[Congressional Record Volume 171, Number 7 (Tuesday, January 14, 2025)]
[Senate]
[Pages S154-S155]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 43. Mr. MARSHALL submitted an amendment intended to be proposed by 
him to the bill S. 5, to require the Secretary of Homeland Security to 
take into custody aliens who have been charged in the United States 
with theft, and for other purposes; which was ordered to lie on the 
table; as follows:


[[Page S155]]


  

       At the end of the bill, add the following:

     SEC. 4. INADMISSIBILITY AND DEPORTABILITY RELATED TO SEX 
                   OFFENSES, DOMESTIC VIOLENCE, STALKING, CHILD 
                   ABUSE, OR VIOLATIONS OF PROTECTION ORDER.

       (a) Short Title.--This section may be cited as the 
     ``Violence Against Women by Illegal Aliens Act''.
       (b) 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) Sex offenses.--Any alien who has been convicted of, 
     who admits having committed, or who admits committing acts 
     which constitute the essential elements of a sex offense (as 
     such term is defined in section 111(5) of the Adam Walsh 
     Child Protection and Safety Act of 2006 (34 U.S.C. 
     20911(5))), or a conspiracy to commit such an offense, is 
     inadmissible.
       ``(K) Domestic violence, stalking, child abuse, or 
     violation of protection order.--Any alien who has been 
     convicted of, who admits having committed, or who admits 
     committing acts which constitute the essential elements of--
       ``(i) a crime of domestic violence (as such term is defined 
     in section 237(a)(2)(E));
       ``(ii) a crime of stalking;
       ``(iii) a crime of child abuse, child neglect, or child 
     abandonment; or
       ``(iv) a crime of violating the portion of a protection 
     order (as such term is defined in section 237(a)(2)(E)) that 
     involves protection against credible threats of violence, 
     repeated harassment, or bodily injury to the person or 
     persons for whom the protection order was issued,
     is inadmissible.''.
       (c) Deportability.--Section 237(a)(2) of the Immigration 
     and Nationality Act (8 U.S.C. 1227(a)(2)) is amended--
       (1) in subparagraph (E)--
       (A) in the heading, by striking ``crimes against children 
     and'' and inserting ``and crimes against children''; and
       (B) in clause (i), by inserting before the period at the 
     end the following ``, and includes any crime that constitutes 
     domestic violence, as such term is defined in section 
     40002(a) of the Violent Crime Control and Law Enforcement Act 
     of 1994 (34 U.S.C. 12291(a), regardless of whether the 
     jurisdiction receives grant funding under that Act''; and
       (2) by adding at the end the following:
       ``(G) Sex offenses.--Any alien who has been convicted of a 
     sex offense (as such term is defined in section 111(5) of the 
     Adam Walsh Child Protection and Safety Act of 2006 (34 U.S.C. 
     20911(5))) or a conspiracy to commit such an offense, is 
     deportable.''.
       (d) Rule of Construction.--Nothing in this section, or in 
     the amendments made by this section, may be construed to 
     limit the discretion of the Secretary of Homeland Security to 
     not deport an alien determined to be inadmissible or 
     deportable under the provisions of law referred to in section 
     3, for humanitarian purposes, to preserve family unity, or if 
     otherwise in the public interest.
                                 ______