Stop Illegal Entry Act: What Criminal Defense Lawyers Need to Know

On September 11, 2025, the U.S. House of Representatives passed a controversial bill called the “Stop Illegal Entry Act” (H.R. 3486). Although this name may sound like just another border security measure, the bill, if passed by the Senate and signed into law, could dramatically shift how immigration-related crimes are prosecuted in the United States, especially for non-citizens with past criminal convictions.

For criminal defense attorneys like those at Carey Law Office, LLC, if the person charged is a non-citizen in state court, this bill is a major red flag. It introduces things like mandatory minimum sentences for illegal entry and reentry under the Immigration and Nationality Act (INA). In short, it dramatically raises the stakes in a big way for people who have entered or reentered the country without authorization, and for the lawyers advising them.

What does the Stop Illegal Entry Act do?

The Stop Illegal Entry Act adds severe mandatory minimum sentences to two major immigration-related crimes.

• Illegal entry and felony conviction. Under INA § 275 (8 U.S.C. § 1325), it’s already a crime for someone to enter the United States without authorization. If a person who entered illegally is later convicted of a felony offense (generally defined as crimes punishable by more than one year), the bill imposes a minimum of five years in federal prison, with a maximum of life. Let this sink in. Even relatively lower-level felonies under Maryland or Federal law, like possession with intent to distribute a controlled substance or burglary, could trigger the five-year federal minimum if the person previously entered the U.S. illegally.
• Illegal reentry. This one is even more serious. Under INA § 276 (8 U.S.C. § 1326), the bill sets a 10-year mandatory minimum (up to life) for certain repeat or felony-history cases, while keeping up to 10 years (no minimum) for other reentry cases. This means that even someone without a violent record, just prior removals, or a past drug offense, could now be facing a decade or more behind bars.

What does this mean for criminal defense lawyers?

These changes don’t just affect federal cases. They have serious ripple effects for criminal defense attorneys, especially those representing noncitizens. Let’s go through the biggest practical concerns.

State felonies can now lead to major federal prison time. Imagine this scenario. An attorney is representing a noncitizen client in Maryland charged with second-degree burglary. This common offense carries potentially long sentencing, up to 15 years. However, for first time offenders, the court may impose  probation or a much shorter jail sentence. Now, if the defendant previously entered the U.S. without proper authorization, pleading guilty could mean they’re automatically subject to five years in federal prison under the Stop Illegal Entry Act. And that’s on top of whatever punishment they may get in the state case.

This can make plea negotiations much more dangerous. What might look like a good deal in state court could quickly turn into a disaster once the immigration authorities get involved.

Judges lose discretion under mandatory minimums. Currently, judges generally have flexibility when sentencing in immigration-related cases. This means they can consider issues like the person’s background, whether the crime was violent, family ties in the U.S., and time spent in the country. However, under the Stop Illegal Entry Act, judges are forced to impose at least five or 10 years, depending on the situation. There is no room for leniency, even if the case calls for it.

This moves defense strategy heavily toward outright challenging the charges, raising constitutional issues, or fighting for dismissals or lesser charges in state court.

Overlap with current cases. Today, illegal reentry under INA § 276 (8 U.S.C. § 1326) comes with a maximum sentence of two years (no criminal record), 10 years (with a criminal record), and 20 years (for serious felonies). However, prosecutors and judges often use their own discretion, and many first-time reentry defendants get significantly less time. The Stop Illegal Entry Act replaces these optional penalties with severe mandatory minimums. This means that even first-time reentry defendants could be facing a full decade or more in prison.

Criminal defense and immigration issues must be considered together.  Criminal defense attorneys have been required to warn their clients about the immigration consequences of criminal convictions. But this bill raises the stakes even more. A single plea deal in state court could trigger a mandatory federal prison sentence later. This makes collaboration with immigration counsel essential. Before accepting any kind of plea, criminal defense lawyers need to know their client’s immigration history, understand whether the client previously entered without authorization, consider long-term federal consequences, and explore plea deals to non-felony offenses whenever possible.

What might this look like in practice?

To clarify, let’s look at a real-world hypothetical example. A 35-year-old man living in Maryland entered the United States without authorization 10 years ago. He’s never been arrested. However, now, he’s charged in Prince George’s County with possession with intent to distribute marijuana. Under normal circumstances, his attorney might be able to negotiate a plea deal with probation or a short jail stint.

However, under the Stop Illegal Entry Act, pleading guilty means that this man is now exposed to a mandatory minimum of five years in federal prison, with a maximum sentence of life. Suddenly, what first looked like a manageable state case becomes a life-changing federal nightmare.

How should Maryland criminal defense lawyers prepare for the Stop Illegal Entry Act?

Here at Carey Law Office, we believe in staying ahead of legal developments in order to protect our clients. If this bill becomes law, criminal defense attorneys in Maryland and across the country must be ready to:

• Screen every noncitizen client for their immigration history. Has the client ever been removed or entered illegally?
• Coordinate closely with immigration lawyers, even before plea discussions begin.
• Push for misdemeanor or non-felony resolutions to the case to avoid triggering the five-year federal minimum.
• Educate clients about the risks of illegal entry and reentry. A mistake today could mean a decade in prison tomorrow.
• Track evolving case law, as challenges to the Stop Illegal Entry Act might take years to resolve.

We also believe that the Stop Illegal Entry Act is a major turning point in immigration and criminal law. If signed into law, it will turn many non-violent immigration cases into serious federal felonies, with mandatory prison time. For criminal defense lawyers, the message is clear. We must be more vigilant than ever when advising noncitizen clients. One wrong move in a state case could lead to devastating consequences in federal court.

At Carey Law Office, we commit ourselves to defending our clients with knowledge, compassion, and the most up-to-date legal strategies. If you or someone you love is facing charges and has concerns about immigration status, don’t wait. Get legal guidance today. If you’re a noncitizen facing criminal charges in Maryland, or if you’re worried about how a prior conviction could affect your immigration status, contact Carey Law Office now. Our experienced defense team will help you understand your rights and fight to protect your future. We serve clients across Bowie, Crofton, Dunkirk, and the surrounding areas. To schedule a consultation with an experienced criminal defense lawyer, call our offices or fill out our contact form today.