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HR 134 · 119th CongressIn Committee
Protecting our Communities from Sexual Predators Act
Latest updateJan 3, 2025
Referred to the House Committee on the Judiciary.
Immigration
Sponsor
Vern Buchanan
Introduced
January 3, 2025
Latest action
January 3, 2025
Legislative Progress
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Latest Action
Referred to the House Committee on the Judiciary.
Plain-Language Summary
AI GeneratedUnder current immigration law, the Department of Homeland Security can detain certain noncitizens pending removal proceedings based on specific criminal convictions or immigration violations. However, sexual assault offenses are not explicitly listed as grounds for mandatory detention, inadmissibility, or deportability in the Immigration and Nationality Act. This creates a gap where individuals charged with or convicted of sexual assault may not face automatic detention or removal, potentially allowing them to remain in the United States during immigration proceedings.
This bill amends the Immigration and Nationality Act to establish sexual assault as a ground for mandatory detention and removal. The Department of Homeland Security is required to detain noncitizens who are charged with, arrested for, convicted of, or admit to committing sexual assault and who are also deportable or inadmissible under existing immigration grounds. Additionally, the bill makes any alien convicted of, admitting to, or having committed acts constituting sexual assault inadmissible to the United States and deportable if already present. The definition of sexual assault referenced in the bill comes from the Violence Against Women Act.
Implementation occurs immediately upon enactment. The bill does not appropriate new funding but directs DHS to apply these grounds within its existing detention and removal authority. The effect is to expand the categories of noncitizens subject to mandatory detention without bond hearings and to streamline removal proceedings for individuals with sexual assault convictions or admissions. This may increase the number of individuals held in immigration detention and accelerate deportation timelines for those cases, though the precise fiscal impact depends on how many noncitizens currently fall into these categories.
Key Provisions
- 1Requires the Department of Homeland Security to detain noncitizens who are charged with, arrested for, convicted of, or admit to committing sexual assault and are also deportable or inadmissible under existing immigration law.
- 2Establishes that any alien convicted of, admitting to, or having committed acts constituting sexual assault is inadmissible to the United States and cannot enter or be granted status.
- 3Establishes that any alien convicted of, admitting to, or having committed acts constituting sexual assault is deportable and subject to removal if already present in the United States.
- 4Applies the definition of sexual assault from the Violence Against Women Act to determine which offenses trigger these detention, inadmissibility, and deportability grounds.
★ Why this matters
The bill closes a gap in immigration law by making sexual assault an explicit ground for mandatory detention and removal. Currently, noncitizens accused or convicted of sexual assault may not face automatic detention or expedited removal if they do not fall into other criminal categories. This change means individuals in these categories will be held without bond pending removal hearings and will face streamlined deportation proceedings. Immigration detention capacity and removal caseloads will likely increase as a result.
● Who this affects
Noncitizens charged with or convicted of sexual assault offenses will face mandatory detention and removal proceedings. Immigration judges and the Department of Homeland Security will handle increased caseloads related to sexual assault deportations. State and local law enforcement agencies may see changes in how they coordinate with federal immigration authorities on sexual assault cases. Victims of sexual assault and their advocates may see faster removal of noncitizen perpetrators, though the bill does not create new victim protections or notification requirements.
Bill Text
View on Congress.govShow / hide bill text preview
<DOC>
119th CONGRESS
1st Session
H. R. 134
To amend the Immigration and Nationality Act to provide for the
detention, inadmissibility, and removal of aliens who commit sexual
assault.
IN THE HOUSE OF REPRESENTATIVES
January 3, 2025
Mr. Buchanan (for himself, Mr. Issa, Mr. Stauber, Mr. McCaul, Mr. Bost,
Mr. Weber of Texas, and Mr. Edwards) introduced the following bill;
which was referred to the Committee on the Judiciary
A BILL
To amend the Immigration and Nationality Act to provide for the
detention, inadmissibility, and removal of aliens who commit sexual
assault.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Protecting our Communities from
Sexual Predators Act''.
SEC. 2. DETENTION OF CERTAIN ALIENS WHO COMMIT SEXUAL ASSAULT.
Section 236(c)(1) of the Immigration and Nationality Act (8 U.S.C.
1226(c)(1)) is amended--
(1) in subparagraph (C), by striking ``, or'' and inserting
a comma;
(2) in subparagraph (D), by adding ``or'' at the end; and
(3) by inserting after subparagraph (D) the following:
``(E)(i) is inadmissible under section 212(a)(6)(A)
or (C) or under section 212(a)(7); and
``(ii) is charged with, arrested for, convicted of,
admits having committed, or admits committing acts
which constitute the essential elements of, any offense
involving sexual assault (as such term is defined in
section 214(d)(3)(A)),''.
SEC. 3. INADMISSILIBITY AND DEPORTABILITY RELATED TO SEXUAL ASSAULT.
(a) Inadmissibility.-- Section 212(a)(2) of the Immigration and
Nationality Act (8 U.S.C. 1182(a)(2)) is amended by adding at the end
the following:
``(J) Sexual assault.--Any alien who has been
convicted of, who admits having committed, or who
admits committing acts which constitute the essential
elements of, any offense involving sexual assault (as
such term is defined in section 214(d)(3)(A)), is
inadmissible.''.
(b) Deportability.--Section 237(a)(2) of the Immigration and
Nationality Act (8 U.S.C. 1227(a)(2)) is amended by adding at the end
the following:
``(G) Sexual assault.--Any alien who has been
convicted of, who admits having committed, or who
admits committing acts which constitute the essential
elements of, any offense involving sexual assault (as
such term is defined in section 214(d)(3)(A)), is
deportable.''.
…Party Positions
10 members formally cosponsored
Democratic Party
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Source: cosponsors
Republican Party
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10 members formally endorsed
Cosponsored this bill
Source: cosponsors
Cosponsor data and vote records sourced from Congress.gov. Reflects formal legislative actions only.