Republican senators want America’s immigration laws to be upheld in a way that follows President Donald Trump’s border security policies.
Sens. Ted Budd (R., N.C.), John Cornyn (R., Texas), Tim Scott (R., S.C.), Lindsey Graham (R., S.C.) and Marsha Blackburn (R., Tenn.) are introducing the Detention Authority Clarification Act, which amends the Immigration and Nationality Act (INA) in order to make it unambiguous that Congress intends for illegal immigrants to be subject to detention without bond pending their removal from America.
Ambiguity in the current implementation of the INA has allowed for hundreds of federal district court judges to allow illegal immigrants to avoid mandatory detention based on a legal loophole; the Republican senators view this as a major obstacle to Trump’s immigration agenda, which has seen historic results in his second term.
“We are a nation of laws, and those who break these laws by coming to our country illegally must be held accountable for their actions,” Budd said. “President Trump has worked hard to reaffirm the integrity of our nation’s immigration system, yet hundreds of federal district court judges are allowing illegal aliens to avoid mandatory detention based on a supposed loophole. The Detention Authority Clarification Act would eliminate any doubt by reaffirming mandatory detention for those who have violated U.S. law by entering the country illegally.”
The lawmakers argue that this clarifying legislation is necessary because thousands of detained illegal immigrants hae filed lawsuits in federal courts challenging the Trump administration’s interpretation of the INA, which sees the administration detain illegal immigrants. Section 235 of the INA, as amended by the Illegal Immigration Reform and Immigrant Responsibility Act (IIRIRA), requires that illegal immigrants who enter America are deemed an “applicant for admission” and are subject to detention until the they are lawfully admitted to the U.S. or removed from the U.S.
Nevertheless, hundreds of federal district court judges have granted release request by illegal immigrants, and circuit court judges have split on their rulings.
This new bill clarifies Section 235 of the INA, eliminating any potential ambiguity; it states that everyone who enters America illegally is subject to mandatory detention. It also requires mandatory detention for illegal immigrants in the INA’s Section 236. “Illegal immigrants who break our laws must be detained while they await deportation,” Scott said of the bill. “The Detention Authority Clarification Act would make sure that no one can enter our country illegally and evade removal. Illegal immigrants must be detained and deported promptly. This is a nation of laws, and breaking the law has consequences.”
“Aliens who enter our country illegally and threaten American lives must face mandatory detention and should not be able to seek bond to be released into our communities,” Cornyn, a former Texas Attorney General, added. “This legislation would clarify current law to stop woke judges from allowing illegal aliens to roam American streets and commit further crimes while they await deportation from the United States.”
Lawmakers like Blackburn and Graham specifically singled the Biden administration’s “open border” policies as reasons for why the legislation is necessary. “Illegal aliens who gained entry under Biden’s open border continue to endanger Americans’ lives and must be removed as swiftly as possible,” Blackburn said. “The Detention Authority Clarification Act would ensure that these individuals must be detained without bond until they are promptly deported and are not allowed to evade the consequences of their crimes.”
“During the four years under Biden, weak and ineffective enforcement of our nation’s immigration laws created an opportunity for millions of dangerous illegal aliens to pour into our country. Instead of detaining these unvetted and unauthorized individuals, the Biden Administration let these lawbreakers walk free, many of whom went on to prey on innocent Americans, like Laken Riley,” Graham added. “I am pleased to join Senator Budd and my colleagues in introducing the Detention Authority Clarification Act to ensure that when illegal immigrants break into our country, they remain in immigration detention until they are deported. This legislation will keep Americans safe and end the cycle of catch and release once and for all.”
