S. 4769

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 4769 Introduced in Senate (IS)]

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119th CONGRESS
2d Session
S. 4769

To double the civil penalties for aliens who enter or attempt to enter 
the United States without authorization, aliens subject to a final 
order of removal who fail or refuse to depart from the United States, 
and employers that knowingly hire aliens who are not authorized to work 
in the United States.

_______________________________________________________________________

IN THE SENATE OF THE UNITED STATES

June 11, 2026

Mr. Scott of Florida (for himself, Mr. Lee, and Mr. Sheehy) introduced 
the following bill; which was read twice and referred to the Committee 
on the Judiciary

_______________________________________________________________________

A BILL

To double the civil penalties for aliens who enter or attempt to enter 
the United States without authorization, aliens subject to a final 
order of removal who fail or refuse to depart from the United States, 
and employers that knowingly hire aliens who are not authorized to work 
in the United States.

Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the ``Illegal Immigration Cost Recovery 
Act''.

SEC. 2. INCREASED CIVIL PENALTIES FOR EMPLOYERS THAT HIRE UNAUTHORIZED 
ALIENS.

(a) In General.--Section 274A(e)(4)(A) of the Immigration and 
Nationality Act (8 U.S.C. 1324a(e)(4)(A)) is amended--
(1) in the matter preceding clause (i), by inserting ``, 
subject to paragraph (10),'' after ``such violations and'';
(2) in clause (i), by striking ``$250 and not more than 
$2,000'' and inserting ``$1,432 and not more than $11,448'';
(3) in clause (ii), by striking ``$2,000 and not more than 
$5,000'' and inserting ``$11,448 and not more than $28,616''; 
and
(4) in clause (iii), by striking ``$3,000 and not more than 
$10,000'' and inserting ``$17,172 and not more than $57,238''.
(b) Annual Inflation Adjustment.--Section 274A(e) of the 
Immigration and Nationality Act (8 U.S.C. 1324a(e)) is amended by 
adding at the end the following:
``(10) Annual inflation adjustment.--
``(A) In general.--Beginning on October 1, 2027, 
the penalty amounts established under paragraph (4)(A) 
shall be adjusted annually to account for inflation by 
using the Consumer Price Index for All Urban Consumers 
(CPI-U) published by the Bureau of Labor Statistics, in 
the same manner as civil monetary penalties are 
adjusted under the Federal Civil Penalties Inflation 
Adjustment Act Improvements Act of 2015 (28 U.S.C. 2461 
note).
``(B) Publication.--The Secretary of Homeland 
Security shall publish the inflation-adjusted amounts 
referred to in subparagraph (A) in the Federal Register 
not later than December 15 of each year, and such 
adjusted amounts shall apply to penalties assessed on 
or after January 1 of the following year.''.

SEC. 3. INCREASED CIVIL PENALTY FOR FAILURE TO DEPART.

Section 274D(a) of the Immigration and Nationality Act (8 U.S.C. 
1324d(a)) is amended--
(1) by amending the section header to read as follows: 
``civil penalties for failure to depart'';
(2) in paragraph (1), by redesignating subparagraphs (A), 
(B), and (C) as clause (i), (ii), and (iii), respectively;
(3) by redesignating paragraphs (1) and (2) as 
subparagraphs (A) and (B), respectively;
(4) by striking ``(a) In General.--Any alien'' and 
inserting the following:
``(a) In General.--
``(1) Conditions.--Subject to paragraph (2), any alien'';
(5) in the undesignated matter following subparagraph (B), 
as redesignated, by striking ``$500'' and inserting ``$1,996''; 
and
(6) by adding at the end the following:
``(2) Annual inflation adjustment.--
``(A) In general.--Beginning on October 1, 2027, 
the penalty amounts established under paragraph (1) 
shall be adjusted annually to account for inflation by 
using the Consumer Price Index for All Urban Consumers 
(CPI-U) published by the Bureau of Labor Statistics, in 
the same manner as civil monetary penalties are 
adjusted under the Federal Civil Penalties Inflation 
Adjustment Act Improvements Act of 2015 (28 U.S.C. 2461 
note).
``(B) Publication.--The Secretary of Homeland 
Security shall publish the inflation-adjusted amounts 
referred to in subparagraph (A) in the Federal Register 
not later than December 15 of each year, and such 
adjusted amounts shall apply to penalties assessed on 
or after January 1 of the following year.''.

SEC. 4. INCREASED CIVIL PENALTY FOR IMPROPER ENTRY.

Section 275(b) of the Immigration and Nationality Act (8 U.S.C. 
1325(b)) is amended--
(1) by redesignating paragraphs (1) and (2) as 
subparagraphs (A) and (B), respectively, and by moving such 
subparagraphs 2 ems to the right;
(2) in the matter preceding subparagraph (A), as 
redesignated, by striking ``Any alien'' and inserting the 
following:
``(1) Civil penalty.--Subject to paragraphs (2) and (3), 
any alien'';
(3) in paragraph (1)(A), as redesignated, by striking ``$50 
and not more than $250'' and inserting ``$200 and not more than 
$1,000'';
(4) in the undesignated matter following subparagraph (B), 
as redesignated, by striking ``Civil penalties'' and inserting 
the following:
``(2) Clarification.--Civil penalties''; and
(5) by adding at the end the following:
``(3) Annual inflation adjustment.--
``(A) In general.--Beginning on October 1, 2027, 
the penalty amounts established under subparagraphs (A) 
and (B) of paragraph (1) shall be adjusted annually to 
account for inflation by using the Consumer Price Index 
for All Urban Consumers (CPI-U) published by the Bureau 
of Labor Statistics, in the same manner as civil 
monetary penalties are adjusted under the Federal Civil 
Penalties Inflation Adjustment Act Improvements Act of 
2015 (28 U.S.C. 2461 note).
``(B) Publication.--The Secretary of Homeland 
Security shall publish the inflation-adjusted amounts 
referred to in subparagraph (A) in the Federal Register 
not later than December 15 of each year, and such 
adjusted amounts shall apply to penalties assessed on 
or after January 1 of the following year.''.
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