H.R. 3859

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3859 Introduced in House (IH)]

<DOC>

119th CONGRESS
1st Session
H. R. 3859

To amend the Immigration and Nationality Act to provide for the removal 
and permanent inadmissibility of certain aliens convicted of assaulting 
law enforcement officers, and for other purposes.

_______________________________________________________________________

IN THE HOUSE OF REPRESENTATIVES

June 10, 2025

Mr. Crenshaw (for himself, Mr. Weber of Texas, Mr. Collins, Mr. 
Buchanan, Mr. Edwards, Mr. Sessions, Mr. McGuire, Mr. Jackson of Texas, 
Mr. Van Orden, Mrs. Luna, Mr. Donalds, Mr. Messmer, Mr. Zinke, Mrs. 
Hinson, Mr. Moore of Alabama, Mr. Harrigan, Mr. Gill of Texas, Mr. 
Fallon, Ms. Tenney, Mr. Burchett, and Mr. Davidson) introduced the 
following bill; which was referred to the Committee on the Judiciary

_______________________________________________________________________

A BILL

To amend the Immigration and Nationality Act to provide for the removal 
and permanent inadmissibility of certain aliens convicted of assaulting 
law enforcement officers, and for other purposes.

Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the ``Returning Illegals over Turmoil 
Act''.

SEC. 2. REMOVAL OF ALIENS WHO INCITE OR PARTICIPATE IN ASSAULTS AGAINST 
LAW ENFORCEMENT DURING CIVIL UNREST.

Section 237(a) of the Immigration and Nationality Act (8 U.S.C. 
1227(a)) is amended by adding at the end the following:
``(8) Aliens who incite or participate in assaults during 
civil unrest.--
``(A) In general.--Any alien described in 
subparagraph (B) shall be deportable;
``(B) Aliens described.--An alien is described in 
this subparagraph if--
``(i) the alien has been convicted of, or 
admits to having committed acts that 
constitute, incitement to violence or physical 
participation in a riot or civil disturbance 
under Federal, State, and local law; or
``(ii) the acts involved--
``(I) an actual or attempted 
assault, battery, or use of force 
against a law enforcement officer, 
including officers of the United 
States, a State, municipality, or 
tribal government; and
``(II) an actual or attempted 
assault, battery, or use of force 
against a member of the Armed Forces of 
the United States, including during the 
performance of official duties or while 
in uniform; or
``(III) the willful destruction, 
defacement, or vandalism of public 
property, including structures, 
vehicles, or facilities owned or 
operated by the Federal Government, a 
State or local government, including 
law enforcement or emergency service 
vehicles, government buildings, transit 
systems, and monuments, and
``(iii) the alien was unlawfully present in 
the United States, was a recipient of deferred 
action under the Deferred Action for Childhood 
Arrivals (DACA) Policy, or a lawful permanent 
resident at the time of the offense.''.

SEC. 3. PERMANENT INADMISSIBILITY.

Section 212(a)(2) of the Immigration and Nationality Act (8 U.S.C. 
1182(a)(2)) is amended by adding at the end:
``(J) Aliens convicted of riot-related offenses 
against law enforcement.--Any alien who has been 
removed under section 237(a)(8) shall be permanently 
inadmissible to the United States.''.

SEC. 4. NO WAIVERS OR RELIEF.

(a) Ineligibility for Discretionary Relief.--An alien described 
under section 237(a)(8) shall not be eligible for any form of relief 
from removal or adjustment of status, including but not limited to--
(1) asylum,
(2) cancellation of removal,
(3) adjustment of status,
(4) withholding of removal, or
(5) deferred action or prosecutorial discretion.
(b) DACA Barred.--No alien removed under this act shall be eligible 
for future benefits under DACA.

SEC. 5. ENHANCED ENFORCEMENT DURING DECLARED EMERGENCIES.

(a) Mandatory Enforcement During Emergencies.--The provisions of 
this act shall be applied without discretion during any period in 
which:
(1) The President has declared a national emergency under 
the National Emergencies Act (50 U.S.C. 1601 et seq.);
(2) A major disaster is in effect under the Stafford Act 
(42 U.S.C. 68 et seq.); or
(3) A state of emergency has been declared by a Governor or 
mayor in the jurisdiction where the offense occurred.

SEC. 6. EXPEDITED REMOVAL AUTHORITY.

During the pendency of any emergency described in section 
5, the Secretary of Homeland Security may designate offenses 
described in section 237(a)(8) as grounds for expedited removal 
under section 238 of the Immigration and Nationality Act.

SEC. 7. MANDATORY DETENTION OF ALIENS PENDING APPROVAL.

Section 236(c)(1) of the Immigration and Nationality Act (8 
U.S.C. 1226(c)(1)) is amended by adding at the end the 
following new subparagraph:
``(F) is described in section in section 237(a)(8) (aliens 
who incite or participate in assaults against law enforcement 
or military personnel during civil unrest).''.

SEC. 8. EFFECTIVE DATE.

This Act shall take effect upon enactment and shall apply 
to offenses committed on or after such date.
<all>