H.R.355 - Justice for Jocelyn Act (119th Congress)
Summary
H.R. 355, the "Justice for Jocelyn Act," aims to modify immigration enforcement policies. It seeks to limit the use of Alternatives to Detention (ATD) programs, mandate GPS tracking and curfews for aliens on the nondetained docket, and expedite the removal process for those who fail to comply with release orders.
The bill prioritizes detention by restricting ATD usage to situations where all detention beds are full and all detention options are exhausted. It also mandates continuous GPS monitoring and curfews for aliens on the nondetained docket.
Finally, the bill amends the Immigration and Nationality Act to require the removal in absentia of aliens who fail to comply with a condition of release, based on an affidavit from an immigration officer.
Expected Effects
The bill would likely lead to increased detention of aliens awaiting immigration proceedings. It would also increase surveillance through mandatory GPS tracking and curfews.
Furthermore, the bill may result in quicker deportations for those who violate release terms. The overall effect is a stricter approach to immigration enforcement.
Potential Benefits
- Increased Public Safety: Proponents argue that stricter monitoring and expedited removal of non-compliant aliens would enhance public safety.
- Reduced Absconding: Continuous GPS monitoring and curfew requirements could deter aliens from absconding during immigration proceedings.
- Enforcement of Immigration Laws: The bill aims to strengthen the enforcement of existing immigration laws and regulations.
- Prioritization of Detention: By limiting ATD, the bill prioritizes detention, which some believe is a more effective means of ensuring compliance with immigration laws.
Most Benefited Areas:
Potential Disadvantages
- Increased Detention Costs: Expanding detention capacity would likely increase government spending on immigration enforcement.
- Strain on Resources: Mandatory GPS tracking and monitoring could strain the resources of Immigration and Customs Enforcement (ICE).
- Due Process Concerns: Expedited removal processes for non-compliance may raise concerns about due process and fair hearings.
- Privacy Concerns: Continuous GPS monitoring raises privacy concerns for individuals enrolled in the ATD program.
- Potential for Over-Detention: Limiting ATD options could lead to the detention of individuals who pose minimal risk.
Constitutional Alignment
Several aspects of this bill raise constitutional concerns. The Fourth Amendment protects against unreasonable searches and seizures, and continuous GPS monitoring could be argued as a violation of this right. The Fifth Amendment guarantees due process, and expedited removal processes without adequate hearings could potentially infringe upon this right. Additionally, the Eighth Amendment prohibits cruel and unusual punishment, and the conditions of detention could be challenged under this amendment.
While the federal government has broad authority over immigration matters, these powers are still subject to constitutional limitations. The bill's provisions regarding GPS monitoring and expedited removal warrant careful scrutiny to ensure they align with constitutional protections.
Article I, Section 8, Clause 4 grants Congress the power to establish a uniform Rule of Naturalization, but this power must be exercised in a manner consistent with the Constitution's other provisions.
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).