Mandates the detention and deportation of illegal aliens who assault law enforcement officers, firefighters, or other first responders, ensuring they are taken into custody by the Department of Homeland Security.
Jefferson Van Drew
Representative
NJ-2
The "Detain and Deport Illegal Aliens Who Assault Cops Act" mandates the detention and deportation of aliens who have illegally entered the United States or misrepresented themselves upon entry and have been found to have assaulted a law enforcement officer. The bill defines assault and law enforcement officer and requires the Secretary of Homeland Security to issue a detainer for any alien described above and to take them into custody.
New Bill Mandates Detention for Non-Citizens Accused of Assaulting Law Enforcement
This new bill, straight-up called the "Detain and Deport Illegal Aliens Who Assault Cops Act," makes it mandatory for the Department of Homeland Security (DHS) to detain any non-citizen accused of assaulting a law enforcement officer. And, if they're found inadmissible due to things like illegal entry, misrepresentation or are found guilty of the assault, they could face deportation (SEC. 2).
What "Assault" and "Law Enforcement" Really Mean
The bill defines "assault" based on the laws of wherever the alleged incident happened. But here’s the kicker: "law enforcement officer" isn't just limited to police officers. It casts a wide net, potentially including anyone from federal agents to firefighters, and even those authorized to "prevent" or "investigate" crimes, or even just a first responder (SEC. 2). This broad definition could mean minor altercations, depending on local laws, could trigger mandatory detention.
Real-World Rollout: Detention and Deportation
If a non-citizen, regardless of their current legal status, is accused of assault against someone deemed a "law enforcement officer" under this bill, DHS must detain them (SEC. 2). This is a big change, requiring detention based solely on an accusation, before any trial or conviction. For example, imagine a misunderstanding during a protest where a non-citizen is accused of shoving a security guard (who might qualify as "law enforcement" under this law). That person would be immediately detained, regardless of the specifics of the situation.
The Bigger Picture: Potential Problems
Mandatory detention based on an accusation raises some serious concerns. It effectively bypasses the usual legal process where someone is presumed innocent until proven guilty. There is also the risk of false accusations being used to unfairly target individuals for detention and potential deportation. A broad definition of a 'law enforcement officer' could be abused and the bill could be used to justify racial profiling and discriminatory enforcement practices.
The Bigger Picture: Strained Resources
This bill could also put a significant strain on DHS and immigration courts. Increased detentions mean more people in holding facilities and more cases to process, potentially leading to longer wait times and backlogs across the board. This impacts not just those detained, but also anyone going through the immigration system.