Bill Summary
This is a bill that requires U.S. Immigration and Customs Enforcement to detain certain aliens who have been charged with a crime resulting in the death or serious bodily injury of another person. It also includes a provision for notifying victims or their families about the status of the alien's case and any efforts to remove them from the country. The bill is named "Sarah's Law" and also includes a clause stating that it does not limit the rights of crime victims under any other laws.
Possible Impacts
1. If a person is an undocumented immigrant and is charged with a crime resulting in the death or serious bodily injury of another person, they would be subject to mandatory detention by U.S. Immigration and Customs Enforcement, potentially separating them from their family and community.
2. Victims of crimes committed by undocumented immigrants may be entitled to ongoing information and updates on the immigration status and potential removal of the perpetrator, which could impact the emotional and psychological wellbeing of the victims and their families.
3. This legislation may cause controversy and division among the public, with some arguing that it prioritizes the rights and safety of U.S. citizens over the rights of undocumented immigrants. This could lead to further discrimination and stigmatization of immigrant communities.
[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 385 Introduced in House (IH)]
<DOC>
116th CONGRESS
1st Session
H. R. 385
To require U.S. Immigration and Customs Enforcement to take into
custody certain aliens who have been charged in the United States with
a crime that resulted in the death or serious bodily injury of another
person, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
January 9, 2019
Mr. King of Iowa (for himself, Mr. Jones, Mr. Gosar, Mr. Duncan, Mr.
Babin, Mr. Hice of Georgia, Mr. Higgins of Louisiana, Mr. Fortenberry,
Mr. Lamborn, Mr. Johnson of Ohio, Mr. Hudson, Mr. Bacon, Mr. Brooks of
Alabama, Mr. Kelly of Mississippi, and Mr. Gohmert) introduced the
following bill; which was referred to the Committee on the Judiciary
_______________________________________________________________________
A BILL
To require U.S. Immigration and Customs Enforcement to take into
custody certain aliens who have been charged in the United States with
a crime that resulted in the death or serious bodily injury of another
person, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as ``Sarah's Law''.
SEC. 2. MANDATORY DETENTION OF CERTAIN ALIENS CHARGED WITH A CRIME
RESULTING IN DEATH OR SERIOUS BODILY INJURY.
Section 236(c) of the Immigration and Nationality Act (8 U.S.C.
1226(c)) is amended--
(1) in paragraph (1)--
(A) in subparagraphs (A) and (B), by striking the
comma at the end of each subparagraph and inserting a
semicolon;
(B) in subparagraph (C)--
(i) by striking ``sentence'' and inserting
``sentenced''; and
(ii) by striking ``, or'' and inserting a
semicolon;
(C) in subparagraph (D), by striking the comma at
the end and inserting ``; or''; and
(D) by inserting after subparagraph (D) the
following:
``(E)(i)(I) was not inspected and admitted into the
United States;
``(II) held a nonimmigrant visa (or other
documentation authorizing admission into the United
States as a nonimmigrant) that has been revoked under
section 221(i); or
``(III) is described in section 237(a)(1)(C)(i);
and
``(ii) has been charged by a prosecuting authority
in the United States with any crime that resulted in
the death or serious bodily injury (as defined in
section 1365(h)(3) of title 18, United States Code) of
another person,''; and
(2) by adding at the end the following:
``(3) Notification requirement.--Upon encountering or
gaining knowledge of an alien described in paragraph (1), the
Assistant Secretary of Homeland Security for Immigration and
Customs Enforcement shall make reasonable efforts--
``(A) to obtain information from law enforcement
agencies and from other available sources regarding the
identity of any victims of the crimes for which such
alien was charged or convicted; and
``(B) to provide the victim or, if the victim is
deceased, a parent, guardian, spouse, or closest living
relative of such victim, with information, on a timely
and ongoing basis, including--
``(i) the alien's full name, aliases, date
of birth, and country of nationality;
``(ii) the alien's immigration status and
criminal history;
``(iii) the alien's custody status and any
changes related to the alien's custody; and
``(iv) a description of any efforts by the
United States Government to remove the alien
from the United States.''.
SEC. 3. SAVINGS PROVISION.
Nothing in this Act, or the amendments made by this Act, may be
construed to limit the rights of crime victims under any other
provision of law, including section 3771 of title 18, United States
Code.
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