To amend title 18, United States Code, by adding an additional aggravating factor to be considered in determining whether a sentence of death is warranted.
Legislative Progress
IntroducedMr. Luttrell introduced the following bill; which was referred to …
Summary
What This Bill Does
This bill adds a new factor that federal courts must consider when deciding whether to impose the death penalty. Specifically, it makes it an "aggravating factor" if the defendant is an undocumented immigrant who has been convicted of killing, attempting to kill, or conspiring to kill a U.S. citizen. The bill is named the "Justice for American Victims of Illegal Aliens Act."
Who Benefits and How
The families of U.S. citizens who are victims of violent crimes by undocumented immigrants may see this as providing additional legal weight to pursue the death penalty in such cases. Prosecutors gain an additional tool when seeking capital punishment in federal cases involving undocumented defendants who commit or attempt murder of citizens.
Who Bears the Burden and How
Undocumented immigrants charged with federal capital crimes involving U.S. citizen victims face a new legal disadvantage, as their immigration status becomes an explicit factor that can increase the likelihood of a death sentence. The Department of Justice and federal courts will bear administrative burdens to implement and apply this new provision. Defense attorneys representing affected defendants must address this additional aggravating factor.
Key Provisions
- Adds paragraph (17) to Section 3592(c) of Title 18, U.S. Code, which lists aggravating factors for death penalty consideration
- Defines the new factor as applying to aliens who came to, entered, or remain in the United States in violation of federal law
- Requires that the defendant also be convicted of killing, attempting to kill, or conspiring to kill a U.S. citizen for this factor to apply
- Applies only to federal capital cases, not state-level prosecutions
Evidence Chain:
This summary is derived from the structured analysis below. See "Detailed Analysis" for per-title beneficiaries/burden bearers with clause-level evidence links.
Primary Purpose
This bill amends Title 18 of the U.S. Code to include an additional aggravating factor for determining whether a sentence of death is warranted, specifically targeting illegal aliens who have killed or attempted to kill US citizens.
Policy Domains
Bill Structure & Actor Mappings
Who is "The Secretary" in each section?
Key Definitions
Terms defined in this bill
The bill is officially named the Justice for American Victims of Illegal Aliens Act.
Amends Section 3592(c) of Title 18, U.S. Code by adding a new aggravating factor for illegal aliens convicted of killing or attempting to kill US citizens.
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