HR 134119th CongressIn Committee

Protecting our Communities from Sexual Predators Act

Introduced: Jan 3, 2025

Standard Summary

Comprehensive overview in 1-2 paragraphs

This bill, titled the Protecting our Communities from Sexual Predators Act, amends the Immigration and Nationality Act (INA) to strengthen detention, inadmissibility, and removal (deportation) rules for noncitizens who commit sexual assault. It expands who can be detained in immigration proceedings, broadens grounds to deny entry or admission, and increases removal options for those with sexual assault offenses or admissions of such acts. In short, the measure makes sexual assault a basis for detention and removal across multiple points in the immigration process, and it ties these actions to a specific statutory definition of “sexual assault.” The bill uses existing INA structures (detention under section 236, admissibility under section 212, and deportability under section 237) but adds new provisions that treat sexual assault as a ground for detention, inadmissibility, and removal. It relies on a defined term for “sexual assault” drawn from another section of the INA (214(d)(3)(A)).

Key Points

1Short title: The act is called the “Protecting our Communities from Sexual Predators Act.”
2Detention expansion (INA 236(c)(1)): Creates a new category (E) for detention of aliens who are inadmissible or in proceedings and who are:
3- inadmissible under 212(a)(6)(A), 212(a)(6)(C), or 212(a)(7); and
4- charged with, arrested for, convicted of, or admit having committed acts that constitute the essential elements of any offense involving sexual assault (as defined in INA 214(d)(3)(A)).
5Inadmissibility (INA 212(a)(2)(J)): Adds a new ground of inadmissibility for aliens who have been convicted of, or who admit having committed, acts that constitute the essential elements of any offense involving sexual assault (as defined by the statute). In other words, individuals with sexual assault offenses or admissions could be barred from entry or adjustment of status.
6Deportability (INA 237(a)(2)(G)): Adds a new ground of deportability for aliens who have been convicted of, or who admit having committed, acts that constitute the essential elements of any offense involving sexual assault (as defined by the statute). This enables removal actions based on sexual assault admissions or convictions.
7Definition of “sexual assault”: The bill defines “sexual assault” by referencing the term as defined in INA 214(d)(3)(A). The exact statutory definition is not restated in the bill’s text provided, but it relies on the existing definition within the INA.
8Interplay with existing laws: The bill maintains the general framework that a noncitizen can be detained, deemed inadmissible, or deportable based on criminal conduct, but it explicitly targets sexual assault offenses and admissions as triggers across detention, admission, and removal processes.

Impact Areas

Primary group/area affected- Noncitizens in the United States who commit or are accused of sexual assault (including those who are charged, arrested, convicted, or who admit committing acts that constitute sexual assault).- Individuals seeking to enter the United States or adjust status who have sexual assault convictions or admissions.Secondary group/area affected- U.S. immigration courts and detention facilities, which would handle expanded detention and removal processes for these individuals.- Immigration enforcement agencies tasked with implementing inadmissibility and deportation decisions.Additional impacts- Potentially shorter paths to detention or removal for people with sexual assault offenses, potentially affecting due process timelines and access to legal defense in immigration proceedings.- Implications for victims seeking safety and for communities concerned about sexual violence, as well as concerns about how the standard of proof and admissibility are applied to admissions of sexual acts.- Administrative and fiscal effects on detention systems, court dockets, and enforcement resources associated with expanded detention and removal actions.Inadmissible means not allowed to enter the United States or to adjust status while in the U.S.Deportable (removable) means subject to removal from the United States.“Essential elements” refers to the core facts that make up the offense; under this bill, admissions or convictions tied to those elements trigger the new grounds.“Sexual assault” is defined by reference to the definition in INA 214(d)(3)(A); the bill does not reproduce the full definition within its text provided here.

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