Immigration Reform Caucus

The Prohibition Against Criminal Alien Re-entry Act of 2007

H.R. 3145

July 31, 2007

In 2006, the State of Texas executed Angel Resendez (aka the “Railroad killer”), an illegal alien from Mexico who committed a series of brutal murders during the late 1990s.  Throughout Resendez’s killing spree he was able to continually cross our border despite numerous run-ins with law enforcement and an extensive rap sheet that included theft, trespassing, weapons violations and assault. 

Today, all too often, criminal aliens like Resendez are able to illegally re-enter our country without fear of prosecution.  Under current law an alien must be convicted of three or more misdemeanors before that alien can be criminally prosecuted for illegal re-entry into the United States. 

H.R. 3145 allows U.S. Attorneys to prosecute criminal aliens who re-enter our country if that alien has been convicted of two or more misdemeanors involving drugs, crimes against persons, or a felony (other than an aggravated felony).  Federal prosecutors should not have to wait for an alien to commit several misdemeanor crimes, or worse yet a serious offense such as murder, before that alien can be criminally prosecuted for illegally re-entering our country.  

Additionally, this legislation increases the maximum penalties for illegal re-entry by aliens previously convicted of a felony (from 10 to 20 years) or aggravated felony (from 20 to 30 years).  Given their limited resources, U.S. Attorneys must prioritize the offenses they choose to prosecute based on the severity of the offenses.  Raising the maximum penalty for criminal alien re-entry shows that Congress deems it a serious offense and increases the likelihood that these cases will be prosecuted.