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HR 4697119th CongressIn Committee

Justice for American Victims of Illegal Aliens Act

Introduced: Jul 23, 2025
Sponsor: Rep. Luttrell, Morgan [R-TX-8] (R-Texas)
Immigration
Standard Summary
Comprehensive overview in 1-2 paragraphs

This bill, titled the Justice for American Victims of Illegal Aliens Act, would amend federal law to add a new aggravating factor to be considered when determining whether a sentence of death is warranted in federal cases. Specifically, it creates a new factor for defendants who are illegal aliens (i.e., individuals who entered or remained in the United States in violation of federal law) and who have killed, attempted to kill, or conspired to kill a United States citizen. In practical terms, if the defendant meets these criteria, prosecutors could rely on this factor when seeking the death penalty in federal murders. The bill is a proposal that would modify the list of aggravating factors used in death penalty determinations (found in 18 U.S.C. 3592(c)); it has been introduced in the House and referred to the Judiciary Committee. It is not a stand-alone crime or a new offense; it changes how certain cases are evaluated for possible capital punishment.

Key Points

  • 1Adds a new aggravating factor (17) to 18 U.S.C. 3592(c) for federal death penalty determinations.
  • 2The factor applies to defendants who are illegal aliens—those who violated federal law by coming to, entering, or remaining in the United States.
  • 3The factor requires that the illegal alien defendant has killed, attempted to kill, or conspired to kill a United States citizen.
  • 4Applies only to federal criminal cases governed by the federal death penalty framework; does not address state death penalty laws.
  • 5The bill is in the introductory stage (introduced in the House by Mr. Luttrell and referred to the Judiciary Committee).

Impact Areas

Primary group/area affected- Federal criminal defendants who are illegal aliens and who have killed or attempted to kill a U.S. citizen (potentially more frequent use of the death penalty in these cases).Secondary group/area affected- Federal prosecutors (potentially broader grounds to seek the death penalty) and federal judges (responsible for weighing aggravating factors in sentencing).- Victims and families of U.S. citizens involved in violent crimes by illegal aliens (policy intent to address their interests).Additional impacts- Immigration and immigration enforcement policy discussions, since the factor hinges on a defendant’s illegal entry/remain status.- Potential constitutional and practical considerations (e.g., how this factor interacts with existing Eighth Amendment standards, risk of disparate impact, or how states handle similar considerations if any state cases are affected in parallel).- Administrative and legal costs related to applying an additional aggravating factor in capital cases, including potential effects on plea bargaining and trial strategies.
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