Sarah's Law would amend the Immigration and Nationality Act to require U.S. Immigration and Customs Enforcement (ICE) to detain certain noncitizens who have been charged in the United States with crimes that resulted in death or serious bodily injury. Specifically, it expands the group of aliens who must be detained in custody during removal proceedings by adding conditions related to whether the person was admitted to the U.S., had a visa revoked, or falls under a particular inadmissibility provision. In addition, the bill adds a new obligation for ICE to actively gather information about victims and to inform the victims or their families with timely updates on the alien’s identity, immigration status, custody, and any removal efforts. The bill includes a savings clause protecting crime victims’ rights under existing law. The sponsor list indicates it was introduced in the Senate as S. 84 in the 119th Congress. In short, the bill aims to keep certain dangerous offenders in custody and to improve victim notification, with potential implications for detention capacity, enforcement practices, and victim participation in the process.
Key Points
- 1Expanded mandatory detention: The bill broadens the category of aliens subject to mandatory detention under INA 236(c) to include those who were not inspected and admitted, had a nonimmigrant visa revoked, or are described in INA 237(a)(1)(C)(i), and who have been charged in the United States with a crime that resulted in the death or serious bodily injury of another person.
- 2Crime trigger and definitions: Detention applies to aliens charged with crimes that resulted in death or serious bodily injury, with “serious bodily injury” defined as in 18 U.S.C. 1365(h)(3).
- 3New victim notification duty: ICE would be required to make reasonable efforts to obtain information about the victims and to provide timely, ongoing information to the victims or their families about the alien’s identity, immigration status, custody status, and any removal efforts.
- 4Victims’ rights preserved: The bill includes a savings provision stating that nothing in this Act may limit the rights of crime victims under other laws (including 18 U.S.C. 3771, which covers victims’ rights).
- 5Administrative and implementation details: The text does not include funding or detailed implementation provisions; it focuses on the detention standard and the notification requirement.