H.R.3615 - Stop Aid for Foreign Expulsion Act; SAFE Act (119th Congress)
Summary
H.R.3615, also known as the Stop Aid for Foreign Expulsion Act or SAFE Act, aims to prohibit the use of federal funds to pay foreign governments or entities for detaining individuals if a U.S. court has determined that such detention violates U.S. laws. The bill defines a "foreign entity" as one not organized under the laws of the United States or any jurisdiction within the United States.
The bill was introduced in the House of Representatives by Mr. Torres of New York and referred to the Committee on the Judiciary.
This bill seeks to ensure that U.S. taxpayer money is not used to support detentions that are deemed unlawful by U.S. courts.
Expected Effects
If enacted, H.R.3615 would prevent the U.S. government from providing financial assistance to foreign entities for detaining individuals when those detentions are found to be in violation of U.S. law. This could lead to a reassessment of existing agreements with foreign governments regarding detention and extradition.
It may also incentivize foreign governments to adhere more closely to U.S. legal standards regarding detention, or conversely, to refuse to detain individuals on behalf of the U.S.
Ultimately, the bill could impact international relations and the handling of individuals in foreign custody.
Potential Benefits
- Prevents U.S. taxpayer dollars from supporting unlawful detentions.
- Reinforces the principle that U.S. legal standards should be respected in international dealings.
- May incentivize foreign governments to respect human rights and due process.
- Could reduce the risk of the U.S. being complicit in human rights abuses.
- Potentially saves taxpayer money by avoiding payments for unlawful detentions.
Potential Disadvantages
- May strain relationships with foreign governments who rely on U.S. funding for detention purposes.
- Could complicate extradition processes and international law enforcement cooperation.
- May lead to foreign governments releasing individuals wanted by the U.S. due to lack of funding.
- Could create legal challenges in interpreting what constitutes a violation of U.S. law in a foreign context.
- Potential for unintended consequences in international relations and counter-terrorism efforts.
Constitutional Alignment
The bill aligns with constitutional principles related to due process and individual liberties, as it seeks to prevent U.S. funding from supporting detentions deemed unlawful by U.S. courts. While the Constitution primarily governs actions within the U.S., this bill extends its principles by restricting funding for actions abroad that contradict U.S. legal standards.
It indirectly supports the Fifth Amendment's guarantee of due process by ensuring that U.S. funds are not used to circumvent these protections in foreign detentions. The bill does not appear to infringe upon any specific constitutional provision and aims to uphold the values of justice and liberty.
Congress's power to appropriate funds (Article I, Section 9, Clause 7) gives it the authority to place restrictions on how those funds are spent, including prohibiting expenditures that might support activities conflicting with U.S. legal principles.
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).