Illegal Immigration Cost Recovery Act

This Act may be cited as the “Illegal Immigration Cost Recovery Act”.

(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.”.

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.”.

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.”.