Overview

Title

An Act To amend the Immigration and Nationality Act to provide for the detention of certain aliens who commit assault against law enforcement officers.

ELI5 AI

H. R. 7343 is a proposed law that wants to make sure that people who are not from the country and who hurt police officers are kept in detention. It changes who is in charge of catching these people and asks for a report every year to see how many such people are caught.

Summary AI

H. R. 7343, titled the "Detain and Deport Illegal Aliens Who Assault Cops Act," seeks to amend the Immigration and Nationality Act to ensure certain non-citizens who assault law enforcement officers are detained. The bill specifies that the Secretary of Homeland Security, rather than the Attorney General, will be responsible for this. It defines circumstances under which a law enforcement officer is considered assaulted and includes provisions for an annual report to Congress on affected individuals. Additionally, it mandates a GAO study on those aliens inadmissible under sections of the Immigration and Nationality Act who committed assaults against law enforcement officers.

Published

2024-05-16
Congress: 118
Session: 2
Chamber: SENATE
Status: Referred in Senate
Date: 2024-05-16
Package ID: BILLS-118hr7343rfs

Bill Statistics

Size

Sections:
3
Words:
800
Pages:
5
Sentences:
13

Language

Nouns: 215
Verbs: 60
Adjectives: 19
Adverbs: 5
Numbers: 31
Entities: 40

Complexity

Average Token Length:
3.89
Average Sentence Length:
61.54
Token Entropy:
4.77
Readability (ARI):
30.91

AnalysisAI

The proposed legislation, known as the "Detain and Deport Illegal Aliens Who Assault Cops Act," seeks to amend the Immigration and Nationality Act. The primary aim is to mandate the detention of certain non-citizens who commit assault against law enforcement officers. The bill outlines the responsibility of the Secretary of Homeland Security in taking custody of these individuals and requires an annual report on such detentions. Moreover, the bill calls for a study by the Government Accountability Office (GAO) to investigate the scale of non-citizens detained for this offense in recent years.

General Summary of the Bill

H.R. 7343 targets non-citizens who assault law enforcement officers, stipulating their detention by the Department of Homeland Security (DHS). The bill modifies existing immigration law to shift the responsibility from the Attorney General to the DHS, and it requires DHS to issue regular updates to Congress. Additionally, the bill mandates a study to be conducted by the GAO about the issue's prevalence over the past five years.

Significant Issues Highlighted

Several significant issues arise from the bill:

  1. Language Concerns: The term "Illegal Aliens" in the bill's title is viewed by many as outdated and potentially insensitive. This language choice could create divisive interpretations and emotional responses from the public and various stakeholders.

  2. Jurisdiction and Resource Allocation: The bill shifts responsibility for detaining such individuals to the DHS without specifying additional funding or resources. This could strain DHS's capacity to fulfill this mandate effectively, particularly given the broad scope of the roles defined as "law enforcement officers."

  3. Inconsistency in Definition of Assault: The reliance on local jurisdiction definitions for "assault" could lead to inconsistent application across different regions. This inconsistency raises questions about equal enforcement of the law.

  4. Broad Definition of Law Enforcement Officers: The inclusion of campus police and school resource officers expands the scope of who is considered a protected entity under this bill. This could potentially lead to an expansive interpretation and implementation.

  5. Study Scope and Timeline: The GAO study’s timeline of 180 days may be too brief to gather comprehensive data, and the scope, limited to specific sections, may not address broader issues related to inadmissible aliens adequately.

Impact on the Public and Stakeholders

Broad Public Impact:

The bill touches upon immigration enforcement under circumstances that can resonate strongly with various segments of the public. For those prioritizing law and order, the bill may represent a necessary measure to protect officers. However, others might see it as a step towards harsher immigration policies, possibly leading to community trust issues, especially in immigrant communities.

Impact on Stakeholders:

  • Law Enforcement Officers: Defining a broad spectrum of individuals as law enforcement officers potentially extends protections across a wide array of public service roles. This expanded protection might be viewed positively by those in these roles.

  • Immigrant Communities: The legislation could foster distrust and fear among immigrant populations. The potentially broad application and federal custody implications may discourage community cooperation with law enforcement or hinder immigrant integration.

  • Legal and Immigration Advocacy Groups: These groups might view the bill critically, expressing concerns over language sensitivity and the potential for disproportionate impacts on non-citizens. Advocacy groups could also challenge the bill's fairness and effectiveness.

The proposed legislation stands at the intersection of law enforcement and immigration policy, a crossroads that continues to be contentious and impactful in American society. As it advances through legislative processes, it will likely spark robust discussions about the balance between security and inclusivity.

Issues

  • The short title of the Act, 'Detain and Deport Illegal Aliens Who Assault Cops Act', uses the term 'Illegal Aliens', which is considered outdated and potentially insensitive. The language may be perceived as politically charged and could lead to divisive interpretations. This affects Section 1.

  • Section 2 shifts the responsibility for detention from the Attorney General to the Secretary of Homeland Security, which could complicate jurisdictional duties without clear guidelines for implementation. This may also strain DHS resources if additional funding is not provided.

  • The definition of 'assault' in Section 2 depends on local jurisdiction definitions, leading to inconsistent application across different areas, potentially resulting in unequal enforcement of the law.

  • The inclusion of a wide range of roles under 'law enforcement officer' in Section 2, such as campus police officers and school resource officers, could lead to an expansive interpretation of the provisions, raising concerns about overreach.

  • Section 2 requires the Secretary of Homeland Security to produce an annual report, increasing administrative burden without addressing necessary funding or resource allocation for this requirement.

  • The timeline of 180 days for conducting the GAO study in Section 3 may be too restrictive, potentially leading to a rushed or incomplete report considering the complexity and data collection involved.

  • Section 3 limits the GAO study scope to 'the number of aliens present...who were detained during the 5 year period preceding the date of the report,' which may be too narrow to capture broader issues related to inadmissible aliens, thus limiting the study's potential impact.

Sections

Sections are presented as they are annotated in the original legislative text. Any missing headers, numbers, or non-consecutive order is due to the original text.

1. Short title Read Opens in new tab

Summary AI

In Section 1, the Act is given the official name of “Detain and Deport Illegal Aliens Who Assault Cops Act.”

2. Detention of certain aliens who commit assault against law enforcement officers Read Opens in new tab

Summary AI

The bill amends the Immigration and Nationality Act to allow the detention of certain non-citizens who assault law enforcement officers while the officers are performing their duties or because of their status. It requires the Secretary of Homeland Security to take custody of these individuals and report annually to Congress about detentions under this provision.

3. GAO Study Read Opens in new tab

Summary AI

The section requires the Comptroller General of the United States to complete a study and report to Congress within 180 days about the number of inadmissible aliens, according to specific sections of the Immigration and Nationality Act, who were detained for assaulting a law enforcement officer in the last five years.