Text of Senate Amendment 43

Text of Senate Amendment 43

Congressional Record, Volume 171 Issue 7 (Tuesday, January 14, 2025) [Congressional Record Volume 171, Number 7 (Tuesday, January 14, 2025)] [Senate] [Pages S154-S155] From the Congressional Record Online through the Government Publishing Office [ www.gpo.gov ] SA 43. Mr. MARSHALL submitted an amendment intended to be proposed by him to the bill S. 5, to require the Secretary of Homeland Security to take into custody aliens who have been charged in the United States with theft, and for other purposes; which was ordered to lie on the table; as follows: [[Page S155]] At the end of the bill, add the following: SEC. 4. INADMISSIBILITY AND DEPORTABILITY RELATED TO SEX OFFENSES, DOMESTIC VIOLENCE, STALKING, CHILD ABUSE, OR VIOLATIONS OF PROTECTION ORDER. (a) Short Title.--This section may be cited as the ``Violence Against Women by Illegal Aliens Act''. (b) Inadmissibility.--Section 212(a)(2) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(2)) is amended by adding at the end the following: ``(J) Sex offenses.--Any alien who has been convicted of, who admits having committed, or who admits committing acts which constitute the essential elements of a sex offense (as such term is defined in section 111(5) of the Adam Walsh Child Protection and Safety Act of 2006 (34 U.S.C. 20911(5))), or a conspiracy to commit such an offense, is inadmissible. ``(K) Domestic violence, stalking, child abuse, or violation of protection order.--Any alien who has been convicted of, who admits having committed, or who admits committing acts which constitute the essential elements of-- ``(i) a crime of domestic violence (as such term is defined in section 237(a)(2)(E)); ``(ii) a crime of stalking; ``(iii) a crime of child abuse, child neglect, or child abandonment; or ``(iv) a crime of violating the portion of a protection order (as such term is defined in section 237(a)(2)(E)) that involves protection against credible threats of violence, repeated harassment, or bodily injury to the person or persons for whom the protection order was issued, is inadmissible.''. (c) Deportability.--Section 237(a)(2) of the Immigration and Nationality Act (8 U.S.C. 1227(a)(2)) is amended-- (1) in subparagraph (E)-- (A) in the heading, by striking ``crimes against children and'' and inserting ``and crimes against children''; and (B) in clause (i), by inserting before the period at the end the following ``, and includes any crime that constitutes domestic violence, as such term is defined in section 40002(a) of the Violent Crime Control and Law Enforcement Act of 1994 (34 U.S.C. 12291(a), regardless of whether the jurisdiction receives grant funding under that Act''; and (2) by adding at the end the following: ``(G) Sex offenses.--Any alien who has been convicted of a sex offense (as such term is defined in section 111(5) of the Adam Walsh Child Protection and Safety Act of 2006 (34 U.S.C. 20911(5))) or a conspiracy to commit such an offense, is deportable.''. (d) Rule of Construction.--Nothing in this section, or in the amendments made by this section, may be construed to limit the discretion of the Secretary of Homeland Security to not deport an alien determined to be inadmissible or deportable under the provisions of law referred to in section 3, for humanitarian purposes, to preserve family unity, or if otherwise in the public interest. ______