State Partnerships to Enhance Removal of Criminal Aliens Act
- Bill Number
- H.R. 7664
- Origin Chamber
- House
- Congress
- 119th Congress, Session 2
- Policy Area
- Immigration
- Status
- Introduced
- Latest Action
- 2026-02-24: Referred to the House Committee on the Judiciary.
- Last Updated
- 2026-05-08T08:06:25Z
AI-Generated Summary
Purpose of the Legislation
The "State Partnerships to Enhance Removal of Criminal Aliens Act" (H.R. 7664) aims to streamline the removal (deportation) of non-citizens who have committed crimes by allowing states to assist federal immigration authorities and by expanding the types of crimes that make someone deportable. It seeks to reduce the workload on federal agencies through state partnerships and broaden grounds for inadmissibility and deportation.
Key Provisions
- State Partnerships for DHS Counsel Functions:
- Authorizes the Secretary of Homeland Security (DHS), in coordination with the Attorney General, to enter written agreements with states.
- Under these agreements, qualified state officers or employees (who must be licensed attorneys) can represent DHS in specific removal proceedings, at the state's expense.
- Covered proceedings include:
- Expedited removals (under INA Section 238) for non-citizens in federal, state, or local correctional facilities in the partnering state.
- Standard removal hearings (under INA Section 240) for non-citizens charged with inadmissibility or deportability based on state law violations, or where such violations affect eligibility for immigration relief.
- Agreements must ensure state personnel are trained in federal immigration law, follow federal direction without independent decision-making power, and do not displace federal employees.
- State personnel are supervised by DHS, can use federal facilities, and receive limited federal employee protections (e.g., for injuries or tort claims) but are otherwise not treated as federal workers.
- State personnel acting under the agreement are considered to act under federal authority for liability and immunity purposes.
- Expansion of "Aggravated Felony" Definition:
- Broadens the list of crimes classified as "aggravated felonies" under INA Section 101(a)(43), which trigger automatic deportation and bar most forms of immigration relief.
- Adds or modifies categories including:
- Drug offenses: Includes state/local/tribal crimes involving substances classified as controlled under those laws (even if not federally controlled), plus federal/foreign drug trafficking.
- Firearms offenses: Adds straw purchasing and trafficking (18 U.S.C. §§ 932, 933).
- Violent crimes: Expands to include crimes of violence (with at least 1 year imprisonment), assaults/batteries/robberies, and carjacking; removes "minor" qualifier from some moral turpitude crimes.
- Theft/burglary offenses: Covers any burglary or theft (including fraud, embezzlement, or possession of stolen property) with at least 1 year imprisonment, regardless of structure involvement or permanence of taking.
- Sexual exploitation: Adds offenses under 18 U.S.C. § 2252A (child pornography).
- Document fraud: Expands to all offenses in 18 U.S.C. Chapter 75, removes exceptions for aiding family members.
- Other serious crimes: Includes war crimes, torture, genocide, and recruitment of child soldiers (18 U.S.C. §§ 2441, 2340A, 1091, 2442).
- Catch-all provisions: Any felony or crime punishable by more than 1 year imprisonment; conspiracies, attempts, solicitations, or aiding/abetting of listed offenses.
- Makes conviction of an aggravated felony a direct ground of inadmissibility (INA Section 212(a)(2)(A)(i)).
- Conforming changes: Treats aggravated felonies as "particularly serious crimes" for asylum/withholding purposes; allows regulations to designate other serious crimes; updates references to criminal grounds for removal.
- Applies retroactively to offenses committed before, on, or after enactment, and to ongoing or new removal proceedings.
- Severability: If any part is ruled unconstitutional, the rest remains in effect.
Significant Changes to Existing Law
- State Involvement in Federal Functions: Previously, DHS representation in removal proceedings was handled solely by federal attorneys (from the Office of the Principal Legal Advisor). This introduces state attorneys performing these roles under federal supervision, bypassing some federal hiring/funding limits (e.g., via 31 U.S.C. § 1342 on using volunteers for federal work).
- Aggravated Felony Expansion: The definition was already broad but is now dramatically widened to capture more state-level crimes (e.g., any felony or >1-year punishable offense), removing narrow exceptions and adding international crimes. This shifts many misdemeanors or state felonies into deportable categories and eliminates carve-outs (e.g., for first-time document fraud aiding family).
- Retroactivity and Conforming Adjustments: Applies changes to past convictions/proceedings, unlike some prior expansions limited to future cases; updates asylum, expedited removal, and detention rules to align with the broader definition.
Potential Impacts
- Government Agencies: Reduces DHS and Executive Office for Immigration Review (EOIR) workload by leveraging state resources for representation in targeted cases, potentially speeding up removals of criminal non-citizens. States may incur costs for training and personnel but gain no federal reimbursement.
- Citizens and Residents: Could enhance public safety by facilitating faster deportation of non-citizens with criminal records, particularly those involving violence, drugs, or theft. However, it may strain state-federal relations if states opt out or face litigation over involvement.
- Non-Citizens: Increases deportation risks for a wider range of past or minor state convictions, limiting access to relief like asylum; retroactivity could reopen old cases.
- International Relations: Minimal direct impact, but expanded grounds (e.g., for war crimes or torture) may affect handling of refugees or extraditions from conflict zones.
Main Stakeholders Affected
- Federal Agencies: DHS (supervises state efforts, benefits from reduced caseload); Department of Justice/EOIR (handles removal proceedings); Attorney General (coordinates agreements).
- State Governments: State attorneys, correctional facilities, and officials in partnering states; voluntary participation but requires resources for qualified personnel.
- Non-Citizen Individuals: Immigrants or visa holders with criminal histories, especially those convicted under state laws for drugs, violence, theft, or fraud; vulnerable to expedited or standard removal.
- Immigration Advocates and Courts: Non-profits, legal aid groups facing more complex defenses; immigration judges dealing with increased caseloads or disputes over state involvement.
Notable Legal, Constitutional, or Political Implications
- Legal: Retroactive application may face challenges under the Ex Post Facto Clause (though civil immigration law is generally exempt) or due process, as it could deport individuals for conduct legal at the time. Broader aggravated felony definition risks over-criminalization of minor offenses, potentially conflicting with Supreme Court precedents like Padilla v. Kentucky (2010) on plea advice.
- Constitutional: Involves federalism questions—states performing federal enforcement roles could blur lines under the Supremacy Clause, raising Tenth Amendment concerns if seen as coerced federalism. Limited immunity for state actors protects against suits but may invite civil rights claims (e.g., under 42 U.S.C. § 1983).
- Political: Promotes "tough on crime" immigration enforcement, appealing to states with high criminal non-citizen populations; could polarize debates on state-federal cooperation (e.g., sanctuary state opposition) and immigrant rights, influencing future appropriations or litigation. Severability clause aims to preserve core expansions if challenged.
This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.
Sponsor
Cosponsors (1)
Recent Actions
- 2026-02-24: Referred to the House Committee on the Judiciary.
- 2026-02-24: Introduced in House
- 2026-02-24: Introduced in House
Bill Versions
- State Partnerships to Enhance Removal of Criminal Aliens Act — issued 2026-02-24 — PDF (14 pages)