Stop Illegal Entry Act Mandates 5-Year Minimum Sentence for Undocumented Individuals Committing a Felony

The “Stop Illegal Entry Act of 2025” is looking to dramatically raise the stakes for non-citizens who enter the U.S. without authorization and then run into trouble with the law. This bill isn't just tweaking penalties; it’s putting down mandatory minimum sentences that could reshape how the federal system handles these cases. The maximum penalty for the initial act of illegal entry itself is going up, jumping from two years to five years in prison (SEC. 2).

The Mandatory Minimum Hammer

Here’s the provision that cuts deepest: If a person enters the U.S. illegally and is later convicted of any crime punishable by more than one year in prison, they now face a mandatory minimum sentence of five years. They could even be sentenced to life (SEC. 2). Think about that—it’s not just for violent crime. If someone who entered without authorization gets convicted of, say, certain financial fraud or even repeat DUI offenses (depending on the state's felony threshold), the judge’s hands are tied. They must impose at least five years, regardless of mitigating circumstances or the specifics of the crime. This removes judicial discretion entirely and creates a massive sentencing disparity compared to similar crimes committed by citizens or legally present residents.

Reentry Penalties Go Exponential

If you’ve been removed from the U.S. before and try to come back without official permission, the consequences are about to get much heavier (SEC. 3). For standard unauthorized reentry, the maximum prison time is now 10 years. But the bill targets specific groups with even harsher rules. If you were removed and had prior convictions for three or more drug or violent misdemeanors, you could face up to 15 years. And if you were removed due to security concerns, you face a mandatory, non-concurrent 10-year prison sentence.

The 10-Year Mandatory Minimum for Prior Felons

The bill also introduces a mandatory minimum of 10 years in prison—up to life—for anyone who reenters illegally if they had been convicted of a serious crime before their removal (SEC. 3). This includes any aggravated felony or any crime defined as a felony in the jurisdiction where they were convicted. For the people this targets, the system is essentially saying that if you come back, the minimum price you pay is a decade behind bars. This applies even if the subsequent reentry itself is non-violent and the individual has been living and working peacefully.

Redefining 'Removal' in the Legal System

One interesting but potentially tricky change is how the bill defines “removal.” It clarifies that “removal” now includes any situation where someone agrees to be removed as part of settling a criminal case in state or federal court (SEC. 3). This means if someone takes a plea deal that includes an agreement to leave the country, that agreement now carries the same weight as a formal deportation order. If they ever return, they are subject to these drastically increased reentry penalties. This is a crucial detail for anyone negotiating a criminal plea, as it permanently locks them into the risk of a 10-year-plus mandatory sentence if they ever come back to the U.S. without permission.