Section 1 Short title
This Act may be cited as the “Expedited Removal of Criminal Aliens Act”.
Expedited Removal of Criminal Aliens Act
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.
Sec. 2 Expedited removal
Section 238 of the Immigration and Nationality Act (8 U.S.C. 1228) is amended—
in the section heading, by striking “Expedited removal of aliens convicted of committing aggravated felonies” and inserting “Expedited removal of certain criminal aliens”;
in subsection (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).”
in paragraph (2)—
by striking “convicted of an aggravated felony” and inserting “described in paragraph (1)”;
by striking “Attorney General” each place it appears and inserting “Secretary of Homeland Security”; and
by striking “felon” and inserting “alien”;
in paragraph (3)—
by striking “Attorney General” each place it appears and inserting “Secretary of Homeland Security” ;
by striking “convicted of an aggravated felony” and inserting “described in paragraph (1)”; and
by striking “for the underlying aggravated felony”;
in paragraph (4), by striking “Attorney General” each place it appears and inserting “Secretary of Homeland Security”; and
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).”
in subsection (b)—
in paragraph (1)—
by striking “Attorney General” and inserting “Secretary of Homeland Security”;
by inserting “inadmissibility or” before “deportability”;
by striking “under section 237(a)(2)(A)(iii) (relating to conviction of an aggravated felony)”; and
by inserting before “section 240” the following “issue a notice to appear under section 239 to initiate removal proceedings under”;
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.”
in paragraph (3), by striking “Attorney General” and inserting “Secretary of Homeland Security”;
in paragraph (4), by striking “Attorney General” each place it appears and inserting “Secretary of Homeland Security” ; and
in paragraph (5)—
by inserting “or Secretary of Homeland Security” after “Attorney General”;
by inserting “or Secretary’s” after “Attorney General’s”; and
by inserting “, regardless of whether the alien is in proceedings under this section” after “discretion”; and
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—
in paragraph (1)—
in subparagraph (D), by striking “or” at the end;
by redesignating subparagraph (E) as subparagraph (F); and
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”
in paragraph (2)—
in the heading, by striking “Definition” and inserting “Definitions”; and
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—
in clause (iii), by striking “or” at the end;
in clause (iv), by striking the period and inserting “; or”; and
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—
in clause (v), by striking “or” at the end;
in clause (vi), by striking the period at the end and inserting “; or”; and
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.