The "Justice for Jocelyn Act" aims to limit participation in Alternatives to Detention programs, mandate GPS tracking and curfews for certain aliens, and ensure the removal of aliens who fail to comply with release orders. The bill also includes a severability clause to ensure the rest of the Act remains valid even if one part is found unconstitutional.
Ted Cruz
Senator
TX
The "Justice for Jocelyn Act" aims to limit participation in Alternatives to Detention programs, mandating GPS tracking and curfews for aliens on ICE's nondetained docket. It requires that aliens can only be released into Alternatives to Detention programs if all detention beds are full and all efforts to detain have been exhausted. The bill also mandates removal for aliens who fail to comply with release conditions, and ensures that if any part of the Act is found unconstitutional, the remaining parts will remain valid.
Justice for Jocelyn Act Mandates GPS Tracking, Curfews for Immigrants: Expedited Removal for Non-Compliance
The "Justice for Jocelyn Act" dramatically reshapes how immigrants awaiting court proceedings are monitored and managed, shifting heavily towards detention and strict surveillance. The bill's core purpose is to limit the use of Alternatives to Detention (ATD) programs, essentially making detention the default option.
Shackles and Curfews
This bill requires that every single immigrant on the U.S. Immigration and Customs Enforcement (ICE) non-detained docket be enrolled in an ATD program, which, under this law, means mandatory, continuous GPS monitoring. Think ankle monitors, 24/7, until their case is completely resolved – including any appeals – or until they are removed from the country (SEC. 3). The bill doesn't differentiate between someone fleeing violence and seeking asylum and someone with a minor visa overstay. Everyone gets the same treatment.
Beyond the GPS tracking, there's a mandatory curfew. Every immigrant under this program must be at their registered address between 10:00 p.m. and 5:00 a.m. (SEC. 3). Imagine a single parent working a late shift at a restaurant or a construction worker starting before dawn. This bill doesn't account for those realities. One misstep, and you are in violation of the law.
No Hearing, No Appeal, Just Removal
Here's where it gets even more concerning. If an immigrant fails to comply with any condition of their release – even a minor one – the bill mandates their removal (SEC. 4). The bill specifically amends section 240(b)(5) of the Immigration and Nationality Act. Under the "Justice for Jocelyn Act", an immigration officer simply submits an affidavit to an immigration judge stating the violation, and the immigrant is ordered removed without a hearing. That's a significant departure from typical due process.
For example, if someone's GPS monitor malfunctions, or they're five minutes late getting home due to a traffic jam, they could be flagged for removal without any opportunity to explain themselves to a judge. This could be a major issue for people who have legitimate reasons for missing a check-in or curfew, or who experience technical difficulties with their monitoring equipment.
Stacking the Deck
The bill also severely restricts who can even be considered for ATD programs. It states that an immigrant can only be released into an ATD if all available detention beds are full, there's no other option to detain them, and the Secretary of Homeland Security has made "all reasonable efforts" to detain them (SEC. 2). This essentially prioritizes detention, regardless of individual circumstances. It also puts a greater strain on an already overburdened system, and raises questions about the conditions within detention facilities if they're constantly operating at maximum capacity.