S. 890Senate117th Congress (2021-2023)In Committee

Kate's Law

Sponsored by Ted CruzSen. Ted Cruz (R-TX)
Introduced March 22, 2021

AI-Generated Summary

Updated February 8, 2026 at 12:49 AM UTC

Kate’s Law amends the Immigration and Nationality Act to impose tougher criminal penalties on non‑citizens who illegally reenter the United States after being removed, deported, or denied admission. It targets people with prior criminal convictions, multiple removals, or who reenter without permission from the Secretary of Homeland Security. The changes affect any alien who attempts or succeeds in illegal reentry and expands the possible fines and prison terms.

Key Provisions

  • Creates a new penalty structure that can fine reentrants under Title 18 and imprison them up to 10 years if they have prior drug‑related misdemeanors, other crimes, or have been removed multiple times.
  • Establishes mandatory minimum sentences of 5 to 20 years for reentrants convicted of an aggravated felony or who have illegally reentered at least twice.
  • Allows a first‑time reentry without prior consent to be punished by up to 5 years in prison and/or a fine, unless the Secretary of Homeland Security has expressly authorized reentry.
  • Requires advance consent from the Secretary of Homeland Security for any reentry; lack of consent triggers the enhanced penalties.
  • Updates references in the law, replacing “Attorney General” with “Secretary of Homeland Security” and revises section citations accordingly.

Legislative Activity

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1 earlier action
SenateIntro Referral Latest Action

Read twice and referred to the Committee on the Judiciary.

March 22, 2021

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SenateIntro Referral

Introduced in Senate

March 22, 2021

SenateIntro Referral

Read twice and referred to the Committee on the Judiciary.

March 22, 2021

Floor Debate

3 members

What members said about S. 890 on the floor

1 Republican2 Democrats
Ted Cruz
Sen. Ted CruzR-TX · Mar 24, 2021

Madam President, I rise today to bring attention to the serious humanitarian crisis at our southern border. Right now, as we speak, thousands of children have entered the United States illegally and…

Ben Ray Luján
Sen. Ben Ray LujánD-NM · Mar 24, 2021

Reserving the right to object. Madam President, there is not a single Democratic Senator in this body who believes that someone who commits a violent crime should not feel the full weight of the U.S.…

Amy Klobuchar
Sen. Amy KlobucharD-MN · Apr 14, 2021

Mr. President, I ask unanimous consent for the legislative activities report of the Committee on Rules and Administration during the 116th Congress be printed in the Congressional Record.

Bill Text

Latest available legislative text

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Introduced in SenateIssued March 22, 2021

II

117th CONGRESS

1st Session

S. 890

IN THE SENATE OF THE UNITED STATES

March 22, 2021

Mr. Cruz introduced the following bill; which was read twice and referred to the Committee on the Judiciary

A BILL

To amend the Immigration and Nationality Act to increase penalties for individuals who illegally reenter the United States after being removed, and for other purposes.

1.

Short titles

This Act may be cited as the Stop Illegal Reentry Act or as Kate's Law.

2.

Increased penalties for reentry of removed alien

Section 276 of the Immigration and Nationality Act (8 U.S.C. 1326) is amended—

(1)

by redesignating subsections (c) and (d) as subsections (d) and (e), respectively;

(2)

by striking subsections (a) and (b) and inserting the following:

(a)

In general

Subject to subsections (b) and (c), any alien who—

(1)

has been denied admission, excluded, deported, or removed or has departed the United States while an order of exclusion, deportation, or removal is outstanding; and

(2)

thereafter enters, attempts to enter, or is at any time found in, the United States, unless—

(A)

prior to the alien’s reembarkation at a place outside the United States or the alien’s application for admission from foreign contiguous territory, the Secretary of Homeland Security has expressly consented to such alien’s reapplying for admission; or

(B)

with respect to an alien previously denied admission and removed, such alien shall establish that the alien was not required to obtain such advance consent under this Act or any prior Act,

shall be fined under title 18, United States Code, imprisoned not more than 5 years, or both.
(b)

Criminal penalties for reentry of certain removed aliens

(1)

In general

Notwithstanding the penalty under subsection (a), and except as provided in subsection (c), an alien described in subsection (a)—

(A)

who was convicted before such removal or departure of 3 or more misdemeanors involving drugs, crimes against the person, or both, or a felony (other than an aggravated felony), shall be fined under title 18, United States Code, imprisoned not more than 10 years, or both;

(B)

who has been excluded from the United States pursuant to section 235(c) because the alien was inadmissible under section 212(a)(3)(B) or who has been removed from the United States pursuant to title V, and who thereafter, without the permission of the Secretary of Homeland Security, enters the United States, or attempts to do so, shall be fined under title 18, United States Code, and imprisoned for a period of 10 years, which sentence shall not run concurrently with any other sentence;

(C)

who was removed from the United States pursuant to section 241(a)(4)(B) who thereafter, without the permission of the Secretary of Homeland Security, enters, attempts to enter, or is at any time found in, the United States, shall be fined under title 18, United States Code, imprisoned for not more than 10 years, or both; and

(D)

who has been denied admission, excluded, deported, or removed 3 or more times and thereafter enters, attempts to enter, crosses the border to, attempts to cross the border to, or is at any time found in the United States, shall be fined under title 18, United States Code, imprisoned not more than 10 years, or both.

(2)

Removal defined

In this subsection and in subsection (c), the term removal includes any agreement in which an alien stipulates to removal during (or not during) a criminal trial under either Federal or State law.

(c)

Mandatory minimum criminal penalty for reentry of certain removed aliens

Notwithstanding the penalties provided in subsections (a) and (b), an alien described in subsection (a)—

(1)

who was convicted before such removal or departure of an aggravated felony; or

(2)

who was convicted at least two times before such removal or departure of illegal reentry under this section,

shall be imprisoned not less than five years and not more than 20 years, and may, in addition, be fined under title 18, United States Code.

; and

(3)

in subsection (d), as redesignated by paragraph (1)—

(A)

by striking section 242(h)(2) and inserting section 241(a)(4); and

(B)

by striking Attorney General and inserting Secretary of Homeland Security.