State Partnerships to Enhance Removal of Criminal Aliens Act
Rep. Schmidt Proposes Letting State Attorneys Prosecute Deportations and Expanding Felony Definitions
Legislative Progress
Key Points
- The bill allows the Department of Homeland Security to partner with states, letting state-hired lawyers act as federal prosecutors in immigration courts. These state employees would handle cases involving immigrants in local jails or those who violated state laws, with the state picking up the bill for their salaries.
- It dramatically expands the definition of an "aggravated felony" for immigration purposes. Under the new rules, almost any crime classified as a felony or carrying a potential sentence of more than one year—including theft, burglary, and certain drug offenses—would count as an aggravated felony.
- The proposal makes it much harder for people with criminal records to stay in the U.S. by labeling all aggravated felonies as "particularly serious crimes." This change would automatically bar many individuals from seeking asylum or other forms of protection from deportation, regardless of the length of their prison sentence.
- New categories of crimes would be added to the deportation list, including carjacking, war crimes, and "straw purchasing" of firearms. It also clarifies that state-level drug convictions count even if the specific drug isn't on the federal controlled substances list.
- These changes would apply to everyone, including those whose crimes happened years ago or whose deportation cases are already in progress. This "retroactive" rule means a past conviction that wasn't a deportable offense before could suddenly lead to removal under the new law.
Impact Analysis
Personal Impact
Life & Work
Non-citizens with any criminal record are the primary target of this bill. The sweeping expansion of the aggravated felony definition means that virtually any felony conviction—or even a crime punishable by more than one year—now triggers the harshest immigration consequences. This includes retroactive application, so a conviction that carried no immigration penalty at the time it occurred could now lead to mandatory deportation with almost no chance to seek relief.
Activities
Milestones
Referred to the House Committee on the Judiciary.
Introduced in House
The bill was officially filed and given a number. It now enters the legislative queue.
Votes
No votes have been recorded for this legislation yet.
News
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Source Information
Document Type
Congressional Bill
Official Title
State Partnerships to Enhance Removal of Criminal Aliens Act
Data Sources
Sponsor
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