119-HR3859

Bill is currently in: House
Path to Law
House Senate President

119th CONGRESS

1st Session

H. R. 3859

1. Short title
2. Removal of aliens who incite or participate in assaults against law enforcement during civil unrest
3. Permanent inadmissibility
4. No waivers or relief
5. Enhanced enforcement during declared emergencies
6. Expedited removal authority
7. Mandatory detention of aliens pending approval
8. Effective date

1. Short title

This Act may be cited as the "Returning Illegals over Turmoil Act".

2. Removal of aliens who incite or participate in assaults against law enforcement during civil unrest

Section 237(a) of the Immigration and Nationality Act (8 U.S.C. 1227(a)) is amended by adding at the end the following:

(8) Aliens who incite or participate in assaults during civil unrest -

(A) In general - Any alien described in subparagraph (B) shall be deportable;

(B) Aliens described - An alien is described in this subparagraph if—

(i) - the alien has been convicted of, or admits to having committed acts that constitute, incitement to violence or physical participation in a riot or civil disturbance under Federal, State, and local law; or

(ii) - the acts involved—

(I) - an actual or attempted assault, battery, or use of force against a law enforcement officer, including officers of the United States, a State, municipality, or tribal government; and

(II) - an actual or attempted assault, battery, or use of force against a member of the Armed Forces of the United States, including during the performance of official duties or while in uniform; or

(III) - the willful destruction, defacement, or vandalism of public property, including structures, vehicles, or facilities owned or operated by the Federal Government, a State or local government, including law enforcement or emergency service vehicles, government buildings, transit systems, and monuments, and

(iii) - the alien was unlawfully present in the United States, was a recipient of deferred action under the Deferred Action for Childhood Arrivals (DACA) Policy, or a lawful permanent resident at the time of the offense.

3. Permanent 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:

(J) Aliens convicted of riot-related offenses against law enforcement - Any alien who has been removed under section 237(a)(8) shall be permanently inadmissible to the United States.

4. No waivers or relief

(a) Ineligibility for discretionary relief - An alien described under section 237(a)(8) shall not be eligible for any form of relief from removal or adjustment of status, including but not limited to—

(1) - asylum,

(2) - cancellation of removal,

(3) - adjustment of status,

(4) - withholding of removal, or

(5) - deferred action or prosecutorial discretion.

(b) DACA barred - No alien removed under this act shall be eligible for future benefits under DACA.

5. Enhanced enforcement during declared emergencies

(a) mandatory enforcement during emergencies - The provisions of this act shall be applied without discretion during any period in which:

(1) - The President has declared a national emergency under the National Emergencies Act (50 U.S.C. 1601 et seq.);

(2) - A major disaster is in effect under the Stafford Act (42 U.S.C. 68 et seq.); or

(3) - A state of emergency has been declared by a Governor or mayor in the jurisdiction where the offense occurred.

6. Expedited removal authority

- During the pendency of any emergency described in section 5, the Secretary of Homeland Security may designate offenses described in section 237(a)(8) as grounds for expedited removal under section 238 of the Immigration and Nationality Act.

7. Mandatory detention of aliens pending approval

- Section 236(c)(1) of the Immigration and Nationality Act (8 U.S.C. 1226(c)(1)) is amended by adding at the end the following new subparagraph:

(F) - is described in section in section 237(a)(8) (aliens who incite or participate in assaults against law enforcement or military personnel during civil unrest).

8. Effective date

- This Act shall take effect upon enactment and shall apply to offenses committed on or after such date.