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S 72119th CongressIn Committee

Justice for Jocelyn Act

Introduced: Jan 13, 2025
Standard Summary
Comprehensive overview in 1-2 paragraphs

The Justice for Jocelyn Act would markedly reshape how the U.S. handles release decisions for non-detained immigration cases. It would bar release into any Alternatives to Detention (ATD) program unless detention beds are fully utilized, no detention option exists, and DHS has exhausted all reasonable detention efforts. It would then require every alien on the ICE nondetained docket to be enrolled in ATD with continuous GPS monitoring for the duration of immigration proceedings (and until removal if removal is ordered), plus a curfew requiring them to stay at a designated ATD-compliant home address from 10:00 p.m. to 5:00 a.m. Finally, the bill creates a new ground for removal in absentia if an officer can certify that an individual failed to comply with a release condition, allowing removal without the person’s appearance in court. A severability clause is included so if some provisions are struck down, the rest remain in force. In short, the bill would dramatically expand monitoring and curfews for many non-detained immigration cases, tighten the circumstances under which someone can be released, and add a mechanism to remove individuals who fail to comply with release conditions without their presence at a removal hearing.

Key Points

  • 1Tightened release criteria for ATD: a person can be released into ATD only after all detention beds are filled, no detention option exists, and DHS has exhausted all reasonable efforts to detain them.
  • 2Universal, GPS-based monitoring for nondetained docket: every non-detained immigrant in the ICE docket would be enrolled in ATD with continuous GPS tracking for the duration of the immigration process (including any appeals) and until removal if removal is ordered.
  • 3Curfew requirement: individuals in ATD must remain at their approved home address between 10:00 p.m. and 5:00 a.m.
  • 4New ground for removal in absentia: if an officer submits an affidavit stating an alien failed to comply with a release condition, the immigration judge must order removal in absentia (without the alien’s presence).
  • 5Severability: if any provision is found unconstitutional, the rest of the bill remains in effect.

Impact Areas

Primary group/area affected- Non-detained immigrants in removal proceedings, including those currently in the nondetained docket and potential asylum seekers, who would face GPS monitoring, stricter release criteria, and curfew.Secondary group/area affected- U.S. Immigration and Customs Enforcement (ICE) and the Department of Homeland Security (DHS), which would administer widespread GPS monitoring, enforce curfews, manage ATD enrollments, and implement in absentia removals.Additional impacts- Civil liberties and due process: GPS monitoring and mandatory curfews raise privacy, freedom of movement, and potential due process concerns, especially around state surveillance of individuals in immigration proceedings.- Detention capacity and costs: the requirement to fill detention beds before ATD release could affect detention demand and related operating costs; GPS monitoring and compliance infrastructure would add ongoing costs.- Court proceedings and enforcement: the in absentia removal provision could accelerate removals but also raise concerns about meaningful hearings and timely notice to respondents.- Deterrence and access to asylum: the harsher release regime and strict monitoring might deter individuals from pursuing relief or affect their ability to participate effectively in proceedings.
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