Expedited removal

Section 238 of the Immigration and Nationality Act (8 U.S.C. 1228) is amended—(1)in the section heading, by striking

Expedited removal of aliens convicted of committing aggravated felonies

and inserting

Expedited removal of certain criminal aliens

;(2)in subsection (a)—(A)by amending paragraph (1) to read as follows:

(1)

In general

The Secretary of Homeland Security shall provide for the availability of special removal proceedings at certain Federal, State, and local correctional facilities for any incarcerated alien—(A)convicted of any criminal offense covered in section 237(a)(2)(A)(iii), (B), (C), or (D), or any offense covered by section 237(a)(2)(A)(ii) for which both predicate offenses are, without regard to the date of their commission, otherwise covered by section 237(a)(2)(A)(i); or(B)who the Secretary of Homeland Security determines—(i)is inadmissible or deportable; and(ii)(I)is a member of a criminal gang or a transnational criminal organization (as defined in section 3003(5) of the Act titled Making emergency supplemental appropriations for the fiscal year ending September 30, 2024, and for other purposes (21 U.S.C. 2341(5)));(II)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(III)has been convicted of any felony, any misdemeanor with respect to which the underlying conduct was committed 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 with respect to which the underlying conduct was committed against a child (including sex trafficking of a minor or sexual abuse of a minor), any activity relating to material involving the sexual exploitation of a minor, or any violation of a protection order (as such terms are defined in the jurisdiction of conviction).

;

(B)in paragraph (2)—(i)by striking convicted of an aggravated felony and inserting described in paragraph (1); (ii)by striking Attorney General each place it appears and inserting Secretary of Homeland Security; and(iii)by striking felon and inserting alien;(C)in paragraph (3)—(i)by striking Attorney General each place it appears and inserting Secretary of Homeland Security ;(ii)by striking convicted of an aggravated felony and inserting described in paragraph (1); and(iii)by striking for the underlying aggravated felony;(D)in paragraph (4), by striking Attorney General each place it appears and inserting Secretary of Homeland Security; and (E)by adding at the end the following:

(5)

Manner of proceedings

Special removal proceedings described in this section shall be conducted in conformity with section 240 (except as otherwise provided in this section), and in a manner which eliminates the need for additional detention at any processing center of the Department of Homeland Security and in a manner which assures expeditious removal following the end of the alien's incarceration for the underlying sentence. Nothing in this section shall be construed to create any substantive or procedural right or benefit that is legally enforceable by any party against the United States or its agencies or officers or any other person.(6)

Definitions

In this subsection:(A)The term member of a vulnerable group means—(i)an individual who is younger than 16 years of age;(ii)a pregnant woman;(iii)an individual with a severe physical or mental disability; or(iv)an individual who is older than 65 years of age.(B)The term criminal gang means an ongoing group, club, organization, or association of 5 or more persons that has as 1 of its primary purposes the commission of 1 or more of the offenses described in this subparagraph and the members of which engage, or have engaged within the past 5 years, in a continuing series of such offenses. The offenses described, whether committed, in whole or in part, within or outside of the United States and regardless of whether the offenses occurred before, on, or after the date of the enactment of this paragraph, are the following:(i)A Federal, State, local, or Tribal offense that is punishable by imprisonment for more than 1 year and relates to a controlled substance (as so classified under the relevant Federal, State, local, or Tribal law), regardless of whether the substance is classified as a controlled substance under section 102 of the Controlled Substances Act (21 U.S.C. 802).(ii)A foreign offense that is punishable by imprisonment for more than 1 year and relates to a controlled substance as defined under section 102 of the Controlled Substances Act (21 U.S.C. 802).(iii)An offense that is punishable by imprisonment for more than 1 year and involves firearms or explosives (as defined under the relevant Federal, State, local, Tribal, or foreign law) or in violation of section 931 of title 18, United States Code (relating to purchase, ownership, or possession of body armor by violent felons).(iv)An offense under section 274 (relating to bringing in and harboring certain aliens), section 277 (relating to aiding or assisting certain aliens to enter the United States), or section 278 (relating to importation of alien for immoral purpose).(v)A crime of violence (as defined in section 16(a) of title 18, United States Code).(vi)A crime involving obstruction of justice, tampering with or retaliating against a witness, victim, or informant, or burglary (as such terms are defined under the relevant Federal, State, local, Tribal, or foreign law).(vii)Any conduct punishable under—(I)sections 1028, 1028A, and 1029 of title 18, United States Code (relating to fraud, aggravated identity theft or fraud and related activity in connection with identification documents or access devices);(II)sections 1581 through 1594 of such title (relating to peonage, slavery, and trafficking in persons);(III)section 1951 of such title (relating to interference with commerce by threats or violence);(IV)section 1952 of such title (relating to interstate and foreign travel or transportation in aid of racketeering enterprises);(V)section 1956 of such title (relating to the laundering of monetary instruments);(VI)section 1957 of such title (relating to engaging in monetary transactions in property derived from specified unlawful activity); or(VII)sections 2312 through 2315 of such title (relating to interstate transportation of stolen motor vehicles or stolen property).(viii)A conspiracy to commit an offense described in subclauses (I) through (VII) of clause (vii).

;

(3)in subsection (b)—(A)in paragraph (1)—(i)by striking Attorney General and inserting Secretary of Homeland Security; (ii)by inserting inadmissibility or before deportability; (iii)by striking under section 237(a)(2)(A)(iii) (relating to conviction of an aggravated felony); and (iv)by inserting before section 240 the following issue a notice to appear under section 239 to initiate removal proceedings under; (B)by amending paragraph (2) to read as follows:

(2)

Alien described

An alien is described in this paragraph if the alien—(A)has been convicted of any criminal offense described in subparagraph (A) or is described in subparagraph (B) of section 238(a)(1), regardless of whether such alien is incarcerated; and(B)(i)was not lawfully admitted for permanent residence at the time at which proceedings under this section commenced; or(ii)had permanent resident status on a conditional basis (as described in section 216 of this title) at the time that proceedings under this section commenced.

;

(C)in paragraph (3), by striking Attorney General and inserting Secretary of Homeland Security;(D)in paragraph (4), by striking Attorney General each place it appears and inserting Secretary of Homeland Security ; and(E)in paragraph (5)—(i)by inserting or Secretary of Homeland Security after Attorney General; (ii)by inserting or Secretary’s after Attorney General’s; and(iii)by inserting , regardless of whether the alien is in proceedings under this section after discretion; and(4)by redesignating the second subsection (c) as subsection (d).

Detention of criminal aliens

Section 236(c) of the Immigration and Nationality Act (8 U.S.C. 1226(c)) is amended—(1)in paragraph (1)—(A)in subparagraph (D), by striking or at the end;(B)by redesignating subparagraph (E) as subparagraph (F); and(C)by inserting after subparagraph (D) the following:

(E)(i)is inadmissible under section 212 or deportable under section 237; and(ii)(I)is a member of a criminal gang (as defined in section 238(a)(6)(B)) or transnational criminal organization (as defined in section 3003(5) of the Act titled Making emergency supplemental appropriations for the fiscal year ending September 30, 2024, and for other purposes (21 U.S.C. 2341(5))); or (II)has been convicted of any felony, any misdemeanor with respect to which the underlying conduct was committed against a member of a vulnerable group (as defined in section 238(a)(3)(A)), any assault of a law enforcement officer, any sexual offense, any crime of domestic violence, any stalking offense, any crime with respect to which the underlying conduct was committed against a child (including sex trafficking of a minor or sexual abuse of a minor), any activity relating to material involving the sexual exploitation of a minor, or any violation of a protection order, or

; and

(2)in paragraph (2)—(A)in the heading, by striking

Definition

and inserting

Definitions

; and(B)by striking For purposes of paragraph (1)(E), and inserting the following:

(A)For purposes of paragraph (1)(E)(ii)(II), the terms and phrases in such paragraph have the meanings given such terms and phrases in the jurisdiction of conviction.(B)For purposes of paragraph (1)(F),