Detain and Deport Illegal Aliens Who Assault Cops Act
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.