Expedited Removal of Criminal Aliens Act

#1827 | S Congress #119

Policy Area: Immigration
Subjects:

Last Action: Read twice and referred to the Committee on the Judiciary. (5/21/2025)

Bill Text Source: Congress.gov

Summary and Impacts
Original Text

Bill Summary

The "Expedited Removal of Criminal Aliens Act" is a legislative proposal aimed at streamlining the process for removing certain non-citizens from the United States. Under this Act, individuals who are identified as criminal gang members, members or supporters of foreign terrorist organizations, or those convicted of specific serious crimes would face mandatory detention and expedited removal from the country.

Key provisions of the bill include:

1. **Expedited Removal Authority**: The Department of Homeland Security (DHS) is empowered to quickly detain and remove aliens who fall into the specified categories, which include membership in criminal organizations, foreign terrorist organizations, or conviction for serious offenses (such as felonies, crimes against vulnerable groups, domestic violence, sexual offenses, and crimes against children).

2. **Definition of Vulnerable Groups**: The bill defines vulnerable groups as individuals who are particularly sensitive to harm, including children under 16, pregnant women, individuals with severe disabilities, and seniors over 65.

3. **Ineligibility for Protection**: Aliens who fall under the categories specified in the bill would not be eligible for withholding of removal, meaning they cannot seek to remain in the U.S. under certain protections typically available in immigration proceedings.

Overall, this legislation seeks to enhance national security and public safety by ensuring that individuals with serious criminal backgrounds can be swiftly removed from the U.S.

Possible Impacts

The "Expedited Removal of Criminal Aliens Act" could affect people in several significant ways:

1. **Increased Deportation of Certain Individuals**: This legislation allows for the expedited removal of aliens who are identified as criminal gang members, members of foreign terrorist organizations, or those convicted of specific crimes. As a result, individuals within immigrant communities, even those who have lived in the U.S. for years, could face immediate deportation if they fall into these categories, potentially leading to family separations and community destabilization.

2. **Impact on Vulnerable Groups**: The bill specifically includes provisions for vulnerable groups, such as children, pregnant women, the elderly, and individuals with severe disabilities. While the legislation outlines these groups, the enforcement of such laws could lead to situations where vulnerable individuals are caught in the immigration enforcement process, raising ethical concerns about their treatment and the potential for abuse or neglect in detention facilities.

3. **Fear and Distrust in Communities**: The enactment of this legislation could instill fear in immigrant communities, leading to a reluctance to report crimes, cooperate with law enforcement, or seek help from social services. Individuals may avoid public spaces or essential services, fearing that any interaction with authorities could lead to deportation, which could undermine public safety and community trust in law enforcement.

Overall, the implications of this legislation could lead to significant social, emotional, and legal repercussions for affected individuals and communities.

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 1827 Introduced in Senate (IS)]

<DOC>






119th CONGRESS
  1st Session
                                S. 1827

  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 SENATE OF THE UNITED STATES

                              May 21, 2025

Mrs. Moody (for herself and Mr. Schmitt) introduced the following bill; 
  which was read twice and referred to the Committee on the Judiciary

_______________________________________________________________________

                                 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 OF CERTAIN CRIMINAL ALIENS.

    (a) In General.--Chapter 4 of title II of the Immigration and 
Nationality Act (8 U.S.C. 1221 et seq.) is amended by inserting after 
section 238 the following:

``SEC. 238A. EXPEDITED REMOVAL OF ALIENS WHO ARE CRIMINAL GANG MEMBERS, 
              ARE MEMBERS OR SUPPORTERS OF A FOREIGN TERRORIST 
              ORGANIZATION, OR HAVE BEEN CONVICTED OF A SPECIFIED 
              CRIME.

    ``(a) Defined Term.--In this section, the term `member of a 
vulnerable group' means--
            ``(1) a child who is younger than 16 years of age;
            ``(2) a woman who is pregnant;
            ``(3) an individual with a severe physical or mental 
        disability; or
            ``(4) an individual who is older than 65 years of age.
    ``(b) Aliens Subject to Expedited Removal.--An alien is subject to 
mandatory detention and expedited removal under section 238 and is 
subject to removal from the United States if the Department of Homeland 
Security determines that such alien--
            ``(1) is a member of a criminal gang or a criminal 
        organization;
            ``(2) 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
            ``(3) has been 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 
        (as such terms are defined in the jurisdiction in which the 
        acts constituting such crimes occurred).
    ``(c) Ineligibility for Withholding of Removal.--An alien described 
in subsection (b) is not eligible for withholding of removal under any 
provision of this title.''.
    (b) Clerical Amendment.--The table of contents for the Immigration 
and Nationality Act (8 U.S.C. 1101 et seq.) is amended by inserting 
after the item relating to section 238 the following:

``Sec. 238A. Expedited removal of aliens who are criminal gang members, 
                            are members or supporters of a foreign 
                            terrorist organization, or have been 
                            convicted of a specified crime.''.
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