Bill brief/HR5713/119th Congress
Some non-citizens with listed crimes or gang ties could face faster deportation
Official title
Expedited Removal of Criminal Aliens Act
H.R. 5713 would change immigration law so that certain non‑citizens with gang ties, terrorist ties, or specific criminal convictions can be quickly detained and deported. It also blocks these non‑citizens from a protection called “withholding of removal.” The bill was introduced in the House and sent to the Judiciary Committee.
Bill
HR5713
Introduced
Date not available
Sponsor
Sponsor not listed
Chamber
House
What the bill does
What this bill does
The bill adds a new section, 238A, to the Immigration and Nationality Act. It lets the Department of Homeland Security (DHS) use fast‑track removal procedures and mandatory detention for certain non‑citizens. These procedures would apply if DHS decides that a person is a member of a criminal gang or criminal organization, belongs to a designated foreign terrorist organization, has supported such a group, or has been convicted of specific kinds of crimes.
The listed crimes include any felony; any misdemeanor against a person in a “vulnerable group” (children under 16, pregnant women, people with severe disabilities, and people over 65); assault of a law enforcement officer; any sexual offense; domestic violence crimes; stalking; crimes against children (such as sex trafficking of a minor or sexual abuse of a minor); activities involving sexual exploitation of minors; and violations of protection orders. If DHS determines that a non‑citizen fits one of these categories, the person must be detained and is made subject to expedited removal.
The bill also states that these individuals cannot receive “withholding of removal,” a form of protection that can prevent someone from being sent back to a country where they might face serious harm. The bill updates the table of contents of the Immigration and Nationality Act to include this new section, but it does not itself create new funding or agencies. It focuses on who qualifies for faster deportation and on limiting access to one specific type of relief from removal.
Key provisions
- The bill adds a new section to federal immigration law. It sets rules for fast-track deportation of certain non-citizens.
- The Department of Homeland Security would have to detain some non-citizens. This applies if the department says they are gang members, criminal organization members, members of listed foreign terrorist groups, or supporters of those terrorist groups.
- Non-citizens convicted of any felony could be put in fast-track deportation.
- Some misdemeanors would also count if the victim is in a listed vulnerable group. That includes children under 16, pregnant people, people with severe physical or mental disabilities, and adults over 65.
- Fast-track deportation would also cover assaulting a law enforcement officer, sex crimes, domestic violence, stalking, crimes against children, and protection order violations.
- Any activity involving sexual exploitation of minors would be a reason for fast-track deportation.
- People covered by this new rule could not get withholding of removal. That protection can stop deportation to a country where someone may face serious harm.
- The bill does not create new agencies or new funding. It changes current immigration enforcement powers and procedures.
Impact
Why it matters—and who it affects
Why it matters
This bill could change how quickly some non‑citizens with certain criminal records or alleged ties to gangs or terrorist groups are removed from the United States. It gives DHS clearer authority to detain them and move them through a faster process, instead of the regular, often longer, immigration court system. This may affect how immigration officers and courts handle cases that involve serious crimes, domestic violence, or crimes against children. The bill also affects access to protections for people who might fear harm in their home countries. By making these individuals ineligible for withholding of removal, the bill narrows the options they have to stay in the United States based on risk of persecution or serious harm abroad. The full impact on public safety, immigration detention levels, and people seeking protection is not specified in the text and would depend on how the law is applied in practice.
Who it affects
This bill mainly affects non-citizens who have certain criminal convictions or who immigration officials link to gangs or terrorist groups. It also affects people seeking protection from being sent to a country where they may face serious harm. Immigration officers, immigration judges, detention facilities, and communities affected by the listed crimes would also feel the change.
The debate
The case for it—and the concerns
These are the main arguments surrounding the bill, not Modern Action’s position.
Arguments in support
- It targets non‑citizens who have committed serious crimes or are linked to gangs or terrorist groups, which some see as a way to improve public safety.
- Expedited removal and mandatory detention may reduce the time and resources spent on lengthy immigration court proceedings for people with serious criminal histories.
- Including crimes against vulnerable groups, children, and domestic violence offenses may be viewed as offering extra protection to those populations.
- Making these individuals ineligible for withholding of removal could prevent people with serious criminal backgrounds from using certain protections to remain in the United States.
- Clear statutory rules may give DHS and immigration judges more certainty in how to handle these types of cases.
Concerns and tradeoffs
- Broad use of expedited removal and mandatory detention may limit case‑by‑case review and reduce procedural protections for affected non‑citizens.
- The bill relies on DHS determinations about gang or terrorist membership and support, which some may worry could be based on incomplete or mistaken information.
- Making a wide range of offenses, including any felony and some misdemeanors, grounds for fast‑track removal could be viewed as too sweeping and affecting people with varied circumstances.
- Blocking access to withholding of removal may increase the risk that some individuals are returned to countries where they could face persecution or serious harm.
- The bill does not address safeguards for people who might be wrongly identified or who have strong family and community ties in the United States.
- The bill defines a special category of “vulnerable group” and then uses misdemeanors against people in this group as a trigger for expedited removal, which may sweep in some lower‑level offenses.
- Violations of protection orders, as defined by each local jurisdiction, can trigger expedited removal, even though the nature and severity of such violations can vary widely.
- The ineligibility for withholding of removal applies across the entire Immigration and Nationality Act, not just within the new section, which may have broader consequences for how humanitarian relief is granted.
Check the details
Key facts
- Creates a new section 238A in the Immigration and Nationality Act to govern expedited removal for certain non‑citizens.
- Requires mandatory detention for non‑citizens DHS determines are criminal gang or criminal organization members, members of designated foreign terrorist organizations, or supporters of such terrorist organizations.
- Extends expedited removal procedures to non‑citizens convicted of any felony.
- Covers misdemeanors committed against defined “vulnerable groups,” including children under 16, pregnant women, people with severe physical or mental disabilities, and adults over 65.
- Includes assault of a law enforcement officer, sexual offenses, domestic violence crimes, stalking offenses, crimes against children, and violations of protection orders as grounds for expedited removal.
- Makes any activity involving the sexual exploitation of minors a ground for expedited removal.
- States that non‑citizens subject to this new section are ineligible for withholding of removal under any provision of the Immigration and Nationality Act.
- Does not establish new funding streams or agencies; it modifies existing enforcement authorities and procedures.
Legislative record
How far the bill has moved
Awaiting House floor consideration
Placed on the Union Calendar, Calendar No. 477. · Mar 18, 2026
- Introduced
- House Committee
- 3House Floor Vote
- 4Passed House
- 5Senate Review
- 6Passed Both Chambers
- 7Signed into Law
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