S.1977 - Rapid Expulsion of Migrant Offenders who Violate and Evade (REMOVE) Act (119th Congress)
Summary
The "Rapid Expulsion of Migrant Offenders who Violate and Evade (REMOVE) Act" (S.1977) aims to expedite the removal proceedings for aliens convicted of offenses that make them deportable under the Immigration and Nationality Act. The bill mandates that removal proceedings commence as quickly as possible after U.S. Immigration and Customs Enforcement (ICE) files a Notice to Appear with the immigration court. It further stipulates that all immigration court proceedings for such aliens be completed within 15 days of commencement, overriding other provisions of law.
Expected Effects
If enacted, the REMOVE Act would significantly accelerate the deportation process for certain non-citizens. This could lead to quicker removal of individuals deemed a public safety risk. The expedited timelines may also strain the resources of immigration courts and potentially impact due process.
Potential Benefits
- Could reduce the backlog in immigration courts by prioritizing cases of aliens convicted of offenses.
- May deter future immigration-related offenses due to the increased speed of removal.
- Could potentially reduce costs associated with prolonged detention and legal proceedings.
- May enhance public safety by removing individuals convicted of crimes more quickly.
- Could free up resources for other immigration enforcement priorities.
Potential Disadvantages
- The 15-day limit for completing proceedings may not allow sufficient time for due process, potentially leading to unjust deportations.
- Could strain the resources of immigration courts and legal aid organizations, potentially impacting the quality of legal representation.
- May disproportionately affect asylum seekers and other vulnerable populations who may not have adequate time to present their case.
- Could face legal challenges based on due process and equal protection grounds.
- May negatively impact international relations if the expedited removal process is perceived as unfair or inhumane.
Constitutional Alignment
The bill's constitutional alignment is questionable, particularly regarding the Fifth Amendment's guarantee of due process. The expedited removal timeline of 15 days may not provide sufficient opportunity for individuals to present their case, seek legal counsel, and gather evidence. This could be seen as a violation of their right to a fair hearing. While the government has broad authority over immigration matters, this authority is not absolute and must be exercised in a manner consistent with 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).