Protecting our Communities from Sexual Predators Act

Protecting our Communities from Sexual Predators Act

This bill requires the Department of Justice (DOJ) to detain certain non-U.S. nationals (aliens under federal law) who have been arrested for sexual assault. The bill also provides for the inadmissibility and deportability of certain individuals convicted of sexual assault.

Under this bill, the DOJ must detain an individual who (1) is unlawfully present in the United States, made certain misrepresentations, or did not possess the necessary documents when applying for admission; and (2) has been charged with, arrested for, convicted of, or admits to having committed acts which constitute the essential elements of, an offense involving sexual assault.

The bill also establishes under statute that a conviction for certain crimes related to sexual assault shall be grounds for (1) barring an individual from entering the United States, and (2) deportability. (Under current law, convictions for certain crimes, including crimes involving moral turpitude, are grounds for inadmissibility and deportability.) 

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 134 Introduced in House (IH)]

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119th CONGRESS
  1st Session
                                H. R. 134

    To amend the Immigration and Nationality Act to provide for the 
  detention, inadmissibility, and removal of aliens who commit sexual 
                                assault.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            January 3, 2025

Mr. Buchanan (for himself, Mr. Issa, Mr. Stauber, Mr. McCaul, Mr. Bost, 
  Mr. Weber of Texas, and Mr. Edwards) 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 
  detention, inadmissibility, and removal of aliens who commit sexual 
                                assault.

    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 ``Protecting our Communities from 
Sexual Predators Act''.

SEC. 2. DETENTION OF CERTAIN ALIENS WHO COMMIT SEXUAL ASSAULT.

    Section 236(c)(1) of the Immigration and Nationality Act (8 U.S.C. 
1226(c)(1)) is amended--
            (1) in subparagraph (C), by striking ``, or'' and inserting 
        a comma;
            (2) in subparagraph (D), by adding ``or'' at the end; and
            (3) by inserting after subparagraph (D) the following:
                    ``(E)(i) is inadmissible under section 212(a)(6)(A) 
                or (C) or under section 212(a)(7); and
                    ``(ii) is charged with, arrested for, convicted of, 
                admits having committed, or admits committing acts 
                which constitute the essential elements of, any offense 
                involving sexual assault (as such term is defined in 
                section 214(d)(3)(A)),''.

SEC. 3. INADMISSILIBITY AND DEPORTABILITY RELATED TO SEXUAL ASSAULT.

    (a) 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 
the following:
                    ``(J) Sexual assault.--Any alien who has been 
                convicted of, who admits having committed, or who 
                admits committing acts which constitute the essential 
                elements of, any offense involving sexual assault (as 
                such term is defined in section 214(d)(3)(A)), is 
                inadmissible.''.
    (b) Deportability.--Section 237(a)(2) of the Immigration and 
Nationality Act (8 U.S.C. 1227(a)(2)) is amended by adding at the end 
the following:
                    ``(G) Sexual assault.--Any alien who has been 
                convicted of, who admits having committed, or who 
                admits committing acts which constitute the essential 
                elements of, any offense involving sexual assault (as 
                such term is defined in section 214(d)(3)(A)), is 
                deportable.''.
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