Justice for American Victims of Illegal Aliens Act
This bill would add a new aggravating factor to federal death-penalty law. Specifically, it adds a new factor (17) to the list of circumstances that can make a federal murder case eligible for the death penalty. The factor—labelled “Illegal alien”—applies when the defendant is an alien who entered or remained in the United States in violation of federal law and has been convicted of killing, attempting to kill, or conspiring to kill a United States citizen. In other words, if the defendant is an unauthorized immigrant and has harmed a U.S. citizen, this situation could weigh in favor of imposing the death penalty in federal cases. The bill does not create new crimes or change how crimes are charged; it solely expands the set of circumstances that sentencing judges or juries can consider when deciding whether to sentence a defendant to death. It is limited to federal prosecutions and would operate within the existing framework for determining when the death penalty is warranted.
Key Points
- 1Adds a new death-penalty aggravating factor (17) to 18 U.S.C. § 3592(c), to be considered when deciding if a federal death sentence is warranted.
- 2The factor defines “Illegal alien” as a defendant who is an alien who came to, entered, or remains in the United States in violation of federal law, and who has been convicted of killing, attempting to kill, or conspiring to kill a U.S. citizen.
- 3Applies only to federal cases; it does not mandate a death sentence but expands the circumstances under which the death penalty can be considered.
- 4The addition sits alongside existing aggravating factors that influence whether the death penalty is appropriate.
- 5The bill is titled the “Justice for American Victims of Illegal Aliens Act,” signaling a focus on victims and immigration status within the context of federal capital punishment.