Overview

Title

To remove aliens who fail to comply with a release order, to enroll all aliens on the ICE nondetained docket in the Alternatives to Detention program with continuous GPS monitoring, and for other purposes.

ELI5 AI

The bill is like a new rule that says people who are not locked up but are waiting to see if they can stay in the country need to be watched with GPS, like being tracked all the time. If they don't follow the rules and leave when they're told to, they can be sent away right away.

Summary AI

S. 72, the "Justice for Jocelyn Act," proposes new regulations for handling certain non-detained immigrants in the United States. It limits participation in the Alternatives to Detention program, requiring that all detention options be exhausted first. Those in the program must be continuously monitored by GPS and adhere to a curfew from 10:00 p.m. to 5:00 a.m. Additionally, the bill amends existing immigration laws to allow for immediate removal if an individual does not comply with a release order.

Published

2025-01-13
Congress: 119
Session: 1
Chamber: SENATE
Status: Introduced in Senate
Date: 2025-01-13
Package ID: BILLS-119s72is

Bill Statistics

Size

Sections:
5
Words:
547
Pages:
3
Sentences:
14

Language

Nouns: 168
Verbs: 46
Adjectives: 21
Adverbs: 2
Numbers: 19
Entities: 40

Complexity

Average Token Length:
4.15
Average Sentence Length:
39.07
Token Entropy:
4.86
Readability (ARI):
21.15

AnalysisAI

The bill titled the "Justice for Jocelyn Act" proposes measures to enhance the monitoring and removal of certain non-citizens, commonly referred to within legal texts as "aliens," who are part of the U.S. Immigration and Customs Enforcement (ICE) nondetained docket. The bill aims to implement stricter controls through the Alternatives to Detention program and enforce penalties for non-compliance with release orders.

General Summary of the Bill

The primary objective of this legislative proposal is to manage non-citizens, particularly those failing to comply with immigration release conditions, via enhanced GPS tracking and specified curfews. It also dictates that individuals in the ICE nondetained docket must be enrolled in the Alternatives to Detention program, mandating continuous GPS monitoring throughout their immigration proceedings. Another significant provision is the removal of individuals from the U.S. without a court hearing if they do not adhere to the conditions of their release.

Moreover, the bill sets stipulations that limit the release of non-citizens into alternative programs unless all possible avenues for detention have been exhausted. Lastly, a severability clause ensures that if any part of the Act is found unconstitutional, the remaining sections remain in effect.

Summary of Significant Issues

Several issues arise from this bill that warrant attention. Firstly, the potential for overcrowding in detention centers is significant as the bill requires all detention beds to be utilized before opting for Alternatives to Detention. This could lead to resource strains and potentially inhumane conditions in such facilities. Further, GPS tracking implementation and funding remain unclear, posing possible budgetary and operational challenges.

The language around certain requirements is ambiguous, such as specifying what constitutes an "Alternatives to Detention-compliant home address" or defining "reasonable efforts" by the Secretary of Homeland Security, which could lead to inconsistent application of the law. Additionally, the terms used in the bill, like "alien," may be considered outdated and offensive, suggesting a need for more neutral language.

Impact on the Public

Broadly, the bill could lead to more stringent controls on individuals within the immigration process, which might increase administrative and technological burdens on enforcement agencies like ICE. It might reflect a broader policy shift towards more aggressive immigration enforcement tactics. For the public, particularly communities with a large number of immigrants, this could heighten anxiety and create tension, given the likely increase in surveillance and potential for involuntary removal.

Impact on Specific Stakeholders

For non-citizens in the immigration system, this bill represents a considerable increase in oversight and limitations on personal freedoms. The curfew and continuous GPS monitoring might infringe upon civil liberties, and the possibility of removal in absentia raises due process concerns.

Law enforcement agencies might bear the brunt of implementing these new measures, requiring additional funding and training, particularly concerning GPS tracking and monitoring compliance with curfews. Detention facilities risk becoming overwhelmed, potentially exacerbating already challenging conditions.

On the legal front, the bill's ambiguous language could lead to litigation over its interpretation and enforcement. Additionally, organizations advocating for immigrants' rights may see this as a step back in humane treatment and due process for non-citizens.

In summary, while the bill aims to address compliance among non-citizens on the nondetained docket, it introduces several challenges and potential negative impacts for stakeholders, particularly within immigrant communities and their advocates.

Issues

  • The potential for overcrowding in detention facilities due to the requirement in Section 2 that all available detention beds be filled before releasing an alien under an Alternatives to Detention program. This could strain resources and lead to inhumane conditions.

  • Due process concerns in Section 4, where an alien can be ordered removed in absentia based on an immigration officer's affidavit, without additional checks or an appeals process, raising issues of fairness and accuracy.

  • The vague requirement in Section 3 for an 'Alternatives to Detention-compliant home address,' which could lead to confusion and difficulties in enforcement, potentially infringing on personal liberties.

  • Funding uncertainties for the GPS monitoring mandated in Section 3, which could have significant budgetary implications for the implementation of the program.

  • The ambiguous language in Section 2 around 'reasonable efforts' by the Secretary of Homeland Security, which lacks clear definitions and could lead to inconsistent application of the detention protocols.

  • The absence of provisions in Section 3 for exceptions to the curfew requirement for emergencies or essential activities, which may infringe on personal freedoms and autonomy.

  • The use of the term 'alien' throughout the bill, noted in Section 4, could be considered outdated and potentially offensive, suggesting a need for more neutral terminology.

  • Legal and humanitarian concerns in Section 2 for individuals who may not be suitable for detention due to special circumstances not being adequately addressed.

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

The first section of the bill states that the Act can be officially referred to as the “Justice for Jocelyn Act.”

2. Limitation on participation in Alternatives to Detention Read Opens in new tab

Summary AI

The section limits when an immigrant can be released from detention into an alternative program, stating it can only happen if all detention beds are full, there are no available detention options, and all reasonable efforts to detain the immigrant have been exhausted by the Secretary of Homeland Security.

3. GPS tracking and curfew requirements for certain aliens Read Opens in new tab

Summary AI

The section mandates that certain aliens not detained by U.S. Immigration and Customs Enforcement must join an Alternatives to Detention program, be continuously tracked with GPS during their immigration process, and stay at their compliant home address from 10:00 p.m. to 5:00 a.m. If they have an order of removal, the GPS monitoring continues until their removal from the United States.

4. Removal of aliens who fail to comply with release order Read Opens in new tab

Summary AI

If a person who is not a citizen doesn't follow the rules of their release after being detained by immigration, an immigration officer can report this to a judge. As a result, the person will be ordered to leave the country without having a court hearing in their presence.

5. Severability Read Opens in new tab

Summary AI

If a court finds that any part of this Act is unconstitutional, the rest of the Act will still continue to be valid and apply to other situations and people.