H.R.594 - Detain and Deport Illegal Aliens Who Assault Cops Act (119th Congress)
Summary
H.R.594, the "Detain and Deport Illegal Aliens Who Assault Cops Act," aims to amend the Immigration and Nationality Act. The bill mandates the detention of aliens who are inadmissible under specific sections of immigration law and who are charged with, arrested for, convicted of, admit having committed, or admit committing acts constituting assault against law enforcement officers. It directs the Secretary of Homeland Security to issue detainers for such aliens and take them into custody if not otherwise detained.
Expected Effects
The bill, if enacted, would expand the scope of mandatory detention for certain aliens. This could lead to increased detention and deportation of individuals who assault law enforcement officers. It also shifts authority from the Attorney General to the Secretary of Homeland Security regarding detention decisions.
Potential Benefits
- Enhanced public safety by removing aliens who assault law enforcement officers.
- Increased protection for law enforcement officers.
- Potential deterrent effect on aliens considering assaulting law enforcement officers.
- Streamlined process for detaining and deporting such individuals.
- Reinforcement of the rule of law.
Most Benefited Areas:
Potential Disadvantages
- Potential for increased strain on detention facilities and resources.
- Risk of detaining individuals based on charges or admissions without conviction.
- Possible challenges related to defining "assault" across different jurisdictions.
- Concerns about due process and potential for discriminatory enforcement.
- Could negatively impact community relations and trust in law enforcement.
Constitutional Alignment
The bill's constitutionality hinges on several factors. The Fifth Amendment guarantees due process, which could be challenged if individuals are detained based on charges alone. The Fourth Amendment protects against unreasonable searches and seizures, which could be relevant to the circumstances of an arrest. The Tenth Amendment reserves powers not delegated to the federal government to the states, which could be invoked if the federal government is seen as unduly interfering with state law enforcement matters. Article I, Section 8, Clause 4 grants Congress the power to establish a uniform Rule of Naturalization.
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).