§ 3704 : ILLEGAL ENTRY

IN GENERAL.— Section 275(8 U.S.C. 1325) is amended to read as follows:

SEC. 275. ILLEGAL ENTRY.

a.

IN GENERAL.—

1.

CRIMINAL OFFENSES.—An alien shall be subject to the penalties set forth in paragraph (2) if the alien—

A.

enters or crosses the border into the United States at any time or place other than as designated by the Secretary of Homeland Security;

B.

eludes examination or inspection by an immigration officer, or a customs or agriculture inspection at a port of entry; or

C.

enters or crosses the border to the United States by means of a knowingly false or misleading representation or the concealment of a material fact.

2.

CRIMINAL PENALTIES.—Any alien who violates any provision under paragraph (1)—

A.

shall, for the first violation, be fined under title 18, United States Code, imprisoned not more than 12 months, or both;

B.

shall, for a second or subsequent violation, or following an order of voluntary departure, be fined under such title, imprisoned not more than 3 years, or both;

C.

if the violation occurred after the alien had been convicted of 3 or more misdemeanors with the convictions occurring on different dates or of a felony for which the alien served a term of imprisonment of 15 days or more, shall be fined under such title, imprisoned not more than 10 years, or both; and

D.

if the violation occurred after the alien had been convicted of a felony for which the alien was sentenced to a term of imprisonment of not less than 30 months, shall be fined under such title, imprisoned not more than 15 years, or both.

3.

PRIOR CONVICTIONS.—The prior convictions described in subparagraphs (C) and (D) of paragraph (2) are elements of the offenses described in that paragraph and the penalties in such subparagraphs shall apply only in cases in which the conviction or convictions that form the basis for the additional penalty are—

A.

alleged in the indictment or information; and

B.

proven beyond a reasonable doubt at trial or admitted by the defendant under oath as part of a plea agreement.

b.

IMPROPER TIME OR PLACE; CIVIL PENALTIES.—Any alien older than 18 years of age who is apprehended while knowingly entering, attempting to enter, or crossing or attempting to cross the border to the United States at a time or place other than as designated by immigration officers shall be subject to a civil penalty, in addition to any criminal or other civil penalties that may be imposed under any other provision of law, in an amount equal to—

1.

not less than $250 or more than $5,000 for each such entry, crossing, attempted entry, or attempted crossing; or

2.

twice the amount specified in paragraph (1) if the alien had previously been subject to a civil penalty under this subsection.

c.

FRAUDULENT MARRIAGE. — An individual who knowingly enters into a marriage for the purpose of evading any provision of the immigration laws shall be imprisoned for not more than 5 years, fined not more than $250,000, or both.

d.

COMMERCIAL ENTERPRISES.— Any individual who knowingly establishes a commercial enterprise for the purpose of evading any provision of the immigration laws shall be imprisoned for not more than 5 years, fined in accordance with title 18, United States Code, or both.