S.1827 - Expedited Removal of Criminal Aliens Act (119th Congress)
Summary
S.1827, the "Expedited Removal of Criminal Aliens Act," aims to amend the Immigration and Nationality Act to authorize the expedited removal of aliens who are criminal gang members, members or supporters of foreign terrorist organizations, or have been convicted of specific crimes. The bill defines 'member of a vulnerable group' and outlines categories of aliens subject to mandatory detention and expedited removal. It also specifies that aliens subject to expedited removal under this act are ineligible for withholding of removal.
Expected Effects
If enacted, this bill would lead to quicker deportation processes for certain categories of aliens deemed to pose a threat to public safety and national security. It would also likely decrease the number of appeals and legal challenges available to these individuals. The bill could also potentially lead to increased scrutiny and potential for errors in identifying individuals who fall under these categories.
Potential Benefits
- Enhanced public safety through the removal of dangerous individuals.
- Reduced strain on the justice system and immigration courts by expediting removal processes.
- Potential cost savings associated with reduced detention and legal processing times.
- Strengthened national security by removing individuals with ties to terrorist organizations.
- Increased protection for vulnerable groups by prioritizing the removal of those who commit crimes against them.
Potential Disadvantages
- Potential for wrongful deportation due to errors in identifying gang members, terrorist supporters, or individuals convicted of specified crimes.
- Limited due process for individuals subject to expedited removal, potentially violating their rights.
- Increased risk of separating families and disrupting communities.
- Possible negative impact on international relations if the expedited removal process is perceived as unfair or discriminatory.
- Potential for increased racial profiling and discrimination in the enforcement of the law.
Constitutional Alignment
The bill's constitutional alignment is complex. While the government has broad authority over immigration matters, the Fifth Amendment guarantees due process to all persons within the United States, including aliens. The extent to which expedited removal procedures satisfy due process requirements is a key constitutional question. The Eighth Amendment's prohibition against cruel and unusual punishment may also be relevant if the conditions of detention or removal are deemed inhumane. 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).