Proposed Federal Immigration Enforcement Act — Amendments to 8 U.S.C. §§ 1325, 1326, 1324, and Related Removal Provisions
Any alien who knowingly enters or attempts to enter the United States at a time or place other than one designated by immigration officers, eludes inspection, or obtains entry through fraud, concealment, false identification, or material misrepresentation commits unlawful entry. (§ 1325)
This “Proposed New Immigration Law” page on NotAnotherDemocrat.com details a sweeping amendment to Title 8 US CFR 1101.1 designed to criminalize and deter unlawful immigration. It defines unlawful entry as any alien crossing into the United States or its territories after July 1, 1948, without a qualifying pre-1924 nonquota immigration visa.
The proposal implements a tiered penalty framework. Simple unlawful entry constitutes a Class A misdemeanor. Unlawful entry involving aggravating elements such as prior attempts, false documents, or barrier breaches rises to a Class C felony with 1–5 years mandatory imprisonment. Aggravated unlawful entry—including resistance, child endangerment, election interference, public office seeking, smuggling, or armed entry—qualifies as a Class B felony punishable by 5–15 years in prison and fines reaching $100,000 or the total costs of legal proceedings, deportation, and damages.
All violators undergo mandatory biometric profiling (DNA, fingerprints, and photographs) and receive a lifelong CASE ID archived for 270 years. Following detention, they face repatriation (simple or forced) and permanent exclusion from re-entry, federal and state benefits, citizenship, and U.S. employment. Employers hiring such individuals risk Class D felony charges.
Severe additional penalties apply to those aiding or abetting entry, human trafficking, or mass crossings. Narrow exemptions are granted for certain military veterans, immediate family of native-born citizens, individuals fleeing imminent deadly force at the border, and a few other limited circumstances. The legislation emphasizes robust enforcement by border agencies to restore order and prioritize American citizens.
Title 1: Definitions
I. Unlawful entry Official statutory term: “Improper entry by alien” (8 U.S.C. § 1325).
Key provisions in the existing law (8 U.S.C. § 1325(a)):
Any alien who
(1) enters or attempts to enter the United States at any time or place other than as designated by immigration officers, or
(2) eludes examination or inspection by immigration officers, or
(3) attempts to enter or obtains entry to the United States by a willfully false or misleading representation or the willful concealment of a material fact...
Penalties:
For the first commission — fined under title 18 or imprisoned not more than 6 months, or both. This is the primary federal statute criminalizing what is commonly called “unlawful entry” or “illegal entry.”
II. Repeat unlawful entry
Key Provision - (8 U.S.C. § 1325(a)): ...and, for a subsequent commission of any such offense...
...shall be fined under title 18, or imprisoned not more than 2 years, or both. This explicitly creates a felony-level offense for repeat improper entries (distinct from first-offense misdemeanor treatment).
Civil penalties under § 1325(b) also double for repeat violators.
III. Proposal: Aggravated Unlawful Entry
The closest analogous provisions are:
Under the current law - enhanced penalties for reentry of removed aliens under 8 U.S.C. § 1326(b) (commonly called “illegal reentry”).
If the prior removal followed conviction for an aggravated felony, the maximum penalty rises to 20 years imprisonment (other priors yield 10 years).
Legislative proposals (e.g., the Stop Illegal Entry Act of 2025) have used or suggested similar phrasing.
IV. Organized unlawful entry
Under the current law - there is not a standalone defined term “organized unlawful entry” in the U.S. Code.
The prohibited conduct in our proposal is currently addressed under 8 U.S.C. § 1324 (human smuggling / bringing in and harboring certain aliens) with specific penalty enhancements for organized or commercial operations, including:
Offenses committed for commercial advantage or private financial gain (up to 10 years).
Involvement of an “ongoing commercial organization or enterprise” (additional increase of up to 10 years).
Transportation of aliens “in groups of 10 or more” (additional increase of up to 10 years).
These enhancements target structured, profit-driven smuggling operations.
V. Proposal: Human Smuggling
Under the current law, the official statutory term is ambiguous: “Bringing in and harboring certain aliens” (8 U.S.C. § 1324). This is the primary federal human smuggling statute.
Key prohibitions:
Knowing or in reckless disregard that a person is an alien:
Bringing or attempting to bring an alien to the United States at a place other than a designated port of entry.
Transporting or moving such an alien within the United States in furtherance of the violation.
Concealing, harboring, or shielding from detection such an alien.
Encouraging or inducing an alien to come to, enter, or reside in the United States in violation of law.
Engaging in a conspiracy or aiding/abetting any of the above.
Penalties:
(Since they vary significantly in the current law, we list them here. Enhanced penalties exist when committing these crimes under the following conditions:
commercial gain
serious bodily injury
placing life in jeopardy
death (up to life imprisonment or death penalty in some cases),
or large-scale operations.
Conveyances and proceeds are subject to forfeiture.
VI. Trafficking-related Unlawful Entry
Under the current law, there is no exact defined term “trafficking-related unlawful entry”.
Key provisions in the Human smuggling (§ 1324) law
Under the "human smuggling" provisions, we find some distinctions from human trafficking (primarily 18 U.S.C. Chapter 77, e.g., § 1591 for sex trafficking of children or by force/fraud/coercion, and § 1589 for forced labor).
Unlawful entry can be charged alongside trafficking offenses when entry facilitates exploitation.
Federal coordination occurs through 8 U.S.C. § 1777 (Human Smuggling and Trafficking Center).
Smuggling is typically consensual/paid transport; trafficking involves force, fraud, or coercion for exploitation.
VII. Material Support
The criminal definition in the current law is under (18 U.S.C. § 2339A(b)(1)): “the term ‘material support or resources’ means any property, tangible or intangible, or service, including currency or monetary instruments or financial securities, financial services, lodging, training, expert advice or assistance, safehouses, false documentation or identification, communications equipment, facilities, weapons, lethal substances, explosives, personnel (1 or more individuals who may be or include oneself), and transportation, except medicine or religious materials.”
Prohibition:
(§ 2339A(a)): Providing such support knowing or intending it will be used in preparation for or in carrying out certain federal crimes (including terrorism-related offenses), with penalties up to 15 years (or life if death results).
Immigration context (8 U.S.C. § 1182(a)(3)(B)(iv)(VI)):
A similar but slightly narrower definition applies to grounds of inadmissibility for providing material support to terrorist organizations or activities.
VIII. Child Endangerment.
Under the current law, there is no standalone federal “child endangerment” statute specifically defined in the immigration or border context in the U.S. Code. State convictions for child endangerment (or equivalent “crime of child abuse, child neglect, or child abandonment”) can trigger deportability under 8 U.S.C. § 1227(a)(2)(E)(i).
In the human smuggling context (8 U.S.C. § 1324), if the violation causes serious bodily injury or places any person’s life in jeopardy (which can include endangering children through hazardous transport or conditions), penalties are enhanced to up to 20 years imprisonment (or life/death if death results).
IX. Border Infrastructure
This is a program category under 6 U.S.C. Chapter 5 (“Border Infrastructure and Technology Modernization”). It encompasses the physical facilities, technology, ports of entry, barriers, surveillance systems, roads, and related assets at or near U.S. borders managed or funded by the Department of Homeland Security for border security, enforcement, and facilitation of lawful travel and trade.
The chapter authorizes modernization, acquisition, and improvement programs but does not provide a single concise statutory “definition” of the phrase. Related authorities also appear in Title 8 (e.g., § 1103 for border patrol functions) and annual appropriations.
These provisions are drawn directly from the current United States Code (primarily Titles 6, 8, and 18).
Note:
Some of these definitions are phrases meant to be descriptive or colloquial rather than precise statutory terms; in these cases, the closest current codified concepts, offenses and enhancements are identified above. For the most current text, consult the official U.S. Code on uscode.house.gov or law.cornell.edu/uscode.
Proposed New Law
1101.1(A) A person found guilty of "simple unlawful entry" shall:
Simple Unlawful Entry: An alien committing the act of "unlawful entry" without offering resistance is guilty of a class A misdemeanor. To be found guilty of simple unlawful entry, an alien, upon entry, must have no prior illegal attempts, must not be suspected of having committed any other crimes; must not have falsified any official documents upon entry; must not have lied on any declaration or form; and must not have defeated or overcome any physical barriers to gain entry.
(A)1 Have DNA collected by a qualified medical practitioner and archived for entry evaluation retrieval by INS, the Coast Guard and the USCBP.
(A)2 Will have their finger prints and picture taken and assigned a CASE ID which will be stored electronically by the INS for 270 years;
(A)3 Will be confined at the nearest border detention facility until such time as they can be repatriated to their country of origin or the border country they originated from.
(A)4 Will have their criminal history checked for existing warrants and wants.
(A)5 Will be permanently persona non-grata.
(A)6 Will be denied all employment by persons or companies operating in the jurisdiction of the United States.
(A)7 Will be denied all local, state and federal benefits.
(A)8 Will be permanently barred from making citizenship application.
(A)9 Will be denied all medical care, except that which is needed to prevent them from immediate death or grievous bodily injury.
1101.1(B) A person found guilty of "unlawful entry" shall:
Unlawful Entry: An alien commits the act of "unlawful entry" without offering resistance, where any one of the following is true; has been found with prior unlawful entry(ies), is suspected of having committed other crimes in this country; having falsified official documents or in possession of falsified documents; or who has defeated or overcome any physical barriers upon entry.
(B)1 Be subject to all the sanctions of "simple unlawful entry", except:
(B)1.1 Will be charged with a class C felony, and if found guilty, will serve a mandatory minimum of 1 to 5 years in prison.
(B)1.2 Will be barred from seeking asylum in this country, for any reason, for all of time.
(B)1.3 Will be barred from entry into any US Consulate, Embassy or Military Zone of Occupation.
(B)1.4 Will be barred from being paid for any information offered to the United States or it's contractors.
(B)1.4 Will be barred from being paid for any goods and/or services rendered to United States or it's contractors.
1101.1(C) A person found guilty of "aggravated unlawful entry" shall:
Aggravated Unlawful Entry: An alien commits the act of "aggravated unlawful entry" by offering any resistance during apprehension; or where any one of the following is true; has been found with multiple prior unlawful entry(ies), who is guilty of having committed any other crimes in this country; who has damaged any physical barriers upon entry such that more than just one alien can enter; who has been concealed on any commercial transport, air, sea or land; who has aided or abetted other unlawful entries; who entered with an alien unaccompanied child; who entered with a alien child of their own; who is found to have participated in any local, state or federal election; who has run for public office or held a local, state or federal job, or who has smuggled or caused to have smuggled any contraband, into the United States, during entry.
(C)1 Be subject to all the sanctions of "unlawful entry", except:
(C)1.1 Will be charged with a class B felony, and if found guilty, will serve a mandatory minimum of 5 to a max of 15 years in prison.
(C)1.1 Will pay a fine of up to $100,000.00 or the cost of lawyers fees, deportation, medical bills, and repairs, whichever is greater.
(C)1.1 Will be banned from any US based company hiring them or doing business with them, world wide.
1101.1(D) Aiding and abetting
(D)1 Any citizen who knowingly assists, provides aid or material support to another person committing "unlawful entry" is guilty of the crime of "accessory to an unlawful entry". A person, organization or company found guilty of "accessory to unlawful entry" is guilty of a a class D felony.
(D)2 Any non-citizen who knowingly assists, provides aid or material support to another person committing "unlawful entry" is guilty of the crime of "accessory to an unlawful entry - foreign actor" and is guilty of a class C felony.
(D)3 Any diplomat who knowingly assists, provides aid to or material support to another person committing "unlawful entry", will be expelled immediately and declared persona non-grata for all of time, to the United States, its embassies and territories.
(D)4 A person who commits unlawful entry, who is pregnant or about to give birth, or is accompanied by a child age 16 or younger is guilty of "unlawful entry" and "endangering the welfare of a child" and is guilty of a class D felony.
(D)5 A person who commits unlawful entry, who is in the company of one or more other persons also to be committing "unlawful entry" will all be charged with "unlawful entry en-mass" and are guilty of a class A misdemeanor.
(D)6 A person who commits unlawful entry, who is also engaged in human trafficking or human sex trafficking, is guilty of "aggravated unlawful entry". A person found guilty of "aggravated unlawful entry" is guilty of a class B felony for each person being smuggled.
(D)7 A person who commits any unlawful entry crime, while armed with a weapon of any type, is guilty of a class B felony.
(D)8 A person who commits any unlawful entry crime, while attempting or committing espionage, sabotage, or subversion, is guilty of a class A felony. During time of war, a class A felony, capital offence, punishable under the UCMJ if caught by the military and under the CFR if caught by any member of law enforcement.
1101.1(E) - Exemptions to Simple Unlawful Entry
(E)1 - Honorably served in the armed forces of the United States as a member of any uniformed service branch or the merchant marine.
(E)2 - Is an undocumented ex-patriot child, sibling or parent of at least one native born US Citizen.
(E)3 - Is fleeing an imminent threat of deadly force, within 1 mile of any US Border.
(E)4 - Enters on mistake of fact, at a lawful port of entry.
(C)5 - An unaccompanied child 16 years of age or younger.
1101.2 - Deportation of Persons guilty of Unlawful Entry
(A)1 - Repatriation - A person is repatriated by being removed from the United States and returned to their native country.
(A)2 - Simple Deportation - A person undergoes a simple deportation by being brought to a border nation or host nation deportation facility for processing.
(A)3 - Forced Repatriation - A person has been recently released from confinement and is being returned to their country of origin, while in restraints and or under a judges order.