Deportation Acceleration Act

Bill Number

S. 3645

Origin Chamber

Senate

Congress

119th Congress, Session 2

Policy Area

Immigration

Status

Introduced

Latest Action

2026-01-14: Read twice and referred to the Committee on the Judiciary.

Last Updated

2026-02-10T18:12:24Z

AI-Generated Summary

Purpose

The Deportation Acceleration Act aims to streamline the deportation (removal) process for non-U.S. citizens by improving information sharing among government agencies and broadening the types of criminal convictions that make someone eligible for deportation. It focuses on making removals faster and more efficient, particularly for those with criminal records.

Key Provisions

• Mandatory Data Sharing (Section 2): Within 180 days of enactment, the Attorney General (head of the Department of Justice) and Secretary of Homeland Security must create a system for state and local courts and police to report criminal convictions of non-citizens to the Department of Homeland Security (DHS) within 24 hours. This uses existing federal databases, like those from the Secure Communities program (a past initiative that shared fingerprint data for immigration checks). Upon receiving such a report, DHS must start removal proceedings by issuing a Notice to Appear (a formal document starting immigration court) or a detainer (a request to hold someone for immigration authorities).

• Expanded Expedited Removal (Section 3): Amends Section 238 of the Immigration and Nationality Act (INA, the main U.S. immigration law) to allow faster removal without a full hearing for non-citizens convicted of any felony (a serious crime, like theft over a certain amount or assault) or any two misdemeanors (less serious crimes, like petty theft or simple assault). Previously, this fast-track was limited to "aggravated felonies" (a specific severe category, like murder or drug trafficking). The changes apply to those in custody and expand who can be targeted, including non-permanent residents.

• Shortened Appeals and Prioritization (Section 4): Amends Section 240 of the INA to prioritize immigration court cases involving criminal removals. Appeals in these cases must be decided within 120 days where possible. It also cuts the time for certain motions (like to reopen a case) from 180 days to 30 days and the filing deadline for appeals from 90 days to 30 days, but this does not apply to asylum cases (requests for protection from persecution).

• Incentives and Penalties for Cooperation (Section 5): Defines "sanctuary jurisdictions" as states or local areas with laws or policies that block sharing immigration status info with DHS or honoring detainers.
• Incentives: Authorizes $150 million annually starting in fiscal year 2026 for grants to cooperative states and locals, usable for detention facilities, training officers, or enforcement tools. These tie into INA Section 287(g) agreements (programs letting local police help with immigration enforcement).
• Penalties: Starting the first full fiscal year after enactment, the Secretary of Transportation must withhold 15% of Highway Trust Fund money (federal road funding) from sanctuary jurisdictions unless they certify they've ended such policies. There's a 180-day grace period after notification and an appeal option to the Attorney General for hardship claims.

• Applicability (Section 6): The expanded expedited removal rules apply to crimes or convictions before, on, or after the law's enactment date, meaning past offenses could trigger action.

Significant Changes to Existing Law

• Broadens deportability under INA Section 237(a)(2) from specific aggravated felonies or certain crimes of moral turpitude (acts showing bad character, like fraud) to any felony or two misdemeanors, regardless of severity or date.
• Introduces mandatory, real-time (24-hour) reporting of convictions, replacing voluntary or slower sharing.
• Expands expedited removal (a quick process skipping full trials) beyond its prior narrow focus on aggravated felonies and non-permanent residents.
• Reduces appeal timelines in criminal removal cases from months to days/weeks, speeding up the process but limiting challenges.
• Adds financial carrots (grants) and sticks (highway fund cuts) to enforce cooperation, building on but toughening prior laws like those penalizing sanctuary cities under the Illegal Immigration Reform and Immigrant Responsibility Act of 1996.

Potential Impacts

• Government Agencies: DHS and DOJ face new duties for data systems and faster processing, potentially increasing workload but improving efficiency. State/local agencies must share data or risk funding losses, which could strain budgets in non-cooperative areas.
• Citizens and Residents: Indirect effects through reduced federal highway funds in sanctuary areas, possibly leading to worse roads or pressure on local policies. Cooperative areas gain resources for law enforcement.
• Non-Citizens: Faster deportations for those with even minor criminal histories (e.g., two traffic misdemeanors could qualify), reducing time to fight removal and increasing removal rates. Applies retroactively, so old convictions could lead to sudden action.
• International Relations: Could strain ties with countries whose nationals face quicker deportations, especially if it affects long-term residents, but may align with U.S. goals of stricter border enforcement.

Main Stakeholders Affected

• Non-Citizens with Criminal Records: Primary targets, including lawful permanent residents (green card holders) and undocumented immigrants, who face easier and faster deportation for broader offenses.
• Federal Agencies: DHS (immigration enforcement), DOJ (courts and Attorney General), and Department of Transportation (fund withholding).
• State and Local Governments: Especially "sanctuary" areas (e.g., cities like San Francisco or states like California) that limit immigration cooperation; they risk penalties but can gain grants if they comply.
• Law Enforcement and Courts: State/local police and judges must report convictions quickly, integrating with federal systems.
• Immigrant Advocacy Groups: Likely to oppose due to impacts on due process and family separations.

Notable Legal, Constitutional, or Political Implications

• Legal: Retroactive application (Section 6) could face challenges under the Ex Post Facto Clause (barring retroactive punishment), though immigration is often treated as civil, not criminal. Expanded expedited removal might limit judicial review, raising questions about fair hearings under the Administrative Procedure Act.
• Constitutional: Penalties on states for local policies could invoke the 10th Amendment (states' rights) or anti-commandeering doctrine (federal government can't force states to enforce federal law), similar to past Supreme Court rulings on sanctuary cities. Shorter appeals may test due process rights under the 5th and 14th Amendments.
• Political: Reinforces tough-on-crime immigration stance, appealing to enforcement advocates but polarizing debates on federalism and immigrant rights. As a Senate bill referred to Judiciary Committee, passage depends on congressional control; if enacted, it could prompt lawsuits from affected jurisdictions or rights groups.

This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.

Sponsor

Sen. Cotton, Tom [R-AR]

Recent Actions

• 2026-01-14: Read twice and referred to the Committee on the Judiciary.
• 2026-01-14: Introduced in Senate

Bill Versions

• Deportation Acceleration Act — issued 2026-01-14 — PDF (8 pages)