H. Rpt. 119-555 accompanies immigration legislation titled "Expedited Removal of Criminal Aliens Act". Immigration bills affect border security, visa policy, asylum procedures, citizenship, deportation, work permits, or enforcement priorities. The Judiciary Committee's report documents the committee's findings, the proposed changes to current immigration law, and expected impacts on migrants, employers, states, and federal agencies. Immigration reports often reflect sharp partisan divisions and contain extensive minority views.
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House Report 119-555 - EXPEDITED REMOVAL OF CRIMINAL ALIENS ACT
[House Report 119-555]
[From the U.S. Government Publishing Office]
119th Congress } { Report
HOUSE OF REPRESENTATIVES
2d Session } { 119-555
======================================================================
EXPEDITED REMOVAL OF CRIMINAL ALIENS ACT
_______
March 18, 2026--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. Jordan, from the Committee on the Judiciary,
submitted the following
R E P O R T
together with
DISSENTING VIEWS
[To accompany H.R. 5713]
The Committee on the Judiciary, to whom was referred the
bill (H.R. 5713) to authorize the expedited removal of aliens
who are criminal gang members, members of foreign terrorist
organizations, or have been convicted of certain specified
crimes, having considered the same, reports favorably thereon
with an amendment and recommends that the bill as amended do
pass.
CONTENTS
Page
Purpose and Summary.............................................. 5
Background and Need for the Legislation.......................... 5
Hearings......................................................... 11
Committee Consideration.......................................... 11
Committee Votes.................................................. 11
Committee Oversight Findings..................................... 14
New Budget Authority and Tax Expenditures........................ 14
Congressional Budget Office Cost Estimate........................ 14
Committee Estimate of Budgetary Effects.......................... 14
Duplication of Federal Programs.................................. 14
Performance Goals and Objectives................................. 14
Advisory on Earmarks............................................. 15
Federal Mandates Statement....................................... 15
Advisory Committee Statement..................................... 15
Applicability to Legislative Branch.............................. 15
Section-by-Section Analysis...................................... 15
Changes in Existing Law Made by the Bill, as Reported............ 15
Dissenting Views................................................. 40
The amendment is as follows:
Strike out all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Expedited Removal of Criminal Aliens
Act''.
SEC. 2. EXPEDITED REMOVAL.
Section 238 of the Immigration and Nationality Act (8 U.S.C. 1228) is
amended--
(1) in the section heading, by striking ``expedited removal
of aliens convicted of committing aggravated felonies'' and
inserting ``expedited removal of certain criminal aliens'';
(2) in subsection (a)--
(A) by amending paragraph (1) to read as follows:
``(1) In general.--The Secretary of Homeland Security shall
provide for the availability of special removal proceedings at
certain Federal, State, and local correctional facilities for
any incarcerated alien--
``(A) convicted of any criminal offense covered in
section 237(a)(2)(A)(iii), (B), (C), or (D), or any
offense covered by section 237(a)(2)(A)(ii) for which
both predicate offenses are, without regard to the date
of their commission, otherwise covered by section
237(a)(2)(A)(i); or
``(B) who the Secretary of Homeland Security
determines--
``(i) is inadmissible or deportable; and
``(ii)(I) is a member of a criminal gang or a
transnational criminal organization (as defined
in section 3003(5) of the Act titled `Making
emergency supplemental appropriations for the
fiscal year ending September 30, 2024, and for
other purposes' (21 U.S.C. 2341(5)));
``(II) is a member of an organization
designated as a foreign terrorist organization
pursuant to section 219(a) or has provided
material support to such an organization; or
``(III) has been convicted of any felony, any
misdemeanor with respect to which the
underlying conduct was committed against a
member of a vulnerable group, any assault of a
law enforcement officer, any sexual offense,
any crime of domestic violence, any stalking
offense, any crime with respect to which the
underlying conduct was committed against a
child (including sex trafficking of a minor or
sexual abuse of a minor), any activity relating
to material involving the sexual exploitation
of a minor, or any violation of a protection
order (as such terms are defined in the
jurisdiction of conviction).'';
(B) in paragraph (2)--
(i) by striking ``convicted of an aggravated
felony'' and inserting ``described in paragraph
(1)'';
(ii) by striking ``Attorney General'' each
place it appears and inserting ``Secretary of
Homeland Security''; and
(iii) by striking ``felon'' and inserting
``alien'';
(C) in paragraph (3)--
(i) by striking ``Attorney General'' each
place it appears and inserting ``Secretary of
Homeland Security'';
(ii) by striking ``convicted of an aggravated
felony'' and inserting ``described in paragraph
(1)''; and
(iii) by striking ``for the underlying
aggravated felony'';
(D) in paragraph (4), by striking ``Attorney
General'' each place it appears and inserting
``Secretary of Homeland Security''; and
(E) by adding at the end the following:
``(5) Manner of proceedings.--Special removal proceedings
described in this section shall be conducted in conformity with
section 240 (except as otherwise provided in this section), and
in a manner which eliminates the need for additional detention
at any processing center of the Department of Homeland Security
and in a manner which assures expeditious removal following the
end of the alien's incarceration for the underlying sentence.
Nothing in this section shall be construed to create any
substantive or procedural right or benefit that is legally
enforceable by any party against the United States or its
agencies or officers or any other person.
``(6) Definitions.--In this subsection:
``(A) The term `member of a vulnerable group' means--
``(i) an individual who is younger than 16
years of age;
``(ii) a pregnant woman;
``(iii) an individual with a severe physical
or mental disability; or
``(iv) an individual who is older than 65
years of age.
``(B) The term `criminal gang' means an ongoing
group, club, organization, or association of 5 or more
persons that has as 1 of its primary purposes the
commission of 1 or more of the offenses described in
this subparagraph and the members of which engage, or
have engaged within the past 5 years, in a continuing
series of such offenses. The offenses described,
whether committed, in whole or in part, within or
outside of the United States and regardless of whether
the offenses occurred before, on, or after the date of
the enactment of this paragraph, are the following:
``(i) A Federal, State, local, or Tribal
offense that is punishable by imprisonment for
more than 1 year and relates to a controlled
substance (as so classified under the relevant
Federal, State, local, or Tribal law),
regardless of whether the substance is
classified as a controlled substance under
section 102 of the Controlled Substances Act
(21 U.S.C. 802).
``(ii) A foreign offense that is punishable
by imprisonment for more than 1 year and
relates to a controlled substance as defined
under section 102 of the Controlled Substances
Act (21 U.S.C. 802).
``(iii) An offense that is punishable by
imprisonment for more than 1 year and involves
firearms or explosives (as defined under the
relevant Federal, State, local, Tribal, or
foreign law) or in violation of section 931 of
title 18, United States Code (relating to
purchase, ownership, or possession of body
armor by violent felons).
``(iv) An offense under section 274 (relating
to bringing in and harboring certain aliens),
section 277 (relating to aiding or assisting
certain aliens to enter the United States), or
section 278 (relating to importation of alien
for immoral purpose).
``(v) A crime of violence (as defined in
section 16(a) of title 18, United States Code).
``(vi) A crime involving obstruction of
justice, tampering with or retaliating against
a witness, victim, or informant, or burglary
(as such terms are defined under the relevant
Federal, State, local, Tribal, or foreign law).
``(vii) Any conduct punishable under--
``(I) sections 1028, 1028A, and 1029
of title 18, United States Code
(relating to fraud, aggravated identity
theft or fraud and related activity in
connection with identification
documents or access devices);
``(II) sections 1581 through 1594 of
such title (relating to peonage,
slavery, and trafficking in persons);
``(III) section 1951 of such title
(relating to interference with commerce
by threats or violence);
``(IV) section 1952 of such title
(relating to interstate and foreign
travel or transportation in aid of
racketeering enterprises);
``(V) section 1956 of such title
(relating to the laundering of monetary
instruments);
``(VI) section 1957 of such title
(relating to engaging in monetary
transactions in property derived from
specified unlawful activity); or
``(VII) sections 2312 through 2315 of
such title (relating to interstate
transportation of stolen motor vehicles
or stolen property).
``(viii) A conspiracy to commit an offense
described in subclauses (I) through (VII) of
clause (vii).'';
(3) in subsection (b)--
(A) in paragraph (1)--
(i) by striking ``Attorney General'' and
inserting ``Secretary of Homeland Security'';
(ii) by inserting ``inadmissibility or''
before ``deportability'';
(iii) by striking ``under section
237(a)(2)(A)(iii) (relating to conviction of an
aggravated felony)''; and
(iv) by inserting before ``section 240'' the
following ``issue a notice to appear under
section 239 to initiate removal proceedings
under'';
(B) by amending paragraph (2) to read as follows:
``(2) Alien described.--An alien is described in this
paragraph if the alien--
``(A) has been convicted of any criminal offense
described in subparagraph (A) or is described in
subparagraph (B) of section 238(a)(1), regardless of
whether such alien is incarcerated; and
``(B)(i) was not lawfully admitted for permanent
residence at the time at which proceedings under this
section commenced; or
``(ii) had permanent resident status on a conditional
basis (as described in section 216 of this title) at
the time that proceedings under this section
commenced.'';
(C) in paragraph (3), by striking ``Attorney
General'' and inserting ``Secretary of Homeland
Security'';
(D) in paragraph (4), by striking ``Attorney
General'' each place it appears and inserting
``Secretary of Homeland Security''; and
(E) in paragraph (5)--
(i) by inserting ``or Secretary of Homeland
Security'' after ``Attorney General'';
(ii) by inserting ``or Secretary's'' after
``Attorney General's''; and
(iii) by inserting ``, regardless of whether
the alien is in proceedings under this
section'' after ``discretion''; and
(4) by redesignating the second subsection (c) as subsection
(d).
SEC. 3. DETENTION OF CRIMINAL ALIENS.
Section 236(c) of the Immigration and Nationality Act (8 U.S.C.
1226(c)) is amended--
(1) in paragraph (1)--
(A) in subparagraph (D), by striking ``or'' at the
end;
(B) by redesignating subparagraph (E) as subparagraph
(F); and
(C) by inserting after subparagraph (D) the
following:
``(E)(i) is inadmissible under section 212 or
deportable under section 237; and
``(ii)(I) is a member of a criminal gang (as defined
in section 238(a)(6)(B)) or transnational criminal
organization (as defined in section 3003(5) of the Act
titled `Making emergency supplemental appropriations
for the fiscal year ending September 30, 2024, and for
other purposes' (21 U.S.C. 2341(5))); or
``(II) has been convicted of any felony, any
misdemeanor with respect to which the underlying
conduct was committed against a member of a vulnerable
group (as defined in section 238(a)(3)(A)), any assault
of a law enforcement officer, any sexual offense, any
crime of domestic violence, any stalking offense, any
crime with respect to which the underlying conduct was
committed against a child (including sex trafficking of
a minor or sexual abuse of a minor), any activity
relating to material involving the sexual exploitation
of a minor, or any violation of a protection order,
or''; and
(2) in paragraph (2)--
(A) in the heading, by striking ``Definition'' and
inserting ``Definitions''; and
(B) by striking ``For purposes of paragraph (1)(E),''
and inserting the following:
``(A) For purposes of paragraph (1)(E)(ii)(II), the
terms and phrases in such paragraph have the meanings
given such terms and phrases in the jurisdiction of
conviction.
``(B) For purposes of paragraph (1)(F),''.
SEC. 4. EXCEPTION TO RESTRICTIONS ON REMOVAL.
Section 241(b)(3)(B) of the Immigration and Nationality Act (8 U.S.C.
1231(b)(3)(B)) is amended--
(1) in clause (iii), by striking ``or'' at the end;
(2) in clause (iv), by striking the period and inserting ``;
or''; and
(3) by adding after clause (iv) the following:
``(v) the alien has been convicted of any
criminal offense described in subparagraph (A)
or is described in subparagraph (B) of section
238(a)(1), regardless of whether such alien is
incarcerated or is in proceedings under section
238.''.
SEC. 5. INELIGIBILITY FOR ASYLUM.
Section 208(b)(2)(A) of the Immigration and Nationality Act (8 U.S.C.
1158(b)(2)(A)) is amended--
(1) in clause (v), by striking ``or'' at the end;
(2) in clause (vi), by striking the period at the end and
inserting ``; or''; and
(3) by adding at the end the following:
``(vii) the alien has been convicted of any
criminal offense described in subparagraph (A)
or is described in subparagraph (B) of section
238(a)(1), regardless of whether such alien is
incarcerated or is in proceedings under section
238.''.
SEC. 6. INELIGIBILITY FOR OTHER IMMIGRATION RELIEF.
An alien who has been convicted of any criminal offense described in
subparagraph (A) or who is described in subparagraph (B) of section
238(a)(1) of the Immigration and Nationality Act (8 U.S.C. 1128(a)(1)),
regardless of whether such alien is incarcerated or is in proceedings
under such section 238, shall be ineligible for any other relief under
the immigration laws (as such term is defined in section 101 of the
Immigration and Nationality (8 U.S.C. 1101)), including under section
2242 of the Omnibus Consolidated and Emergency Supplemental
Appropriations Act, 1999 (and any regulations issued pursuant to such
section).
SEC. 7. CONSTRUCTION; SEVERABILITY.
Any provision of this Act or an amendment made by this Act held to be
invalid or unenforceable by its terms, or as applied to any person or
circumstance, shall be construed so as to give it the maximum effect
permitted by law, unless such holding shall be utterly invalid or
unenforceable, in which event such provision shall be deemed severable
from this Act and shall not affect the remainder of this Act, or the
application of such provision to other persons not similarly situated
or to other, dissimilar circumstances.
Purpose and Summary
H.R. 5713, the Expedited Removal of Criminal Aliens Act,
introduced by Rep. Brandon Gill (R-TX), would expand the
categories of criminal aliens who may be placed in removal
proceedings when they are in criminal custody and authorize DHS
to place additional criminal aliens in expedited removal
proceedings. Specifically, the bill would permit DHS to fast-
track the deportation of aliens who are not lawful permanent
residents and (1) are members of a criminal gang, transnational
criminal organization, or foreign terrorist organization; or
(2) have been convicted of dangerous crimes, including aliens
convicted of: any felony, any misdemeanor against a member of a
vulnerable group, any assault of a law enforcement officer, any
sexual offense, any crime of domestic violence, any stalking
offense, any crime against children (including sex trafficking
of a minor or sexual abuse of a minor), any activity relating
to material involving the sexual exploitation of minors, or any
violation of a protection order. The bill would also mandate
immigration detention for these dangerous aliens and make
aliens ineligible for any immigration relief if they are
convicted of certain crimes or are otherwise inadmissible or
deportable and are members of a criminal gang, transnational
criminal organization, or foreign terrorist organization.
Background and Need for the Legislation
For four years, the Biden-Harris Administration prioritized
illegal aliens over United States citizens and legal residents,
allowing eight million illegal aliens to enter the United
States--including at least six million illegal aliens who were
released into American communities and nearly two million
illegal alien ``gotaways'' who evaded Customs and Border
Protection at the southwest border.\1\ Criminal aliens took
advantage of the Biden-Harris Administration's open-borders
policies, with dangerous aliens like members of the Tren de
Aragua gang streaming across the border and terrorizing
American communities.\2\
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\1\Info. provided to the H. Comm. on the Judiciary by U.S. Dep't of
Homeland Sec., Table 1: Detention Histories of CBP Encounters, January
20, 2021-March 31, 2024 (Aug. 16, 2024); U.S. Customs and Border Prot.,
Custody and Transfer Statistics, U.S. Dep't of Homeland Sec. (last
accessed Jan. 6, 2025); Camilo Montoya-Galvez, Biden administration has
admitted more than 1 million migrants into U.S. under parole policy
Congress is considering restricting, CBS News (Jan. 22, 2024); Latest
UC Data, Total Monthly Discharges to Individual Sponsors Only, U.S.
Dep't of Health and Human Servs. (last accessed Mar. 22, 2024); Off. of
Refugee Resettlement, Unaccompanied Children Released to Sponsors by
State, U.S. Dep't of Health and Human Servs. (last accessed Jan 15,
2025); U.S. Customs and Border Prot., CBP Releases December 2024
Monthly Update, U.S. Dep't of Homeland Sec. (Jan. 14, 2025); Immigr.
and Customs Enf't, Daily SWB Placemat, U.S. Dep't of Homeland Sec. (May
2024-Jan. 2025) (on file with Comm.); Off. of Homeland Sec. Statistics,
Immigr. Enf't and Legal Processes Monthly Tables--Apr. 2024, U.S. Dep't
of Homeland Sec. (last accessed Aug. 19, 2024); Casey Harper, Border
crisis creates national security threat for U.S., observers say, Wash.
Examiner (Aug. 7, 2023); Bill Melugin (@BillMelugin_), X (June 20,
2024, 10:22 AM).
\2\See Chris Pandolfo, Bonny Chu, & Adam Shaw, Who is Tren de
Aragua? Vicious Venezuelan gang `following in the path of MS-13' in
America, Fox News (Oct. 17, 2024, 4:00 AM), https://www.foxnews.com/us/
who-tren-de-aragua-vicious-venezuelan-gang-following-path-ms-13-
america.
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The Biden-Harris Administration left a record-high 4.2
million immigration court case backlog.\3\ Although the Trump
Administration's policies helped reduce that backlog to just
under 3.8 million cases as of September 2025,\4\ it still
oftentimes takes years for illegal aliens to be removed from
the United States through traditional removal proceedings, even
when the foreign national is convicted of a dangerous or
otherwise serious crime and is removable from the country. The
Expedited Removal of Criminal Aliens Act streamlines the
deportation of dangerous criminal aliens, providing federal
immigration officials an additional tool to secure the homeland
and more quickly remove criminals from the country.
---------------------------------------------------------------------------
\3\Press Release, U.S. Dep't of Justice, EOIR Announces Significant
Immigration Court Milestones (Sept. 4, 2025), https://www.justice.gov/
eoir/pr/eoir-announces-significant-immigration-court-milestones.
\4\Id.
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Federal immigration law authorizes the removal of illegal
aliens and criminal aliens from the country in different ways.
The most-common process, known as the Institutional Hearing
Program (IHP), involves immigration court removal proceedings
that take place in federal, state, and local correctional
facilities for certain classes of criminal aliens, including
those convicted of aggravated felonies, multiple crimes
involving moral turpitude, controlled substance offenses,
certain firearms offenses, sedition, treason, sabotage,
espionage, and other crimes.\5\ This provision of the
Immigration and Nationality Act (INA) allows the federal
government ``to expeditiously remove the alien when the alien
has completed his criminal sentence'' and ``limit[s] the amount
of time that an alien must remain in DHS custody pending
removal.''\6\
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\5\8 U.S.C. Sec. 1228(a)(1).
\6\See Audrey Singer, Cong. Res. Serv., Alien Removals and Returns:
Overview and Trends, R43892 (Feb. 3, 2015), https://www.congress.gov/
crs_external_products/R/PDF/R43892/R43892.5.pdf.
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IHP involves coordination between the Executive Office for
Immigration Review (EOIR), which houses the nation's
immigration courts, and both the Bureau of Prisons and
Immigration and Customs Enforcement (ICE).\7\ Through IHP,
``EOIR provides in-person and video teleconference immigration
proceedings to determine whether these alien inmates are
removable from the United States and, if removable, whether
they are statutorily eligible for any form of protection or
relief from removal.''\8\ As of June 2025, IHP was active in 31
state and federal facilities.\9\
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\7\Fact Sheet: Institutional Hearing Program, U.S. Dep't of Justice
(Jan. 2018), https://www.justice.gov/eoir/page/file/1023101/dl?inline.
\8\Id.
\9\Email from U.S. Dep't of Justice, Off. of Legis. Affairs, to
Comm. Staff (June 11, 2025) (on file with Comm.).
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For aliens who are not lawful permanent residents and are
convicted of aggravated felonies, current immigration law
authorizes a more efficient process to quickly remove them from
the country. Under existing law, aggravated felon aliens may be
removed from the United States without going through
traditional immigration court removal proceedings.\10\ Current
law also makes aliens convicted of aggravated felonies
ineligible for discretionary immigration relief, such as asylum
and cancellation of removal, and presumes they are deportable
from the United States.\11\
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\10\See 8 U.S.C. Sec. 1228(b).
\11\8 U.S.C. Sec. 1228(b)(5), (c).
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For these aliens, removal proceedings involve DHS
immigration officers and not an immigration judge. A DHS
immigration officer may issue an alien a Notice of Intent to
Issue a Final Administrative Deportation Order ``if the officer
is satisfied that there is sufficient evidence, based upon
questioning of the alien by an immigration officer and upon any
other evidence obtained, to support a finding that the
individual'' (1) is an alien; (2) is not a lawful permanent
resident or is a conditional permanent resident; (3) has been
convicted of an aggravated felony; and (4) is deportable.\12\
Removal proceedings then begin against the alien after the
alien is served a charging document that ``sets forth the
preliminary determinations and inform[s] the alien'' that DHS
intends to issue a final administrative removal order ``without
a hearing before an immigration judge.''\13\
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\12\8 C.F.R. Sec. 1238.1(b)(1).
\13\8 C.F.R. Sec. 1238.1(b)(2)(i).
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This process, known as ``administrative removal''\14\ or
``expedited removal'' for aggravated felons,\15\ is distinct
from the expedited removal process at the border that
oftentimes involves the credible fear screening process.\16\ If
an alien in the expedited removal process at the border
``expresses a fear of persecution or torture, the alien is
placed into `credible fear proceedings,''' in which ``the alien
is interviewed by a United States Citizenship and Immigration
Services (USCIS) asylum officer who evaluates whether the alien
possesses a credible fear of persecution or torture.''\17\ If
the alien establishes a credible fear of persecution or
torture, the alien is placed in removal proceedings and remains
in the United States as the case languishes in immigration
court.\18\ By contrast, administrative removal, or expedited
removal for aggravated felons, does not involve an immigration
court and applies to aliens already in the interior of the
United States who are within certain categories of criminal
aliens.\19\
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\14\See 8 C.F.R. Sec. 1238.1(b). See generally United States v.
Avalos, 162 F.4th 948, 952-53 (9th Cir. 2025) (providing ``an overview
of the administrative removal process'').
\15\See Immigr. Court Practice Manual, ch. 6.4, Limited
Proceedings, Exec. Off. for Immigr. Rev., https://www.justice.gov/eoir/
policy-manual-eoir/part-II/icpm/chapter-6-4 (last accessed Mar. 17,
2026).
\16\See 8 U.S.C. Sec. 1225(b).
\17\See Immigr. Court Practice Manual, ch. 6.4, Limited
Proceedings, Exec. Off. for Immigr. Rev., https://www.justice.gov/eoir/
policy-manual-eoir/part-II/icpm/chapter-6-4 (last accessed Mar. 17,
2026).
\18\Id.
\19\Under current law, if an alien in administrative removal
proceedings ``expresses a fear of persecution or torture, the alien is
placed into `reasonable fear proceedings.''' See id. If the alien
successfully establishes such a fear, the alien may seek protection
from removal from an immigration judge. See id.; 8 C.F.R. Sec. 1208.31.
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Administrative removal is a proven process that has been
used by Administrations of both parties. In fact, over the last
decade, administrative removal has been used more than 45,000
times, including under President Obama, President Trump, and
President Biden.\20\ President Obama used the streamlined
procedures 13,370 times in just the last two years of his
presidency, and President Biden removed 12,590 aliens via
administrative removal from February 2021 through January
2025.\21\ President Trump recorded 17,270 administrative
removals during his first term, and has recorded 2,480
additional administrative removals from February 2025 through
September 2025.\22\
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\20\Data provided to Comm. Staff by U.S. Dep't of Homeland Sec. (on
file with Comm.).
\21\Id.
\22\Id.
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Administrative removal for aggravated felons preserves
constitutional due process while protecting American citizens
and strengthening the rule of law. The administrative removal
statute aligns with Supreme Court precedent on due process.
Although the administrative removal process for aggravated
felons does not involve an immigration judge, the statute
specifies that an alien in the proceedings must: (1) be ``given
reasonable notice of the charges''; (2) ``have the privilege of
being represented (at no expense to the government) by such
counsel, authorized to practice in such proceedings, as the
alien shall choose''; (3) have ``a reasonable opportunity to
inspect the evidence and rebut the charges''; and (4) be
determined to be the same alien as the individual named in the
notice.\23\ The statute also provides safeguards for judicial
review.\24\ After the alien is given an opportunity to submit a
response, a DHS immigration officer reviews any evidence
submitted and, ``[i]f the immigration officer finds that the
alien is removable, or if the alien declines to challenge
removability,''\25\ may issue a final administrative removal
order against the alien.\26\
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\23\8 U.S.C. Sec. 1228(b)(4).
\24\8 U.S.C. Sec. 1228(b)(3).
\25\Riley v. Bondi, 145 S. Ct. 2190, 2196 (2025).
\26\8 C.F.R. Sec. 1238.1(d).
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Federal courts have routinely upheld the expedited removal
procedures for aggravated felons. In fact, every federal court
of appeals to consider the constitutionality of the
administrative removal procedures under section 238 of the INA
has held that the statute comports with due process. Nearly
three decades ago, the U.S. Court of Appeals for the Fifth
Circuit held that ``[c]learly the expedited statutory
deportation scheme comports with the minimum requirements of
due process pronounced by the Supreme Court.''\27\ The Fifth
Circuit outlined the due process requirements ``that an alien
be provided notice of the charges against him, a hearing before
an executive or administrative tribunal, and a fair opportunity
to be heard,'' all of which the statute satisfied.\28\ In July
2025, the court reiterated that holding.\29\
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\27\United States v. Benitez-Villafuerte, 186 F.3d 651, 657-58 (5th
Cir. 1999).
\28\Id.
\29\United States v. Ortiz-Rodriguez, 145 F.4th 593, 607 (5th Cir.
2025).
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The other federal courts of appeals to hear similar claims
have ruled in the same way as the Fifth Circuit. The U.S.
Courts of Appeals for the Fourth,\30\ Sixth,\31\ Ninth,\32\
Tenth,\33\ and Eleventh\34\ Circuits all have held that the
statutory administrative removal scheme satisfies due process.
The U.S. Court of Appeals for the Third Circuit has held that
the denial of discretionary relief for aggravated felon aliens
does not violate due process.\35\ As recently as January 2026,
the U.S. Court of Appeals for the Eleventh Circuit held that
``the expedited removal statute and the regulations promulgated
under it protect [aliens''] rights to procedural due process,''
which ``include[s] giving the [alien] a reasonable opportunity
to inspect the evidence, and to rebut the charges.''\36\
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\30\United States v. Lopez-Collazo, 824 F.3d 453, 461 n.3 (4th Cir.
2016) (``The expedited administrative removal scheme, in and of itself,
`comports with the minimum requirements of due process.''').
\31\Graham v. Mukasey, 519 F.3d 546, 552 (6th Cir. 2008).
\32\United States v. Garcia-Martinez, 228 F.3d 956, 962 (9th Cir.
2000); see United States v. Calderon-Segura, 512 F.3d 1104, 1108 (9th
Cir. 2008).
\33\United States v. Rangel de Aguilar, 308 F.3d 1134, 1139 (10th
Cir. 2002).
\34\Francis v. U.S. Atty. Gen., 603 F. App'x 908, 912 (11th Cir.
2015).
\35\See Anderson v. Att'y Gen. of United States, No. 21-2820, 2025
WL 227689, at *3 (3d Cir. Jan. 17, 2025) (unpublished).
\36\Marsh v. U.S. Att'y Gen., No. 23-14148, 2026 WL 179219, at *4
(11th Cir. Jan. 22, 2026) (per curiam).
---------------------------------------------------------------------------
In a concurrence in the Alien Enemies Act litigation, a
judge on the U.S. Court of Appeals for the D.C. Circuit
emphasized that, even though the federal government was
enjoined from removing Tren de Aragua members under the Alien
Enemies Act, it could remove them ``in expedited fashion if the
government c[ould] prove that they committed a serious
crime.''\37\ The judge highlighted the due process protections
in the statute, which provides ``for notice and an opportunity
to be heard before a neutral decisionmaker.''\38\ Federal
courts also have rejected equal protection challenges to the
statute.\39\
---------------------------------------------------------------------------
\37\See J.G.G. v. Trump, No. 25-5067, 2025 WL 914682, at *30 (D.C.
Cir. Mar. 26, 2025) (Millett, J., concurring).
\38\Id. at *15.
\39\See, e.g., United States v. Calderon-Segura, 512 F.3d 1104,
1107 (9th Cir. 2008); Gonzalez v. Chertoff, 454 F.3d 813, 818 (8th Cir.
2006); Flores-Ledezma v. Gonzales, 415 F.3d 375, 381 (5th Cir. 2005).
---------------------------------------------------------------------------
Even under the administrative removal statute, aliens have
the authority to challenge their decisions in federal
court.\40\ In fact, when DHS officials have erred, courts have
overturned their decisions.\41\ For example, a court held that
the Obama Administration's DHS erred by ordering an alien
removed under the administrative removal statute because the
alien's conviction did not constitute an aggravated felony.\42\
In another case, a federal court held that the Biden
Administration's DHS violated an alien's due process rights in
administrative removal proceedings.\43\ Nevertheless, the
judicial review section of the statute allowed the alien to
challenge the DHS decision.\44\
---------------------------------------------------------------------------
\40\8 U.S.C. Sec. 1228(b)(3).
\41\See, e.g., United States v. Cisneros-Rodriguez, 813 F.3d 748,
762 (9th Cir. 2015) (holding thar an ICE agent violated an alien's due
process rights by telling the alien that an attorney would not help
her); Iqbal v. Bondi, No. 23-2178, 2025 WL 3688716, at *1 (9th Cir.
Dec. 19, 2025) (unpublished) (identifying defects in the government's
compliance with regulatory obligations).
\42\See, e.g., United States v. Orozco-Orozco, 94 F.4th 1118, 1121
(9th Cir. 2024) (holding that an alien's conviction did not constitute
an aggravated felony, even though he was ordered removed under the
expedited removal statute in 2013).
\43\See Orellana v. Garland, 117 F.4th 679, 690 (5th Cir. 2024).
\44\See id.
---------------------------------------------------------------------------
Although administrative removal has proven to be a useful
tool for immigration authorities to efficiently remove criminal
aliens from the country, the statute's current reach does not
capture several types of dangerous aliens. For example, under
current immigration law, an illegal alien who is a member of a
foreign terrorist organization or a transnational criminal
organization is not eligible for administrative removal solely
based on his membership in this criminal enterprise.
Immigration officials must instead wait for the dangerous alien
to be convicted of an aggravated felony before the alien may be
more expeditiously removed from the country. This loophole
makes American communities less safe.
The Expedited Removal of Criminal Aliens Act expands the
categories of criminal aliens who may be placed in removal
proceedings when they are in criminal custody and authorizes
DHS to place additional criminal aliens in expedited removal
proceedings. Specifically, the bill permits DHS to fast-track
the deportation of aliens who are not lawful permanent
residents and (1) are members of a criminal gang, transnational
criminal organization, or foreign terrorist organization; or
(2) have been convicted of dangerous crimes, including aliens
convicted of any felony, any misdemeanor against a member of a
vulnerable group, any assault of a law enforcement officer, any
sexual offense, any crime of domestic violence, any stalking
offense, any crime against children (including sex trafficking
of a minor or sexual abuse of a minor), any activity relating
to material involving the sexual exploitation of minors, or any
violation of a protection order. The bill also mandates
immigration detention for these dangerous aliens and makes
aliens ineligible for any immigration relief if they are
convicted of certain crimes or are otherwise inadmissible or
deportable and are members of a criminal gang, transnational
criminal organization, or foreign terrorist organization.
The Expedited Removal of Criminal Aliens Act gives federal
immigration officials an additional tool to ensure that
dangerous criminal aliens can be more quickly removed from the
United States. Under current law, traditional removal
proceedings often involve years of litigation and numerous
appeals and judicial opinions, even when the foreign national
has been clearly convicted of a dangerous or otherwise serious
crime and is removable from the United States. The Biden-Harris
border crisis only exacerbated that delay. After four years of
border chaos, the immigration court backlog currently stands at
nearly 3.8 million cases.\45\ According to data from late 2022,
when the backlog was around 2 million total cases, the average
wait time in immigration court was 4.3 years.\46\ By the end of
fiscal year 2024, roughly 2 million cases were added to the
courts' dockets.\47\
---------------------------------------------------------------------------
\45\Press Release, EOIR Announces Significant Immigration Court
Milestones, U.S. Dep't of Justice (Sept. 4, 2025), https://
www.justice.gov/eoir/pr/eoir-announces-significant-immigration-court-
milestones.
\46\A Sober Assessment of the Growing U.S. Asylum Backlog, TRAC
Immigr. (Dec. 22, 2022), https://tracreports.org/reports/705/.
\47\Press Release, U.S. Dep't of Justice, EOIR Announces
Significant Immigration Court Milestones (Sept. 4, 2025), https://
www.justice.gov/eoir/pr/eoir-announces-significant-immigration-court-
milestones.
---------------------------------------------------------------------------
The nation's immigration court backlog, which ballooned
under radical Democrat policies, prevents many criminal aliens
from being quickly removed from the country. For example, in
July 2025, the Board of Immigration Appeals considered, for the
second time, whether an alien was removable after a 2017
conviction for possession of methamphetamine for sale.\48\
Despite the alien having a seemingly clear-cut conviction, the
case remained pending for years.\49\ Similarly, in 2020, the
Ninth Circuit finally held, after years of litigation, that an
alien's conviction for ``felony vehicular flight from a
pursuing police car while driving against traffic'' made him
deportable from the United States.\50\ One federal judge
observed that another immigration case involved ``a single
legal question about a single conviction,'' yet the analysis
``spawned, over eleven years and counting: four decisions by
the [Board of Immigration Appeals], four decisions by three
different immigration judges, approximately six rounds of
briefing, and a split opinion by [a federal] court.''\51\ In
another case, it took roughly 15 years of litigation before the
Ninth Circuit held in 2020 that an alien's 2006 conviction for
assault with a deadly weapon made him inadmissible to the
United States.\52\
---------------------------------------------------------------------------
\48\Matter of Felix-Figueroa, 29 I. & N. Dec. 157 (BIA 2025).
\49\Id.
\50\Moran v. Barr, 960 F.3d 1158 (9th Cir. 2020).
\51\Valdez v. Garland, 28 F.4th 72, 85 (9th Cir. 2022) (Graber, J.,
concurring in part and dissenting in part).
\52\Safaryan v. Barr, 975 F.3d 976 (9th Cir. 2020).
---------------------------------------------------------------------------
By streamlining the deportation of the most dangerous
criminal aliens in the United States, the Expedited Removal of
Criminal Aliens Act prioritizes public safety, restores the
rule of law, and imposes real consequences on foreign nationals
who victimize American communities. It also allows immigration
officials to remove alien members of criminal gangs,
transnational criminal organizations, and foreign terrorist
organizations before they have a chance to victimize and
terrorize Americans.
Hearings
For the purposes of clause 3(c)(6)(A) of House rule XIII,
the following hearing was used to develop H.R. 5713:
``Restoring Immigration Enforcement in America,'' a hearing
held on January 22, 2025, before the Subcommittee on
Immigration Integrity, Security, and Enforcement of the
Committee on the Judiciary. The Subcommittee heard testimony
from the following witnesses:
John Fabbricatore, Former Field Office
Director, U.S. Immigration and Customs Enforcement,
Enforcement and Removal Operations; Visiting Fellow,
The Heritage Foundation;
Jessica Vaughan, Director of Policy Studies,
Center for Immigration Studies (CIS);
Grant Newman, Director of Government
Relations, Immigration Accountability Project; and
David Bier, Director of Immigration Studies,
CATO Institute.
The hearing addressed how the Trump Administration can
restore immigration enforcement in the United States and
reverse the Biden-Harris Administration's open-borders, no-
consequences immigration policies.
Committee Consideration
On November 18, 2025, the Committee met in open session and
ordered the bill, H.R. 5713, favorably reported with an
amendment in the nature of a substitute, by a roll call vote of
17-7, a quorum being present.
Committee Votes
In compliance with clause 3(b) of House rule XIII, the
following roll call votes occurred during the Committee's
consideration of H.R 5713:
1. Vote on favorably reporting H.R. 5713, as amended--
passed 17 ayes to 7 nays.
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
Committee Oversight Findings
In compliance with clause 3(c)(1) of House rule XIII, the
Committee advises that the findings and recommendations of the
Committee, based on oversight activities under clause 2(b)(1)
of rule X of the Rules of the House of Representatives, are
incorporated in the descriptive portions of this report.
New Budget Authority and Tax Expenditures
With respect to the requirements of clause 3(c)(2) of rule
XIII of the Rules of the House of Representatives and section
308(a) of the Congressional Budget Act of 1974 and with respect
to the requirements of clause 3(c)(3) of rule XIII of the Rules
of the House of Representatives and section 402 of the
Congressional Budget Act of 1974, the Committee has requested
but not received a cost estimate for this bill from the
Director of the Congressional Budget Office. The Committee has
requested but not received from the Director of the
Congressional Budget Office a statement as to whether this bill
contains any new budget authority, spending authority, credit
authority, or an increase or decrease in revenues or tax
expenditures. The Chairman of the Committee shall cause such
estimate and statement to be printed in the Congressional
Record upon its receipt by the Committee.
Congressional Budget Office Cost Estimate
With respect to the requirement of clause 3(c)(3) of rule
XIII of the Rules of the House of Representatives, a cost
estimate provided by the Congressional Budget Office pursuant
to section 402 of the Congressional Budget Act of 1974 was not
made available to the Committee in time for the filing of this
report. The Chairman of the Committee shall cause such estimate
to be printed in the Congressional Record upon its receipt by
the Committee.
Committee Estimate of Budgetary Effects
With respect to the requirements of clause 3(d)(1) of rule
XIII of the Rules of the House of Representatives, the
Committee adopts as its own the cost estimate prepared by the
Director of the Congressional Budget Office pursuant to section
402 of the Congressional Budget Act of 1974.
Duplication of Federal Programs
Pursuant to clause 3(c)(5) of House rule XIII, no provision
of H.R. 5713 establishes or reauthorizes a program of the
federal government known to be duplicative of another federal
program.
Performance Goals and Objectives
The Committee states that pursuant to clause 3(c)(4) of
House rule XIII, H.R. 5713 would expand the categories of
criminal aliens who may be placed in removal proceedings when
they are in criminal custody and authorize DHS to place
additional criminal aliens in expedited removal proceedings.
Advisory on Earmarks
In accordance with clause 9 of House rule XXI, H.R. 5713
does not contain any congressional earmarks, limited tax
benefits, or limited tariff benefits as defined in clauses
9(d), 9(e), or 9(f) of House rule XXI.
Federal Mandates Statement
An estimate of federal mandates prepared by the Director of
the Congressional Budget office pursuant to section 423 of the
Unfunded Mandates Reform Act was not made available to the
Committee in time for the filing of this report. The Chairman
of the Committee shall cause such estimate to be printed in the
Congressional Record upon its receipt by the Committee.
Advisory Committee Statement
No advisory committees within the meaning of section 5(b)
of the Federal Advisory Committee Act were created by this
legislation.
Applicability to Legislative Branch
The Committee finds that the legislation does not relate to
the terms and conditions of employment or access to public
services or accommodations within the meaning of section
102(b)(3) of the Congressional Accountability Act (Pub. L. 104-
1).
Section-by-Section Analysis
Section 1. Short title
The ``Expedited Removal of Criminal Aliens Act.''
Section 2. Expedited removal of certain criminal aliens
This section expands the categories of criminal aliens that
may be placed in removal proceedings when they are in criminal
custody and authorizes DHS to place additional criminal aliens
in expedited removal proceedings. The section permits DHS to
fast-track the deportation of aliens who are not lawful
permanent residents and: (1) are members of a criminal gang,
transnational criminal organization, or foreign terrorist
organization; or (2) have been convicted of dangerous crimes,
including aliens convicted of any felony, any misdemeanor
against a member of a vulnerable group, any assault of a law
enforcement officer, any sexual offense, any crime of domestic
violence, any stalking offense, any crime against children
(including sex trafficking of a minor or sexual abuse of a
minor), any activity relating to material involving the sexual
exploitation of minors, or any violation of a protection order.
This section also mandates immigration detention for these
dangerous aliens and makes aliens ineligible for any
immigration relief if they are convicted of certain crimes or
are otherwise inadmissible or deportable and are members of a
criminal gang, transnational criminal organization, or foreign
terrorist organization.
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
matter is printed in italics, and existing law in which no
change is proposed is shown in roman):
IMMIGRATION AND NATIONALITY ACT
* * * * * * *
TITLE II--IMMIGRATION
Chapter 1--Selection System
* * * * * * *
asylum
Sec. 208. (a) Authority To Apply for Asylum.--
(1) In general.--Any alien who is physically present
in the United States or who arrives in the United
States (whether or not at a designated port of arrival
and including an alien who is brought to the United
States after having been interdicted in international
or United States waters), irrespective of such alien's
status, may apply for asylum in accordance with this
section or, where applicable, section 235(b).
(2) Exceptions.--
(A) Safe third country.--Paragraph (1) shall
not apply to an alien if the Attorney General
determines that the alien may be removed,
pursuant to a bilateral or multilateral
agreement, to a country (other than the country
of the alien's nationality or, in the case of
an alien having no nationality, the country of
the alien's last habitual residence) in which
the alien's life or freedom would not be
threatened on account of race, religion,
nationality, membership in a particular social
group, or political opinion, and where the
alien would have access to a full and fair
procedure for determining a claim to asylum or
equivalent temporary protection, unless the
Attorney General finds that it is in the public
interest for the alien to receive asylum in the
United States.
(B) Time limit.--Subject to subparagraph (D),
paragraph (1) shall not apply to an alien
unless the alien demonstrates by clear and
convincing evidence that the application has
been filed within 1 year after the date of the
alien's arrival in the United States.
(C) Previous asylum applications.--Subject to
subparagraph (D), paragraph (1) shall not apply
to an alien if the alien has previously applied
for asylum and had such application denied.
(D) Changed circumstances.--An application
for asylum of an alien may be considered,
notwithstanding subparagraphs (B) and (C), if
the alien demonstrates to the satisfaction of
the Attorney General either the existence of
changed circumstances which materially affect
the applicant's eligibility for asylum or
extraordinary circumstances relating to the
delay in filing an application within the
period specified in subparagraph (B).
(E) Applicability.--Subparagraphs (A) and (B)
shall not apply to an unaccompanied alien child
(as defined in section 462(g) of the Homeland
Security Act of 2002 (6 U.S.C. 279(g))).
(3) Limitation on judicial review.--No court shall
have jurisdiction to review any determination of the
Attorney General under paragraph (2).
(b) Conditions for Granting Asylum.--
(1) In general.--
(A) Eligibility.--The Secretary of Homeland
Security or the Attorney General may grant
asylum to an alien who has applied for asylum
in accordance with the requirements and
procedures established by the Secretary of
Homeland Security or the Attorney General under
this section if the Secretary of Homeland
Security or the Attorney General determines
that such alien is a refugee within the meaning
of section 101(a)(42)(A).
(B) Burden of proof.--
(i) In general.--The burden of proof
is on the applicant to establish that
the applicant is a refugee, within the
meaning of section 101(a)(42)(A). To
establish that the applicant is a
refugee within the meaning of such
section, the applicant must establish
that race, religion, nationality,
membership in a particular social
group, or political opinion was or will
be at least one central reason for
persecuting the applicant.
(ii) Sustaining burden.--The
testimony of the applicant may be
sufficient to sustain the applicant's
burden without corroboration, but only
if the applicant satisfies the trier of
fact that the applicant's testimony is
credible, is persuasive, and refers to
specific facts sufficient to
demonstrate that the applicant is a
refugee. In determining whether the
applicant has met the applicant's
burden, the trier of fact may weigh the
credible testimony along with other
evidence of record. Where the trier of
fact determines that the applicant
should provide evidence that
corroborates otherwise credible
testimony, such evidence must be
provided unless the applicant does not
have the evidence and cannot reasonably
obtain the evidence.
(iii) Credibility determination.--
Considering the totality of the
circumstances, and all relevant
factors, a trier of fact may base a
credibility determination on the
demeanor, candor, or responsiveness of
the applicant or witness, the inherent
plausibility of the applicant's or
witness's account, the consistency
between the applicant's or witness's
written and oral statements (whenever
made and whether or not under oath, and
considering the circumstances under
which the statements were made), the
internal consistency of each such
statement, the consistency of such
statements with other evidence of
record (including the reports of the
Department of State on country
conditions), and any inaccuracies or
falsehoods in such statements, without
regard to whether an inconsistency,
inaccuracy, or falsehood goes to the
heart of the applicant's claim, or any
other relevant factor. There is no
presumption of credibility, however, if
no adverse credibility determination is
explicitly made, the applicant or
witness shall have a rebuttable
presumption of credibility on appeal.
(2) Exceptions.--
(A) In general.--Paragraph (1) shall not
apply to an alien if the Attorney General
determines that--
(i) the alien ordered, incited,
assisted, or otherwise participated in
the persecution of any person on
account of race, religion, nationality,
membership in a particular social
group, or political opinion;
(ii) the alien, having been convicted
by a final judgment of a particularly
serious crime, constitutes a danger to
the community of the United States;
(iii) there are serious reasons for
believing that the alien has committed
a serious nonpolitical crime outside
the United States prior to the arrival
of the alien in the United States;
(iv) there are reasonable grounds for
regarding the alien as a danger to the
security of the United States;
(v) the alien is described in
subclause (I), (II), (III), (IV), or
(VI) of section 212(a)(3)(B)(i) or
section 237(a)(4)(B) (relating to
terrorist activity), unless, in the
case only of an alien inadmissible
under subclause (IV) of section
212(a)(3)(B)(i), the Attorney General
determines, in the Attorney General's
discretion, that there are not
reasonable grounds for regarding the
alien as a danger to the security of
the United States; [or]
(vi) the alien was firmly resettled
in another country prior to arriving in
the United States[.]; or
(vii) the alien has been convicted of
any criminal offense described in
subparagraph (A) or is described in
subparagraph (B) of section 238(a)(1),
regardless of whether such alien is
incarcerated or is in proceedings under
section 238.
(B) Special rules.--
(i) Conviction of aggravated
felony.--For purposes of clause (ii) of
subparagraph (A), an alien who has been
convicted of an aggravated felony shall
be considered to have been convicted of
a particularly serious crime.
(ii) Offenses.--The Attorney General
may designate by regulation offenses
that will be considered to be a crime
described in clause (ii) or (iii) of
subparagraph (A).
(C) Additional limitations.--The Attorney
General may by regulation establish additional
limitations and conditions, consistent with
this section, under which an alien shall be
ineligible for asylum under paragraph (1).
(D) No judicial review.--There shall be no
judicial review of a determination of the
Attorney General under subparagraph (A)(v).
(3) Treatment of spouse and children.--
(A) In general.--A spouse or child (as
defined in section 101(b)(1) (A), (B), (C),
(D), or (E)) of an alien who is granted asylum
under this subsection may, if not otherwise
eligible for asylum under this section, be
granted the same status as the alien if
accompanying, or following to join, such alien.
(B) Continued classification of certain
aliens as children.--An unmarried alien who
seeks to accompany, or follow to join, a parent
granted asylum under this subsection, and who
was under 21 years of age on the date on which
such parent applied for asylum under this
section, shall continue to be classified as a
child for purposes of this paragraph and
section 209(b)(3), if the alien attained 21
years of age after such application was filed
but while it was pending.
(C) Initial jurisdiction.--An asylum officer
(as defined in section 235(b)(1)(E)) shall have
initial jurisdiction over any asylum
application filed by an unaccompanied alien
child (as defined in section 462(g) of the
Homeland Security Act of 2002 (6 U.S.C.
279(g))), regardless of whether filed in
accordance with this section or section 235(b).
(c) Asylum Status.--
(1) In general.--In the case of an alien granted
asylum under subsection (b), the Attorney General--
(A) shall not remove or return the alien to
the alien's country of nationality or, in the
case of a person having no nationality, the
country of the alien's last habitual residence;
(B) shall authorize the alien to engage in
employment in the United States and provide the
alien with appropriate endorsement of that
authorization; and
(C) may allow the alien to travel abroad with
the prior consent of the Attorney General.
(2) Termination of asylum.--Asylum granted under
subsection (b) does not convey a right to remain
permanently in the United States, and may be terminated
if the Attorney General determines that--
(A) the alien no longer meets the conditions
described in subsection (b)(1) owing to a
fundamental change in circumstances;
(B) the alien meets a condition described in
subsection (b)(2);
(C) the alien may be removed, pursuant to a
bilateral or multilateral agreement, to a
country (other than the country of the alien's
nationality or, in the case of an alien having
no nationality, the country of the alien's last
habitual residence) in which the alien's life
or freedom would not be threatened on account
of race, religion, nationality, membership in a
particular social group, or political opinion,
and where the alien is eligible to receive
asylum or equivalent temporary protection;
(D) the alien has voluntarily availed himself
or herself of the protection of the alien's
country of nationality or, in the case of an
alien having no nationality, the alien's
country of last habitual residence, by
returning to such country with permanent
resident status or the reasonable possibility
of obtaining such status with the same rights
and obligations pertaining to other permanent
residents of that country; or
(E) the alien has acquired a new nationality
and enjoys the protection of the country of his
or her new nationality.
(3) Removal when asylum is terminated.--An alien
described in paragraph (2) is subject to any applicable
grounds of inadmissibility or deportability under
section 212(a) and 237(a), and the alien's removal or
return shall be directed by the Attorney General in
accordance with sections 240 and 241.
(d) Asylum Procedure.--
(1) Applications.--The Attorney General shall
establish a procedure for the consideration of asylum
applications filed under subsection (a). The Attorney
General may require applicants to submit fingerprints
and a photograph at such time and in such manner to be
determined by regulation by the Attorney General.
(2) Employment.--An applicant for asylum is not
entitled to employment authorization, but such
authorization may be provided under regulation by the
Attorney General. An applicant who is not otherwise
eligible for employment authorization shall not be
granted such authorization prior to 180 days after the
date of filing of the application for asylum.
(3) Fees.--The Attorney General shall impose fees for
the consideration of an application for asylum, for
employment authorization under this section, and for
adjustment of status under section 209(b). Nothing in
this paragraph may be construed to limit the authority
of the Attorney General to set additional adjudication
and naturalization fees in accordance with section
286(m).
(4) Notice of privilege of counsel and consequences
of frivolous application.--At the time of filing an
application for asylum, the Attorney General shall--
(A) advise the alien of the privilege of
being represented by counsel and of the
consequences, under paragraph (6), of knowingly
filing a frivolous application for asylum; and
(B) provide the alien a list of persons
(updated not less often than quarterly) who
have indicated their availability to represent
aliens in asylum proceedings on a pro bono
basis.
(5) Consideration of asylum applications.--
(A) Procedures.--The procedure established
under paragraph (1) shall provide that--
(i) asylum cannot be granted until
the identity of the applicant has been
checked against all appropriate records
or databases maintained by the Attorney
General and by the Secretary of State,
including the Automated Visa Lookout
System, to determine any grounds on
which the alien may be inadmissible to
or deportable from the United States,
or ineligible to apply for or be
granted asylum;
(ii) in the absence of exceptional
circumstances, the initial interview or
hearing on the asylum application shall
commence not later than 45 days after
the date an application is filed;
(iii) in the absence of exceptional
circumstances, final administrative
adjudication of the asylum application,
not including administrative appeal,
shall be completed within 180 days
after the date an application is filed;
(iv) any administrative appeal shall
be filed within 30 days of a decision
granting or denying asylum, or within
30 days of the completion of removal
proceedings before an immigration judge
under section 240, whichever is later;
and
(v) in the case of an applicant for
asylum who fails without prior
authorization or in the absence of
exceptional circumstances to appear for
an interview or hearing, including a
hearing under section 240, the
application may be dismissed or the
applicant may be otherwise sanctioned
for such failure.
(B) Additional regulatory conditions.--The
Attorney General may provide by regulation for
any other conditions or limitations on the
consideration of an application for asylum not
inconsistent with this Act.
(6) Frivolous applications.--If the Attorney General
determines that an alien has knowingly made a frivolous
application for asylum and the alien has received the
notice under paragraph (4)(A), the alien shall be
permanently ineligible for any benefits under this Act,
effective as of the date of a final determination on
such application.
(7) No private right of action.--Nothing in this
subsection shall be construed to create any substantive
or procedural right or benefit that is legally
enforceable by any party against the United States or
its agencies or officers or any other person.
(e) Commonwealth of the Northern Mariana Islands.--The
provisions of this section and section 209(b) shall apply to
persons physically present in the Commonwealth of the Northern
Mariana Islands or arriving in the Commonwealth (whether or not
at a designated port of arrival and including persons who are
brought to the Commonwealth after having been interdicted in
international or United States waters) only on or after January
1, 2014.
* * * * * * *
Chapter 4--Inspection, Apprehension, Examination, Exclusion, and
Removal
* * * * * * *
apprehension and detention of aliens
Sec. 236. (a) Arrest, Detention, and Release.--On a warrant
issued by the Attorney General, an alien may be arrested and
detained pending a decision on whether the alien is to be
removed from the United States. Except as provided in
subsection (c) and pending such decision, the Attorney
General--
(1) may continue to detain the arrested alien; and
(2) may release the alien on--
(A) bond of at least $1,500 with security
approved by, and containing conditions
prescribed by, the Attorney General; or
(B) conditional parole; but
(3) may not provide the alien with work authorization
(including an ``employment authorized'' endorsement or
other appropriate work permit), unless the alien is
lawfully admitted for permanent residence or otherwise
would (without regard to removal proceedings) be
provided such authorization.
(b) Revocation of Bond or Parole.--The Attorney General at
any time may revoke a bond or parole authorized under
subsection (a), rearrest the alien under the original warrant,
and detain the alien.
(c) Detention of Criminal Aliens.--
(1) Custody.--The Attorney General shall take into
custody any alien who--
(A) is inadmissible by reason of having
committed any offense covered in section
212(a)(2),
(B) is deportable by reason of having
committed any offense covered in section
237(a)(2)(A)(ii), (A)(iii), (B), (C), or (D),
(C) is deportable under section
237(a)(2)(A)(i) on the basis of an offense for
which the alien has been sentence to a term of
imprisonment of at least 1 year,
(D) is inadmissible under section
212(a)(3)(B) or deportable under section
237(a)(4)(B), [or]
(E)(i) is inadmissible under section 212 or
deportable under section 237; and
(ii)(I) is a member of a criminal gang (as
defined in section 238(a)(6)(B)) or
transnational criminal organization (as defined
in section 3003(5) of the Act titled ``Making
emergency supplemental appropriations for the
fiscal year ending September 30, 2024, and for
other purposes'' (21 U.S.C. 2341(5))); or
(II) has been convicted of any felony, any
misdemeanor with respect to which the
underlying conduct was committed against a
member of a vulnerable group (as defined in
section 238(a)(3)(A)), any assault of a law
enforcement officer, any sexual offense, any
crime of domestic violence, any stalking
offense, any crime with respect to which the
underlying conduct was committed against a
child (including sex trafficking of a minor or
sexual abuse of a minor), any activity relating
to material involving the sexual exploitation
of a minor, or any violation of a protection
order, or
[(E)] (F)(i) is inadmissible under paragraph
(6)(A), (6)(C), or (7) of section 212(a); and
(ii) is charged with, is arrested for, is
convicted of, admits having committed, or
admits committing acts which constitute the
essential elements of any burglary, theft,
larceny, shoplifting, or assault of a law
enforcement officer offense, or any crime that
results in death or serious bodily injury to
another person,
when the alien is released, without regard to whether
the alien is released on parole, supervised release, or
probation, and without regard to whether the alien may
be arrested or imprisoned again for the same offense.
(2) [Definition] Definitions.--[For purposes of
paragraph (1)(E),]
(A) For purposes of paragraph (1)(E)(ii)(II),
the terms and phrases in such paragraph have
the meanings given such terms and phrases in
the jurisdiction of conviction.
(B) For purposes of paragraph (1)(F), the
terms ``burglary'', ``theft'', ``larceny'',
``shoplifting'', ``assault of a law enforcement
officer'', and ``serious bodily injury'' have
the meanings given such terms in the
jurisdiction in which the acts occurred.
(3) Detainer.--The Secretary of Homeland Security
shall issue a detainer for an alien described in
paragraph (1)(E) and, if the alien is not otherwise
detained by Federal, State, or local officials, shall
effectively and expeditiously take custody of the
alien.
(4) Release.--The Attorney General may release an
alien described in paragraph (1) only if the Attorney
General decides pursuant to section 3521 of title 18,
United States Code, that release of the alien from
custody is necessary to provide protection to a
witness, a potential witness, a person cooperating with
an investigation into major criminal activity, or an
immediate family member or close associate of a
witness, potential witness, or person cooperating with
such an investigation, and the alien satisfies the
Attorney General that the alien will not pose a danger
to the safety of other persons or of property and is
likely to appear for any scheduled proceeding. A
decision relating to such release shall take place in
accordance with a procedure that considers the severity
of the offense committed by the alien.
(d) Identification of Criminal Aliens.--(1) The Attorney
General shall devise and implement a system--
(A) to make available, daily (on a 24-hour basis), to
Federal, State, and local authorities the investigative
resources of the Service to determine whether
individuals arrested by such authorities for aggravated
felonies are aliens;
(B) to designate and train officers and employees of
the Service to serve as a liaison to Federal, State,
and local law enforcement and correctional agencies and
courts with respect to the arrest, conviction, and
release of any alien charged with an aggravated felony;
and
(C) which uses computer resources to maintain a
current record of aliens who have been convicted of an
aggravated felony, and indicates those who have been
removed.
(2) The record under paragraph (1)(C) shall be made
available--
(A) to inspectors at ports of entry and to border
patrol agents at sector headquarters for purposes of
immediate identification of any alien who was
previously ordered removed and is seeking to reenter
the United States, and
(B) to officials of the Department of State for use
in its automated visa lookout system.
(3) Upon the request of the governor or chief executive
officer of any State, the Service shall provide assistance to
State courts in the identification of aliens unlawfully present
in the United States pending criminal prosecution.
(e) Judicial Review.--The Attorney General's discretionary
judgment regarding the application of this section shall not be
subject to review. No court may set aside any action or
decision by the Attorney General under this section regarding
the detention of any alien or the revocation or denial of bond
or parole.
(f) Enforcement by Attorney General of a State.--The attorney
general of a State, or other authorized State officer, alleging
an action or decision by the Attorney General or Secretary of
Homeland Security under this section to release any alien or
grant bond or parole to any alien that harms such State or its
residents shall have standing to bring an action against the
Attorney General or Secretary of Homeland Security on behalf of
such State or the residents of such State in an appropriate
district court of the United States to obtain appropriate
injunctive relief. The court shall advance on the docket and
expedite the disposition of a civil action filed under this
subsection to the greatest extent practicable. For purposes of
this subsection, a State or its residents shall be considered
to have been harmed if the State or its residents experience
harm, including financial harm in excess of $100.
* * * * * * *
[expedited removal of aliens convicted of committing aggravated
felonies] expedited removal of certain criminal aliens
Sec. 238. (a) Removal of Criminal Aliens.--
[(1) in general.--The Attorney General shall provide
for the availability of special removal proceedings at
certain Federal, State, and local correctional
facilities for aliens convicted of any criminal offense
covered in section 241(a)(2)(A)(iii), (B), (C), or (D),
or any offense covered by section 241(a)(2)(A)(ii) for
which both predicate offenses are, without regard to
the date of their commission, otherwise covered by
section 241(a)(2)(A)(i). Such proceedings shall be
conducted in conformity with section 240 (except as
otherwise provided in this section), and in a manner
which eliminates the need for additional detention at
any processing center of the Service and in a manner
which assures expeditious removal following the end of
the alien's incarceration for the underlying sentence.
Nothing in this section shall be construed to create
any substantive or procedural right or benefit that is
legally enforceable by any party against the United
States or its agencies or officers or any other
person.]
(1) In general.--The Secretary of Homeland Security
shall provide for the availability of special removal
proceedings at certain Federal, State, and local
correctional facilities for any incarcerated alien--
(A) convicted of any criminal offense covered
in section 237(a)(2)(A)(iii), (B), (C), or (D),
or any offense covered by section
237(a)(2)(A)(ii) for which both predicate
offenses are, without regard to the date of
their commission, otherwise covered by section
237(a)(2)(A)(i); or
(B) who the Secretary of Homeland Security
determines--
(i) is inadmissible or deportable;
and
(ii)(I) is a member of a criminal
gang or a transnational criminal
organization (as defined in section
3003(5) of the Act titled ``Making
emergency supplemental appropriations
for the fiscal year ending September
30, 2024, and for other purposes'' (21
U.S.C. 2341(5)));
(II) is a member of an organization
designated as a foreign terrorist
organization pursuant to section 219(a)
or has provided material support to
such an organization; or
(III) has been convicted of any
felony, any misdemeanor with respect to
which the underlying conduct was
committed against a member of a
vulnerable group, any assault of a law
enforcement officer, any sexual
offense, any crime of domestic
violence, any stalking offense, any
crime with respect to which the
underlying conduct was committed
against a child (including sex
trafficking of a minor or sexual abuse
of a minor), any activity relating to
material involving the sexual
exploitation of a minor, or any
violation of a protection order (as
such terms are defined in the
jurisdiction of conviction).
(2) Implementation.--With respect to an alien [convicted of
an aggravated felony] described in paragraph (1) who is taken
into custody by the [Attorney General] Secretary of Homeland
Security pursuant to section 236(c), the [Attorney General]
Secretary of Homeland Security shall, to the maximum extent
practicable, detain any such [felon] alien at a facility at
which other such aliens are detained. In the selection of such
facility, the [Attorney General] Secretary of Homeland Security
shall make reasonable efforts to ensure that the alien's access
to counsel and right to counsel under section 292 are not
impaired.
(3) expedited proceedings.--(A) Notwithstanding any other
provision of law, the [Attorney General] Secretary of Homeland
Security shall provide for the initiation and, to the extent
possible, the completion of removal proceedings, and any
administrative appeals thereof, in the case of any alien
[convicted of an aggravated felony] described in paragraph (1)
before the alien's release from incarceration [for the
underlying aggravated felony].
(B) Nothing in this section shall be construed as requiring
the [Attorney General] Secretary of Homeland Security to effect
the removal of any alien sentenced to actual incarceration,
before release from the penitentiary or correctional
institution where such alien is confined.
(4) review.--(A) The [Attorney General] Secretary of Homeland
Security shall review and evaluate removal proceedings
conducted under this section. Within 12 months after the
effective date of this section, the [Attorney General]
Secretary of Homeland Security shall submit a report to the
Committees on the Judiciary of the House of Representatives and
of the Senate concerning the effectiveness of such removal
proceedings in facilitating the removal of aliens convicted of
aggravated felonies.
(B) The Comptroller General shall monitor, review, and
evaluate removal proceedings conducted under this section.
(5) Manner of proceedings.--Special removal
proceedings described in this section shall be
conducted in conformity with section 240 (except as
otherwise provided in this section), and in a manner
which eliminates the need for additional detention at
any processing center of the Department of Homeland
Security and in a manner which assures expeditious
removal following the end of the alien's incarceration
for the underlying sentence. Nothing in this section
shall be construed to create any substantive or
procedural right or benefit that is legally enforceable
by any party against the United States or its agencies
or officers or any other person.
(6) Definitions.--In this subsection:
(A) The term ``member of a vulnerable group''
means--
(i) an individual who is younger than
16 years of age;
(ii) a pregnant woman;
(iii) an individual with a severe
physical or mental disability; or
(iv) an individual who is older than
65 years of age.
(B) The term ``criminal gang'' means an
ongoing group, club, organization, or
association of 5 or more persons that has as 1
of its primary purposes the commission of 1 or
more of the offenses described in this
subparagraph and the members of which engage,
or have engaged within the past 5 years, in a
continuing series of such offenses. The
offenses described, whether committed, in whole
or in part, within or outside of the United
States and regardless of whether the offenses
occurred before, on, or after the date of the
enactment of this paragraph, are the following:
(i) A Federal, State, local, or
Tribal offense that is punishable by
imprisonment for more than 1 year and
relates to a controlled substance (as
so classified under the relevant
Federal, State, local, or Tribal law),
regardless of whether the substance is
classified as a controlled substance
under section 102 of the Controlled
Substances Act (21 U.S.C. 802).
(ii) A foreign offense that is
punishable by imprisonment for more
than 1 year and relates to a controlled
substance as defined under section 102
of the Controlled Substances Act (21
U.S.C. 802).
(iii) An offense that is punishable
by imprisonment for more than 1 year
and involves firearms or explosives (as
defined under the relevant Federal,
State, local, Tribal, or foreign law)
or in violation of section 931 of title
18, United States Code (relating to
purchase, ownership, or possession of
body armor by violent felons).
(iv) An offense under section 274
(relating to bringing in and harboring
certain aliens), section 277 (relating
to aiding or assisting certain aliens
to enter the United States), or section
278 (relating to importation of alien
for immoral purpose).
(v) A crime of violence (as defined
in section 16(a) of title 18, United
States Code).
(vi) A crime involving obstruction of
justice, tampering with or retaliating
against a witness, victim, or
informant, or burglary (as such terms
are defined under the relevant Federal,
State, local, Tribal, or foreign law).
(vii) Any conduct punishable under--
(I) sections 1028, 1028A, and
1029 of title 18, United States
Code (relating to fraud,
aggravated identity theft or
fraud and related activity in
connection with identification
documents or access devices);
(II) sections 1581 through
1594 of such title (relating to
peonage, slavery, and
trafficking in persons);
(III) section 1951 of such
title (relating to interference
with commerce by threats or
violence);
(IV) section 1952 of such
title (relating to interstate
and foreign travel or
transportation in aid of
racketeering enterprises);
(V) section 1956 of such
title (relating to the
laundering of monetary
instruments);
(VI) section 1957 of such
title (relating to engaging in
monetary transactions in
property derived from specified
unlawful activity); or
(VII) sections 2312 through
2315 of such title (relating to
interstate transportation of
stolen motor vehicles or stolen
property).
(viii) A conspiracy to commit an
offense described in subclauses (I)
through (VII) of clause (vii).
(b) Removal of Aliens Who Are Not Permanent Residents.--
(1) The [Attorney General] Secretary of Homeland
Security may, in the case of an alien described in
paragraph (2), determine the inadmissibility or
deportability of such alien [under section
237(a)(2)(A)(iii) (relating to conviction of an
aggravated felony)] and issue an order of removal
pursuant to the procedures set forth in this subsection
or issue a notice to appear under section 239 to
initiate removal proceedings under section 240.
[(2) An alien is described in this paragraph if the
alien--
[(A) was not lawfully admitted for permanent
residence at the time at which proceedings
under this section commenced; or
[(B) had permanent resident status on a
conditional basis (as described in section 216)
at the time that proceedings under this section
commenced.]
(2) Alien described.--An alien is described in this
paragraph if the alien--
(A) has been convicted of any criminal
offense described in subparagraph (A) or is
described in subparagraph (B) of section
238(a)(1), regardless of whether such alien is
incarcerated; and
(B)(i) was not lawfully admitted for
permanent residence at the time at which
proceedings under this section commenced; or
(ii) had permanent resident status on a
conditional basis (as described in section 216
of this title) at the time that proceedings
under this section commenced.
(3) The [Attorney General] Secretary of Homeland
Security may not execute any order described in
paragraph (1) until 14 calendar days have passed from
the date that such order was issued, unless waived by
the alien, in order that the alien has an opportunity
to apply for judicial review under section 242.
(4) Proceedings before the [Attorney General]
Secretary of Homeland Security under this subsection
shall be in accordance with such regulations as the
[Attorney General] Secretary of Homeland Security shall
prescribe. The [Attorney General] Secretary of Homeland
Security shall provide that--
(A) the alien is given reasonable notice of
the charges and of the opportunity described in
subparagraph (C);
(B) the alien shall have the privilege of
being represented (at no expense to the
government) by such counsel, authorized to
practice in such proceedings, as the alien
shall choose;
(C) the alien has a reasonable opportunity to
inspect the evidence and rebut the charges;
(D) a determination is made for the record
that the individual upon whom the notice for
the proceeding under this section is served
(either in person or by mail) is, in fact, the
alien named in such notice;
(E) a record is maintained for judicial
review; and
(F) the final order of removal is not
adjudicated by the same person who issues the
charges.
(5) No alien described in this section shall be
eligible for any relief from removal that the Attorney
General or Secretary of Homeland Security may grant in
the Attorney General's or Secretary's discretion,
regardless of whether the alien is in proceedings under
this section.
(c) Presumption of Deportability.--An alien convicted of an
aggravated felony shall be conclusively presumed to be
deportable from the United States.
[(c)] (d) Judicial Removal.--
(1) Authority.--Notwithstanding any other provision
of this Act, a United States district court shall have
jurisdiction to enter a judicial order of removal at
the time of sentencing against an alien who is
deportable, if such an order has been requested by the
United States Attorney with the concurrence of the
Commissioner and if the court chooses to exercise such
jurisdiction.
(2) Procedure.--
(A) The United States Attorney shall file
with the United States district court, and
serve upon the defendant and the Service, prior
to commencement of the trial or entry of a
guilty plea a notice of intent to request
judicial removal.
(B) Notwithstanding section 242B, the United
States Attorney, with the concurrence of the
Commissioner, shall file at least 30 days prior
to the date set for sentencing a charge
containing factual allegations regarding the
alienage of the defendant and identifying the
crime or crimes which make the defendant
deportable under section 241(a)(2)(A).
(C) If the court determines that the
defendant has presented substantial evidence to
establish prima facie eligibility for relief
from removal under this Act, the Commissioner
shall provide the court with a recommendation
and report regarding the alien's eligibility
for relief. The court shall either grant or
deny the relief sought.
(D)(i) The alien shall have a reasonable
opportunity to examine the evidence against him
or her, to present evidence on his or her own
behalf, and to cross-examine witnesses
presented by the Government.
(ii) The court, for the purposes of
determining whether to enter an order described
in paragraph (1), shall only consider evidence
that would be admissible in proceedings
conducted pursuant to section 240.
(iii) Nothing in this subsection shall limit
the information a court of the United States
may receive or consider for the purposes of
imposing an appropriate sentence.
(iv) The court may order the alien removed if
the Attorney General demonstrates that the
alien is deportable under this Act.
(3) Notice, appeal, and execution of judicial order
of removal.--
(A)(i) A judicial order of removal or denial
of such order may be appealed by either party
to the court of appeals for the circuit in
which the district court is located.
(ii) Except as provided in clause (iii), such
appeal shall be considered consistent with the
requirements described in section 242.
(iii) Upon execution by the defendant of a
valid waiver of the right to appeal the
conviction on which the order of removal is
based, the expiration of the period described
in section 242(b)(1), or the final dismissal of
an appeal from such conviction, the order of
removal shall become final and shall be
executed at the end of the prison term in
accordance with the terms of the order. If the
conviction is reversed on direct appeal, the
order entered pursuant to this section shall be
void.
(B) As soon as is practicable after entry of
a judicial order of removal, the Commissioner
shall provide the defendant with written notice
of the order of removal, which shall designate
the defendant's country of choice for removal
and any alternate country pursuant to section
243(a).
(4) Denial of judicial order.--Denial of a request
for a judicial order of removal shall not preclude the
Attorney General from initiating removal proceedings
pursuant to section 240 upon the same ground of
deportability or upon any other ground of deportability
provided under section 241(a).
(5) Stipulated judicial order of removal.--The United
States Attorney, with the concurrence of the
Commissioner, may, pursuant to Federal Rule of Criminal
Procedure 11, enter into a plea agreement which calls
for the alien, who is deportable under this Act, to
waive the right to notice and a hearing under this
section, and stipulate to the entry of a judicial order
of removal from the United States as a condition of the
plea agreement or as a condition of probation or
supervised release, or both. The United States district
court, in both felony and misdemeanor cases, and a
United States magistrate judge in misdemeanor cases,
may accept such a stipulation and shall have
jurisdiction to enter a judicial order of removal
pursuant to the terms of such stipulation.
* * * * * * *
detention and removal of aliens ordered removed
Sec. 241. (a) Detention, Release, and Removal of Aliens
Ordered Removed.--
(1) Removal period.--
(A) In general.--Except as otherwise provided
in this section, when an alien is ordered
removed, the Attorney General shall remove the
alien from the United States within a period of
90 days (in this section referred to as the
``removal period'').
(B) Beginning of period.--The removal period
begins on the latest of the following:
(i) The date the order of removal
becomes administratively final.
(ii) If the removal order is
judicially reviewed and if a court
orders a stay of the removal of the
alien, the date of the court's final
order.
(iii) If the alien is detained or
confined (except under an immigration
process), the date the alien is
released from detention or confinement.
(C) Suspension of period.--The removal period
shall be extended beyond a period of 90 days
and the alien may remain in detention during
such extended period if the alien fails or
refuses to make timely application in good
faith for travel or other documents necessary
to the alien's departure or conspires or acts
to prevent the alien's removal subject to an
order of removal.
(2) Detention.--
(A) In general.--During the removal period,
the Attorney General shall detain the alien.
Under no circumstance during the removal period
shall the Attorney General release an alien who
has been found inadmissible under section
212(a)(2) or 212(a)(3)(B) or deportable under
section 237(a)(2) or 237(a)(4)(B).
(B) Enforcement by attorney general of a
state.--The attorney general of a State, or
other authorized State officer, alleging a
violation of the detention requirement under
subparagraph (A) that harms such State or its
residents shall have standing to bring an
action against the Secretary of Homeland
Security on behalf of such State or the
residents of such State in an appropriate
district court of the United States to obtain
appropriate injunctive relief. The court shall
advance on the docket and expedite the
disposition of a civil action filed under this
subparagraph to the greatest extent
practicable. For purposes of this subparagraph,
a State or its residents shall be considered to
have been harmed if the State or its residents
experience harm, including financial harm in
excess of $100.
(3) Supervision after 90-day period.--If the alien
does not leave or is not removed within the removal
period, the alien, pending removal, shall be subject to
supervision under regulations prescribed by the
Attorney General. The regulations shall include
provisions requiring the alien--
(A) to appear before an immigration officer
periodically for identification;
(B) to submit, if necessary, to a medical and
psychiatric examination at the expense of the
United States Government;
(C) to give information under oath about the
alien's nationality, circumstances, habits,
associations, and activities, and other
information the Attorney General considers
appropriate; and
(D) to obey reasonable written restrictions
on the alien's conduct or activities that the
Attorney General prescribes for the alien.
(4) Aliens imprisoned, arrested, or on parole,
supervised release, or probation.--
(A) In general.--Except as provided in
section 343(a) of the Public Health Service Act
(42 U.S.C. 259(a)) and paragraph (2), the
Attorney General may not remove an alien who is
sentenced to imprisonment until the alien is
released from imprisonment. Parole, supervised
release, probation, or possibility of arrest or
further imprisonment is not a reason to defer
removal.
(B) Exception for removal of nonviolent
offenders prior to completion of sentence of
imprisonment.--The Attorney General is
authorized to remove an alien in accordance
with applicable procedures under this Act
before the alien has completed a sentence of
imprisonment--
(i) in the case of an alien in the
custody of the Attorney General, if the
Attorney General determines that (I)
the alien is confined pursuant to a
final conviction for a nonviolent
offense (other than an offense related
to smuggling or harboring of aliens or
an offense described in section
101(a)(43)(B), (C), (E), (I), or (L)
and (II) the removal of the alien is
appropriate and in the best interest of
the United States; or
(ii) in the case of an alien in the
custody of a State (or a political
subdivision of a State), if the chief
State official exercising authority
with respect to the incarceration of
the alien determines that (I) the alien
is confined pursuant to a final
conviction for a nonviolent offense
(other than an offense described in
section 101(a)(43)(C) or (E)), (II) the
removal is appropriate and in the best
interest of the State, and (III)
submits a written request to the
Attorney General that such alien be so
removed.
(C) Notice.--Any alien removed pursuant to
this paragraph shall be notified of the
penalties under the laws of the United States
relating to the reentry of removed aliens,
particularly the expanded penalties for aliens
removed under subparagraph (B).
(D) No private right.--No cause or claim may
be asserted under this paragraph against any
official of the United States or of any State
to compel the release, removal, or
consideration for release or removal of any
alien.
(5) Reinstatement of removal orders against aliens
illegally reentering.--If the Attorney General finds
that an alien has reentered the United States illegally
after having been removed or having departed
voluntarily, under an order of removal, the prior order
of removal is reinstated from its original date and is
not subject to being reopened or reviewed, the alien is
not eligible and may not apply for any relief under
this Act, and the alien shall be removed under the
prior order at any time after the reentry.
(6) Inadmissible or criminal aliens.--An alien
ordered removed who is inadmissible under section 212,
removable under section 237(a)(1)(C), 237(a)(2), or
237(a)(4) or who has been determined by the Attorney
General to be a risk to the community or unlikely to
comply with the order of removal, may be detained
beyond the removal period and, if released, shall be
subject to the terms of supervision in paragraph (3).
(7) Employment authorization.--No alien ordered
removed shall be eligible to receive authorization to
be employed in the United States unless the Attorney
General makes a specific finding that--
(A) the alien cannot be removed due to the
refusal of all countries designated by the
alien or under this section to receive the
alien, or
(B) the removal of the alien is otherwise
impracticable or contrary to the public
interest.
(b) Countries to Which Aliens May Be Removed.--
(1) Aliens arriving at the united states.--Subject to
paragraph (3)--
(A) In general.--Except as provided by
subparagraphs (B) and (C), an alien who arrives
at the United States and with respect to whom
proceedings under section 240 were initiated at
the time of such alien's arrival shall be
removed to the country in which the alien
boarded the vessel or aircraft on which the
alien arrived in the United States.
(B) Travel from contiguous territory.--If the
alien boarded the vessel or aircraft on which
the alien arrived in the United States in a
foreign territory contiguous to the United
States, an island adjacent to the United
States, or an island adjacent to a foreign
territory contiguous to the United States, and
the alien is not a native, citizen, subject, or
national of, or does not reside in, the
territory or island, removal shall be to the
country in which the alien boarded the vessel
that transported the alien to the territory or
island.
(C) Alternative countries.--If the government
of the country designated in subparagraph (A)
or (B) is unwilling to accept the alien into
that country's territory, removal shall be to
any of the following countries, as directed by
the Attorney General:
(i) The country of which the alien is
a citizen, subject, or national.
(ii) The country in which the alien
was born.
(iii) The country in which the alien
has a residence.
(iv) A country with a government that
will accept the alien into the
country's territory if removal to each
country described in a previous clause
of this subparagraph is impracticable,
inadvisable, or impossible.
(2) Other aliens.--Subject to paragraph (3)--
(A) Selection of country by alien.--Except as
otherwise provided in this paragraph--
(i) any alien not described in
paragraph (1) who has been ordered
removed may designate one country to
which the alien wants to be removed,
and
(ii) the Attorney General shall
remove the alien to the country the
alien so designates.
(B) Limitation on designation.--An alien may
designate under subparagraph (A)(i) a foreign
territory contiguous to the United States, an
adjacent island, or an island adjacent to a
foreign territory contiguous to the United
States as the place to which the alien is to be
removed only if the alien is a native, citizen,
subject, or national of, or has resided in,
that designated territory or island.
(C) Disregarding designation.--The Attorney
General may disregard a designation under
subparagraph (A)(i) if--
(i) the alien fails to designate a
country promptly;
(ii) the government of the country
does not inform the Attorney General
finally, within 30 days after the date
the Attorney General first inquires,
whether the government will accept the
alien into the country;
(iii) the government of the country
is not willing to accept the alien into
the country; or
(iv) the Attorney General decides
that removing the alien to the country
is prejudicial to the United States.
(D) Alternative country.--If an alien is not
removed to a country designated under
subparagraph (A)(i), the Attorney General shall
remove the alien to a country of which the
alien is a subject, national, or citizen unless
the government of the country--
(i) does not inform the Attorney
General or the alien finally, within 30
days after the date the Attorney
General first inquires or within
another period of time the Attorney
General decides is reasonable, whether
the government will accept the alien
into the country; or
(ii) is not willing to accept the
alien into the country.
(E) Additional removal countries.--If an
alien is not removed to a country under the
previous subparagraphs of this paragraph, the
Attorney General shall remove the alien to any
of the following countries:
(i) The country from which the alien
was admitted to the United States.
(ii) The country in which is located
the foreign port from which the alien
left for the United States or for a
foreign territory contiguous to the
United States.
(iii) A country in which the alien
resided before the alien entered the
country from which the alien entered
the United States.
(iv) The country in which the alien
was born.
(v) The country that had sovereignty
over the alien's birthplace when the
alien was born.
(vi) The country in which the alien's
birthplace is located when the alien is
ordered removed.
(vii) If impracticable, inadvisable,
or impossible to remove the alien to
each country described in a previous
clause of this subparagraph, another
country whose government will accept
the alien into that country.
(F) Removal country when united states is at
war.--When the United States is at war and the
Attorney General decides that it is
impracticable, inadvisable, inconvenient, or
impossible to remove an alien under this
subsection because of the war, the Attorney
General may remove the alien--
(i) to the country that is host to a
government in exile of the country of
which the alien is a citizen or subject
if the government of the host country
will permit the alien's entry; or
(ii) if the recognized government of
the country of which the alien is a
citizen or subject is not in exile, to
a country, or a political or
territorial subdivision of a country,
that is very near the country of which
the alien is a citizen or subject, or,
with the consent of the government of
the country of which the alien is a
citizen or subject, to another country.
(3) Restriction on removal to a country where alien's
life or freedom would be threatened.--
(A) In general.--Notwithstanding paragraphs
(1) and (2), the Attorney General may not
remove an alien to a country if the Attorney
General decides that the alien's life or
freedom would be threatened in that country
because of the alien's race, religion,
nationality, membership in a particular social
group, or political opinion.
(B) Exception.--Subparagraph (A) does not
apply to an alien deportable under section
237(a)(4)(D) or if the Attorney General decides
that--
(i) the alien ordered, incited,
assisted, or otherwise participated in
the persecution of an individual
because of the individual's race,
religion, nationality, membership in a
particular social group, or political
opinion;
(ii) the alien, having been convicted
by a final judgment of a particularly
serious crime is a danger to the
community of the United States;
(iii) there are serious reasons to
believe that the alien committed a
serious nonpolitical crime outside the
United States before the alien arrived
in the United States; [or]
(iv) there are reasonable grounds to
believe that the alien is a danger to
the security of the United States[.];
or
(v) the alien has been convicted of
any criminal offense described in
subparagraph (A) or is described in
subparagraph (B) of section 238(a)(1),
regardless of whether such alien is
incarcerated or is in proceedings under
section 238.
For purposes of clause (ii), an alien who has
been convicted of an aggravated felony (or
felonies) for which the alien has been
sentenced to an aggregate term of imprisonment
of at least 5 years shall be considered to have
committed a particularly serious crime. The
previous sentence shall not preclude the
Attorney General from determining that,
notwithstanding the length of sentence imposed,
an alien has been convicted of a particularly
serious crime. For purposes of clause (iv), an
alien who is described in section 237(a)(4)(B)
shall be considered to be an alien with respect
to whom there are reasonable grounds for
regarding as a danger to the security of the
United States.
(C) Sustaining burden of proof; credibility
determinations.--In determining whether an
alien has demonstrated that the alien's life or
freedom would be threatened for a reason
described in subparagraph (A), the trier of
fact shall determine whether the alien has
sustained the alien's burden of proof, and
shall make credibility determinations, in the
manner described in clauses (ii) and (iii) of
section 208(b)(1)(B).
(c) Removal of Aliens Arriving at Port of Entry.--
(1) Vessels and aircraft.--An alien arriving at a
port of entry of the United States who is ordered
removed either without a hearing under section
235(b)(1) or 235(c) or pursuant to proceedings under
section 240 initiated at the time of such alien's
arrival shall be removed immediately on a vessel or
aircraft owned by the owner of the vessel or aircraft
on which the alien arrived in the United States,
unless--
(A) it is impracticable to remove the alien
on one of those vessels or aircraft within a
reasonable time, or
(B) the alien is a stowaway--
(i) who has been ordered removed in
accordance with section 235(a)(1),
(ii) who has requested asylum, and
(iii) whose application has not been
adjudicated or whose asylum application
has been denied but who has not
exhausted all appeal rights.
(2) Stay of removal.--
(A) In general.--The Attorney General may
stay the removal of an alien under this
subsection if the Attorney General decides
that--
(i) immediate removal is not
practicable or proper; or
(ii) the alien is needed to testify
in the prosecution of a person for a
violation of a law of the United States
or of any State.
(B) Payment of detention costs.--During the
period an alien is detained because of a stay
of removal under subparagraph (A)(ii), the
Attorney General may pay from the appropriation
``Immigration and Naturalization Service--
Salaries and Expenses''--
(i) the cost of maintenance of the
alien; and
(ii) a witness fee of $1 a day.
(C) Release during stay.--The Attorney
General may release an alien whose removal is
stayed under subparagraph (A)(ii) on--
(i) the alien's filing a bond of at
least $500 with security approved by
the Attorney General;
(ii) condition that the alien appear
when required as a witness and for
removal; and
(iii) other conditions the Attorney
General may prescribe.
(3) Costs of detention and maintenance pending
removal.--
(A) In general.--Except as provided in
subparagraph (B) and subsection (d), an owner
of a vessel or aircraft bringing an alien to
the United States shall pay the costs of
detaining and maintaining the alien--
(i) while the alien is detained under
subsection (d)(1), and
(ii) in the case of an alien who is a
stowaway, while the alien is being
detained pursuant to--
(I) subsection (d)(2)(A) or
(d)(2)(B)(i),
(II) subsection (d)(2)(B)(ii)
or (iii) for the period of time
reasonably necessary for the
owner to arrange for
repatriation or removal of the
stowaway, including obtaining
necessary travel documents, but
not to extend beyond the date
on which it is ascertained that
such travel documents cannot be
obtained from the country to
which the stowaway is to be
returned, or
(III) section
235(b)(1)(B)(ii), for a period
not to exceed 15 days
(excluding Saturdays, Sundays,
and holidays) commencing on the
first such day which begins on
the earlier of 72 hours after
the time of the initial
presentation of the stowaway
for inspection or at the time
the stowaway is determined to
have a credible fear of
persecution.
(B) Nonapplication.--Subparagraph (A) shall
not apply if--
(i) the alien is a crewmember;
(ii) the alien has an immigrant visa;
(iii) the alien has a nonimmigrant
visa or other documentation authorizing
the alien to apply for temporary
admission to the United States and
applies for admission not later than
120 days after the date the visa or
documentation was issued;
(iv) the alien has a reentry permit
and applies for admission not later
than 120 days after the date of the
alien's last inspection and admission;
(v)(I) the alien has a nonimmigrant
visa or other documentation authorizing
the alien to apply for temporary
admission to the United States or a
reentry permit;
(II) the alien applies for admission
more than 120 days after the date the
visa or documentation was issued or
after the date of the last inspection
and admission under the reentry permit;
and
(III) the owner of the vessel or
aircraft satisfies the Attorney General
that the existence of the condition
relating to inadmissibility could not
have been discovered by exercising
reasonable care before the alien
boarded the vessel or aircraft; or
(vi) the individual claims to be a
national of the United States and has a
United States passport.
(d) Requirements of Persons Providing Transportation.--
(1) Removal at time of arrival.--An owner, agent,
master, commanding officer, person in charge, purser,
or consignee of a vessel or aircraft bringing an alien
(except an alien crewmember) to the United States
shall--
(A) receive an alien back on the vessel or
aircraft or another vessel or aircraft owned or
operated by the same interests if the alien is
ordered removed under this part; and
(B) take the alien to the foreign country to
which the alien is ordered removed.
(2) Alien stowaways.--An owner, agent, master,
commanding officer, charterer, or consignee of a vessel
or aircraft arriving in the United States with an alien
stowaway--
(A) shall detain the alien on board the
vessel or aircraft, or at such place as the
Attorney General shall designate, until
completion of the inspection of the alien by an
immigration officer;
(B) may not permit the stowaway to land in
the United States, except pursuant to
regulations of the Attorney General
temporarily--
(i) for medical treatment,
(ii) for detention of the stowaway by
the Attorney General, or
(iii) for departure or removal of the
stowaway; and
(C) if ordered by an immigration officer,
shall remove the stowaway on the vessel or
aircraft or on another vessel or aircraft.
The Attorney General shall grant a timely request to
remove the stowaway under subparagraph (C) on a vessel
or aircraft other than that on which the stowaway
arrived if the requester has obtained any travel
documents necessary for departure or repatriation of
the stowaway and removal of the stowaway will not be
unreasonably delayed.
(3) Removal upon order.--An owner, agent, master,
commanding officer, person in charge, purser, or
consignee of a vessel, aircraft, or other
transportation line shall comply with an order of the
Attorney General to take on board, guard safely, and
transport to the destination specified any alien
ordered to be removed under this Act.
(e) Payment of Expenses of Removal.--
(1) Costs of removal at time of arrival.--In the case
of an alien who is a stowaway or who is ordered removed
either without a hearing under section 235(a)(1) or
235(c) or pursuant to proceedings under section 240
initiated at the time of such alien's arrival, the
owner of the vessel or aircraft (if any) on which the
alien arrived in the United States shall pay the
transportation cost of removing the alien. If removal
is on a vessel or aircraft not owned by the owner of
the vessel or aircraft on which the alien arrived in
the United States, the Attorney General may--
(A) pay the cost from the appropriation
``Immigration and Naturalization Service--
Salaries and Expenses''; and
(B) recover the amount of the cost in a civil
action from the owner, agent, or consignee of
the vessel or aircraft (if any) on which the
alien arrived in the United States.
(2) Costs of removal to port of removal for aliens
admitted or permitted to land.--In the case of an alien
who has been admitted or permitted to land and is
ordered removed, the cost (if any) of removal of the
alien to the port of removal shall be at the expense of
the appropriation for the enforcement of this Act.
(3) Costs of removal from port of removal for aliens
admitted or permitted to land.--
(A) Through appropriation.--Except as
provided in subparagraph (B), in the case of an
alien who has been admitted or permitted to
land and is ordered removed, the cost (if any)
of removal of the alien from the port of
removal shall be at the expense of the
appropriation for the enforcement of this Act.
(B) Through owner.--
(i) In general.--In the case of an
alien described in clause (ii), the
cost of removal of the alien from the
port of removal may be charged to any
owner of the vessel, aircraft, or other
transportation line by which the alien
came to the United States.
(ii) Aliens described.--An alien
described in this clause is an alien
who--
(I) is admitted to the United
States (other than lawfully
admitted for permanent
residence) and is ordered
removed within 5 years of the
date of admission based on a
ground that existed before or
at the time of admission, or
(II) is an alien crewman
permitted to land temporarily
under section 252 and is
ordered removed within 5 years
of the date of landing.
(C) Costs of removal of certain aliens
granted voluntary departure.--In the case of an
alien who has been granted voluntary departure
under section 240B and who is financially
unable to depart at the alien's own expense and
whose removal the Attorney General deems to be
in the best interest of the United States, the
expense of such removal may be paid from the
appropriation for the enforcement of this Act.
(f) Aliens Requiring Personal Care During Removal.--
(1) In general.--If the Attorney General believes
that an alien being removed requires personal care
because of the alien's mental or physical condition,
the Attorney General may employ a suitable person for
that purpose who shall accompany and care for the alien
until the alien arrives at the final destination.
(2) Costs.--The costs of providing the service
described in paragraph (1) shall be defrayed in the
same manner as the expense of removing the accompanied
alien is defrayed under this section.
(g) Places of Detention.--
(1) In general.--The Attorney General shall arrange
for appropriate places of detention for aliens detained
pending removal or a decision on removal. When United
States Government facilities are unavailable or
facilities adapted or suitably located for detention
are unavailable for rental, the Attorney General may
expend from the appropriation ``Immigration and
Naturalization Service--Salaries and Expenses'',
without regard to section 3709 of the Revised Statutes
(41 U.S.C. 5), amounts necessary to acquire land and to
acquire, build, remodel, repair, and operate facilities
(including living quarters for immigration officers if
not otherwise available) necessary for detention.
(2) Detention facilities of the immigration and
naturalization service.--Prior to initiating any
project for the construction of any new detention
facility for the Service, the Commissioner shall
consider the availability for purchase or lease of any
existing prison, jail, detention center, or other
comparable facility suitable for such use.
(h) Statutory Construction.--Nothing in this section shall be
construed to create any substantive or procedural right or
benefit that is legally enforceable by any party against the
United States or its agencies or officers or any other person.
(i) Incarceration.--
(1) If the chief executive officer of a State (or, if
appropriate, a political subdivision of the State)
exercising authority with respect to the incarceration
of an undocumented criminal alien submits a written
request to the Attorney General, the Attorney General
shall, as determined by the Attorney General--
(A) enter into a contractual arrangement
which provides for compensation to the State or
a political subdivision of the State, as may be
appropriate, with respect to the incarceration
of the undocumented criminal alien; or
(B) take the undocumented criminal alien into
the custody of the Federal Government and
incarcerate the alien.
(2) Compensation under paragraph (1)(A) shall be the
average cost of incarceration of a prisoner in the
relevant State as determined by the Attorney General.
(3) For purposes of this subsection, the term
``undocumented criminal alien'' means an alien who--
(A) has been convicted of a felony or two or
more misdemeanors; and
(B)(i) entered the United States without
inspection or at any time or place other than
as designated by the Attorney General;
(ii) was the subject of exclusion or
deportation proceedings at the time he or she
was taken into custody by the State or a
political subdivision of the State; or
(iii) was admitted as a nonimmigrant and at
the time he or she was taken into custody by
the State or a political subdivision of the
State has failed to maintain the nonimmigrant
status in which the alien was admitted or to
which it was changed under section 248, or to
comply with the conditions of any such status.
(4)(A) In carrying out paragraph (1), the Attorney
General shall give priority to the Federal
incarceration of undocumented criminal aliens who have
committed aggravated felonies.
(B) The Attorney General shall ensure that
undocumented criminal aliens incarcerated in Federal
facilities pursuant to this subsection are held in
facilities which provide a level of security
appropriate to the crimes for which they were
convicted.
(5) There are authorized to be appropriated to carry
out this subsection--
(A) $750,000,000 for fiscal year 2006;
(B) $850,000,000 for fiscal year 2007; and
(C) $950,000,000 for each of the fiscal years
2008 through 2011.
(6) Amounts appropriated pursuant to the
authorization of appropriations in paragraph (5) that
are distributed to a State or political subdivision of
a State, including a municipality, may be used only for
correctional purposes.
* * * * * * *
Dissenting Views
This bill has dangerous and far-reaching implications. It
would give the Secretary of Homeland Security the power to
strip any non-citizen--with the exception of green card
holders--of their due process rights by unilaterally, and
without evidence, labeling them a terrorist or gang member.
This would subject them to swift removal while denying them
access to nearly all forms of immigration relief, including
asylum. This bill is an attempted end-run around the Supreme
Court's holding that even under the Alien Enemies Act,
individuals are guaranteed some form of due process before
being sent out of the country.
Unfortunately, time and time again, the Trump
Administration has recklessly claimed that hundreds of people
are gang members and terrorists without any concrete evidence
to back up that claim. These wild accusations have led to
devastating and even deadly results.
Consider the case of Jerce Reyes Barrios, a 36-year-old
professional soccer player and coach. He was an asylum seeker
from Venezuela awaiting his asylum hearing. But, unbeknownst to
his family, he was swept up and flown out of the country to a
torture prison in El Salvador as part of the government's
dragnet campaign against alleged members of Tren de Aragua
(TdA). Barrios had no criminal record and no criminal charges
but was sent to the notorious CECOT prison under the control of
El Salvador's ruthless dictator because he has a tattoo on his
right arm, which the Trump Administration mistakenly associated
with Tren de Aragua. In fact, the tattoo is of a soccer ball
topped with a crown, which signifies the soccer club Real
Madrid.
Consider the case of Andry Hernandez Romero, a gay makeup
artist and barber who fled Venezuela's brutal Maduro regime,
which was persecuting him for being gay and anti-government.\1\
He had passed his credible fear interview in the asylum
process.\2\ In fact, his asylum claim was pending when he was
swept up in the government's mass deportation campaign because
of his benign tattoos of two crowns, one symbolizing his father
and one symbolizing his mother, which became the basis for his
removal.\3\ Mr. Romero missed his asylum hearing because he was
in prison in El Salvador.\4\ To this day, the government has
never brought forward any evidence, and 60 Minutes, which
reviewed his media posts going back for more than a decade
could not find a shred of evidence linking him to gang
activity.\5\
---------------------------------------------------------------------------
\1\Cecilia Vega, et al., Trump Administration Deports Gay Makeup
Artist to Prison in El Salvador, CBS News (Apr. 6, 2025), https://
www.cbsnews.com/news/venezuelan-migrants-
deportations-el-salvador-prison-60-minutes/.
\2\Id.
\3\Id.
\4\Id.
\5\Id.
---------------------------------------------------------------------------
Disgustingly, the Administration did not learn its lesson
after violating due process and sending so many innocent people
to be tortured in El Salvador. In Chicago, federal agents
conducted a raid on a South Shore apartment building in the
middle of the night, claiming it was a Tren de Aragua
hotspot.\6\ They rappelled into the building via Blackhawk
helicopter and pulled children and parents from their beds,
zip-tying them and detaining them for hours.\7\ They treated
U.S. citizens and immigrants with equal brutality, not caring
in the slightest about the trauma they were inflicting on the
residents of the building.
---------------------------------------------------------------------------
\6\Nicholas Bogel-Burroughs, et al. A Squalid Building, a Tip to
the Feds, and Then `Straight-Up Chaos', N.Y. Times (Oct. 19, 2025),
https://www.nytimes.com/2025/10/19/us/chicago-south-shores-border-
patrol-raid.html.
\7\Id.
---------------------------------------------------------------------------
The Administration arrested dozens of people, but the
government has not brought criminal charges against anyone
arrested in the raid, nor has it produced evidence of alleged
gang membership.\8\ They have done nothing to prove their claim
that the building was ``filled with TdA terrorists.''\9\
---------------------------------------------------------------------------
\8\Melissa Sanchez, et. al., ``I Lost Everything'': Venezuelans
Were Rounded Up in a Dramatic Midnight Raid but Never Charged with a
Crime, Propublica (Nov. 13, 2025), https://www.propublica.org/article/
chicago-venezuela-immigration-ice-fbi-raids-no-criminal-charges.
\9\Id.
---------------------------------------------------------------------------
This Administration has demonstrated it cannot be trusted
to identify gang members and terrorists. But this bill would
give them even more power to do that and strip people of their
due process rights. And unfortunately, the few guardrails this
bill tries to insert are woefully inadequate. The definition of
a ``criminal gang'' in this bill is extremely broad and allows
the Administration to label all sorts of people as gang members
without requiring much, or even any, evidence at all.
For example, the bill states a criminal gang is an ongoing
group, club, organization, or association of five or more
persons that has as one of its primary purposes the commission
of: a felony drug offense, including felony simple possession
of marijuana. This could mean a group high school kids who
regularly gather to smoke marijuana, even in a state where it
is lawful, could be deemed a ``criminal gang'' under this bill.
It also includes ``harboring'' undocumented individuals. This
covers the provision of sanctuary to undocumented immigrants
and thus could be read to cover clergy members who give refuge
to undocumented migrants and even family members of
undocumented migrants. The Catholic Church recently came out
forcefully against this government's treatment of migrants.
Would the Administration use the powers granted to them by this
bill to declare Pope Leo as the leader of a criminal gang?
I would think that President Trump and his allies would
also be concerned about this provision. After all, a future
administration could easily use this bill to deem far-right
White South Afrikaner groups like the Boeremag, whose leader
tried to assassinate Nelson Mandela, to be terrorist groups and
use that as an excuse to swiftly remove the White South
Afrikaners this Administration has deemed refugees and
resettled in the United States.
This is a dangerous bill that has the potential to act as a
blunt instrument to conduct mass deportations and strip
individuals of their rights to due process under the
Constitution and even this Supreme Court's most recent rulings.
I oppose this legislation, and I urge all of my colleagues
to do the same.
Jamie Raskin,
Ranking Member.
[all]