New Bill Creates 'Fast Track' Deportation for Any Felony or Specific Misdemeanors Against Vulnerable Groups

The Expedited Removal of Criminal Aliens Act introduces a new, faster way for immigration officials to deport non-citizens, specifically those deemed “criminal aliens.” The core of the bill is the creation of a new section in immigration law, 238A, which allows officials to immediately initiate mandatory detention and removal proceedings if they determine someone meets specific criteria, bypassing many of the existing legal hurdles.

The New Criteria: Wide Net for Removal

So, who is covered by this new fast track? The bill casts a wide net, targeting non-citizens involved with criminal gangs or foreign terrorist organizations. Crucially, it also targets anyone who has been convicted of any felony or a specific list of misdemeanors. This list of misdemeanors is focused on offenses like assault against a police officer, sexual offenses, domestic violence, stalking, and crimes against children. What’s new here is the addition of misdemeanors committed against a “vulnerable group,” which the bill defines clearly as children under 16, pregnant women, people over 65, or those with severe physical or mental disabilities. This means a relatively minor offense that might have previously resulted in a fine or short jail sentence could now trigger immediate deportation if it happened to involve someone in one of these groups.

Cutting Off the Appeals

This is where the rubber meets the road. If an individual is determined to fall into one of these categories—say, they have a single felony conviction from years ago—the bill explicitly states that they cannot ask for their removal to be stopped or delayed under any other existing part of the law. Think of it like this: normally, even if you’re deportable, you might have avenues to argue for relief, like claiming asylum, seeking cancellation of removal based on family ties, or proving you’d face extreme hardship. This new section slams the door shut on those legal defenses for anyone who meets the criminal criteria. For the individual facing removal, it’s mandatory detention followed by expedited removal, dramatically limiting the time and opportunity for legal challenge or review.

Real-World Impact: The Cost of Efficiency

For immigration enforcement agencies, this bill offers a significant boost in efficiency, allowing them to quickly remove individuals with serious criminal records. However, the broad scope of “any felony” means this could impact long-term residents who committed a non-violent offense decades ago and have since built a life here. Imagine a green card holder who served time for a felony drug offense 15 years ago but has been a productive member of the community since. Under existing law, they might have a chance to argue their case and seek relief; under this proposal, that avenue is gone. The bill prioritizes speed and finality, but that efficiency comes at the cost of eliminating judicial and administrative review, raising serious questions about due process and the risk of erroneous deportations, especially given the potential subjectivity in determining “gang membership” or “support to” a terrorist organization.