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HR 594119th CongressIn Committee

Detain and Deport Illegal Aliens Who Assault Cops Act

Introduced: Jan 21, 2025
Standard Summary
Comprehensive overview in 1-2 paragraphs

This bill, titled the Detain and Deport Illegal Aliens Who Assault Cops Act, would amend the Immigration and Nationality Act (INA) to create a new ground for detaining and potential removal of certain noncitizens who commit assault against law enforcement officers. It adds a specific provision to the existing detention framework (INA 8 U.S.C. 1226(c)) so that an alien who is inadmissible under certain immigration grounds and who is charged with, arrested for, convicted of, or admits to acts that constitute the essential elements of any offense involving assault of a law enforcement officer would face detention and removal processes. A key feature is that the Department of Homeland Security (DHS)—not the Attorney General—would handle the detainer process, and DHS would issue a detainer and, if the person is not otherwise detained, take custody “effectively and expeditiously.” The bill also defines what counts as assault and who counts as a law enforcement officer for purposes of these provisions.

Key Points

  • 1Establishes a new ground under INA 236(c) to detain and potentially remove aliens who assault a law enforcement officer, tying this to inadmissibility under specific immigration grounds (212(a)(6)(A), (C), or (7)) and to evidence of assault-related conduct.
  • 2Replaces the authority in the detention provision from the Attorney General to the Secretary of Homeland Security, directing DHS to issue a detainer for eligible aliens.
  • 3Defines assault according to the jurisdiction where the act occurred, and defines “law enforcement officer” to include individuals authorized to prevent/detect/detain or prosecute violations of law, as well as firefighters or other first responders.
  • 4Creates a detainer process: DHS must issue a detainer for the described aliens and, if the alien is not already detained by another entity, must take custody in a timely manner.
  • 5Specifies the circumstances that trigger the ground (the assault occurred while performing duties, because of duties, or because of status as a law enforcement officer) and ties it to the offender’s admissibility status.

Impact Areas

Primary group/area affected: Noncitizens who are inadmissible under specified grounds and who are involved in assaulting a law enforcement officer; they would face a detainer and potential detention/removal under INA 236(c).Secondary group/area affected: Law enforcement officers and public safety operations (potential deterrence effect; changes to how alleged offenses against LEOs are pursued within immigration enforcement); collaboration with federal, state, and local authorities on detainers.Additional impacts:- Due process and detention policy considerations, since charging/admits to assault (not just conviction) can trigger detention provisions.- Administrative and operational burden on DHS to issue detainers and coordinate custody, including cross-agency collaboration with state/local facilities.- Possible legal and constitutional considerations regarding detention of noncitizens based on alleged or admitted conduct, and the interplay with other immigration provisions (e.g., admissibility grounds).
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