Grant's Law mandates the detention of aliens unlawfully present in the U.S. who are arrested for offenses that would make them inadmissible or deportable, and requires that removal proceedings be completed within 90 days of detention.
Andy Biggs
Representative
AZ-5
Grant's Law mandates the detention of aliens unlawfully present in the U.S. who are arrested for offenses that would make them inadmissible or deportable. It requires the Secretary of Homeland Security to detain these individuals and initiate removal proceedings, completing them within 90 days of detention. The law also allows the Secretary to release aliens to the appropriate authority for proceedings after arrest, resuming custody when necessary, and ensures continued detention until removal proceedings are complete, even if the alien is not convicted of the offense for which they were arrested.
Grant's Law: Mandatory Detention for Immigrants Arrested, But Not Convicted, of Certain Crimes
Grant's Law' seriously changes the game for immigrants in the U.S. unlawfully. Specifically, it mandates the detention of individuals arrested for offenses that could lead to their deportation, even before any conviction. That's a big deal.
Holding Cell Overload?
This law shifts the power to decide who gets detained from the Attorney General to the Secretary of Homeland Security. It also puts a tight 90-day deadline on completing removal proceedings once someone is detained under these new rules (Section 3). Before, there wasn't such a strict time limit. This could mean a rush to deport people, potentially skipping crucial steps in the process.
Real-World Lockup
Imagine a construction worker, here unlawfully, gets arrested for a crime that could get them deported, but they haven't been proven guilty. Under Grant's Law, they must be detained, regardless. They could be stuck in detention for months, even if they're ultimately found innocent of the crime they were arrested for (Section 2). This also applies to people working office jobs, running small businesses, or anyone else in a similar situation. It's not just about conviction; an arrest is enough to trigger mandatory detention.
The Bigger Picture: Faster Deportations, Fewer Checks and Balances
Grant's Law fits into a pattern of speeding up deportations and giving more power to the Department of Homeland Security. The 90-day limit on removal proceedings raises red flags. It might be tough for individuals to gather evidence, find legal representation, and get a fair hearing in such a short timeframe. This could lead to people being deported who have valid reasons to stay in the U.S. The law also means less judicial oversight, as the Secretary of Homeland Security gets more control over detention decisions, a role previously held by the Attorney General.
In effect, the bill prioritizes rapid removal, potentially at the expense of a fair process.