The Justice for Jocelyn Act mandates GPS tracking and curfews for aliens in Alternatives to Detention programs, and orders removal for those who fail to comply with release orders. It also restricts participation in Alternatives to Detention programs.
Troy Nehls
Representative
TX-22
The Justice for Jocelyn Act aims to limit participation in Alternatives to Detention programs, mandating GPS tracking and curfew requirements for aliens in the program. It requires that all detention beds are full and no other detention options are available before an alien can participate in alternative programs. The Act also mandates the removal of aliens who fail to comply with release orders and ensures that if any part of the Act is found unconstitutional, the remaining parts will still be valid.
This new bill, the "Justice for Jocelyn Act," makes some major changes to how immigrants awaiting court dates are handled. It basically says that Immigration and Customs Enforcement (ICE) must detain people unless all detention beds are completely full, and they've tried every possible way to detain someone. If those conditions are met, then and only then can ICE use alternatives to detention.
Section 2 of the bill is all about limiting "Alternatives to Detention" (ATD) programs. Think ankle monitors, check-in apps, that kind of thing. The bill says ICE has to fill every single detention bed first before even considering ATD. They also have to prove they've made "all reasonable efforts" to detain people. This could mean way more people in detention centers, even if they aren't considered dangerous or a flight risk.
Section 3 gets into the real nitty-gritty. If you're an immigrant on the "nondetained docket" (meaning you're not locked up), this bill mandates you're on GPS monitoring 24/7. This isn't just until your first hearing – it's until your entire immigration case is done, including any appeals. And if you're ordered removed? The GPS stays on until you're actually deported. It gets even more restrictive. They are not only tracking you, but they are also imposing a curfew. You have to be at your "approved home address" between 10 p.m. and 5 a.m., every single night. For someone working a night shift at a warehouse, a hospital, or even driving for a ride-sharing service, this could mean losing their job.
Section 4 is where things get really serious. If an ICE officer says you violated any condition of your release – even a minor one – and sends an affidavit to an immigration judge, you can be ordered removed "in absentia." That means you're deported without even being present at a hearing. Miss a check-in because your phone died? Potentially deported. Late to an appointment because of a flat tire? Potentially deported. The bill doesn't specify what counts as a violation, leaving it wide open to interpretation.
Section 5 is a "severability clause." Basically, it's a safety net for the bill. If a court finds one part unconstitutional, the rest of the law still stands. This means even if the GPS tracking is challenged, the restrictions on ATD or the in absentia removal could still be enforced.
This bill represents a significant shift towards stricter immigration enforcement, prioritizing detention and surveillance. While it might reduce the number of people who fail to appear for court dates, it raises serious questions about privacy, due process, and the potential for overreach. For asylum seekers or those with legitimate reasons for missing an appointment, this bill could have life-altering consequences.