Kate's Law Mandates 5-Year Minimum for Illegal Entry Followed by Felony Conviction

This bill, officially titled Kate’s Law, is a major overhaul of how the U.S. handles criminal penalties for non-citizens who are unlawfully present and commit serious crimes, and for those who illegally re-enter the country after being removed. At its core, the law dramatically increases mandatory minimum prison sentences for specific immigration violations tied to criminal activity. It’s all about tightening the screws on enforcement by ensuring that certain offenses result in significantly longer, non-negotiable prison time.

The New Math on Illegal Entry

Section 2 of the bill focuses on what happens when someone who is unlawfully present in the U.S. later gets convicted of a serious crime. Right now, if an individual entered the country illegally—meaning they snuck across the border or lied to get in—and then get convicted of a crime punishable by more than one year in prison (a felony in most jurisdictions), they face a penalty for that initial illegal entry. This law increases that penalty from a maximum of two years to a mandatory minimum of five years in prison. Think of it this way: if someone who is unlawfully present gets convicted of, say, aggravated assault, they now face the mandatory five-year minimum for the immigration violation in addition to the sentence for the assault itself. This provision is broad because “a crime punishable by more than one year” covers a huge range of offenses, meaning the five-year mandatory minimum kicks in frequently.

Re-Entry Gets Real Tough

Section 3 targets illegal re-entry after removal, and this is where the penalties really escalate. If you were previously deported or removed and come back without permission, the existing penalties are already serious, but this bill adds several layers of mandatory minimums, particularly for those with criminal records. For someone who was removed and had a prior conviction for an aggravated felony or any crime punishable by over one year, illegally re-entering now triggers a mandatory minimum prison sentence of 10 years. This is a huge jump and removes any judicial discretion to issue a shorter sentence, even if the judge believes the circumstances warrant it.

Who Pays the Price?

This legislation is designed to maximize punishment for repeat offenders and those who commit crimes after entering illegally. However, mandatory minimums always raise eyebrows because they tie the hands of judges and can lead to disproportionately harsh outcomes. The sheer length of these new mandatory sentences (5 years and 10 years) means a significant increase in the federal prison population and, consequently, a higher cost to taxpayers for incarceration. Furthermore, the bill expands the definition of “removal” to include situations where someone agrees to be removed as part of a state or federal criminal plea deal. This means that an individual trying to resolve a minor criminal charge through a plea could inadvertently trigger the new, much harsher 10-year mandatory minimum if they ever try to re-enter the U.S. later on. For busy people, the takeaway is simple: this bill is a major shift toward longer prison sentences for immigration offenses, which means higher corrections costs and less flexibility in the justice system.