HB3486, the Stop Illegal Entry Act of 2025, would amend the Immigration and Nationality Act to substantially increase criminal penalties for unlawful entry and reentry into the United States after removal. It raises the maximum penalty for certain illegal entry offenses under INA section 275 from 2 years to 5 years, and adds a new mandatory minimum of 5 years for a person who unlawfully enters and is later convicted of a crime punishable by more than one year in prison.
The bill also rewrites INA section 276 to increase penalties for reentry after removal. In general, a removed or excluded noncitizen who reenters, attempts to reenter, or is found in the United States could face up to 10 years in prison. Higher penalties apply for people with prior misdemeanor convictions involving drugs or crimes against the person, people removed for certain security-related grounds, people removed under specified criminal provisions, and people with three or more prior removals. For certain prior convictions, the bill creates a mandatory minimum sentence of 10 years and allows imprisonment up to life. It also shifts references from the Attorney General to the Secretary of Homeland Security and clarifies that “removal” includes stipulated removals in criminal cases.
Impact
If enacted, the bill would make federal immigration offenses tied to illegal entry and reentry significantly more punitive, expanding both maximum sentences and mandatory minimums under 8 U.S.C. 1325 and 1326. It would affect noncitizens previously removed, excluded, or deported, especially those with prior criminal convictions or multiple removals, and would give the Department of Homeland Security a more central role in consent for reapplication for admission. The bill would not create a new immigration system, but would alter enforcement and sentencing rules in existing federal law.
Sentiment
The bill appears to have strong support in the House, passing 225-196, which suggests a largely partisan divide and a generally favorable view among supporters of tougher immigration enforcement. The lack of committee transcript material limits insight into detailed debate, but the vote indicates the measure was controversial rather than broadly bipartisan. Its movement to the Senate shows it advanced despite opposition.
Contention
The main points of contention are likely the severity of the increased penalties, especially the new mandatory minimums and the possibility of life imprisonment for repeat or serious offenders, and whether criminal sentencing is an appropriate tool for immigration enforcement. Opponents would likely argue that the bill is overly punitive and could sweep broadly across noncitizens with prior removals, while supporters would emphasize deterrence and public safety, particularly for repeat entrants and those with criminal histories. The House vote margin suggests these policy disagreements were significant.
Related
Providing for consideration of the bill (H.R. 3838) to authorize appropriations for fiscal year 2026 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes, and providing for consideration of the bill (H.R. 3486) to amend the Immigration and Nationality Act to increase penalties for individuals who illegally enter and reenter the United States after being removed, and for other purposes.
Amends existing law to revise provisions regarding illegal entry, to remove provisions regarding illegal entry, and to provide for certain affirmative defenses.