New Bill Creates Fast-Track Deportation for Gang Members and Those With Specific Misdemeanors

The “Expedited Removal of Criminal Aliens Act” isn’t subtle. It sets up a brand new, accelerated pathway for the Department of Homeland Security (DHS) to deport certain non-citizens. Think of it as installing an express lane at the border for removals, specifically targeting those deemed a public safety risk—but the definition of “risk” here is significantly broadened, which is where things get complicated.

This new process applies if DHS determines a non-citizen is a member of a criminal gang, supports a designated foreign terrorist organization, or has been convicted of specific crimes. While felonies are included, the bill also sweeps in misdemeanors like assault against a police officer, any sexual offense, domestic violence, stalking, violating a protection order, and, critically, any misdemeanor committed against someone in a “vulnerable group.”

Who Counts as Vulnerable?

That last part about misdemeanors against “vulnerable groups” is a major expansion. The bill explicitly defines a vulnerable group to include children under 16, pregnant women, people with severe physical or mental disabilities, and people over 65. If a non-citizen is convicted of a misdemeanor against one of these individuals, they are now eligible for this fast-track deportation. For example, a minor scuffle that results in a simple assault misdemeanor could now trigger this expedited removal if the victim was, say, 66 years old.

The Express Lane to Deportation

The most significant consequence of being placed into this new expedited removal process is the mandatory detention and the complete ban on asking for “withholding of removal.” Withholding of removal is a key protection used when someone fears they will be persecuted or tortured if they are sent back to their home country—it’s a safety valve in the system. Under this bill, if DHS applies this new section (238A), that safety valve is shut off entirely. This means individuals, even those with legitimate fears of persecution, cannot use that defense to stop their deportation, potentially sending them back to danger at an accelerated pace.

The Real-World Impact on Due Process

For the average person, this bill centralizes a lot of power within DHS and severely limits the ability of the targeted non-citizens to fight their case. Standard removal proceedings allow for various defenses and appeals, but expedited removal is designed to be quick and decisive. By explicitly barring access to withholding of removal, the bill removes a critical layer of protection that ensures the U.S. doesn't violate international norms by sending someone to face torture. For individuals caught up in this—even if their criminal offense was a relatively minor, older misdemeanor—the lack of legal recourse could mean a drastically faster and final deportation order, regardless of compelling humanitarian circumstances or fear of harm back home.