H.R. 5713

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5713 Reported in House (RH)]

<DOC>

Union Calendar No. 477
119th CONGRESS
2d Session
H. R. 5713

[Report No. 119-555]

To authorize the expedited removal of aliens who are criminal gang 
members, members of foreign terrorist organizations, or have been 
convicted of certain specified crimes.

_______________________________________________________________________

IN THE HOUSE OF REPRESENTATIVES

October 8, 2025

Mr. Gill of Texas (for himself, Mr. Moore of Alabama, Mr. Hunt, Mr. 
Fine, Mr. Davidson, and Mr. Roy) introduced the following bill; which 
was referred to the Committee on the Judiciary

March 18, 2026

Additional sponsors: Mr. Nehls, Mr. Cloud, Mrs. Luna, and Mr. Cline

March 18, 2026

Reported with an amendment, committed to the Committee of the Whole 
House on the State of the Union, and ordered to be printed
[Strike out all after the enacting clause and insert the part printed 
in italic]
[For text of introduced bill, see copy of bill as introduced on October 
8, 2025]

_______________________________________________________________________

A BILL

To authorize the expedited removal of aliens who are criminal gang 
members, members of foreign terrorist organizations, or have been 
convicted of certain specified crimes.

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 ``Expedited Removal of Criminal Aliens 
Act''.

SEC. 2. EXPEDITED REMOVAL.

Section 238 of the Immigration and Nationality Act (8 U.S.C. 1228) 
is amended--
(1) in the section heading, by striking ``expedited removal 
of aliens convicted of committing aggravated felonies'' and 
inserting ``expedited removal of certain criminal aliens'';
(2) in subsection (a)--
(A) by amending paragraph (1) to read as follows:
``(1) In general.--The Secretary of Homeland Security shall 
provide for the availability of special removal proceedings at 
certain Federal, State, and local correctional facilities for 
any incarcerated alien--
``(A) convicted of any criminal offense covered in 
section 237(a)(2)(A)(iii), (B), (C), or (D), or any 
offense covered by section 237(a)(2)(A)(ii) for which 
both predicate offenses are, without regard to the date 
of their commission, otherwise covered by section 
237(a)(2)(A)(i); or
``(B) who the Secretary of Homeland Security 
determines--
``(i) is inadmissible or deportable; and
``(ii)(I) is a member of a criminal gang or 
a transnational criminal organization (as 
defined in section 3003(5) of the Act titled 
`Making emergency supplemental appropriations 
for the fiscal year ending September 30, 2024, 
and for other purposes' (21 U.S.C. 2341(5)));
``(II) is a member of an organization 
designated as a foreign terrorist organization 
pursuant to section 219(a) or has provided 
material support to such an organization; or
``(III) has been convicted of any felony, 
any misdemeanor with respect to which the 
underlying conduct was committed against a 
member of a vulnerable group, any assault of a 
law enforcement officer, any sexual offense, 
any crime of domestic violence, any stalking 
offense, any crime with respect to which the 
underlying conduct was committed against a 
child (including sex trafficking of a minor or 
sexual abuse of a minor), any activity relating 
to material involving the sexual exploitation 
of a minor, or any violation of a protection 
order (as such terms are defined in the 
jurisdiction of conviction).'';
(B) in paragraph (2)--
(i) by striking ``convicted of an 
aggravated felony'' and inserting ``described 
in paragraph (1)'';
(ii) by striking ``Attorney General'' each 
place it appears and inserting ``Secretary of 
Homeland Security''; and
(iii) by striking ``felon'' and inserting 
``alien'';
(C) in paragraph (3)--
(i) by striking ``Attorney General'' each 
place it appears and inserting ``Secretary of 
Homeland Security'';
(ii) by striking ``convicted of an 
aggravated felony'' and inserting ``described 
in paragraph (1)''; and
(iii) by striking ``for the underlying 
aggravated felony'';
(D) in paragraph (4), by striking ``Attorney 
General'' each place it appears and inserting 
``Secretary of Homeland Security''; and
(E) by adding at the end the following:
``(5) Manner of proceedings.--Special removal proceedings 
described in this section shall be conducted in conformity with 
section 240 (except as otherwise provided in this section), and 
in a manner which eliminates the need for additional detention 
at any processing center of the Department of Homeland Security 
and in a manner which assures expeditious removal following the 
end of the alien's incarceration for the underlying sentence. 
Nothing in this section shall be construed to create any 
substantive or procedural right or benefit that is legally 
enforceable by any party against the United States or its 
agencies or officers or any other person.
``(6) Definitions.--In this subsection:
``(A) The term `member of a vulnerable group' 
means--
``(i) an individual who is younger than 16 
years of age;
``(ii) a pregnant woman;
``(iii) an individual with a severe 
physical or mental disability; or
``(iv) an individual who is older than 65 
years of age.
``(B) The term `criminal gang' means an ongoing 
group, club, organization, or association of 5 or more 
persons that has as 1 of its primary purposes the 
commission of 1 or more of the offenses described in 
this subparagraph and the members of which engage, or 
have engaged within the past 5 years, in a continuing 
series of such offenses. The offenses described, 
whether committed, in whole or in part, within or 
outside of the United States and regardless of whether 
the offenses occurred before, on, or after the date of 
the enactment of this paragraph, are the following:
``(i) A Federal, State, local, or Tribal 
offense that is punishable by imprisonment for 
more than 1 year and relates to a controlled 
substance (as so classified under the relevant 
Federal, State, local, or Tribal law), 
regardless of whether the substance is 
classified as a controlled substance under 
section 102 of the Controlled Substances Act 
(21 U.S.C. 802).
``(ii) A foreign offense that is punishable 
by imprisonment for more than 1 year and 
relates to a controlled substance as defined 
under section 102 of the Controlled Substances 
Act (21 U.S.C. 802).
``(iii) An offense that is punishable by 
imprisonment for more than 1 year and involves 
firearms or explosives (as defined under the 
relevant Federal, State, local, Tribal, or 
foreign law) or in violation of section 931 of 
title 18, United States Code (relating to 
purchase, ownership, or possession of body 
armor by violent felons).
``(iv) An offense under section 274 
(relating to bringing in and harboring certain 
aliens), section 277 (relating to aiding or 
assisting certain aliens to enter the United 
States), or section 278 (relating to 
importation of alien for immoral purpose).
``(v) A crime of violence (as defined in 
section 16(a) of title 18, United States Code).
``(vi) A crime involving obstruction of 
justice, tampering with or retaliating against 
a witness, victim, or informant, or burglary 
(as such terms are defined under the relevant 
Federal, State, local, Tribal, or foreign law).
``(vii) Any conduct punishable under--
``(I) sections 1028, 1028A, and 
1029 of title 18, United States Code 
(relating to fraud, aggravated identity 
theft or fraud and related activity in 
connection with identification 
documents or access devices);
``(II) sections 1581 through 1594 
of such title (relating to peonage, 
slavery, and trafficking in persons);
``(III) section 1951 of such title 
(relating to interference with commerce 
by threats or violence);
``(IV) section 1952 of such title 
(relating to interstate and foreign 
travel or transportation in aid of 
racketeering enterprises);
``(V) section 1956 of such title 
(relating to the laundering of monetary 
instruments);
``(VI) section 1957 of such title 
(relating to engaging in monetary 
transactions in property derived from 
specified unlawful activity); or
``(VII) sections 2312 through 2315 
of such title (relating to interstate 
transportation of stolen motor vehicles 
or stolen property).
``(viii) A conspiracy to commit an offense 
described in subclauses (I) through (VII) of 
clause (vii).'';
(3) in subsection (b)--
(A) in paragraph (1)--
(i) by striking ``Attorney General'' and 
inserting ``Secretary of Homeland Security'';
(ii) by inserting ``inadmissibility or'' 
before ``deportability'';
(iii) by striking ``under section 
237(a)(2)(A)(iii) (relating to conviction of an 
aggravated felony)''; and
(iv) by inserting before ``section 240'' 
the following ``issue a notice to appear under 
section 239 to initiate removal proceedings 
under'';
(B) by amending paragraph (2) to read as follows:
``(2) Alien described.--An alien is described in this 
paragraph if the alien--
``(A) has been convicted of any criminal offense 
described in subparagraph (A) or is described in 
subparagraph (B) of section 238(a)(1), regardless of 
whether such alien is incarcerated; and
``(B)(i) was not lawfully admitted for permanent 
residence at the time at which proceedings under this 
section commenced; or
``(ii) had permanent resident status on a 
conditional basis (as described in section 216 of this 
title) at the time that proceedings under this section 
commenced.'';
(C) in paragraph (3), by striking ``Attorney 
General'' and inserting ``Secretary of Homeland 
Security'';
(D) in paragraph (4), by striking ``Attorney 
General'' each place it appears and inserting 
``Secretary of Homeland Security''; and
(E) in paragraph (5)--
(i) by inserting ``or Secretary of Homeland 
Security'' after ``Attorney General'';
(ii) by inserting ``or Secretary's'' after 
``Attorney General's''; and
(iii) by inserting ``, regardless of 
whether the alien is in proceedings under this 
section'' after ``discretion''; and
(4) by redesignating the second subsection (c) as 
subsection (d).

SEC. 3. DETENTION OF CRIMINAL ALIENS.

Section 236(c) of the Immigration and Nationality Act (8 U.S.C. 
1226(c)) is amended--
(1) in paragraph (1)--
(A) in subparagraph (D), by striking ``or'' at the 
end;
(B) by redesignating subparagraph (E) as 
subparagraph (F); and
(C) by inserting after subparagraph (D) the 
following:
``(E)(i) is inadmissible under section 212 or 
deportable under section 237; and
``(ii)(I) is a member of a criminal gang (as 
defined in section 238(a)(6)(B)) or transnational 
criminal organization (as defined in section 3003(5) of 
the Act titled `Making emergency supplemental 
appropriations for the fiscal year ending September 30, 
2024, and for other purposes' (21 U.S.C. 2341(5))); or
``(II) has been convicted of any felony, any 
misdemeanor with respect to which the underlying 
conduct was committed against a member of a vulnerable 
group (as defined in section 238(a)(3)(A)), any assault 
of a law enforcement officer, any sexual offense, any 
crime of domestic violence, any stalking offense, any 
crime with respect to which the underlying conduct was 
committed against a child (including sex trafficking of 
a minor or sexual abuse of a minor), any activity 
relating to material involving the sexual exploitation 
of a minor, or any violation of a protection order, 
or''; and
(2) in paragraph (2)--
(A) in the heading, by striking ``Definition'' and 
inserting ``Definitions''; and
(B) by striking ``For purposes of paragraph 
(1)(E),'' and inserting the following:
``(A) For purposes of paragraph (1)(E)(ii)(II), the 
terms and phrases in such paragraph have the meanings 
given such terms and phrases in the jurisdiction of 
conviction.
``(B) For purposes of paragraph (1)(F),''.

SEC. 4. EXCEPTION TO RESTRICTIONS ON REMOVAL.

Section 241(b)(3)(B) of the Immigration and Nationality Act (8 
U.S.C. 1231(b)(3)(B)) is amended--
(1) in clause (iii), by striking ``or'' at the end;
(2) in clause (iv), by striking the period and inserting 
``; or''; and
(3) by adding after clause (iv) the following:
``(v) the alien has been convicted of any 
criminal offense described in subparagraph (A) 
or is described in subparagraph (B) of section 
238(a)(1), regardless of whether such alien is 
incarcerated or is in proceedings under section 
238.''.

SEC. 5. INELIGIBILITY FOR ASYLUM.

Section 208(b)(2)(A) of the Immigration and Nationality Act (8 
U.S.C. 1158(b)(2)(A)) is amended--
(1) in clause (v), by striking ``or'' at the end;
(2) in clause (vi), by striking the period at the end and 
inserting ``; or''; and
(3) by adding at the end the following:
``(vii) the alien has been convicted of any 
criminal offense described in subparagraph (A) 
or is described in subparagraph (B) of section 
238(a)(1), regardless of whether such alien is 
incarcerated or is in proceedings under section 
238.''.

SEC. 6. INELIGIBILITY FOR OTHER IMMIGRATION RELIEF.

An alien who has been convicted of any criminal offense described 
in subparagraph (A) or who is described in subparagraph (B) of section 
238(a)(1) of the Immigration and Nationality Act (8 U.S.C. 1128(a)(1)), 
regardless of whether such alien is incarcerated or is in proceedings 
under such section 238, shall be ineligible for any other relief under 
the immigration laws (as such term is defined in section 101 of the 
Immigration and Nationality (8 U.S.C. 1101)), including under section 
2242 of the Omnibus Consolidated and Emergency Supplemental 
Appropriations Act, 1999 (and any regulations issued pursuant to such 
section).

SEC. 7. CONSTRUCTION; SEVERABILITY.

Any provision of this Act or an amendment made by this Act held to 
be invalid or unenforceable by its terms, or as applied to any person 
or circumstance, shall be construed so as to give it the maximum effect 
permitted by law, unless such holding shall be utterly invalid or 
unenforceable, in which event such provision shall be deemed severable 
from this Act and shall not affect the remainder of this Act, or the 
application of such provision to other persons not similarly situated 
or to other, dissimilar circumstances.
Union Calendar No. 477

119th CONGRESS

2d Session

H. R. 5713

[Report No. 119-555]

_______________________________________________________________________

A BILL

To authorize the expedited removal of aliens who are criminal gang 
members, members of foreign terrorist organizations, or have been 
convicted of certain specified crimes.

_______________________________________________________________________

March 18, 2026

Reported with an amendment, committed to the Committee of the Whole 
House on the State of the Union, and ordered to be printed