PolicyBrief
S. 212
119th CongressJan 23rd 2025
POLICE Act of 2025
IN COMMITTEE

The POLICE Act of 2025 would make it a deportable offense for any alien to assault a law enforcement officer and requires the Department of Homeland Security to publish an annual report on the number of aliens deported for assaulting law enforcement officers.

Ted Budd
R

Ted Budd

Senator

NC

LEGISLATION

POLICE Act of 2025: Assaulting a First Responder Could Now Lead to Deportation

The "Protect Our Law Enforcement with Immigration Control and Enforcement Act of 2025," or "POLICE Act of 2025," introduces a significant change to immigration law. It makes any non-citizen deportable if they're convicted of assaulting a law enforcement officer, admit to committing such an assault, or even admit to actions that could be considered assault. This applies if the assault happened while the officer was on duty, because of their official duties, or simply because of their status as a law enforcement officer.

New Grounds for Deportation

The core of the POLICE Act is expanding the reasons someone can be deported. Previously, immigration law focused on crimes like aggravated felonies or crimes of moral turpitude. Now, under Section 2, any assault of a broadly defined "law enforcement officer" becomes grounds for deportation. "Law enforcement officer" isn't just limited to police; it includes firefighters and other first responders. And "assault" is defined by the laws of wherever the incident happened – meaning what counts as assault could vary widely.

For example, a verbal altercation with a firefighter during a chaotic emergency response that's deemed "assault" in one state might lead to deportation, while a similar incident in another state might not. The bill's reliance on local definitions creates potential inconsistencies. A minor scuffle at a protest, if it involves a first responder and is interpreted as assault, could have life-altering consequences for an immigrant.

Tracking Deportations

Section 3 of the bill requires the Department of Homeland Security (DHS) to publish an annual report. This report will detail exactly how many people were deported in the previous year specifically for assaulting a law enforcement officer. This report will be public and available on the DHS website. While this adds transparency, it also puts a spotlight on the potentially broad application of this new rule.

Real-World Implications and Challenges

This bill raises some serious questions. Because the definition of "assault" can be so broad, and because it includes a wide range of first responders, even minor incidents could lead to deportation. This might make immigrant communities hesitant to call for help or cooperate with law enforcement, even when they're the victims of a crime, for fear of any interaction leading to deportation proceedings. The bill's text doesn't offer much in the way of safeguards against this kind of outcome. The mandated annual report will track these deportations, but it doesn't address the underlying concerns about how "assault" is defined and applied.