S.72 - Justice for Jocelyn Act (119th Congress)
Summary
The Justice for Jocelyn Act (S.72) aims to tighten immigration enforcement by mandating the removal of aliens who fail to comply with release orders. It also seeks to enroll all aliens on ICE's nondetained docket into the Alternatives to Detention (ATD) program with continuous GPS monitoring and curfew requirements. The bill prioritizes detention by limiting ATD participation to situations where all detention beds are full and all detention efforts have been exhausted.
Expected Effects
This bill would likely lead to increased deportations due to stricter enforcement of release order compliance. Expanded GPS monitoring and curfew requirements would also increase surveillance of immigrants awaiting immigration proceedings. The prioritization of detention could lead to increased demand for detention facilities.
Potential Benefits
- Potentially enhanced public safety through stricter monitoring of non-detained aliens.
- Increased likelihood of removal for aliens who violate release terms.
- May deter aliens from absconding during immigration proceedings.
- Could reduce the perceived burden on communities hosting non-detained aliens.
- Addresses concerns related to compliance with immigration laws.
Most Benefited Areas:
Potential Disadvantages
- Potential for increased strain on detention facilities and resources.
- Concerns about civil liberties and privacy due to continuous GPS monitoring.
- Risk of disproportionate impact on asylum seekers and other vulnerable populations.
- Possible due process concerns related to in absentia removal orders based on affidavit evidence.
- Increased costs associated with expanded ATD program and detention efforts.
Constitutional Alignment
The bill's constitutionality is potentially questionable. The Fourth Amendment protects against unreasonable searches and seizures, and continuous GPS monitoring could be challenged under this amendment. The Fifth Amendment guarantees due process, and the in absentia removal provision based on an affidavit might raise due process concerns if it limits an alien's opportunity to be heard. 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).