Republicans in the US Congress have introduced the Stop Illegal Entry Act, a bill that would impose mandatory minimum sentences of five to ten years for migrants who illegally re-enter the United States after being removed. The legislation, which passed the House of Representatives on 11 September largely along party lines, is now being considered in the Senate.
The bill mandates a five-year prison term for anyone who enters the US illegally and then commits a crime punishable by more than one year. For those who commit a crime punishable by up to two years, the mandatory minimum jumps to ten years—the same penalty as for child sex trafficking. Critics argue the measure is a 'mass incarceration bill' that would disproportionately affect non-violent offenders.
House Speaker Mike Johnson praised the bill as a 'commonsense' deterrent against repeat violations of US immigration law. However, criminal justice groups estimate that the law could cost $440,000 per person incarcerated and overwhelm federal prisons, which currently hold about 155,000 inmates. The Federal Public and Community Defenders Legislative Committee projects that 7,000 people could receive ten-year sentences under the proposed law, based on 2024 data.
Jesse Franzblau of the National Immigrant Justice Center called the bill a 'handout to private prison companies' and urged its rejection. The legislation targets 'illegal re-entry', currently a misdemeanor for first offences and a felony for subsequent ones, with maximum sentences rarely exceeding two years. If enacted, the bill would significantly increase the federal inmate population and strain the court system.
