H.R. 5713 — what changed

added Section 238 of the Immigration and Nationality Act (8 U.S.C. 1228) is amended—

removed “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

removed “(a) Defined term—In this section, the term member of a vulnerable group means—

removed “(1) a child who is younger than 16 years of age;

removed “(2) a woman who is pregnant;

removed “(3) an individual with a severe physical or mental disability; or

removed “(4) an individual who is older than 65 years of age.

removed “(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—

removed “(1) is a member of a criminal gang or a criminal organization;

removed “(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

removed “(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).

removed “(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.”

added “(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—

added “(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

added “(B) who the Secretary of Homeland Security determines—

added “(i) is inadmissible or deportable; and

added “(ii)

added “(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)));

added “(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

added “(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).”

added “(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.

added “(6) Definitions—In this subsection:

added “(A) The term “member of a vulnerable group” means—

added “(i) an individual who is younger than 16 years of age;

added “(ii) a pregnant woman;

added “(iii) an individual with a severe physical or mental disability; or

added “(iv) an individual who is older than 65 years of age.

added “(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:

added “(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).

added “(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).

added “(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).

added “(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).

added “(v) A crime of violence (as defined in section 16(a) of title 18, United States Code).

added “(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).

added “(vii) Any conduct punishable under—

added “(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);

added “(II) sections 1581 through 1594 of such title (relating to peonage, slavery, and trafficking in persons);

added “(III) section 1951 of such title (relating to interference with commerce by threats or violence);

added “(IV) section 1952 of such title (relating to interstate and foreign travel or transportation in aid of racketeering enterprises);

added “(V) section 1956 of such title (relating to the laundering of monetary instruments);

added “(VI) section 1957 of such title (relating to engaging in monetary transactions in property derived from specified unlawful activity); or

added “(VII) sections 2312 through 2315 of such title (relating to interstate transportation of stolen motor vehicles or stolen property).

added “(viii) A conspiracy to commit an offense described in subclauses (I) through (VII) of clause (vii).”

added “(2) Alien described—An alien is described in this paragraph if the alien—

added “(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

added “(B)

added “(i) was not lawfully admitted for permanent residence at the time at which proceedings under this section commenced; or

added “(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.”