S.271 - Stop Illegal Reentry Act (119th Congress)
Summary
The "Stop Illegal Reentry Act" (S.271) aims to amend the Immigration and Nationality Act by increasing penalties for individuals who illegally re-enter the United States after having been removed. The bill introduces stricter criminal penalties, including mandatory minimum sentences, for repeat offenders and those with prior convictions. It also redefines the term 'removal' to include agreements where an alien stipulates to removal during a criminal trial.
Expected Effects
The bill's enactment would likely lead to increased detention and incarceration rates for individuals who re-enter the U.S. illegally. It could also deter some individuals from attempting to re-enter after removal. The changes could also impact the workload of the Department of Homeland Security and the federal court system.
Potential Benefits
- Enhanced border security through stricter enforcement.
- Potential reduction in crime rates by deterring repeat offenders.
- Increased public safety by removing individuals with criminal records.
- Reinforcement of immigration laws and procedures.
- Could reduce strain on social services by deterring illegal reentry.
Most Benefited Areas:
Potential Disadvantages
- Potential for increased strain on the justice system and correctional facilities.
- Risk of disproportionate impact on certain communities.
- Possible separation of families due to stricter enforcement.
- Concerns about due process and fair treatment of immigrants.
- Could lead to increased costs for taxpayers due to higher incarceration rates.
Constitutional Alignment
The bill's constitutionality could be challenged under the Fifth Amendment (due process) and Eighth Amendment (cruel and unusual punishment) depending on the severity of the penalties imposed and the circumstances of individual cases. Article I, Section 8, Clause 4 grants Congress the power to establish a uniform Rule of Naturalization. The bill appears to align with this power by regulating immigration and setting penalties for unlawful reentry. However, the specific application of the penalties would need to be carefully considered to ensure constitutional compliance.
Impact Assessment: Things You Care About ⓘ
This action has been evaluated across 19 key areas that matter to you. Scores range from 1 (highly disadvantageous) to 5 (highly beneficial).