a subsequent improper entry by an alien (i.e., at an undesignated time or place, eluding inspection, or by willful misrepresentation or concealment of material facts) to 5 years (from 2 years). It also establishes a new mandatory minimum prison term of 5 years (plus possible fine) for any such alien who is thereafter convicted of any crime punishable by more than 1 year of imprisonment.

This section revises criminal penalties under INA §276 (8 U.S.C. 1326) for illegal reentry (or attempt or presence) by a previously denied, excluded, deported, or removed alien. It increases the general maximum term of imprisonment to 10 years (from 2 years), subject to exceptions for express consent from the Secretary of Homeland Security or when not previously required; establishes new exceptions subsection; and restructures enhanced penalties as follows: (1) for an alien convicted before removal of three or more misdemeanors involving drugs, crimes against the person, or both, a maximum of 15 years (from 10 years); (2) for an alien excluded under INA §235(c) for terrorist inadmissibility or removed under title V, 10 years (non-concurrent with other sentences); (3) for an alien removed under INA §241(a)(4)(B), a maximum of 10 years; (4) for an alien denied admission, excluded, deported, or removed three or more times, a maximum of 10 years; and (5) a mandatory minimum of 10 years for an alien convicted before removal of an aggravated felony, any felony, or any crime punishable by more than one year of imprisonment, or twice convicted previously of illegal reentry. It also updates cross-references in the provision on reentry after deportation prior to completing a term of imprisonment (to INA §241(a)(4) from former §242(h)(2)) and substitutes the Secretary of Homeland Security for the Attorney General.