Expedited Removal of Criminal Aliens Act
- Bill Number
- H.R. 5713
- Origin Chamber
- House
- Congress
- 119th Congress, Session 1
- Policy Area
- Immigration
- Status
- Introduced
- Latest Action
- 2026-03-18: Placed on the Union Calendar, Calendar No. 477.
- Last Updated
- 2026-06-11T23:26:44Z
AI-Generated Summary
Purpose of the Legislation
The Expedited Removal of Criminal Aliens Act (H.R. 5713) aims to streamline and expand the process for removing non-citizens (referred to as "aliens" in the law) from the United States who are involved in serious criminal activities, gang affiliations, or terrorism. It seeks to prioritize public safety by allowing faster deportation without full immigration hearings for those meeting specific criteria, while limiting their access to protections like asylum.
Key Provisions
- Expedited Removal Process (Amendments to Section 238 of the Immigration and Nationality Act - INA):
- Expands special removal proceedings to apply at federal, state, and local jails for incarcerated non-citizens convicted of certain crimes, including:
- Aggravated felonies (serious crimes like murder or drug trafficking), controlled substance offenses, firearms violations, human trafficking, violent crimes, fraud, money laundering, or obstruction of justice.
- Membership in criminal gangs (defined as groups of 5+ people primarily engaged in serious crimes like drug offenses or violence within the past 5 years) or transnational criminal organizations.
- Membership in foreign terrorist organizations (as designated by the U.S. government) or providing material support to them.
- Convictions for felonies; misdemeanors against "vulnerable groups" (people under 16, over 65, pregnant women, or those with severe disabilities); assaults on law enforcement; sexual offenses; domestic violence; stalking; child-related crimes (e.g., sex trafficking or abuse of minors); or violations of protection orders.
- Proceedings must follow standard removal rules (under INA Section 240) but are designed to be quick, avoiding extra detention at immigration facilities and enabling removal right after a criminal sentence ends.
- Shifts authority from the Attorney General to the Secretary of Homeland Security (DHS) for these decisions.
- Applies to non-permanent residents, including those with conditional permanent status, even if not incarcerated.
- Mandatory Detention (Amendments to INA Section 236(c)):
- Requires detention without release for non-citizens who are inadmissible or deportable and fit the above criminal or gang/terrorism categories, expanding existing mandatory detention rules.
- Exceptions to Removal Restrictions (Amendments to INA Section 241(b)(3)(B)):
- Allows deportation to countries where the non-citizen might face harm (e.g., persecution) if they meet the criminal or gang criteria, overriding typical protections against such removals.
- Ineligibility for Asylum (Amendments to INA Section 208(b)(2)(A)):
- Bars individuals in these categories from qualifying for asylum, even if they fear persecution in their home country.
- Ineligibility for Other Immigration Relief (New Provision):
- Makes those in the specified categories ineligible for any other forms of immigration relief, such as cancellation of removal or temporary protected status, under U.S. immigration laws.
- Severability Clause:
- Ensures that if any part of the law is ruled invalid, the rest remains in effect.
Significant Changes to Existing Law
- Broadens expedited removal (previously limited mostly to aggravated felonies) to include a wider array of crimes, gang affiliations, and terrorism links, regardless of when the offenses occurred or whether the person is incarcerated.
- Replaces outdated references to the "Attorney General" with the "Secretary of Homeland Security," reflecting modern DHS oversight of immigration enforcement.
- Introduces new definitions for "criminal gang" and "vulnerable group" to clarify application.
- Removes barriers to deportation and relief that previously applied to some serious offenders, making the process faster and less discretionary.
- Expands mandatory detention and asylum bars to cover non-incarcerated individuals and conditional residents.
Potential Impacts
- On Government Agencies: DHS and Immigration and Customs Enforcement (ICE) would handle more streamlined removals, potentially reducing processing times and costs for detention/hearings, but increasing workload for identifying gang/terrorism affiliations. State and local jails would see more integrated federal proceedings.
- On Citizens: Could enhance public safety by quicker removal of non-citizens involved in gangs, terrorism, or violent crimes, potentially reducing crime rates in communities. Indirectly affects citizens through stronger enforcement of immigration laws tied to criminal justice.
- On International Relations: May strain ties with countries receiving deportees, especially if removals occur despite risks of harm, or if it leads to disputes over gang/terrorism designations. Could signal a tougher U.S. stance on transnational crime.
Main Stakeholders Affected
- Non-Citizens (Aliens): Primarily immigrants or non-permanent residents convicted of specified crimes, gang members, or those linked to terrorism, who face faster deportation and loss of legal protections.
- Government Agencies: DHS, ICE, and the Department of Justice, which gain expanded authority but must implement new identification and procedural requirements.
- Law Enforcement: Federal, state, local, and tribal police, who may collaborate more on identifying eligible individuals in correctional facilities.
- Vulnerable Groups and Victims: People affected by crimes like domestic violence or child exploitation may benefit from prioritized removal of offenders, but deportees' families (including U.S. citizen children) could face hardships.
- Immigration Advocates and Legal Groups: Organizations providing aid to immigrants, who may see reduced options for clients in these categories.
Notable Legal, Constitutional, or Political Implications
- Legal: The law emphasizes no new enforceable rights are created, but it could invite lawsuits over due process (e.g., limited hearings) or fair application of gang/terrorism labels, potentially challenging INA interpretations in court.
- Constitutional: Raises questions about equal protection and Fifth Amendment rights for non-citizens, as expanded categories might disproportionately affect certain nationalities or groups without individualized assessments. The override of removal protections could conflict with non-refoulement principles (international norm against returning people to danger).
- Political: Reinforces a focus on immigration enforcement linked to national security and crime, likely appealing to supporters of stricter border policies, but drawing criticism for potentially overlooking humanitarian concerns or family separations. As a House-reported bill, it reflects congressional priorities but would need Senate approval and presidential signature to become law.
This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.
Sponsor
Cosponsors (9)
Rep. Moore, Barry [R-AL-1], Rep. Hunt, Wesley [R-TX-38], Rep. Fine, Randy [R-FL-6], Rep. Davidson, Warren [R-OH-8], Rep. Roy, Chip [R-TX-21], Rep. Nehls, Troy E. [R-TX-22], Rep. Cloud, Michael [R-TX-27], Rep. Luna, Anna Paulina [R-FL-13], Rep. Cline, Ben [R-VA-6]
Recent Actions
- 2026-03-18: Placed on the Union Calendar, Calendar No. 477.
- 2026-03-18: Reported (Amended) by the Committee on Judiciary. H. Rept. 119-555.
- 2026-03-18: Reported (Amended) by the Committee on Judiciary. H. Rept. 119-555.
- 2025-11-20: Ordered to be Reported (Amended) by the Yeas and Nays: 17 - 7.
- 2025-11-20: Committee Consideration and Mark-up Session Held
- 2025-11-18: Committee Consideration and Mark-up Session Held
- 2025-10-08: Referred to the House Committee on the Judiciary.
- 2025-10-08: Introduced in House
- 2025-10-08: Introduced in House
Bill Versions
- Expedited Removal of Criminal Aliens Act — issued 2025-10-08 — PDF (3 pages)
- Expedited Removal of Criminal Aliens Act — issued 2026-03-18 — PDF (16 pages)