On September 17, 2025, the U.S. Congress passed the “Stop Illegal Entry Act,” toughening penalties for migrants who cross the border without authorization or re-enter after deportation.
Pushed by the Trump administration, the measure seeks to strengthen border security. Below are the details of these new penalties and their context.
Stiffer penalties
The new legislation raises the maximum penalty for illegal entry from two to five years in prison, according to the text approved with 226 votes in favor and 197 against.
For those who re-enter after deportation, the penalties are up to ten years in prison.
In cases involving serious crimes, such as violence or drug trafficking, the sentence can be up to 20 years, according to the Department of Justice.
In 2024, 15,000 illegal re-entry cases were processed, 25% more than in 2023.
Republican impulse
For her part, Congresswoman Stephanie Bice, R-Oklahoma, led the initiative, which was supported by all Republicans and 11 Democrats.
“These penalties will deter illegal immigration and protect our borders,” Bice said.
The law reinforces “Operation Take Back America,” which intensified deportations, with 66,463 in 2025, according to ICE.
The Trump administration also deployed an additional 1,500 troops to the southern border, according to the Department of Defense.
State context
Consequently, states such as Texas have adopted similar measures.
SB4, enacted in 2023 and temporarily authorized in 2024, allows local authorities to issue deportation orders and criminalizes illegal entry with penalties of up to seven years, according to the Texas Tribune.
In 2025, Texas reported 3,131 arrests for immigration violations, up 40% from the previous year.
Critics fear that these laws will encourage racial discrimination.
Organization criticisms
On the other hand, the ACLU and the American Immigration Council have warned that these policies could violate human rights.
In 2024, 60% of ICE detainees had no criminal record, according to the Pew Research Center, suggesting a disproportionate impact on migrant communities.
The ACLU noted that SB4 and the new federal law increase excessive surveillance, especially affecting Latinos, who account for 80% of deportations.
Permanent ban
However, illegal re-entry after deportation carries a permanent ban on returning to the U.S., according to the U.S. Embassy in Mexico.
The Border Patrol processes repeat offenders with biometric data, ensuring immediate identification.
In 2025, 90% of repeat offenders faced criminal charges, according to the U.S. Attorney’s Office for the Central District of California.
The CBP One platform offers a self-deportation option to avoid more serious penalties, but its use is limited.
National debate
Moreover, these measures reflect a restrictive turn under President Trump, who has prioritized border security.
In 2024, hate crimes against migrants increased by 11%, according to the FBI, intensifying criticism of the social impact of these policies.
While Republicans defend the need for “law and order,” activists argue that it criminalizes vulnerable communities, creating tensions in border cities like El Paso and San Diego.
Community resources
For more information, contact ICE at +1-866-347-2423 or the ACLU at +1-212-549-2500.
As the new sanctions take effect, migrants face a tougher landscape, with penalties that seek to deter illegal re-entry at all costs.
Filed under: Sanctions after being deported from the U.S.
This article was originally published in Nueva News.
