Summary of H.R.

361
To Amend the Immigration and Nationality Act to
Increase the Penalties Applicable to Aliens Who
Unlawfully Re-Enter the United States After Being
Removed (Kates Law)
January 2017

H.R. 361, introduced by Congressman Steve King (R-IA), 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 Senate (S. 45) was introduced by Senator Ted Cruz (R-TX). These
bills are also known as Kates 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
For more information on Federal, State and Local legislation, visit FAIRus.org.
Federation for American Immigration Reform
25 Massachusetts Avenue, NW, Suite 330 Washington, D.C. 20001
(202) 328-7004 info@fairus.org

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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.

For more information on Federal, State and Local legislation, visit FAIRus.org.
Federation for American Immigration Reform
25 Massachusetts Avenue, NW, Suite 330 Washington, D.C. 20001
(202) 328-7004 info@fairus.org