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Summary of S. 1762
Establishing Mandatory Minimums for Illegal Reentry
Act of 2015 (Kate’s Law)
October 2015
S. 1762, introduced by Senator Ted Cruz (R-TX), is a bill that amends the Immigration and Nationality Act (INA) to establish mandatory minimum penalties applicable to aliens who unlawfully reenter the United States after being removed. The companion bill in the House (H.R. 3011) was introduced by Congressman Matt Salmon (R-AZ). These bills
are also known as “Kate’s Law” after Kate Steinle
, a California woman who was shot and killed by an illegal alien with five previous deportations and seven felony convictions.
Establishing Mandatory Minimums for Illegal Reentry
The bill amends INA Section 276 (8 U.S.C. § 1326) to impose a mandatory minimum prison sentence for previously removed aliens who subsequently reenter the country unlawfully. First, it revises Section 276(a) to establish a five-year mandatory minimum sentence as punishment for re-entry into the United States after deportation. Additionally, it revises Section 276(b) to establish five-year mandatory minimum sentences (while keeping the maximum sentences under current law) for the illegal reentry of aliens with certain previous criminal convictions.
Why Mandatory Minimum Penalties are Necessary
On July 1, 2015, Kate Steinle was shot and killed in San Francisco by Francisco Sanchez, an illegal alien with seven felony convictions and five previous deportations. Even though he was repeatedly deported, Sanchez continually returned to the country. Under current law, illegal reentry is punished by (1) a fine; (2) imprisonment for up to two years; or (3) both. Cases like Sanchez demonstrate that the broad discretion given judges in penalizing illegal reentry are an insufficient deterrent. Therefore, mandatory minimum sentences are necessary to remove judicial discretion and send a clear message that the U.S. will seriously enforce our immigration laws.