[House Report 118-55]
[From the U.S. Government Publishing Office]


118th Congress  }                                              {   Report
                        HOUSE OF REPRESENTATIVES
 1st Session    }                                              {   118-55

======================================================================



 
 PROTECT OUR LAW ENFORCEMENT WITH IMMIGRATION CONTROL AND ENFORCEMENT 
                              ACT OF 2023

                                _______
                                

  May 15, 2023.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

    Mr. Jordan, from the Committee on the Judiciary, submitted the 
                               following

                              R E P O R T

                             together with

                             MINORITY VIEWS

                        [To accompany H.R. 2494]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on the Judiciary, to whom was referred the 
bill (H.R. 2494) to make the assault of a law enforcement 
officer a deportable offense, and for other purposes, having 
considered the same, reports favorably thereon with an 
amendment and recommends that the bill as amended do pass.

                                CONTENTS

                                                                   Page
Purpose and Summary..............................................     2
Background and Need for the Legislation..........................     2
Hearings.........................................................     4
Committee Consideration..........................................     4
Committee Votes..................................................     4
Committee Oversight Findings.....................................     9
New Budget Authority and Tax Expenditures........................     9
Congressional Budget Office Cost Estimate........................     9
Committee Estimate of Budgetary Effects..........................    10
Duplication of Federal Programs..................................    10
Performance Goals and Objectives.................................    10
Advisory on Earmarks.............................................    10
Federal Mandates Statement.......................................    10
Advisory Committee Statement.....................................    10
Applicability to Legislative Branch..............................    10
Section-by-Section Analysis......................................    10
Changes in Existing Law Made by the Bill, as Reported............    11
Minority Views...................................................    19

    The amendment is as follows:
  Strike all that follows after the enacting clause, and insert 
the following:

SECTION 1. SHORT TITLE.

  This Act may be cited as the ``Protect Our Law enforcement with 
Immigration Control and Enforcement Act of 2023'' or the ``POLICE Act 
of 2023''.

SEC. 2. ASSAULT OF LAW ENFORCEMENT OFFICER.

  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) Assault of law enforcement officer.--
                          ``(i) In general.--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 
                        assault of a law enforcement officer is 
                        deportable.
                          ``(ii) Circumstances.--The circumstances 
                        referred to in clause (i) are that the law 
                        enforcement officer was assaulted--
                                  ``(I) while he or she was engaged in 
                                the performance of his or her official 
                                duties;
                                  ``(II) because of the performance of 
                                his or her official duties; or
                                  ``(III) because of his or her status 
                                as a law enforcement officer.
                          ``(iii) Definitions.--In this subparagraph--
                                  ``(I) the term `assault' has the 
                                meaning given that term in the 
                                jurisdiction where the act occurred; 
                                and
                                  ``(II) the term `law enforcement 
                                officer' is a person authorized by 
                                law--
                                          ``(aa) to apprehend, arrest, 
                                        or prosecute an individual for 
                                        any criminal violation of law; 
                                        or
                                          ``(bb) to be a firefighter or 
                                        other first responder.''.

                          Purpose and Summary

    H.R. 2494, the Protect Our Law enforcement with Immigration 
Control and Enforcement (POLICE) Act of 2023, introduced by 
Rep. Andrew Garbarino (R-NY), would create a ground of 
removability for aliens who have been convicted of, admit to, 
or admit to committing acts that constitute the essential 
elements of, any offense involving the assault of a law 
enforcement officer.

                Background and Need for the Legislation

    Violence against law enforcement officers continues to rise 
and is perpetuated by open borders. According to federal 
statistics, ``43,649 [law enforcement] officers were assaulted 
while performing their duties in 2021.''\1\ This figure 
represented an 11.2 percent increase from 2020.\2\ Of the 
officers assaulted, 35.2 percent were injured.\3\ In both 2021 
and 2022, ``at least 64 officers were shot and killed in the 
line of duty,'' which is 21 percent more than the average 
number of officers killed by gunfire from 2010 to 2020.\4\
---------------------------------------------------------------------------
    \1\Law Enforcement Officers Assaulted in 2021, Fed. Bureau of 
Investigation (Apr. 5, 2023), https://leb.fbi.gov/bulletin-highlights/
additional-highlights/crime-data-law-enforcement-officers-assaulted-in-
2021.
    \2\Id.
    \3\Id.
    \4\Paul Best, Law enforcement officer deaths from firearms remain 
high in 2022, Fox News (Jan. 11, 2023, 9:40 PM), https://
www.foxnews.com/us/law-enforcement-officer-deaths-firearms-remain-high-
2022.
---------------------------------------------------------------------------
    The Fraternal Order of Police partially attributed the rise 
in violence to ``an open border'' and a ``culture of 
lawlessness.''\5\ In fact, illegal aliens continue to assault 
law enforcement officers across the country. In March 2023, for 
instance, an illegal alien violently assaulted a U.S. Border 
Patrol agent as the agent attempted to take the alien into 
custody, injuring the agent's face and arms.\6\ Similarly, in 
November 2022, the FBI arrested two illegal aliens for pushing, 
dragging, and punching a U.S. Border Patrol agent.\7\
---------------------------------------------------------------------------
    \5\Ashley Carnahan, 2022 saw disturbing increase in law enforcement 
fatalities: `A culture
of lawlessness has gripped the country', Fox News (Jan. 15, 2023, 8:30 
PM), https://www
.foxnews.com/media/2022-saw-disturbing-increase-law-enforcement-
fatalities-culture-lawlessness-gripped-country.
    \6\Anders Hagstrom, Female border patrol agent violently assaulted 
by illegal immigrant, Fox News (Mar. 5, 2023, 1:22 PM), https://
www.foxnews.com/us/female-border-patrol-agent-violently-assaulted-
illegal-immigrant.
    \7\ Danielle Wallace, FBI arrests 2 Venezuelan illegal immigrants 
for assault on Border Patrol agent in Texas, Fox News (Nov. 9, 2022, 
9:26 AM), https://www.foxnews.com/us/fbi-arrests-2-venezuelan-illegal-
immigrants-assault-border-patrol-agent-texas.
---------------------------------------------------------------------------
    Border Patrol agents are not the only law enforcement 
officers assaulted by illegal aliens. For example, in 2020, an 
illegal alien stabbed a New York police officer in the neck, 
took the officer's gun, and then shot at other officers.\8\ In 
2019, a jury found an illegal alien guilty of assaulting an 
Immigration and Customs Enforcement (ICE) Deportation 
Officer.\9\ In 2020, an illegal alien shot and killed a Houston 
police sergeant.\10\ And, in 2021, illegal aliens on 
repatriation flights on multiple occasions attacked ICE agents 
and pilots, biting and physically assaulting them.\11\
---------------------------------------------------------------------------
    \8\Lawrence Richard, Illegal immigrant who stabbed, shot NYPD 
officers sentenced to 30 years in prison, deportation, Fox News (Sept. 
22, 2022, 3:33 AM), https://www.foxnews.com/us/illegal-immigrant-
stabbed-shot-nypd-officers-sentenced-30-years-prison-deportation.
    \9\Illegal alien convicted of assaulting officer in Mississippi, 
WTOK TV (Oct. 24, 2019,
1:23 PM), https://www.wtok.com/content/news/Illegal-alien-convicted-of-
assaulting-officer-in-
Mississippi-563789991.html.
    \10\Arelis R. Hernandez & Nick Miroff, Suspect in killing of 
Houston police sergeant is in United States illegally, ICE says, Wash. 
Post (Oct. 21, 2020, 4:43 PM), https://www.washingtonpost.com/national/
houston-police-killing-immigrant-ice/2020/10/21/436ead4c-13a
4-11eb-82af-864652063d61_story.html.
    \11\Emily Crane, Haitian migrants assault ICE officials, pilots on 
deportation flights, N. Y. Post (Sept. 23, 2021), https://nypost.com/
2021/09/23/haitian-migrants-attack-ice-officials-on-
deportation-flights/.
---------------------------------------------------------------------------
    Despite aliens' repeated assaults on law enforcement 
officers, U.S. immigration law does not state explicitly that 
assault on a law enforcement officer is a deportable 
offense.\12\ Instead, an alien who assaults a law enforcement 
officer likely will be found removable due to having been 
convicted of a crime that constitutes either an aggravated 
felony or a crime involving moral turpitude (CIMT).\13\ 
Determining whether an offense is an aggravated felony or a 
CIMT, however, often involves complicated legal analysis that 
can produce absurd results. In one instance, for example, a 
federal judge observed that the process, known as the 
categorical approach, presented ``a single legal question about 
a single conviction,'' yet the analysis ``spawned, over eleven 
years and counting: four decisions by the [Board of Immigration 
Appeals], four decisions by three different immigration judges, 
approximately six rounds of briefing, and a split opinion by [a 
federal] court.''\14\
---------------------------------------------------------------------------
    \12\See generally INA Sec. 237(a).
    \13\See INA Sec. 237(a)(2)(A); see also Cano v. U.S. Atty. Gen., 
709 F.3d 1052 (11th Cir. 2013) (holding that a conviction for resisting 
an officer with violence constituted a crime involving moral 
turpitude); Matter of Danesh, 19 I. & N. Dec. 669, 673 (BIA 1988) 
(holding that ``an aggravated assault against a peace officer, which 
results in bodily harm to the victim and which involves knowledge by 
the offender that his force is directed to an officer who is performing 
an official duty, constitutes a crime that involves moral turpitude'').
    \14\Valdez v. Garland, 28 F.4th 72, 85 (9th Cir. 2022) (Graber, J., 
concurring in part and dissenting in part).
---------------------------------------------------------------------------
    In specifically enumerating assault of a law enforcement 
officer as a ground of removability, H.R. 2494 eliminates the 
complicated analysis and ensures that any alien who assaults a 
law enforcement officer can be removed from the United States. 
In doing so, H.R. 2494 gives authorities another tool to 
protect not only every American but also the law enforcement 
officers who serve the country every day.

                                Hearings

    For the purposes of clause 3(c)(6)(A) of House rule XIII, 
the following hearing was used to develop H.R. 2494: ``The 
Biden Border Crisis: Part I,'' a hearing held on February 1, 
2023, before the Judiciary Committee. The Committee heard 
testimony from the following witnesses:
           Brandon Dunn, co-founder, Forever15Project;
           The Honorable Mark J. Dannels, Sheriff, 
        Cochise County, Arizona;
           The Honorable Dale Lynn Carruthers, County 
        Judge, Terrell County, Texas; and
           The Honorable Ricardo Samaniego, County 
        Judge, El Paso County, Texas.
    The hearing addressed how President Biden's open-borders 
policies affect Americans with rising crime and lawlessness at 
the southwest border and beyond. In his opening statement, 
Sheriff Mark Dannels of Cochise County, Arizona, testified how 
his deputies have been placed in life-threatening situations 
with aliens and how border-related crimes are at an all-time 
high.\15\
---------------------------------------------------------------------------
    \15\The Biden Border Crisis: Part I: Hearing Before the H. Comm. On 
the Judiciary, 118th Cong. 11 (2023) (statement of Mark J. Dannels, 
Sheriff, Cochise County, Arizona).
---------------------------------------------------------------------------

                        Committee Consideration

    On May 10, 2023, the Committee met in open session and 
ordered the bill, H.R. 2494, favorably reported with an 
amendment in the nature of a substitute, by a roll call vote of 
15 to 11, a quorum being present.

                            Committee Votes

    In compliance with clause 3(b) of House rule XIII, the 
following roll call votes occurred during the Committee's 
consideration of H.R. 2494:
    1. Vote on Amendment #1 to H.R. 2494 ANS offered by Ms. 
Jayapal of WA--failed 9 ayes to 21 nays
    2. Vote on Amendment #2 to H.R. 2494 ANS offered by Mr. 
Nadler of NY--failed 9 ayes to 19 nays
    3. Vote on Amendment #3 to H.R. 2494 ANS offered by Mr. 
Ivey of MD--failed 11 ayes to 15 nays
    4. Vote on favorably reporting H.R. 2494, as amended--
passed 15 ayes to 11 nays


                      Committee Oversight Findings

    In compliance with clause 3(c)(1) of House rule XIII, the 
Committee advises that the findings and recommendations of the 
Committee, based on oversight activities under clause 2(b)(1) 
of rule X of the Rules of the House of Representatives, are 
incorporated in the descriptive portions of this report.

               New Budget Authority and Tax Expenditures

    Clause 3(c)(2) of rule XIII of the Rules of the House of 
Representatives does not apply where a cost estimate and 
comparison prepared by the Director of the Congressional Budget 
Office under section 402 of the Congressional Budget Act of 
1974 has been timely submitted prior to filing of the report 
and is included in the report. Such a cost estimate is included 
in this report.

               Congressional Budget Office Cost Estimate

    With respect to the requirement of clause 3(c)(3) of rule 
XIII of the Rules of the House of Representatives and section 
402 of the Congressional Budget Act of 1974, the Committee has 
received the enclosed cost estimate for H.R. 2494 from the 
Director of the Congressional Budget Office:




    H.R. 2494 would allow the government to deport an alien (a 
non-U.S. national) from the United States if that person 
admitted to or was convicted of assaulting a law enforcement 
officer. Under current law, the government can deport aliens 
who are convicted of assault. Therefore, CBO expects that only 
a few people would be deported based solely on this bill's 
enactment.
    Enacting H.R. 2494 would reduce direct spending and 
spending subject to appropriation because aliens are eligible 
for certain federal benefits, such as emergency Medicaid, if 
they otherwise meet the eligibility requirements for those 
benefits. Because few people would be affected by the bill, CBO 
estimates that those effects would not be significant.
    The CBO staff contact for this estimate is David Rafferty. 
The estimate was reviewed by H. Samuel Papenfuss, Deputy 
Director of Budget Analysis.

                Committee Estimate of Budgetary Effects

    With respect to the requirements of clause 3(d)(1) of rule 
XIII of the Rules of the House of Representatives, the 
Committee adopts as its own the cost estimate prepared by the 
Director of the Congressional Budget Office pursuant to section 
402 of the Congressional Budget Act of 1974.

                    Duplication of Federal Programs

    Pursuant to clause 3(c)(5) of House rule XIII, no provision 
of H.R. 2494 establishes or reauthorizes a program of the 
federal government known to be duplicative of another federal 
program.

                    Performance Goals and Objectives

    The Committee states that pursuant to clause 3(c)(4) of 
House rule XIII, H.R. 2494 would create a ground of 
removability for aliens convicted of, or who admit to 
committing, any offense relating to assault of a law 
enforcement officer.

                          Advisory on Earmarks

    In accordance with clause 9 of House rule XXI, H.R. 2494 
does not contain any congressional earmarks, limited tax 
benefits, or limited tariff benefits as defined in clauses 
9(d), 9(e), or 9(f) of House rule XXI.

                       Federal Mandates Statement

    Pursuant to section 423 of the Unfunded Mandates Reform 
Act, the Committee has determined that the bill does not 
contain federal mandates on the private sector. The Committee 
has determined that the bill does not impose a federal 
intergovernmental mandate on state, local, or tribal 
governments.

                      Advisory Committee Statement

    No advisory committees within the meaning of section 5(b) 
of the Federal Advisory Committee Act were created by this 
legislation.

                  Applicability to Legislative Branch

    The Committee finds that the legislation does not relate to 
the terms and conditions of employment or access to public 
services or accommodations within the meaning of section 
102(b)(3) of the Congressional Accountability Act (Pub. L. 104-
1).

                      Section-by-Section Analysis


          TITLE I: BORDER SECURITY AND ENFORCEMENT ACT OF 2023

    Sec. 1. Short Title: This section states the title of H.R. 
2494 as the ``Protect Our Law enforcement with Immigration 
Control and Enforcement Act of 2023,'' or the ``POLICE Act of 
2023.''
    Sec. 2. Assault of a Law Enforcement Officer: This section 
creates a ground of removability for aliens who have been 
convicted of, admit to, or admit to committing acts that 
constitute the essential elements of, any offense involving the 
assault of a law enforcement officer.

         Changes in Existing Law Made by the Bill, as Reported

  In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (new matter is 
printed in italic and existing law in which no change is 
proposed is shown in roman):

                    IMMIGRATION AND NATIONALITY ACT




           *       *       *       *       *       *       *
TITLE II--IMMIGRATION

           *       *       *       *       *       *       *



   Chapter 4--Inspection, Apprehension, Examination, Exclusion, and 
Removal

           *       *       *       *       *       *       *



                  general classes of deportable aliens

  Sec. 237. (a) Classes of Deportable Aliens.--Any alien 
(including an alien crewman) in and admitted to the United 
States shall, upon the order of the Attorney General, be 
removed if the alien is within one or more of the following 
classes of deportable aliens:
          (1) Inadmissible at time of entry or of adjustment of 
        status or violates status.--
                  (A) Inadmissible aliens.--Any alien who at 
                the time of entry or adjustment of status was 
                within one or more of the classes of aliens 
                inadmissible by the law existing at such time 
                is deportable.
                  (B) Present in violation of law.--Any alien 
                who is present in the United States in 
                violation of this Act or any other law of the 
                United States, or whose nonimmigrant visa (or 
                other documentation authorizing admission into 
                the United States as a nonimmigrant) has been 
                revoked under section 221(i), is deportable.
                  (C) Violated nonimmigrant status or condition 
                of entry.--
                          (i) Nonimmigrant status violators.--
                        Any alien who was admitted as a 
                        nonimmigrant and who has failed to 
                        maintain the nonimmigrant status in 
                        which the alien was admitted or to 
                        which it was changed under section 248, 
                        or to comply with the conditions of any 
                        such status, is deportable.
                          (ii) Violators of conditions of 
                        entry.--Any alien whom the Secretary of 
                        Health and Human Services certifies has 
                        failed to comply with terms, 
                        conditions, and controls that were 
                        imposed under section 212(g) is 
                        deportable.
                  (D) Termination of conditional permanent 
                residence.--
                          (i) In general.--Any alien with 
                        permanent resident status on a 
                        conditional basis under section 216 
                        (relating to conditional permanent 
                        resident status for certain alien 
                        spouses and sons and daughters) or 
                        under section 216A (relating to 
                        conditional permanent resident status 
                        for certain alien entrepreneurs, 
                        spouses, and children) who has had such 
                        status terminated under such respective 
                        section is deportable.
                          (ii) Exception.--Clause (i) shall not 
                        apply in the cases described in section 
                        216(c)(4) (relating to certain hardship 
                        waivers).
                  (E) Smuggling.--
                          (i) In general.--Any alien who (prior 
                        to the date of entry, at the time of 
                        any entry, or within 5 years of the 
                        date of any entry) knowingly has 
                        encouraged, induced, assisted, abetted, 
                        or aided any other alien to enter or to 
                        try to enter the United States in 
                        violation of law is deportable.
                          (ii) Special rule in the case of 
                        family reunification.--Clause (i) shall 
                        not apply in the case of alien who is 
                        an eligible immigrant (as defined in 
                        section 301(b)(1) of the Immigration 
                        Act of 1990), was physically present in 
                        the United States on May 5, 1988, and 
                        is seeking admission as an immediate 
                        relative or under section 203(a)(2) 
                        (including under section 112 of the 
                        Immigration Act of 1990) or benefits 
                        under section 301(a) of the Immigration 
                        Act of 1990 if the alien, before May 5, 
                        1988, has encouraged, induced, 
                        assisted, abetted, or aided only the 
                        alien's spouse, parent, son, or 
                        daughter (and no other individual) to 
                        enter the United States in violation of 
                        law.
                          (iii) Waiver authorized.--The 
                        Attorney General may, in his discretion 
                        for humanitarian purposes, to assure 
                        family unity, or when it is otherwise 
                        in the public interest, waive 
                        application of clause (i) in the case 
                        of any alien lawfully admitted for 
                        permanent residence if the alien has 
                        encouraged, induced, assisted, abetted, 
                        or aided only an individual who at the 
                        time of the offense was the alien's 
                        spouse, parent, son, or daughter (and 
                        no other individual) to enter the 
                        United States in violation of law.
                  (G) Marriage fraud.--An alien shall be 
                considered to be deportable as having procured 
                a visa or other documentation by fraud (within 
                the meaning of section 212(a)(6)(C)(i)) and to 
                be in the United States in violation of this 
                Act (within the meaning of subparagraph (B)) 
                if--
                          (i) the alien obtains any admission 
                        into the United States with an 
                        immigrant visa or other documentation 
                        procured on the basis of a marriage 
                        entered into less than 2 years prior to 
                        such admission of the alien and which, 
                        within 2 years subsequent to any 
                        admission of the alien in the United 
                        States, shall be judicially annulled or 
                        terminated, unless the alien 
                        establishes to the satisfaction of the 
                        Attorney General that such marriage was 
                        not contracted for the purpose of 
                        evading any provisions of the 
                        immigration laws, or
                          (ii) it appears to the satisfaction 
                        of the Attorney General that the alien 
                        has failed or refused to fulfill the 
                        alien's marital agreement which in the 
                        opinion of the Attorney General was 
                        made for the purpose of procuring the 
                        alien's admission as an immigrant.
                  (H) Waiver authorized for certain 
                misrepresentations.--The provisions of this 
                paragraph relating to the removal of aliens 
                within the United States on the ground that 
                they were inadmissible at the time of admission 
                as aliens described in section 212(a)(6)(C)(i), 
                whether willful or innocent, may, in the 
                discretion of the Attorney General, be waived 
                for any alien (other than an alien described in 
                paragraph (4)(D)) who--
                          (i)(I) is the spouse, parent, son, or 
                        daughter of a citizen of the United 
                        States or of an alien lawfully admitted 
                        to the United States for permanent 
                        residence; and
                          (II) was in possession of an 
                        immigrant visa or equivalent document 
                        and was otherwise admissible to the 
                        United States at the time of such 
                        admission except for those grounds of 
                        inadmissibility specified under 
                        paragraphs (5)(A) and (7)(A) of section 
                        212(a) which were a direct result of 
                        that fraud or misrepresentation.
                          (ii) is a VAWA self-petitioner.
                A waiver of removal for fraud or 
                misrepresentation granted under this 
                subparagraph shall also operate to waive 
                removal based on the grounds of inadmissibility 
                directly resulting from such fraud or 
                misrepresentation.
          (2) Criminal offenses.--
                  (A) General crimes.--
                          (i) Crimes of moral turpitude.--Any 
                        alien who--
                                  (I) is convicted of a crime 
                                involving moral turpitude 
                                committed within five years (or 
                                10 years in the case of an 
                                alien provided lawful permanent 
                                resident status under section 
                                245(j)) after the date of 
                                admission, and
                                  (II) is convicted of a crime 
                                for which a sentence of one 
                                year or longer may be imposed,
                        is deportable.
                          (ii) Multiple criminal convictions.--
                        Any alien who at any time after 
                        admission is convicted of two or more 
                        crimes involving moral turpitude, not 
                        arising out of a single scheme of 
                        criminal misconduct, regardless of 
                        whether confined therefor and 
                        regardless of whether the convictions 
                        were in a single trial, is deportable.
                          (iii) Aggravated felony.--Any alien 
                        who is convicted of an aggravated 
                        felony at any time after admission is 
                        deportable.
                          (iv) High speed flight.--Any alien 
                        who is convicted of a violation of 
                        section 758 of title 18, United States 
                        Code (relating to high speed flight 
                        from an immigration checkpoint), is 
                        deportable.
                          (v) Failure to register as a sex 
                        offender.--Any alien who is convicted 
                        under section 2250 of title 18, United 
                        States Code, is deportable.
                          (vi) Waiver authorized.--Clauses (i), 
                        (ii), and (iii) shall not apply in the 
                        case of an alien with respect to a 
                        criminal conviction if the alien 
                        subsequent to the criminal conviction 
                        has been granted a full and 
                        unconditional pardon by the President 
                        of the United States or by the Governor 
                        of any of the several States.
                  (B) Controlled substances.--
                          (i) Conviction.--Any alien who at any 
                        time after admission has been convicted 
                        of a violation of (or a conspiracy or 
                        attempt to violate) any law or 
                        regulation of a State, the United 
                        States, or a foreign country relating 
                        to a controlled substance (as defined 
                        in section 102 of the Controlled 
                        Substances Act (21 U.S.C. 802)), other 
                        than a single offense involving 
                        possession for one's own use of 30 
                        grams or less of marijuana, is 
                        deportable.
                          (ii) Drug abusers and addicts.--Any 
                        alien who is, or at any time after 
                        admission has been, a drug abuser or 
                        addict is deportable.
                  (C) Certain firearm offenses.--Any alien who 
                at any time after admission is convicted under 
                any law of purchasing, selling, offering for 
                sale, exchanging, using, owning, possessing, or 
                carrying, or of attempting or conspiring to 
                purchase, sell, offer for sale, exchange, use, 
                own, possess, or carry, any weapon, part, or 
                accessory which is a firearm or destructive 
                device (as defined in section 921(a) of title 
                18, United States Code) in violation of any law 
                is deportable.
                  (D) Miscellaneous crimes.--Any alien who at 
                any time has been convicted (the judgment on 
                such conviction becoming final) of, or has been 
                so convicted of a conspiracy or attempt to 
                violate--
                          (i) any offense under chapter 37 
                        (relating to espionage), chapter 105 
                        (relating to sabotage), or chapter 115 
                        (relating to treason and sedition) of 
                        title 18, United States Code, for which 
                        a term of imprisonment of five or more 
                        years may be imposed;
                          (ii) any offense under section 871 or 
                        960 of title 18, United States Code;
                          (iii) a violation of any provision of 
                        the Military Selective Service Act (50 
                        U.S.C. App. 451 et seq.) or the Trading 
                        With the Enemy Act (50 U.S.C. App. 1 et 
                        seq.); or
                          (iv) a violation of section 215 or 
                        278 of this Act,
                is deportable.
                  (E) Crimes of domestic violence, stalking, or 
                violation of protection order, crimes against 
                children and.--
                          (i) Domestic violence, stalking, and 
                        child abuse.--Any alien who at any time 
                        after admission is convicted of a crime 
                        of domestic violence, a crime of 
                        stalking, or a crime of child abuse, 
                        child neglect, or child abandonment is 
                        deportable. For purposes of this 
                        clause, the term ``crime of domestic 
                        violence'' means any crime of violence 
                        (as defined in section 16 of title 18, 
                        United States Code) against a person 
                        committed by a current or former spouse 
                        of the person, by an individual with 
                        whom the person shares a child in 
                        common, by an individual who is 
                        cohabiting with or has cohabited with 
                        the person as a spouse, by an 
                        individual similarly situated to a 
                        spouse of the person under the domestic 
                        or family violence laws of the 
                        jurisdiction where the offense occurs, 
                        or by any other individual against a 
                        person who is protected from that 
                        individual's acts under the domestic or 
                        family violence laws of the United 
                        States or any State, Indian tribal 
                        government, or unit of local 
                        government.
                          (ii) Violators of protection 
                        orders.--Any alien who at any time 
                        after admission is enjoined under a 
                        protection order issued by a court and 
                        whom the court determines has engaged 
                        in conduct that violates the portion of 
                        a protection order 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 deportable. For purposes of 
                        this clause, the term ``protection 
                        order'' means any injunction issued for 
                        the purpose of preventing violent or 
                        threatening acts of domestic violence, 
                        including temporary or final orders 
                        issued by civil or criminal courts 
                        (other than support or child custody 
                        orders or provisions) whether obtained 
                        by filing an independent action or as a 
                        pendente lite order in another 
                        proceeding.
                  (F) Trafficking.--Any alien described in 
                section 212(a)(2)(H) is deportable.
                  (G) Assault of law enforcement officer.--
                          (i) In general.--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 
                        assault of a law enforcement officer is 
                        deportable.
                          (ii) Circumstances.--The 
                        circumstances referred to in clause (i) 
                        are that the law enforcement officer 
                        was assaulted--
                                  (I) while he or she was 
                                engaged in the performance of 
                                his or her official duties;
                                  (II) because of the 
                                performance of his or her 
                                official duties; or
                                  (III) because of his or her 
                                status as a law enforcement 
                                officer.
                          (iii) Definitions.--In this 
                        subparagraph--
                                  (I) the term ``assault'' has 
                                the meaning given that term in 
                                the jurisdiction where the act 
                                occurred; and
                                  (II) the term ``law 
                                enforcement officer'' is a 
                                person authorized by law--
                                          (aa) to apprehend, 
                                        arrest, or prosecute an 
                                        individual for any 
                                        criminal violation of 
                                        law; or
                                          (bb) to be a 
                                        firefighter or other 
                                        first responder.
          (3) Failure to register and falsification of 
        documents.--
                  (A) Change of address.--An alien who has 
                failed to comply with the provisions of section 
                265 is deportable, unless the alien establishes 
                to the satisfaction of the Attorney General 
                that such failure was reasonably excusable or 
                was not willful.
                  (B) Failure to register or falsification of 
                documents.--Any alien who at any time has been 
                convicted--
                          (i) under section 266(c) of this Act 
                        or under section 36(c) of the Alien 
                        Registration Act, 1940,
                          (ii) of a violation of, or an attempt 
                        or a conspiracy to violate, any 
                        provision of the Foreign Agents 
                        Registration Act of 1938 (22 U.S.C. 611 
                        et seq.), or
                          (iii) of a violation of, or an 
                        attempt or a conspiracy to violate, 
                        section 1546 of title 18, United States 
                        Code (relating to fraud and misuse of 
                        visas, permits, and other entry 
                        documents),
                is deportable.
                  (C) Document fraud.--
                          (i) In general.--An alien who is the 
                        subject of a final order for violation 
                        of section 274C is deportable.
                          (ii) Waiver authorized.--The Attorney 
                        General may waive clause (i) in the 
                        case of an alien lawfully admitted for 
                        permanent residence if no previous 
                        civil money penalty was imposed against 
                        the alien under section 274C and the 
                        offense was incurred solely to assist, 
                        aid, or support the alien's spouse or 
                        child (and no other individual). No 
                        court shall have jurisdiction to review 
                        a decision of the Attorney General to 
                        grant or deny a waiver under this 
                        clause.
                  (D) Falsely claiming citizenship.--
                          (i) In general.--Any alien who 
                        falsely represents, or has falsely 
                        represented, himself to be a citizen of 
                        the United States for any purpose or 
                        benefit under this Act (including 
                        section 274A) or any Federal or State 
                        law is deportable.
                          (ii) Exception.--In the case of an 
                        alien making a representation described 
                        in clause (i), if each natural parent 
                        of the alien (or, in the case of an 
                        adopted alien, each adoptive parent of 
                        the alien) is or was a citizen (whether 
                        by birth or naturalization), the alien 
                        permanently resided in the United 
                        States prior to attaining the age of 
                        16, and the alien reasonably believed 
                        at the time of making such 
                        representation that he or she was a 
                        citizen, the alien shall not be 
                        considered to be deportable under any 
                        provision of this subsection based on 
                        such representation.
          (4) Security and related grounds.--
                  (A) In general.--Any alien who has engaged, 
                is engaged, or at any time after admission 
                engages in--
                          (i) any activity to violate any law 
                        of the United States relating to 
                        espionage or sabotage or to violate or 
                        evade any law prohibiting the export 
                        from the United States of goods, 
                        technology, or sensitive information,
                          (ii) any other criminal activity 
                        which endangers public safety or 
                        national security, or
                          (iii) any activity a purpose of which 
                        is the opposition to, or the control or 
                        overthrow of, the Government of the 
                        United States by force, violence, or 
                        other unlawful means,
                is deportable.
                  (B) Terrorist activities.--Any alien who is 
                described in subparagraph (B) or (F) of section 
                212(a)(3) is deportable.
                  (C) Foreign policy.--
                          (i) In general.--An alien whose 
                        presence or activities in the United 
                        States the Secretary of State has 
                        reasonable ground to believe would have 
                        potentially serious adverse foreign 
                        policy consequences for the United 
                        States is deportable.
                          (ii) Exceptions.--The exceptions 
                        described in clauses (ii) and (iii) of 
                        section 212(a)(3)(C) shall apply to 
                        deportability under clause (i) in the 
                        same manner as they apply to 
                        inadmissibility under section 
                        212(a)(3)(C)(i).
                  (D) Participated in nazi persecution, 
                genocide, or the commission of any act of 
                torture or extrajudicial killing.--Any alien 
                described in clause (i), (ii), or (iii) of 
                section 212(a)(3)(E) is deportable.
                  (E) Participated in the commission of severe 
                violations of religious freedom.--Any alien 
                described in section 212(a)(2)(G) is 
                deportable.
                  (F) Recruitment or use of child soldiers.--
                Any alien who has engaged in the recruitment or 
                use of child soldiers in violation of section 
                2442 of title 18, United States Code, is 
                deportable.
          (5) Public charge.--Any alien who, within five years 
        after the date of entry, has become a public charge 
        from causes not affirmatively shown to have arisen 
        since entry is deportable.
          (6) Unlawful voters.--
                  (A) In general.--Any alien who has voted in 
                violation of any Federal, State, or local 
                constitutional provision, statute, ordinance, 
                or regulation is deportable.
                  (B) Exception.--In the case of an alien who 
                voted in a Federal, State, or local election 
                (including an initiative, recall, or 
                referendum) in violation of a lawful 
                restriction of voting to citizens, if each 
                natural parent of the alien (or, in the case of 
                an adopted alien, each adoptive parent of the 
                alien) is or was a citizen (whether by birth or 
                naturalization), the alien permanently resided 
                in the United States prior to attaining the age 
                of 16, and the alien reasonably believed at the 
                time of such violation that he or she was a 
                citizen, the alien shall not be considered to 
                be deportable under any provision of this 
                subsection based on such violation.
          (7) Waiver for victims of domestic violence.--
                  (A) In general.--The Attorney General is not 
                limited by the criminal court record and may 
                waive the application of paragraph (2)(E)(i) 
                (with respect to crimes of domestic violence 
                and crimes of stalking) and (ii) in the case of 
                an alien who has been battered or subjected to 
                extreme cruelty and who is not and was not the 
                primary perpetrator of violence in the 
                relationship--
                          (i) upon a determination that--
                                  (I) the alien was acting is 
                                self-defense;
                                  (II) the alien was found to 
                                have violated a protection 
                                order intended to protect the 
                                alien; or
                                  (III) the alien committed, 
                                was arrested for, was convicted 
                                of, or pled guilty to 
                                committing a crime--
                                          (aa) that did not 
                                        result in serious 
                                        bodily injury; and
                                          (bb) where there was 
                                        a connection between 
                                        the crime and the 
                                        alien's having been 
                                        battered or subjected 
                                        to extreme cruelty.
                  (B) Credible evidence considered.--In acting 
                on applications under this paragraph, the 
                Attorney General shall consider any credible 
                evidence relevant to the application. The 
                determination of what evidence is credible and 
                the weight to be given that evidence shall be 
                within the sole discretion of the Attorney 
                General.
  (b) An alien, admitted as an nonimmigrant under the 
provisions of either section 101(a)(15)(A)(i) or 
101(a)(15)(G)(i), and who fails to maintain a status under 
either of those provisions, shall not be required to depart 
from the United States without the approval of the Secretary of 
State, unless such alien is subject to deportation under 
paragraph (4) of subsection (a).
  (c) Paragraphs (1)(A), (1)(B), (1)(C), (1)(D), and (3)(A) of 
subsection (a) (other than so much of paragraph (1) as relates 
to a ground of inadmissibility described in paragraph (2) or 
(3) of section 212(a)) shall not apply to a special immigrant 
described in section 101(a)(27)(J) based upon circumstances 
that existed before the date the alien was provided such 
special immigrant status.
  (d)(1) If the Secretary of Homeland Security determines that 
an application for nonimmigrant status under subparagraph (T) 
or (U) of section 101(a)(15) filed for an alien in the United 
States sets forth a prima facie case for approval, the 
Secretary may grant the alien an administrative stay of a final 
order of removal under section 241(c)(2) until--
          (A) the application for nonimmigrant status under 
        such subparagraph (T) or (U) is approved; or
          (B) there is a final administrative denial of the 
        application for such nonimmigrant status after the 
        exhaustion of administrative appeals.
  (2) The denial of a request for an administrative stay of 
removal under this subsection shall not preclude the alien from 
applying for a stay of removal, deferred action, or a 
continuance or abeyance of removal proceedings under any other 
provision of the immigration laws of the United States.
  (3) During any period in which the administrative stay of 
removal is in effect, the alien shall not be removed.
  (4) Nothing in this subsection may be construed to limit the 
authority of the Secretary of Homeland Security or the Attorney 
General to grant a stay of removal or deportation in any case 
not described in this subsection.

           *       *       *       *       *       *       *


                             Minority Views

    Assaulting a law enforcement officer is a serious offense 
and it cannot be tolerated. If this bill closed an actual gap 
in current law and made our country safer, Democrats would have 
gladly supported it. Unfortunately, this bill represents 
another unserious attempt by our Republican colleagues to 
target and scapegoat immigrants, and to score cheap political 
points for Police Week, while doing nothing to actually protect 
law enforcement officers.
    Furthermore, despite what the Republican Majority spent 
most of its time talking about at markup, this bill is not 
about undocumented immigrants, who are already removable. This 
bill applies largely to people who have been lawfully admitted 
to the country, people who have set down roots and established 
themselves in the United States. For years, we have had a 
bipartisan understanding that individuals like these should 
only be deported for a serious offense. This bill breaks down 
that understanding.
    This bill is a solution in search of a problem. People who 
are convicted of serious assaults of law enforcement officials 
are already deportable. Around the country, serious assaults on 
law enforcement officers are considered felonies. Felony 
convictions are punishable by one year or more in person. Under 
current immigration law, a Crime Involving Moral Turpitude 
(CIMT) conviction where the crime is punishable by one year or 
more and a crime of violence aggravated felony conviction where 
an individual is imprisoned for a year both make an individual 
deportable.\1\ As such, serious assaults on law enforcement 
officers already make someone deportable under current law. 
This bill does not protect law enforcement officers from some 
new and looming threat.
---------------------------------------------------------------------------
    \1\INA Sec.  237(a)(2).
---------------------------------------------------------------------------
    But because this bill is so broadly drafted, people who 
pose no real danger to law enforcement will now become subject 
to deportation. The bill does not include any requirement that 
the assault actually cause harm. No actual physical injury 
would be required. Without any limitations, this could lead to 
absurd results. For example, under the terms of this bill, a 
green card holder in a fire who pushes a firefighter out of the 
way of a falling beam would have committed assault and would 
become deportable. Likewise, if a foreign student whose 
religion prohibits blood transfusions is receiving medical care 
from an Emergency Medical Technician (EMT) and he swats the 
EMT's hand away because she is trying to give him a blood 
transfusion, that student will have committed the elements of 
an assault on a law enforcement officer and become deportable 
under this bill.
    The bill does not require that the individual be convicted 
of the crime, simply that the assault or act constituting 
assault was committed and that the individual admits to the 
commission. In the above scenarios, the noncitizen would likely 
have no apprehension admitting what they did, without realizing 
that it would render them deportable. This is in stark contrast 
to every other criminal deportability ground in Section 237 of 
the INA, except for the human trafficking grounds.\2\ All other 
circumstances require a criminal conviction to render a 
noncitizen deportable.
---------------------------------------------------------------------------
    \2\Id.
---------------------------------------------------------------------------
    At markup, Representative Jayapal offered amendments to 
require a conviction for assault before a person can be 
deported under this new standard. Ranking Member Nadler offered 
an amendment to require an element of intent--i.e., that the 
person actually intend to harm a law enforcement officer prior 
to being removed under this broad new standard. Either change 
would have made this bill more reasonable. Republicans defeated 
both amendments on party line votes. Complicating matters 
further, rather than define the term ``assault,'' the bill 
defers to whatever definition is used in the jurisdiction in 
which the act occurred. Because some states and the District of 
Columbia define assault on a law enforcement officer as a 
misdemeanor, this would mean that a noncitizen with such a 
conviction could be rendered deportable for a single 
misdemeanor. Under current law, one misdemeanor alone is not 
sufficient grounds for deportation. This bill would change 
that.
    The Majority argued during markup that prosecutorial 
discretion would be exercised in cases of minor assaults that 
do not cause harm. However, even under current law, crimes a 
judge referred to as ``small potatoes'' can lead to protracted 
removal cases.\3\ For example, in 2001, a green card holder 
named Carlos Garcia-Meza was convicted of ``aggravated 
assault'' of a police officer.\4\ According to the Seventh 
Circuit Court of Appeals, his crime was that he asked for the 
officer's name while moving his hand toward the officer's 
nametag. The officer pushed his hand away, and Mr. Garcia-Meza 
ended up grabbing and twisting the officer's fingers. The 
officer was not injured, and Mr. Garcia-Meza received two 
years' probation.\5\ Nevertheless, because Mr. Garcia-Meza 
pleaded guilty and was convicted of aggravated assault, he was 
rendered deportable, and both an immigration judge and the 
Board of Immigration Appeals ordered him removed. The Seventh 
Circuit remanded his case back to the BIA because ``an assault 
or battery on a police officer without bodily harm or other 
violence, or the intent to cause harm or use violence (also 
absent here), should not be included among crimes of moral 
turpitude.''\6\ If this bill were to become law, such analysis 
could not be considered, and Mr. Garcia-Meza would have to be 
deported.
---------------------------------------------------------------------------
    \3\Garcia-Meza v. Mukasey, 516 F.3d 535 (7th Cir. 2008).
    \4\Id.
    \5\Id. at 536.
    \6\Id. at 538.
---------------------------------------------------------------------------
    Mr. Ivey offered an amendment that would have allowed 
adjudicators to consider a variety of mitigating factors in an 
attempt to avoid the unintended consequences of this 
legislation, which was rejected on a party-line vote.
    H.R. 2494 is an overbroad unnecessary piece of legislation 
that would have significant unintended consequences for long-
term residents of this county. Instead of working with 
Democrats to advance bipartisan legislation, the Majority has 
once again advanced a fundamentally unserious proposal to close 
an imaginary gap in the law.
    For all of these reasons, I dissent, and I urge all of my 
colleagues to oppose this legislation.

                                            Jerrold Nadler,
                                                    Ranking Member.