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Senator Madison, for himself and with thanks to Representative Goodlatte, introduced the following bill:

AN ACT
To amend section 276 of the Immigration and Nationality Act relating to reentry of removed aliens.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.

This Act may be cited as “Kate’s Law”.

SEC. 2. ILLEGAL REENTRY.

Section 276 of the Immigration and Nationality Act (8 U.S.C. 1326) is amended to read as follows:

“REENTRY OF REMOVED ALIEN

“Sec. 276. (a) Reentry After Removal.—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.

“(b) Reentry Of Criminal Offenders.—Notwithstanding the penalty provided in subsection (a), 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 under title 18, United States Code, 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 under such title, 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 under such title, imprisoned not more than 20 years, or both; or

“(4) for murder, rape, kidnapping, or a felony offense described in chapter 77 (relating to peonage and slavery) or 113B (relating to terrorism) of such title, 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.

“(c) Reentry After Repeated Removal.—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.

“(d) Proof Of Prior Convictions.—The prior convictions described in subsection (b) are elements of the crimes described, 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—

“(1) alleged in the indictment or information; and

“(2) proven beyond a reasonable doubt at trial or admitted by the defendant.

“(e) Affirmative Defenses.—It shall be an affirmative defense to a violation of this section that—

“(1) 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

“(2) with respect to an alien previously denied admission and removed, the alien—

“(A) was not required to obtain such advance consent under the Immigration and Nationality Act or any prior Act; and

“(B) had complied with all other laws and regulations governing the alien’s admission into the United States.

“(f) Limitation On Collateral Attack On Underlying Removal Order.—In a criminal proceeding under this section, an alien may not challenge the validity of any prior removal order concerning the alien.

“(g) Reentry Of Alien Removed Prior To Completion Of Term Of Imprisonment.—Any alien removed pursuant to section 241(a)(4) 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.

“(h) Definitions.—For purposes of this section and section 275, the following definitions shall apply:

“(1) CROSSES THE BORDER TO THE UNITED STATES.—The term ‘crosses the border’ refers to the physical act of crossing the border, regardless of whether the alien is free from official restraint.

“(2) FELONY.—The term ‘felony’ means any criminal offense punishable by a term of imprisonment of more than 1 year under the laws of the United States, any State, or a foreign government.

“(3) MISDEMEANOR.—The term ‘misdemeanor’ means any criminal offense punishable by a term of imprisonment of not more than 1 year under the applicable laws of the United States, any State, or a foreign government.

“(4) REMOVAL.—The term ‘removal’ includes any denial of admission, exclusion, deportation, or removal, or any agreement by which an alien stipulates or agrees to exclusion, deportation, or removal.

“(5) STATE.—The term ‘State’ means a State of the United States, the District of Columbia, and any commonwealth, territory, or possession of the United States.”.

PES:

(Sec. 2) This bill amends the Immigration and Nationality Act to revise provisions relating to the reentry of removed aliens.

The bill provides that an alien who has been excluded, deported, removed, or denied admission, or who has departed the United States while under an outstanding order of exclusion, deportation, or removal, and who subsequently crosses or attempts to cross the border into the United States, shall be fined, imprisoned not more than two years, or both. ("Crosses the border" refers to the physical act of crossing the border, regardless of whether the alien is free from official restraint.)

The bill revises reentry of criminal offender provisions to provide that an alien who was convicted before such removal or departure of:

three or more misdemeanors or for a felony shall be fined, imprisoned up to 10 years, or both;
a felony for which the alien was sentenced to not less than 30 months in prison shall be fined, imprisoned up to 15 years, or both;
a felony for which the alien was sentenced to not less than 60 months shall be fined, imprisoned up to 20 years, or both; or
murder, rape, kidnapping, or a felony offense relating to peonage and slavery or terrorism, or of three or more felonies of any kind, shall be fined, imprisoned up to 25 years, or both.
An alien who has been excluded, deported, removed, or denied admission three or more times and thereafter enters, attempts to enter, or crosses or attempts to cross the border to, or is at any time found in, the United States shall be fined, imprisoned not more than 10 years, or both.

The bill states that it shall be an affirmative defense to a reentry violation (thus placing the burden of proof on the defendant) that: (1) prior to the alleged violation, the alien had received Department of Homeland Security (DHS) consent to reapply for U.S. admission; or (2) with respect to an alien previously denied admission and removed, the alien was not required to obtain such advance consent and had complied with all other applicable admissions laws and regulations.

In a criminal proceeding under this section, an alien may not challenge the validity of any prior removal order. (Currently, the validity of a prior deportation order may be challenged under certain grounds.)

A removed alien who enters, attempts to enter, or crosses or 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 that was pending at the time of deportation without any reduction for parole or supervised release unless the alien affirmatively demonstrates that DHS has consented to the alien's reentry.


Senator Michael Madison (R-MO)

American-Midwest News Corporation

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CS


UK News Director

Formerly:

Rebecca Flair
Senate Majority Whip
Republican
Florida

Chuck Harper
East Coast News Network

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CS WITA


Robert Henry Tillman
United States Senator for Louisiana
Louisiana Republican Party

"They've got a set of Republican waiters on one side and a set of Democratic waiters on the other side, but no matter which set of
waiters brings you the dish,
the legislative grub is all prepared in the same Wall Street kitchen." - Huey Long


BIOGRAPHY | PRESS OFFICE | TWITTER

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Mr. President, 

Kate Steinle was a beautiful young woman enjoying her time at Pier 14 with her family. Unfortunately, an illegal immigrant, who'd been previously deported, took her life that day. Jose Inez Garcia Zarate had no right to be in this great nation, and had our immigration law been properly enforced, Ms. Steinle would still be on this Earth today with her family and friends. 

That was last year. This year, in March, this country took another blow. Another illegal immigrant, Pablo Antonio Serrano-Vitorino, shot and killed four men in Kansas and one man in my state of Missouri: Randy Nordman. This senseless violence would not have occurred if Vitorino, who'd been deported in 2004 after being jailed for terroristic threats, had not been allowed re-entry. We are letting dangerous people cross our border every day. We endanger the lives of our fellow Americans by not taking action. While I hope this bill is not where we stop, it is a good first step. We can not allow these vicious thugs to cross our border unchallenged any longer. It is time for us to crack down. 

In the name of Kate Steinle, Randy Nordman, and the many others who've died or been hurt by those who have no right to be here, I rise in firm support of this bill. 

I yield. 

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Senator Michael Madison (R-MO)

American-Midwest News Corporation

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Mr. President,

I object.

First I would like a moment of silence for Kate Steinle.

Steps away from microphone for short moment

Second, though her death is sad, this bill is not the way to fix it. This bill makes it so immigrants, who just want to come to America for a better life and to not die, will be denied entry. This is morally wrong and against the principles of this nation as the beacon of democracy and the example of how someone can better their life. If a 30 something year old Guatemalan immigrant, a immigrant who fled her home town under threat of death from gangs, who works in a local small business who pays taxes and supports her community, gets deported for being illegal, then she can’t come back EVEN IF she goes through the legal process. 

And I already know that the majority will complain about “oh they’re all criminals” but no they are not all criminals. As a matter of fact more undocumented immigrants in cities leads to LESS crime. 

It is for those reasons I am against this bill and those reasons I object.

I yield


Robert Powell (D-CO) 

SmL

-Former Denver City Councilman & Colorado Secretary of State-

 

Anthony Ludwig - The Political Corner

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Mr. President,

I believe the gentleman from Colorado has not read the Bill, and hope to provide clarification so that this Congress can protect people like Kate Steinle, Dennis McCann, and Deputy Sheriff Danny Oliver.

Section 2 provides that removed aliens cannot return to the U.S. without facing a penalty, and provides additional penalties that are dependent on that alien’s criminal history. However, it also provides affirmative defenses from these penalties.

I’d like to enter into the record the affirmative defenses provided by Section 2 of Kate’s Law:

Quote

 

“(e) Affirmative Defenses.—It shall be an affirmative defense to a violation of this section that—

  “(1) 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

  “(2) with respect to an alien previously denied admission and removed, the alien—

    “(A) was not required to obtain such advance consent under the Immigration and Nationality Act or any prior Act; and

     “(B) had complied with all other laws and regulations governing the alien’s admission into the United States.

I yield


Sen. Grant Pinnacle, Majority Leader

Republican | ARKANSAS

Instagram | Press Office | Website

_____

Lt. Col. Bill Bloom

Former Candidate for U.S. Senate | COLORADO

Twitter | Press Office | Website

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2 hours ago, Dogslife said:

If a 30 something year old Guatemalan immigrant, a immigrant who fled her home town under threat of death from gangs, who works in a local small business who pays taxes and supports her community, gets deported for being illegal, then she can’t come back EVEN IF she goes through the legal process

Mr. President, 

The Senator from Colorado is mistaken. This is not in the bill. 

I yield.


Senator Michael Madison (R-MO)

American-Midwest News Corporation

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Mr. President,

This may simply be a question of grammar and punctuation, but in section 276(a) as amended, are the various conditions such as removal applied generally?  Or do they only invoke this Act when one of those orders or conditions listed later on applies?

I yield.

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21 hours ago, Steven Andrews said:

Mr. President,

This may simply be a question of grammar and punctuation, but in section 276(a) as amended, are the various conditions such as removal applied generally?  Or do they only invoke this Act when one of those orders or conditions listed later on applies?

I yield.

Mr. President, 

May the gentlemen from Utah rephrase his question? I wish to answer it as best as possible without confusion. 

I yield. 

 


Senator Michael Madison (R-MO)

American-Midwest News Corporation

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Mr. President,
Let's try this again:
Sec. 276. (a) Reentry After Removal.—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."

Does the phrasing in question mean that only aliens who have "been denied admission, excluded, deported, or removed, or departed" while an order of exclusion, yadda yadda yadda is outstanding are affected?  Or does it cover those first four categories in addition to those who have departed while such an order is outstanding?  Can the Senator see what it is I'm trying to sort through...are there five categories of people who are being covered while such an order is outstanding?  Or is "departed the United States" onwards intended as a separate category in addition to the first four categories?

I apolgize again for any lack of clarity...when sentences break fifty words without breaking a sweat or involving a semicolon, they can get to be a bit confusing.

I yield.

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6 hours ago, Steven Andrews said:

Mr. President,
Let's try this again:
Sec. 276. (a) Reentry After Removal.—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."

Does the phrasing in question mean that only aliens who have "been denied admission, excluded, deported, or removed, or departed" while an order of exclusion, yadda yadda yadda is outstanding are affected?  Or does it cover those first four categories in addition to those who have departed while such an order is outstanding?  Can the Senator see what it is I'm trying to sort through...are there five categories of people who are being covered while such an order is outstanding?  Or is "departed the United States" onwards intended as a separate category in addition to the first four categories?

I apolgize again for any lack of clarity...when sentences break fifty words without breaking a sweat or involving a semicolon, they can get to be a bit confusing.

I yield.

Mr. President,

To answer the gentleman, (a) establishes the basic criminal offense, which is being removed (or otherwise rejected from the United States) and then re-entering anyway.  The penalty for this offense is a fine and/or up to 2 years of imprisonment.

Then, (b) provides heavier punishments than the aforementioned penalties if the illegal migrant was a convicted criminal who re-entered the U.S. This applies if they were convicted for three or more misdemeanors ((b)(1)), a felony ((b)(2)-(3)), or more violent crimes ((b)(4)).

Last, (c) creates a sanction for repeated border breachers if they have done so three or more times after their initial removal/rejection.

I yield.


Sen. Grant Pinnacle, Majority Leader

Republican | ARKANSAS

Instagram | Press Office | Website

_____

Lt. Col. Bill Bloom

Former Candidate for U.S. Senate | COLORADO

Twitter | Press Office | Website

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Posted (edited)
On 7/28/2019 at 2:35 AM, Steven Andrews said:

Mr. President,
Let's try this again:
Sec. 276. (a) Reentry After Removal.—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."

Does the phrasing in question mean that only aliens who have "been denied admission, excluded, deported, or removed, or departed" while an order of exclusion, yadda yadda yadda is outstanding are affected?  Or does it cover those first four categories in addition to those who have departed while such an order is outstanding?  Can the Senator see what it is I'm trying to sort through...are there five categories of people who are being covered while such an order is outstanding?  Or is "departed the United States" onwards intended as a separate category in addition to the first four categories?

I apolgize again for any lack of clarity...when sentences break fifty words without breaking a sweat or involving a semicolon, they can get to be a bit confusing.

I yield.

Mr. President, 

I believe I’m understanding the good Senator from Utah’s question now. Section 276(a) applies to those who have departed with an outstanding order of exclusion, deportation, or removal. In the gentleman’s words, it,”cover[ s]those first four categories in addition to those who have departed while such an order is outstanding .”

I yield.

Edited by SWMissourian

Senator Michael Madison (R-MO)

American-Midwest News Corporation

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Mr. President,
I thank my colleagues for their clarification.  I would like to propose that we amend the legislation, and I move to amend as follows:
"(X) The provisions of 276(a) shall not apply if the subsequent entry attempt was pursuant to a valid entry visa issued subsequent to the latest removal or refused entry, so long as the previous exclusion attempt was disclosed during the application for the visa in question; or if said entry attempt was in response to a summons issued by a court of the United States, or one of the states therein with the permission of the Attorney General or his designee."

In the first instance, it should be the job of DHS to sort this out and make sure that the visa doesn't get issued; and in the second instance, I don't think we want to block witness summonses.  But I've kept the scope narrow so we don't have some judge somewhere decide that he wants to issue summonses to half of Central America for the purposes of establishing a legal fiction.

I yield.

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Mr. President, 

I second the motion to amend. 

I yield. 


Senator Michael Madison (R-MO)

American-Midwest News Corporation

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The motion having been made and seconded, I'll call the question for a 24-hour vote to amend, the Benson Amendment I.

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Aye


Robert Powell (D-CO) 

SmL

-Former Denver City Councilman & Colorado Secretary of State-

 

Anthony Ludwig - The Political Corner

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