New Act Mandates 10-Year Minimum Prison Sentence for Illegal Re-Entry Plus a Crime

The “Punishing Illegal Immigrant Felons Act of 2025” is a piece of legislation that dramatically raises the stakes for non-citizens who commit crimes after entering the U.S. without authorization or after being deported. Simply put, if you’re here without authorization and commit a crime, the sentence just got a whole lot longer—and it’s mandatory.

The New Math: Felony + Unauthorized Entry

This bill introduces a significant sentencing stack. Right now, if someone enters the U.S. without authorization and later gets convicted of a crime that carries a sentence of more than one year (a felony in most contexts), they face penalties for both the crime and the illegal entry. This bill makes that combination much harsher. Under Section 2, the maximum penalty for the initial illegal entry offense itself jumps from 2 years to 5 years. Crucially, if that person then commits a crime punishable by more than a year in prison, they must serve a minimum of 5 years in prison in addition to the sentence for the crime they committed. Think of it as a mandatory, five-year surcharge just for the immigration status combined with the crime.

The Re-Entry Rule: 10 Years, No Exceptions

The penalties get even more severe for those who have been previously removed (deported) and re-enter the country illegally. Under the current system, the minimum sentence for illegal re-entry is 2 years. This bill mandates a substantial increase, raising the minimum prison time for illegally re-entering after removal to 10 years. For context, that’s the same minimum sentence often associated with serious drug trafficking offenses.

Furthermore, if someone who was previously removed re-enters illegally and commits another crime—especially if their initial removal followed a serious felony conviction—they must now serve a minimum of 10 years in prison, again, in addition to whatever sentence they get for the new crime. This provision significantly increases the mandatory minimum penalties for repeat immigration and criminal offenders, essentially eliminating judicial flexibility in these cases.

Real-World Impact: Less Judicial Discretion, More Time Served

For the federal criminal justice system, this means two things: less discretion for judges and a massive increase in the federal prison population. When mandatory minimums are this high, judges lose the ability to consider mitigating factors—like the severity of the crime, rehabilitation efforts, or individual circumstances. The focus shifts entirely to applying the letter of the law, which is now significantly more punitive. For taxpayers, this means locking up individuals for much longer periods, leading to substantial increases in the cost of federal incarceration. The bill is clear and specific in its goal: to impose the longest possible sentences on non-citizens who commit crimes after violating immigration laws.