H.R. 5713: Expedited Removal of Criminal Aliens Act

This bill, known as the Expedited Removal of Criminal Aliens Act, aims to allow for the quick deportation of certain non-citizens who are deemed to be a threat to public safety. Under this legislation, the Department of Homeland Security (DHS) would have the authority to swiftly remove individuals identified as:

Definitions and Criteria

• Criminal Gang Members: People who are members of criminal gangs or organizations.
• Foreign Terrorist Organizations: Individuals who are part of or have supported groups recognized as foreign terrorist organizations.
• Specific Crimes: Those who have been convicted of serious crimes, including:
  • Any felony
  • Misdemeanors against vulnerable groups (defined in the bill)
  • Assault against law enforcement officers
  • Sexual offenses
  • Domestic violence offenses
  • Stalking offenses
  • Crimes against children, such as sex trafficking or sexual abuse
  • Crimes related to the sexual exploitation of minors
  • Violations of protection orders

Mandatory Detention and Removal

Individuals falling under these categories would face:

• Mandatory Detention: They would be detained without release during the removal process.
• Expedited Removal: They would be removed from the United States quickly, without the usual lengthy legal processes that can be involved in immigration cases.

Ineligibility for Withholding of Removal

The bill states that a person who meets the criteria for expedited removal would not be eligible to request withholding of their deportation under existing laws, which typically allow some individuals to avoid removal due to potential harm they might face in their home countries.

Vulnerable Groups Definition

The legislation includes a definition of vulnerable groups, which encompasses:

• Children under 16 years old
• Pregnant women
• Individuals with significant physical or mental disabilities
• Individuals older than 65 years of age

These parameters aim to clarify which individuals might be considered vulnerable, although the bill's main focus is on those who pose a risk to public safety.

Administrative Changes

The bill also includes clerical amendments to existing laws to incorporate the new section on expedited removal for the specified individuals.

Relevant Companies

None found