Expedited Removal of Criminal Aliens Act
This bill, titled the Expedited Removal of Criminal Aliens Act, would add a new provision (Sec. 238A) to the Immigration and Nationality Act. It creates a pathway for mandatory detention and expedited removal of certain noncitizens who are (or are alleged to be) involved in criminal activity or foreign terrorist organizations. Specifically, it targets aliens who are members of criminal gangs or organizations, members or supporters of foreign terrorist organizations, or who have been convicted of a specified list of crimes (including felonies, crimes against vulnerable groups, assaults on officers, sexual offenses, domestic violence, stalking, crimes against children, or violations of protection orders). The bill also makes these individuals ineligible for any form of asylum or other withholding of removal. A new definition of “member of a vulnerable group” is included for purposes of the specified crimes. In short, the bill would broaden expedited removal to a wide set of criminal-alien scenarios, require detention and rapid removal for those meeting the criteria, and strip eligibility for certain immigration relief.
Key Points
- 1New statute: Establishes Sec. 238A, Expedited Removal of Aliens Who Are Criminal Gang Members, Members or Supporters of a Foreign Terrorist Organization, or Have Been Convicted of a Specified Crime.
- 2Who qualifies (b): An alien qualifies if DHS determines they are (1) a member of a criminal gang or organization; (2) a member or provided material support to a designated foreign terrorist organization; or (3) convicted of specified crimes (including felonies and a range of offenses such as crimes against a vulnerable group, assaults on law enforcement, sexual offenses, domestic violence, stalking, crimes against children, sex trafficking of minors, sexual exploitation of minors, or violations of protection orders).
- 3Vulnerable group definition (a): Defines “member of a vulnerable group” to include a child under 16, a pregnant woman, a person with a severe physical or mental disability, or someone older than 65.
- 4Removal process (b): Aliens meeting these criteria would be subject to mandatory detention and expedited removal under existing Sec. 238 (without a discretionary review typical of other removal proceedings).
- 5No relief from removal (c): Aliens described in (b) are not eligible for withholding of removal under any provision of the Immigration and Nationality Act.
- 6Administrative change (clerical): Adds Sec. 238A to the INA’s table of contents to reflect this new provision.