S1827-119

1. Short title This Act may be cited as the Expedited Removal of Criminal Aliens Act.

2. Expedited removal of certain criminal aliens Chapter 4 of title II of the Immigration and Nationality Act (8 U.S.C. 1221 et seq.) is amended by inserting after section 238 the following: In this section, the term member of a vulnerable group means— a child who is younger than 16 years of age; a woman who is pregnant; an individual with a severe physical or mental disability; or an individual who is older than 65 years of age. An alien is subject to mandatory detention and expedited removal under section 238 and is subject to removal from the United States if the Department of Homeland Security determines that such alien— is a member of a criminal gang or a criminal organization; is a member of an organization designated as a foreign terrorist organization pursuant to section 219(a) or has provided material support to such an organization; or has been convicted of any felony, any misdemeanor against a member of a vulnerable group, any assault of a law enforcement officer, any sexual offense, any crime of domestic violence, any stalking offense, any crime against children, including sex trafficking of a minor or sexual abuse of a minor, any activity relating to material involving the sexual exploitation of minors, or any violation of a protection order (as such terms are defined in the jurisdiction in which the acts constituting such crimes occurred). An alien described in subsection (b) is not eligible for withholding of removal under any provision of this title. The table of contents for the Immigration and Nationality Act (8 U.S.C. 1101 et seq.) is amended by inserting after the item relating to section 238 the following: 238A.Expedited removal of aliens who are criminal gang members, are members or supporters of a foreign terrorist organization, or have been convicted of a specified crime(a)Defined termIn this section, the term member of a vulnerable group means—(1)a child who is younger than 16 years of age;(2)a woman who is pregnant;(3)an individual with a severe physical or mental disability; or(4)an individual who is older than 65 years of age.(b)Aliens subject to expedited removalAn alien is subject to mandatory detention and expedited removal under section 238 and is subject to removal from the United States if the Department of Homeland Security determines that such alien—(1)is a member of a criminal gang or a criminal organization;(2)is a member of an organization designated as a foreign terrorist organization pursuant to section 219(a) or has provided material support to such an organization; or(3)has been convicted of any felony, any misdemeanor against a member of a vulnerable group, any assault of a law enforcement officer, any sexual offense, any crime of domestic violence, any stalking offense, any crime against children, including sex trafficking of a minor or sexual abuse of a minor, any activity relating to material involving the sexual exploitation of minors, or any violation of a protection order (as such terms are defined in the jurisdiction in which the acts constituting such crimes occurred).(c)Ineligibility for withholding of removalAn alien described in subsection (b) is not eligible for withholding of removal under any provision of this title.. Sec. 238A. Expedited removal of aliens who are criminal gang members, are members or supporters of a foreign terrorist organization, or have been convicted of a specified crime..

238A. Expedited removal of aliens who are criminal gang members, are members or supporters of a foreign terrorist organization, or have been convicted of a specified crime In this section, the term member of a vulnerable group means— a child who is younger than 16 years of age; a woman who is pregnant; an individual with a severe physical or mental disability; or an individual who is older than 65 years of age. An alien is subject to mandatory detention and expedited removal under section 238 and is subject to removal from the United States if the Department of Homeland Security determines that such alien— is a member of a criminal gang or a criminal organization; is a member of an organization designated as a foreign terrorist organization pursuant to section 219(a) or has provided material support to such an organization; or has been convicted of any felony, any misdemeanor against a member of a vulnerable group, any assault of a law enforcement officer, any sexual offense, any crime of domestic violence, any stalking offense, any crime against children, including sex trafficking of a minor or sexual abuse of a minor, any activity relating to material involving the sexual exploitation of minors, or any violation of a protection order (as such terms are defined in the jurisdiction in which the acts constituting such crimes occurred). An alien described in subsection (b) is not eligible for withholding of removal under any provision of this title.