H.R.64 - Grant’s Law (119th Congress)
Summary
H.R.64, also known as Grant's Law, mandates the Secretary of Homeland Security to detain any alien unlawfully present in the United States who is arrested for specific criminal offenses that would render them inadmissible or deportable. The bill amends Section 236(c) of the Immigration and Nationality Act to enforce this mandatory detention.
It also requires expedited removal proceedings, mandating that the Secretary of Homeland Security complete these proceedings within 90 days of detention. The bill aims to tighten immigration enforcement by ensuring detention and swift removal for certain unlawfully present aliens arrested for criminal offenses.
The bill was introduced in the House of Representatives by Mr. Biggs of Arizona and Mrs. Luna, and it was referred to the Committee on the Judiciary.
Expected Effects
The primary effect of Grant's Law would be an increase in the detention and expedited removal of aliens unlawfully present in the U.S. who are arrested for specific crimes.
This could lead to increased strain on resources for detention facilities and immigration courts. It may also deter undocumented immigrants from committing crimes due to the certainty of detention and deportation.
Potential Benefits
- Enhanced public safety through the detention and removal of criminal aliens.
- Streamlined removal proceedings, potentially reducing the backlog in immigration courts.
- Increased deterrence of criminal activity by undocumented immigrants.
- Greater adherence to immigration laws and border security.
- Addresses concerns related to aliens unlawfully present in the US who commit crimes.
Most Benefited Areas:
Potential Disadvantages
- Potential strain on detention facilities and resources due to increased detentions.
- Risk of detaining individuals who are ultimately not convicted of the alleged offenses.
- Possible due process concerns related to expedited removal proceedings.
- Increased costs associated with detention and removal processes.
- Could negatively impact community relations and trust in law enforcement within immigrant communities.
Constitutional Alignment
The bill's constitutionality is complex. While the federal government has broad authority over immigration matters, the Fifth Amendment guarantees due process to all persons within the United States, including undocumented immigrants.
The mandatory detention provisions and expedited removal proceedings could raise concerns about whether individuals have sufficient opportunity to challenge their detention or deportation. The bill references amending existing sections of the Immigration and Nationality Act, which has been subject to constitutional scrutiny in the past.
Further legal analysis would be needed to determine if the specific provisions of Grant's Law comply with due process requirements and other constitutional protections.
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).