Expedited Removal of Criminal Aliens Act
- Bill Number
- S. 1827
- Origin Chamber
- Senate
- Congress
- 119th Congress, Session 1
- Policy Area
- Immigration
- Status
- Introduced
- Latest Action
- 2025-05-21: Read twice and referred to the Committee on the Judiciary.
- Last Updated
- 2025-12-22T20:50:47Z
AI-Generated Summary
Purpose
The legislation, titled the "Expedited Removal of Criminal Aliens Act," aims to streamline the deportation process for non-citizens (referred to as "aliens" in immigration law) who pose significant public safety risks due to gang affiliation, terrorism ties, or certain criminal convictions. It seeks to enable faster removal without standard immigration hearings to enhance national security and public safety.
Key Provisions
- Definition of Vulnerable Group: Establishes a "member of a vulnerable group" as a child under 16 years old, a pregnant woman, a person with a severe physical or mental disability, or an individual over 65 years old. This definition applies to certain qualifying crimes.
- Criteria for Expedited Removal:
- Membership in a criminal gang or criminal organization.
- Membership in or material support to a foreign terrorist organization (as designated under section 219(a) of the Immigration and Nationality Act).
- Conviction of specified crimes, including:
- Any felony.
- Any misdemeanor committed against a vulnerable group member.
- Assault on a law enforcement officer.
- Any sexual offense.
- Domestic violence.
- Stalking.
- Crimes against children, such as sex trafficking of a minor or sexual abuse of a minor.
- Activities related to the sexual exploitation of minors.
- Violation of a protection order (a court order prohibiting contact or harm, as defined in the relevant jurisdiction).
- Process and Restrictions:
- Affected individuals face mandatory detention and expedited removal under existing section 238 of the Immigration and Nationality Act (which allows for quick deportation without a full hearing).
- These individuals are ineligible for "withholding of removal," a legal protection that prevents deportation to a country where they might face persecution or harm.
- Technical Update: Adds the new section (238A) to the Immigration and Nationality Act and updates the law's table of contents accordingly.
Significant Changes to Existing Law
- Introduces a new section (238A) to the Immigration and Nationality Act, expanding expedited removal to explicitly cover gang members, terrorism supporters, and those with the listed convictions—categories not previously singled out for mandatory fast-track deportation.
- Removes access to withholding of removal for these groups, limiting their ability to seek protections that might otherwise delay or prevent deportation.
- Builds on existing expedited removal authority (under section 238) but makes it mandatory for the specified aliens, reducing discretionary options for immigration officials.
Potential Impacts
- On Government Agencies: The Department of Homeland Security (DHS) gains authority for quicker processing and detention of targeted individuals, potentially reducing backlog in immigration courts and lowering enforcement costs related to prolonged cases.
- On Citizens: U.S. citizens and residents may benefit from faster removal of individuals involved in serious crimes, potentially improving community safety by reducing risks from gangs, terrorism, or violent offenders.
- On International Relations: Could strain ties with countries receiving deportees, especially if large numbers are sent back without appeals, but it aligns with U.S. efforts to combat transnational crime and terrorism.
- No direct economic or broad societal impacts are specified, though it may indirectly affect immigrant communities by increasing deportation fears.
Main Stakeholders Affected
- Immigrants and Non-Citizens: Primarily those fitting the criteria (e.g., gang members, terrorism supporters, or convicted individuals), who face accelerated deportation with fewer legal safeguards.
- Department of Homeland Security and Immigration Enforcement: Agencies responsible for identifying, detaining, and removing affected individuals, with expanded powers but added administrative duties.
- Law Enforcement and Victims: Police, prosecutors, and vulnerable groups (e.g., children, elderly) who may see quicker justice through deportation of offenders.
- Immigrant Advocacy Groups: Organizations supporting non-citizens, who may oppose the reduced protections and push for due process.
Notable Legal, Constitutional, or Political Implications
- Legal Implications: Accelerates deportation, potentially bypassing standard due process in immigration proceedings (e.g., no hearings for withholding claims), which could lead to challenges under the Immigration and Nationality Act but aligns with existing expedited removal frameworks.
- Constitutional Implications: May raise questions about due process rights under the Fifth Amendment for non-citizens, particularly regarding mandatory detention without individualized review; however, courts have generally upheld expedited removal for certain security threats.
- Political Implications: Reflects priorities on border security and crime reduction, likely appealing to lawmakers focused on public safety but drawing criticism from those concerned about overreach or impacts on long-term residents with convictions. As an introduced bill (S. 1827, 119th Congress), it requires further congressional approval and could influence broader immigration debates.
This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.
Sponsor
Cosponsors (7)
Sen. Schmitt, Eric [R-MO], Sen. Lee, Mike [R-UT], Sen. Hawley, Josh [R-MO], Sen. Cruz, Ted [R-TX], Sen. Blackburn, Marsha [R-TN], Sen. Budd, Ted [R-NC], Sen. Mullin, Markwayne [R-OK]
Recent Actions
- 2025-05-21: Read twice and referred to the Committee on the Judiciary.
- 2025-05-21: Introduced in Senate
Bill Versions
- Expedited Removal of Criminal Aliens Act — issued 2025-05-21 — PDF (3 pages)