Expedited Removal of Criminal Aliens Act
SB 1827, titled the “Expedited Removal of Criminal Aliens Act,” would amend the Immigration and Nationality Act to create a new expedited-removal provision for certain noncitizens. The bill directs that an alien be subject to mandatory detention and expedited removal if the Department of Homeland Security determines the person is a member of a criminal gang or criminal organization, is a member of or has provided material support to a foreign terrorist organization, or has been convicted of a broad list of offenses.
The covered offenses include any felony, misdemeanors against vulnerable individuals, assaults on law enforcement officers, sexual offenses, domestic violence, stalking, crimes against children, sex trafficking of a minor, sexual abuse of a minor, sexual exploitation of minors, and violations of protection orders. The bill also defines “member of a vulnerable group” to include children under 16, pregnant women, individuals with severe physical or mental disabilities, and adults over 65. It further bars individuals described in the new section from eligibility for withholding of removal under the Immigration and Nationality Act.
If enacted, the bill would expand DHS authority to detain and remove certain noncitizens through an expedited process and would narrow access to withholding of removal for those covered by the new provision. It would amend title II of the Immigration and Nationality Act by adding a new section 238A and updating the statute’s table of contents, thereby changing federal immigration enforcement standards for criminal, gang-related, and terrorism-related cases.
The available record shows no committee transcript, amendments, or recorded votes, so there is no documented floor or committee debate to gauge broad sentiment. Based on the bill’s sponsors and title, the measure appears to be framed as a public-safety and border-enforcement bill, with an emphasis on removing individuals viewed as serious criminal or security threats.
The main points of contention likely center on the breadth of the categories triggering expedited removal and the discretion given to DHS. Critics may focus on the inclusion of any felony and several broad misdemeanor categories, the treatment of material support for foreign terrorist organizations, and the elimination of withholding-of-removal eligibility. Supporters are likely to emphasize the bill’s focus on gang members, terrorists, and people convicted of serious violent or sexual offenses, as well as protections for vulnerable groups such as children, pregnant women, disabled individuals, and older adults.