text: SECTION 1. SHORT TITLE.
  
      This Act may be cited as the ``Border Crossing Deterrence Act of 
  2008''.
  
  SEC. 2. EXPANSION OF OPERATION STREAMLINE.
  
      (a) In General.--Not later than December 31, 2009, the Secretary of 
  Homeland Security, in Cooperation with the Attorney General, shall 
  expand Operation Streamline (the zero-tolerance prosecution policy for 
  illegal entry and reentry) to all 20 border sectors.
      (b) Authorization of Appropriations.--There are authorized to be 
  appropriated $500,000,000 for each of the fiscal years 2009 through 
  2018 to carry out this section.
  
  SEC. 3. MANDATORY MINIMUM SENTENCES FOR ILLEGAL ENTRY.
  
      Section 275 of the Immigration and Nationality Act (8 U.S.C. 1325) 
  is amended--
              (1) by redesignating subsections (c) and (d) as subsections 
          (d) and (e), respectively; and
              (2) by inserting after subsection (b) the following:
      ``(c) Improper Time or Place; Criminal Penalties.--Any alien who is 
  apprehended while entering, or attempting to enter, the United States 
  at a time and place other than as designated by immigration offices--
              ``(1) in the case of a first violation of subsection (a), 
          shall be sentenced to a term of imprisonment of not less than 
          10 days and not more than 364 days;
              ``(2) in the case of a second violation of subsection (a), 
          shall be sentenced to a term of imprisonment of not less than 
          60 days and not more than 2 years; and
              ``(3) in the case of a third or subsequent violation of 
          subsection (a), shall be sentenced to a term of imprisonment of 
          not less than 90 days and not more than 3 years.''.
  
  SEC. 4. MANDATORY MINIMUM SENTENCES FOR ILLEGAL REENTRY.
  
      Section 276 (8 U.S.C. 1326) is amended to read as follows:
  
  ``SEC. 276. REENTRY OF REMOVED ALIEN.
  
      ``(a) Reentry After Removal.--Any alien who has been denied 
  admission, excluded, deported, or removed, or who has departed the 
  United States while an order of exclusion, deportation, or removal is 
  outstanding, and subsequently 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, 
  and imprisoned not less than 90 days and not more than 2 years.
      ``(b) Reentry of Criminal Offenders.--Notwithstanding the penalty 
  prescribed under subsection (a), an alien described in that subsection 
  who was--
              ``(1) convicted for 3 or more misdemeanors or a felony 
          before such removal or departure, shall be fined under title 
          18, United States Code, and imprisoned for not less than 1 year 
          and not more than 10 years;
              ``(2) convicted for a felony before such removal or 
          departure for which the alien was sentenced to a term of 
          imprisonment of not less than 30 months, shall be fined under 
          such title, and imprisoned for not less than 2 years and not 
          more than 15 years;
              ``(3) convicted for a felony before such removal or 
          departure for which the alien was sentenced to a term of 
          imprisonment of not less than 60 months, shall be fined under 
          such title and imprisoned for not less than 4 years and not 
          more than 20 years;
              ``(4) convicted for 2 or more felonies before such removal 
          or departure, shall be fined under such title and imprisoned 
          for not less than 4 years and for not more than 20 years; or
              ``(5) convicted, before such removal or departure, for 
          murder, rape, kidnapping, for a felony offense described in 
          chapter 77 (relating to peonage and slavery) or 113B (relating 
          to terrorism) of such title, shall be fined under such title 
          and imprisoned for not less than 5 years and not more than 20 
          years.
      ``(c) Reentry After Repeated Removal.--Any alien who, after having 
  been denied admission, excluded, deported, or removed 2 or more times, 
  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, and imprisoned for not less than 2 
  years and not more than 10 years.
      ``(d) Proof of Prior Convictions.--The prior convictions described 
  in subsection (b) are elements of the crimes described in that 
  subsection, and the penalties in that subsection shall apply only in 
  cases in which the conviction or convictions that form the basis for 
  the additional penalty are--
              ``(1) alleged in the indictment or information; and
              ``(2) proven beyond a reasonable doubt at trial or admitted 
          by the defendant.
      ``(e) Affirmative Defenses.--It shall be an affirmative defense to 
  a violation of this section that--
              ``(1) the alien had sought and received, before the alleged 
          violation, the express consent of the Secretary of Homeland 
          Security to reapply for admission into the United States;
              ``(2) with respect to an alien previously denied admission 
          and removed, the alien--
                      ``(A) was not required to obtain such advance 
                  consent under the Immigration and Nationality Act or 
                  under any prior Act; and
                      ``(B) had complied with all other laws and 
                  regulations governing the alien's admission into the 
                  United States; or
              ``(3) at the time of the prior exclusion, deportation, 
          removal, or denial of admission alleged in the violation, the 
          alien--
                      ``(A) was younger than 18 years of age; and
                      ``(B) had not been convicted of a crime or 
                  adjudicated a delinquent minor by a court of the United 
                  States, or a court of a State or territory, for conduct 
                  that would constitute a felony if committed by an 
                  adult.
      ``(f) Limitation on Collateral Attack on Underlying Removal 
  Order.--In a criminal proceeding under this section, an alien may not 
  challenge the validity of any prior removal order concerning the alien 
  unless the alien demonstrates by clear and convincing evidence that--
              ``(1) the alien exhausted all administrative remedies that 
          may have been available to seek relief against the order;
              ``(2) the removal proceedings at which the order was issued 
          improperly deprived the alien of the opportunity for judicial 
          review; and
              ``(3) the entry of the order was fundamentally unfair.
      ``(g) Reentry of Alien Removed Before Completing Term of 
  Imprisonment.--Any alien removed pursuant to section 241(a)(4) who 
  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--
              ``(1) incarcerated for the remainder of the term of 
          imprisonment, which was pending at the time of deportation 
          without any reduction for parole or supervised release unless 
          the alien affirmatively demonstrates that the Secretary of 
          Homeland Security has expressly consented to the alien's 
          reentry; and
              ``(2) subject to such other penalties relating to the 
          reentry of removed aliens as may be available under this 
          section or any other provision of law.
      ``(h) Limitation.--An individual who provides an alien with 
  emergency humanitarian assistance, including emergency medical care and 
  food, or transports the alien to a location where such assistance can 
  be rendered without compensation or the expectation of compensation may 
  not be prosecuted for aiding and abetting a violation of this section 
  based on the provision of such humanitarian services .
      ``(i) Definitions.--In this section:
              ``(1) Felony.--The term `felony' means any criminal offense 
          punishable by a term of imprisonment of more than 1 year under 
          the laws of the United States, of any State, or of a foreign 
          government.
              ``(2) Misdemeanor.--The term `misdemeanor' means any 
          criminal offense punishable by a maximum term of imprisonment 
          of not more than 1 year under the applicable laws of the United 
          States, of any State, or of a foreign government.
              ``(3) Removal.--The term `removal' includes any denial of 
          admission, exclusion, deportation, or removal, or any agreement 
          by which an alien stipulates or agrees to exclusion, 
          deportation, or removal.
              ``(4) State.--The term `State' means any of the several 
          States of the United States, the District of Columbia, and any 
          commonwealth, territory, or possession of the United States.''.
  
  SEC. 5. MANDATORY MINIMUM SENTENCES FOR DESTROYING BORDER BARRIERS OR 
                INFRASTRUCTURE.
  
      Section 1361 of title 18, United States Code, is amended--
              (1) by striking ``Whoever'' and inserting the following:
      ``(a) In General.--Whoever''; and
              (2) by adding at the end the following:
      ``(b) Destruction of Border Barriers or Infrastructure.--Any alien 
  who damages or destroys fencing or infrastructure, such as cameras, 
  sensors, and vehicle barriers, that has been installed along the 
  international border of the United States by the United States 
  Government shall be fined under this title and imprisoned for not less 
  than 5 years.''.
target: Border Crossing Deterrence Act of 2008 - Directs the Secretary of Homeland Security to expand Operation Streamline (the zero-tolerance prosecution policy for illegal entry and reentry) to all 20 border sectors. Authorizes appropriations.
  
  Amends the Immigration and Nationality Act to: (1) revise and increase criminal penalties, including establishing mandatory minimum penalties, for an alien's entry into the United States at an improper time or place; and (2) revise criminal penalty and related provisions, and establish mandatory minimum sentences, respecting the reentry of an alien who has been removed from the United States.
  
  Amends the federal criminal code to establish a mandatory minimum criminal penalty of five years for an alien's destruction of U.S. government-installed border barriers or infrastructure.
feat_title: A bill to increase the criminal penalties for illegally reentering the United States and for other purposes.