,,ii #aaeth ,,congress #ast ,session ,h4 ,r4 #cjjd ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,july #aj1 #bjag,received ,,an ,,act ,to amend section #bgf of the ,immigration and ,nationality ,act relating to reentry of removed aliens4 #a4 ,short title ,this ,act may be cited as ,kate's ,law4 #b4 ,illegal reentry ,section #bgf of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #acbf7 is amended to read as follows3 #bgf4 ,reentry of removed alien 7a7 ,reentry after removal ,any alien who has been denied admission1 excluded1 deported1 or removed1 or who has departed the ,united ,states while an order of exclusion1 deportation1 or removal is outstanding1 and subsequently enters1 attempts to enter1 crosses the border to1 attempts to cross the border to1 or is at any time found in the ,united ,states1 shall be fined under title #ah1 ,united ,states ,code1 imprisoned not more than #b years1 or both4 7b7 ,reentry of criminal offenders ,notwithstanding the penalty provided in subsection 7a71 if an alien described in that subsection was convicted before such removal or departure-- 7#a7 for #c or more misdemeanors or for a felony1 the alien shall be fined under title #ah1 ,united ,states ,code1 imprisoned not more than #aj years1 or both2 7#b7 for a felony for which the alien was sentenced to a term of imprisonment of not less than #cj months1 the alien shall be fined under such title1 imprisoned not more than #ae years1 or both2 7#c7 for a felony for which the alien was sentenced to a term of imprisonment of not less than #fj months1 the alien shall be fined under such title1 imprisoned not more than #bj years1 or both2 or 7#d7 for murder1 rape1 kidnapping1 or a felony offense described in chapter #gg 7relating to peonage and slavery7 or #aac;,b 7relating to terrorism7 of such title1 or for #c or more felonies of any kind1 the alien shall be fined under such title1 imprisoned not more than #be years1 or both4 7c7 ,reentry after repeated removal ,any alien who has been denied admission1 excluded1 deported1 or removed #c or more times and thereafter enters1 attempts to enter1 crosses the border to1 attempts to cross the border to1 or is at any time found in the ,united ,states1 shall be fined under title #ah1 ,united ,states ,code1 imprisoned not more than #aj years1 or both4 7d7 ,proof of prior convictions ,the prior convictions described in subsection 7b7 are elements of the crimes described1 and the penalties in that subsection shall apply only in cases in which the conviction or convictions that form the basis for the additional penalty are-- 7#a7 alleged in the indictment or information2 and 7#b7 proven beyond a reasonable doubt at trial or admitted by the defendant4 7e7 ,affirmative defenses ,it shall be an affirmative defense to a violation of this section that-- 7#a7 prior to the alleged violation1 the alien had sought and received the express consent of the ,secretary of ,homeland ,security to reapply for admission into the ,united ,states2 or 7#b7 with respect to an alien previously denied admission and removed1 the alien-- 7,a7 was not required to obtain such advance consent under the ,immigration and ,nationality ,act or any prior ,act2 and 7,b7 had complied with all other laws and regulations governing the alien's admission into the ,united ,states4 7f7 ,limitation on collateral attack on underlying removal order ,in a criminal proceeding under this section1 an alien may not challenge the validity of any prior removal order concerning the alien4 7g7 ,reentry of alien removed prior to completion of term of imprisonment ,any alien removed pursuant to section #bda7;a77#d7 who enters1 attempts to enter1 crosses the border to1 attempts to cross the border to1 or is at any time found in1 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 reentry4 ,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 law4 7h7 ,definitions ,for purposes of this section and section #bge1 the following definitions shall apply3 7#a7 ,crosses the border to the ,united ,states ,the term crosses the border refers to the physical act of crossing the border1 regardless of whether the alien is free from official restraint4 7#b7 ,felony ,the term felony means any criminal offense punishable by a term of imprisonment of more than #a year under the laws of the ,united ,states1 any ,state1 or a foreign government4 7#c7 ,misdemeanor ,the term misdemeanor means any criminal offense punishable by a term of imprisonment of not more than #a year under the applicable laws of the ,united ,states1 any ,state1 or a foreign government4 7#d7 ,removal ,the term removal includes any denial of admission1 exclusion1 deportation1 or removal1 or any agreement by which an alien stipulates or agrees to exclusion1 deportation1 or removal4 7#e7 ,state ,the term ,state means a ,state of the ,united ,states1 the ,district of ,columbia1 and any commonwealth1 territory1 or possession of the ,united ,states4 4 ,passed the ,house of ,representatives ,june #bi1 #bjag4,karen ,l4 ,haas1,clerk4