H.R.3064 - Better Enforcement of Grievous Offenses by unNaturalized Emigrants; BE GONE Act (119th Congress)
Summary
H.R.3064, also known as the BE GONE Act, aims to amend the Immigration and Nationality Act by expanding the definition of "aggravated felonies" to include sexual assault and aggravated sexual violence. This would expedite the removal of non-citizen individuals convicted of these crimes. The bill was introduced in the House of Representatives on April 29, 2025, and referred to the Committee on the Judiciary.
The proposed change seeks to prioritize the removal of individuals deemed a threat to public safety. It reflects a legislative effort to strengthen immigration enforcement related to serious offenses.
The bill's short title, "Better Enforcement of Grievous Offenses by unNaturalized Emigrants," underscores its focus on enhancing the removal process for non-citizens convicted of severe crimes.
Expected Effects
The primary effect of this bill, if enacted, would be the expedited removal of non-citizens convicted of sexual assault and aggravated sexual violence. This could lead to a reduction in the number of such individuals within the US.
It may also deter similar crimes by non-citizens due to the increased risk of deportation. The change could also impact immigration court caseloads and resource allocation.
This could also impact international relations with countries where the deported individuals are from.
Potential Benefits
- Increased public safety through the removal of individuals convicted of serious sexual offenses.
- Potential deterrent effect on similar crimes committed by non-citizens.
- Streamlined immigration enforcement processes for aggravated felonies.
- Demonstrates a commitment to protecting victims of sexual assault and violence.
- Could reduce the burden on state and local resources by removing convicted offenders.
Most Benefited Areas:
Potential Disadvantages
- Potential for unjust deportation in cases of wrongful conviction or inadequate legal representation.
- Could disproportionately affect certain immigrant communities, leading to concerns about discrimination.
- May strain diplomatic relations with countries from which the deported individuals originate.
- Could face legal challenges based on due process or equal protection grounds.
- May not address the root causes of crime or provide adequate support for victims of sexual assault.
Constitutional Alignment
The bill's constitutionality could be debated under several aspects. While Congress has broad authority over immigration (Article I, Section 8), the Fifth Amendment guarantees due process to all persons, including non-citizens. The expedited removal process could potentially raise due process concerns if it does not provide adequate opportunity for appeal or review.
Additionally, the Eighth Amendment's prohibition against cruel and unusual punishment might be invoked if the punishment (deportation) is considered disproportionate to the crime, although this is less likely to succeed. The equal protection clause of the Fourteenth Amendment could also be relevant if the law is applied in a discriminatory manner.
Overall, while the bill aligns with the federal government's power over immigration, its implementation must adhere to constitutional protections for individuals, regardless of immigration status.
Impact Assessment: Things You Care About ⓘ
This action has been evaluated across 19 key areas that matter to you. Scores range from 1 (highly disadvantageous) to 5 (highly beneficial).