The Public Safety First Act is a Senate bill that would change how the Department of Homeland Security handles certain noncitizens in the United States who have been charged with theft-related crimes. Specifically, it would add a new detention trigger for aliens who are inadmissible for certain grounds and who have been charged, arrested, convicted, or admitted involvement in burglary, theft, larceny, shoplifting, or assaulting a law enforcement officer, or crimes resulting in death or serious bodily injury. The bill would require DHS to issue a detainer and, if the person is not already detained by other authorities, to take custody of them promptly. The changes would be folded into the existing detention framework in the Immigration and Nationality Act (INA). In short, the bill seeks to expand the set of cases where DHS must detain noncitizens tied to theft- and violence-related offenses.
Key Points
- 1Expands detention triggers: The bill adds a new paragraph to the existing detention authority (INA 236(c)) so that aliens who are inadmissible under certain INA grounds and who are charged/arrested/convicted or admit involvement in burglary, theft, larceny, shoplifting, or assault on a police officer (or related offenses causing death or serious bodily injury) become subject to detention by DHS.
- 2Inadmissibility grounds tied to detention: The new provision links these offenses to specific inadmissibility grounds under INA 212(a) (sections 6(A), 6(C), or 7), meaning these individuals would be regarded as inadmissible and eligible for detention under the act.
- 3Definitions and jurisdiction: The bill defines the key terms—burglary, theft, larceny, shoplifting, assault of a law enforcement officer, and serious bodily injury—and makes their meanings apply as defined by the jurisdiction where the acts occurred.
- 4Detainer and custody requirement: DHS would issue a detainer for aliens meeting the new criteria. If the person is not otherwise detained by federal, state, or local authorities, DHS would effectively and expeditiously take custody of the individual.
- 5Legislative structure: The proposal reorganizes the relevant portion of 8 U.S.C. 1226(c) to insert the new paragraph and accompanying definitions, while re-designating existing paragraphs to accommodate the new text.