Justice for Jocelyn Act
- Bill Number
- H.R. 355
- Origin Chamber
- House
- Congress
- 119th Congress, Session 1
- Policy Area
- Immigration
- Status
- Introduced
- Latest Action
- 2025-01-13: Referred to the House Committee on the Judiciary.
- Last Updated
- 2025-05-21T08:06:13Z
AI-Generated Summary
Purpose of the Legislation
The "Justice for Jocelyn Act" (H.R. 355) aims to strengthen immigration enforcement by limiting releases from detention, mandating electronic monitoring for non-detained immigrants, and imposing automatic removal for those who violate release conditions. It seeks to ensure greater accountability and tracking of immigrants pending immigration proceedings or removal.
Key Provisions
- Limitations on Alternatives to Detention (ATD) Program: Immigrants cannot be released into the ATD program (a supervised release alternative to physical detention) unless all available detention spaces are filled, no other holding options exist, and immigration authorities have exhausted all reasonable efforts to detain them.
- Mandatory GPS Monitoring and Curfew: All immigrants on U.S. Immigration and Customs Enforcement's (ICE) nondetained docket (those not in physical custody but awaiting immigration court hearings) must be enrolled in the ATD program. This includes:
- Continuous GPS tracking from the start of immigration proceedings (including appeals) until resolution, and until removal if ordered.
- A required curfew, confining individuals to their approved home address from 10 p.m. to 5 a.m.
- Automatic Removal for Non-Compliance: If an ICE officer provides an affidavit to an immigration judge stating that an immigrant failed to follow release conditions (under section 236(a) of the Immigration and Nationality Act, which covers bond or conditional parole), the immigrant will be ordered removed in absentia (without being present at the hearing).
- Severability Clause: If any part of the law is ruled unconstitutional by a federal court, the rest of the act remains in effect.
Significant Changes to Existing Law
- Amends section 240(b)(5) of the Immigration and Nationality Act (8 U.S.C. 1229a(b)(5)) by adding a new subsection (F), which introduces automatic in absentia removal orders based solely on an officer's affidavit for release violations. Previously, such violations could lead to revocation of release or other penalties, but not an automatic removal order without further process.
- Imposes mandatory enrollment in ATD with GPS and curfew for all nondetained immigrants, expanding beyond current discretionary use of the program.
- Restricts ATD releases to only the most extreme circumstances of detention overcrowding, shifting from a more flexible approach to one prioritizing physical detention.
Potential Impacts
- On Government Agencies: ICE and the Department of Homeland Security (DHS) would face increased administrative burdens, including costs for widespread GPS devices, monitoring technology, and enforcement of curfews. This could strain resources but reduce absconding (immigrants failing to appear for hearings), potentially easing court backlogs.
- On Citizens: May enhance public safety by reducing risks from unmonitored immigrants, particularly in communities near release locations, though it could raise privacy concerns for local law enforcement involved in compliance checks.
- On Immigrants: Non-detained individuals (often asylum seekers or those awaiting hearings) would experience heightened surveillance and restrictions on movement, potentially limiting access to work, medical care, or family during proceedings.
- On International Relations: Could lead to more rapid deportations, affecting diplomatic ties with countries receiving returnees, but is unlikely to have broad foreign policy effects.
Main Stakeholders Affected
- Immigrants in Removal Proceedings: Primary group impacted, facing stricter monitoring and higher risk of automatic deportation.
- U.S. Immigration Agencies (ICE and DHS): Responsible for implementing GPS enrollment, curfews, and affidavits, requiring expanded operations.
- Immigration Courts and Judges: Must process automatic in absentia removal orders based on affidavits, potentially increasing caseloads.
- U.S. Taxpayers and Communities: Bear costs of the program and may see indirect benefits or concerns related to enforcement in local areas.
- Advocacy Groups: Immigrant rights organizations may oppose the measures, while public safety and border security advocates may support them.
Notable Legal, Constitutional, or Political Implications
- Legal Implications: The affidavit-based in absentia removal could streamline enforcement but raises questions about evidentiary standards, as it relies on a single officer's statement without automatic opportunities for the immigrant to contest it. This might lead to challenges under administrative law requiring fair hearings.
- Constitutional Implications: GPS monitoring and curfews could invoke Fourth Amendment protections against unreasonable searches and seizures (as continuous tracking is a form of surveillance), and Fifth Amendment due process rights (ensuring fair notice and opportunity to be heard before removal). The severability clause protects the act from being wholly invalidated if challenged.
- Political Implications: Reflects a push for tougher immigration controls, potentially influencing partisan debates on border security and detention capacity. Named after "Jocelyn" (likely referencing a specific case), it may symbolize responses to high-profile incidents involving released immigrants, appealing to enforcement-focused constituencies.
This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.
Sponsor
Cosponsors (6)
Rep. Hunt, Wesley [R-TX-38], Rep. Biggs, Andy [R-AZ-5], Rep. Gill, Brandon [R-TX-26], Rep. Mace, Nancy [R-SC-1], Rep. Boebert, Lauren [R-CO-4], Rep. Gooden, Lance [R-TX-5]
Recent Actions
- 2025-01-13: Referred to the House Committee on the Judiciary.
- 2025-01-13: Introduced in House
- 2025-01-13: Introduced in House
Bill Versions
- Justice for Jocelyn Act — issued 2025-01-13 — PDF (3 pages)