BE GONE Act Better Enforcement of Grievous Offenses by unNaturalized Emigrants
Impact
The inclusion of sexual assault and aggravated sexual violence as aggravated felonies will significantly alter the landscape of immigration law and the treatment of offenders under U.S. law. If passed, SB5183 would grant immigration authorities the ability to expedite the deportation process for individuals convicted of these serious offenses, thereby potentially increasing the number of removals related to violent crimes. This could also lead to changes in how courts handle cases involving non-citizen defendants accused of such crimes.
Summary
SB5183, also known as the 'BE GONE Act', aims to amend the Immigration and Nationality Act by expanding the definition of aggravated felonies to include sexual assault and aggravated sexual violence. This legislative change seeks to facilitate the expedited removal of non-citizens convicted of these crimes from the United States. By incorporating these offenses into the definition of aggravated felonies, the bill highlights the urgency of addressing severe crimes associated with non-citizens in U.S. society.
Contention
There are notable points of contention surrounding SB5183, particularly regarding the implications for immigrants and the justice system. Advocates argue that expediting the removal of individuals who commit severe crimes reinforces public safety and holds offenders accountable. However, opponents may raise concerns about the potential for disproportionate impacts on immigrant communities, as the bill could lead to harsher outcomes based on criminal convictions that may not always reflect the severity of the underlying actions. Additionally, critics may point to the challenges in ensuring due process for accused individuals as they navigate immigration proceedings under this new legal framework.
Deport Alien Gang Members ActThis bill makes non-U.S. nationals (aliens under federal law) associated with criminal gangs inadmissible for entry into the United States and deportable. The bill also establishes procedures to designate groups as criminal gangs.An individual shall be inadmissible if certain officers or agencies know or have reason to believe that the individual is or was a criminal gang member or has participated or aided such a group's illegal activities. An individual who is or was a member of such a gang, has participated or aided such a group's illegal activities, or seeks to enter or has entered the United States in furtherance of such activity shall be deportable.Such individuals must be subject to mandatory detention. Furthermore, such individuals shall not be eligible for (1) asylum; (2) temporary protected status; (3) special immigrant juvenile visas; or (4) parole, unless they are assisting the government in a law enforcement matter.The bill defines a criminal gang as a group of five or more persons (1) where one of its primary purposes is committing specified criminal offenses and its members have engaged in a continuing series of such offenses within the past five years, or (2) that has been designated as a criminal gang by the Department of Homeland Security (DHS).The bill also establishes procedures for DHS to designate a group as a criminal gang, including notifying Congress, publishing a notice in the Federal Register, and providing an opportunity for the group to petition for review of the designation.