The Justice for Jocelyn Act would tighten the use of the Alternatives to Detention (ATD) program for immigration proceedings and expand enforcement for those who do not comply with release orders. It would forbid release of aliens under ATD unless detention beds are full, no detention options exist, and the government has exhausted reasonable efforts to detain them. It would then mandate that all aliens on the nondetained docket be enrolled in ATD with continuous GPS monitoring for the duration of their proceedings (and until removal if ordered). It would also require a nightly curfew, mandating that individuals remain at a specified home address from 10 p.m. to 5 a.m. Additionally, it adds a new ground for removal in absentia if an officer swears an alien failed to comply with a release condition. The bill includes a severability clause to keep the rest of the law intact if any provision is struck down.
Key Points
- 1No release under ATD unless detention beds are full, no detention option exists, and all reasonable detention efforts have been exhausted.
- 2Every alien on the nondetained docket would be enrolled in ATD with continuous GPS monitoring for the duration of proceedings and, if applicable, until removal.
- 3A curfew would require ATD participants to stay at a designated home address from 10 p.m. to 5 a.m.
- 4The Immigration and Nationality Act would be amended to order removal in absentia for an alien who fails to comply with a release condition (based on an affidavit from an immigration officer).
- 5The bill includes a severability clause ensuring that if one provision is unconstitutional, the rest of the act remains in effect.