Bill Summary
The "Expedited Removal of Criminal Aliens Act" amends the Immigration and Nationality Act to streamline and enhance the removal process for certain criminal aliens. It authorizes expedited removal proceedings for individuals who are criminal gang members, affiliated with foreign terrorist organizations, or have been convicted of serious crimes, including aggravated felonies and offenses against vulnerable groups. Key provisions include:
1. **Special Removal Proceedings**: The Secretary of Homeland Security is empowered to conduct removal proceedings directly at correctional facilities, allowing for the prompt removal of aliens upon completing their sentences.
2. **Expanded Removal Criteria**: The legislation establishes stricter eligibility requirements for immigration benefits, making aliens convicted of specific offenses ineligible for asylum and other forms of immigration relief.
3. **Definitions and Detention**: It clarifies important terms related to criminal gangs and vulnerable groups, and specifies detention requirements for aliens deemed inadmissible or deportable due to serious criminal convictions.
4. **Severability**: The Act includes a provision ensuring that if any part is found invalid, the remaining sections will still be enforceable.
Overall, the Act aims to enhance immigration enforcement by expediting the removal of criminal aliens and tightening the criteria for immigration benefits based on criminal history.
Possible Impacts
1. **Prompt Removal of Criminal Aliens**: Individuals who are incarcerated for serious offenses, such as aggravated felonies or crimes against vulnerable groups, will experience expedited removal proceedings. This means that once they complete their prison sentences, they can be swiftly deported without the need for additional detention, affecting their ability to remain in the U.S. even after serving their time.
2. **Ineligibility for Asylum and Immigration Relief**: Aliens convicted of serious criminal offenses will no longer be eligible for asylum or other forms of immigration relief. This change will impact those who may have previously sought refuge in the U.S. from persecution, as they will be denied the opportunity to apply for asylum based on their criminal history, regardless of their circumstances.
3. **Stricter Enforcement of Immigration Controls**: The new legislation establishes stricter criteria for immigration benefits based on criminal convictions, leading to the removal of individuals who fall into specific criminal categories. This affects not only those who are currently incarcerated but also those who are in deportation proceedings or have prior convictions, limiting their chances of remaining in the U.S. and reinforcing the overall enforcement measures related to immigration violations.
[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5713 Reported in House (RH)]
<DOC>
Union Calendar No. 477
119th CONGRESS
2d Session
H. R. 5713
[Report No. 119-555]
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.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
October 8, 2025
Mr. Gill of Texas (for himself, Mr. Moore of Alabama, Mr. Hunt, Mr.
Fine, Mr. Davidson, and Mr. Roy) introduced the following bill; which
was referred to the Committee on the Judiciary
March 18, 2026
Additional sponsors: Mr. Nehls, Mr. Cloud, Mrs. Luna, and Mr. Cline
March 18, 2026
Reported with an amendment, committed to the Committee of the Whole
House on the State of the Union, and ordered to be printed
[Strike out all after the enacting clause and insert the part printed
in italic]
[For text of introduced bill, see copy of bill as introduced on October
8, 2025]
_______________________________________________________________________
A BILL
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.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``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.
Union Calendar No. 477
119th CONGRESS
2d Session
H. R. 5713
[Report No. 119-555]
_______________________________________________________________________
A BILL
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.
_______________________________________________________________________
March 18, 2026
Reported with an amendment, committed to the Committee of the Whole
House on the State of the Union, and ordered to be printed