S.1675 - Justice for American Victims of Illegal Aliens Act (119th Congress)
Summary
S.1675, the "Justice for American Victims of Illegal Aliens Act," proposes an amendment to Title 18 of the United States Code. The amendment adds a new aggravating factor for consideration in death penalty cases. This factor applies when the defendant is an alien who entered or remains in the U.S. unlawfully and has been convicted of killing, attempting to kill, or conspiring to kill a U.S. citizen.
Expected Effects
If enacted, this bill would expand the circumstances under which the death penalty could be applied in federal cases. It specifically targets illegal aliens convicted of violent crimes against U.S. citizens. The practical effect would likely be increased use of the death penalty in cases meeting these criteria, and potentially increased scrutiny of immigration status in capital cases.
Potential Benefits
- Increased Justice for Victims: Provides a specific legal pathway to seek the death penalty in cases where American citizens are victims of violent crimes committed by illegal aliens.
- Potential Deterrent: May deter violent crime by illegal aliens due to the increased risk of capital punishment.
- Symbolic Value: Sends a strong message that the U.S. prioritizes the safety and well-being of its citizens.
- Alignment with Public Sentiment: Could align with public sentiment favoring stricter penalties for crimes committed by individuals unlawfully present in the country.
Most Benefited Areas:
Potential Disadvantages
- Potential for Discrimination: Raises concerns about potential bias and discrimination in the application of the death penalty based on immigration status.
- Legal Challenges: Likely to face legal challenges based on equal protection and due process grounds.
- Strain on International Relations: Could strain relations with countries whose citizens are affected by this law.
- Moral and Ethical Concerns: Reinforces ongoing debates about the morality and ethics of the death penalty.
- Costly Litigation: Will likely result in increased litigation costs due to the complex legal issues involved.
Constitutional Alignment
The bill's constitutional alignment is complex. While Congress has the power to define federal crimes and punishments, including the death penalty, the Eighth Amendment prohibits cruel and unusual punishment, and the Fourteenth Amendment guarantees equal protection under the law. The bill could be challenged on the grounds that it unfairly targets a specific group (illegal aliens) and may lead to discriminatory application of the death penalty. Further, the bill must adhere to due process requirements in all legal proceedings. Article 1, Section 8 grants Congress the power to establish laws regarding naturalization, which indirectly relates to 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).