PolicyBrief
H.R. 31
119th CongressJan 3rd 2025
POLICE Act of 2025
IN COMMITTEE

The POLICE Act of 2025 would make any immigrant deportable if they assault a law enforcement officer and requires the Secretary of Homeland Security to submit an annual report to Congress detailing the number of aliens deported for assaulting a law enforcement officer.

Andrew Garbarino
R

Andrew Garbarino

Representative

NY-2

LEGISLATION

POLICE Act of 2025: New Bill Makes Assaulting a Law Enforcement Officer a Deportable Offense

The POLICE Act of 2025 significantly expands the grounds for deporting immigrants, focusing on interactions with law enforcement officers. Specifically, the bill makes any immigrant deportable if they've been convicted of, admitted to committing, or even admitted to acts that could be considered assault against a law enforcement officer. This is a big deal, and here's why.

Broadening the Scope of Deportation

The core of the bill, found in Section 2, dramatically lowers the threshold for deportation. It's not just about convictions anymore. An immigrant could be deported for admitting to actions that might constitute assault, even if they were never formally charged or convicted. The definition of "assault" is determined by the jurisdiction where the alleged incident occurred, which means the bar for what counts as assault could vary widely across the country, and even within the same state. Also, the term "law enforcement officer" isn't limited to just police officers; it includes a wide range of personnel, from firefighters to potentially any first responder.

Real-World Impact: Uncertainty and Potential for Abuse

Consider this: a verbal altercation with a parking enforcement officer, a misunderstanding during a traffic stop, or even a minor scuffle where no one is seriously hurt could potentially lead to deportation proceedings. The bill's language, particularly the phrase "admit to acts that constitute," is vague. This opens the door to potentially coercive tactics during questioning or investigations. Imagine an immigrant, perhaps with limited English proficiency, being pressured into admitting to something they don't fully understand, leading to their deportation. It's not hard to see how this could create fear and distrust within immigrant communities.

Even something as simple as a heated exchange at a protest, if it involves someone later identified as a law enforcement officer (broadly defined), could have devastating consequences under this law. The bill does require an annual report (Section 3) on the number of deportations under this provision, but that's more of an after-the-fact accounting than a preventative measure against potential overreach. The law could drastically impact an immigrant's ability to get a fair shake if there is an accusation, and the consequences could be as severe as deportation.

Challenges and Connections

This bill significantly alters the existing immigration framework by adding a new category of deportable offenses. It also raises serious questions about due process. While protecting law enforcement is a valid concern, the POLICE Act of 2025, as written, seems to cast a very wide net, potentially leading to unjust deportations based on minor incidents or misunderstandings, and that's something everyone, regardless of their immigration status, should be aware of.