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HR 5713 · 119th Congress · Immigration

Expedited Removal of Criminal Aliens Act

Introduced October 08, 2025 Latest action March 18, 2026 9 cosponsors

Sponsor

Latest action

Placed on the Union Calendar, Calendar No. 477.

Action timeline

Every recorded action on this bill, newest first. Stage badges color-code the legislative path.

Mar 18, 2026
committee Reported (Amended) by the Committee on Judiciary. H. Rept. 119-555.
Judiciary Committee
Mar 18, 2026
other Placed on the Union Calendar, Calendar No. 477.
Nov 20, 2025
committee Committee Consideration and Mark-up Session Held
Judiciary Committee
Nov 20, 2025
committee Ordered to be Reported (Amended) by the Yeas and Nays: 17 - 7.
Judiciary Committee
Nov 18, 2025
committee Committee Consideration and Mark-up Session Held
Judiciary Committee

Text versions

Each stage of the bill — official text published by GPO. Click any format to read on congress.gov / govinfo.

Mar 18, 2026 Reported in House
XML
Oct 08, 2025 Introduced in House
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Changelog
ⓘ

How a bill moves through Congress. Each stage produces a new official text. The diff between them shows what changed at that step.

  1. ih / is — Introduced in House / Senate. First filed version.
  2. rfh / rfs — Referred to a committee for review.
  3. rh / rs — Reported back by the committee to the floor (often with amendments — this is where most language changes happen).
  4. pcs / pch — Placed on Calendar for floor consideration.
  5. eh / es — Engrossed. Passed by the originating chamber. Text is now what was actually voted on.
  6. rdh / rds — Received by the other chamber.
  7. eah / eas — Engrossed Amendment. The other chamber passed an amended version.
  8. ath / ats — Agreed to. Both chambers settled on the same text.
  9. enr — Enrolled. Final reconciled text, sent to the President.
  10. pl — Public Law. Signed by the President. It's now law.
  11. pp — Public Print. Official printing post-enactment.

Most bills die before eh/es. Going from pcs → enr is the full path through both chambers.

Line-level diff between text versions of this bill — what actually changed at each legislative stage.

→
+347 −50 18 unchanged
--- Introduced (House)
+++ Reported (House)
@@ -1,11 +1,14 @@
[From the U.S. Government Publishing Office]
-[H.R. 5713 Introduced in House (IH)]
+[H.R. 5713 Reported in House (RH)]
<DOC>
+Union Calendar No. 477
119th CONGRESS
-1st Session
+2d Session
H. R. 5713
+
+[Report No. 119-555]
To authorize the expedited removal of aliens who are criminal gang
members, members of foreign terrorist organizations, or have been
@@ -21,6 +24,19 @@
Fine, Mr. Davidson, and Mr. Roy) introduced the following bill; which
was referred to the Committee on the Judiciary
+March 18, 2026
+
+Additional sponsors: Mr. Nehls, Mr. Cloud, Mrs. Luna, and Mr. Cline
+
+March 18, 2026
+
+Reported with an amendment, committed to the Committee of the Whole
+House on the State of the Union, and ordered to be printed
+[Strike out all after the enacting clause and insert the part printed
+in italic]
+[For text of introduced bill, see copy of bill as introduced on October
+8, 2025]
+
_______________________________________________________________________
A BILL
@@ -37,51 +53,332 @@
This Act may be cited as the ``Expedited Removal of Criminal Aliens
Act''.
-SEC. 2. EXPEDITED REMOVAL OF CERTAIN CRIMINAL ALIENS.
-
-(a) In General.--Chapter 4 of title II of the Immigration and
-Nationality Act (8 U.S.C. 1221 et seq.) is amended by inserting after
-section 238 the following:
-
-``SEC. 238A. EXPEDITED REMOVAL OF ALIENS WHO ARE CRIMINAL GANG MEMBERS,
-ARE MEMBERS OR SUPPORTERS OF A FOREIGN TERRORIST
-ORGANIZATION, OR HAVE BEEN CONVICTED OF A SPECIFIED
-CRIME.
-
-``(a) Defined Term.--In this section, the term `member of a
-vulnerable group' means--
-``(1) a child who is younger than 16 years of age;
-``(2) a woman who is pregnant;
-``(3) an individual with a severe physical or mental
-disability; or
-``(4) an individual who is older than 65 years of age.
-``(b) Aliens Subject to Expedited Removal.--An alien is subject to
-mandatory detention and expedited removal under section 238 and is
-subject to removal from the United States if the Department of Homeland
-Security determines that such alien--
-``(1) is a member of a criminal gang or a criminal
-organization;
-``(2) is a member of an organization designated as a
-foreign terrorist organization pursuant to section 219(a) or
-has provided material support to such an organization; or
-``(3) has been convicted of any felony, any misdemeanor
-against a member of a vulnerable group, any assault of a law
-enforcement officer, any sexual offense, any crime of domestic
-violence, any stalking offense, any crime against children,
-including sex trafficking of a minor or sexual abuse of a
-minor, any activity relating to material involving the sexual
-exploitation of minors, or any violation of a protection order
-(as such terms are defined in the jurisdiction in which the
-acts constituting such crimes occurred).
-``(c) Ineligibility for Withholding of Removal.--An alien described
-in subsection (b) is not eligible for withholding of removal under any
-provision of this title.''.
-(b) Clerical Amendment.--The table of contents for the Immigration
-and Nationality Act (8 U.S.C. 1101 et seq.) is amended by inserting
-after the item relating to section 238 the following:
-
-``Sec. 238A. Expedited removal of aliens who are criminal gang members,
-are members or supporters of a foreign
-terrorist organization, or have been
-convicted of a specified crime.''.
-<all>
+SEC. 2. EXPEDITED REMOVAL.
+
+Section 238 of the Immigration and Nationality Act (8 U.S.C. 1228)
+is amended--
+(1) in the section heading, by striking ``expedited removal
+of aliens convicted of committing aggravated felonies'' and
+inserting ``expedited removal of certain criminal aliens'';
+(2) in subsection (a)--
+(A) by amending paragraph (1) to read as follows:
+``(1) In general.--The Secretary of Homeland Security shall
+provide for the availability of special removal proceedings at
+certain Federal, State, and local correctional facilities for
+any incarcerated alien--
+``(A) convicted of any criminal offense covered in
+section 237(a)(2)(A)(iii), (B), (C), or (D), or any
+offense covered by section 237(a)(2)(A)(ii) for which
+both predicate offenses are, without regard to the date
+of their commission, otherwise covered by section
+237(a)(2)(A)(i); or
+``(B) who the Secretary of Homeland Security
+determines--
+``(i) is inadmissible or deportable; and
+``(ii)(I) is a member of a criminal gang or
+a transnational criminal organization (as
+defined in section 3003(5) of the Act titled
+`Making emergency supplemental appropriations
+for the fiscal year ending September 30, 2024,
+and for other purposes' (21 U.S.C. 2341(5)));
+``(II) is a member of an organization
+designated as a foreign terrorist organization
+pursuant to section 219(a) or has provided
+material support to such an organization; or
+``(III) has been convicted of any felony,
+any misdemeanor with respect to which the
+underlying conduct was committed against a
+member of a vulnerable group, any assault of a
+law enforcement officer, any sexual offense,
+any crime of domestic violence, any stalking
+offense, any crime with respect to which the
+underlying conduct was committed against a
+child (including sex trafficking of a minor or
+sexual abuse of a minor), any activity relating
+to material involving the sexual exploitation
+of a minor, or any violation of a protection
+order (as such terms are defined in the
+jurisdiction of conviction).'';
+(B) in paragraph (2)--
+(i) by striking ``convicted of an
+aggravated felony'' and inserting ``described
+in paragraph (1)'';
+(ii) by striking ``Attorney General'' each
+place it appears and inserting ``Secretary of
+Homeland Security''; and
+(iii) by striking ``felon'' and inserting
+``alien'';
+(C) in paragraph (3)--
+(i) by striking ``Attorney General'' each
+place it appears and inserting ``Secretary of
+Homeland Security'';
+(ii) by striking ``convicted of an
+aggravated felony'' and inserting ``described
+in paragraph (1)''; and
+(iii) by striking ``for the underlying
+aggravated felony'';
+(D) in paragraph (4), by striking ``Attorney
+General'' each place it appears and inserting
+``Secretary of Homeland Security''; and
+(E) by adding at the end the following:
+``(5) Manner of proceedings.--Special removal proceedings
+described in this section shall be conducted in conformity with
+section 240 (except as otherwise provided in this section), and
+in a manner which eliminates the need for additional detention
+at any processing center of the Department of Homeland Security
+and in a manner which assures expeditious removal following the
+end of the alien's incarceration for the underlying sentence.
+Nothing in this section shall be construed to create any
+substantive or procedural right or benefit that is legally
+enforceable by any party against the United States or its
+agencies or officers or any other person.
+``(6) Definitions.--In this subsection:
+``(A) The term `member of a vulnerable group'
+means--
+``(i) an individual who is younger than 16
+years of age;
+``(ii) a pregnant woman;
+``(iii) an individual with a severe
+physical or mental disability; or
+``(iv) an individual who is older than 65
+years of age.
+``(B) The term `criminal gang' means an ongoing
+group, club, organization, or association of 5 or more
+persons that has as 1 of its primary purposes the
+commission of 1 or more of the offenses described in
+this subparagraph and the members of which engage, or
+have engaged within the past 5 years, in a continuing
+series of such offenses. The offenses described,
+whether committed, in whole or in part, within or
+outside of the United States and regardless of whether
+the offenses occurred before, on, or after the date of
+the enactment of this paragraph, are the following:
+``(i) A Federal, State, local, or Tribal
+offense that is punishable by imprisonment for
+more than 1 year and relates to a controlled
+substance (as so classified under the relevant
+Federal, State, local, or Tribal law),
+regardless of whether the substance is
+classified as a controlled substance under
+section 102 of the Controlled Substances Act
+(21 U.S.C. 802).
+``(ii) A foreign offense that is punishable
+by imprisonment for more than 1 year and
+relates to a controlled substance as defined
+under section 102 of the Controlled Substances
+Act (21 U.S.C. 802).
+``(iii) An offense that is punishable by
+imprisonment for more than 1 year and involves
+firearms or explosives (as defined under the
+relevant Federal, State, local, Tribal, or
+foreign law) or in violation of section 931 of
+title 18, United States Code (relating to
+purchase, ownership, or possession of body
+armor by violent felons).
+``(iv) An offense under section 274
+(relating to bringing in and harboring certain
+aliens), section 277 (relating to aiding or
+assisting certain aliens to enter the United
+States), or section 278 (relating to
+importation of alien for immoral purpose).
+``(v) A crime of violence (as defined in
+section 16(a) of title 18, United States Code).
+``(vi) A crime involving obstruction of
+justice, tampering with or retaliating against
+a witness, victim, or informant, or burglary
+(as such terms are defined under the relevant
+Federal, State, local, Tribal, or foreign law).
+``(vii) Any conduct punishable under--
+``(I) sections 1028, 1028A, and
+1029 of title 18, United States Code
+(relating to fraud, aggravated identity
+theft or fraud and related activity in
+connection with identification
+documents or access devices);
+``(II) sections 1581 through 1594
+of such title (relating to peonage,
+slavery, and trafficking in persons);
+``(III) section 1951 of such title
+(relating to interference with commerce
+by threats or violence);
+``(IV) section 1952 of such title
+(relating to interstate and foreign
+travel or transportation in aid of
+racketeering enterprises);
+``(V) section 1956 of such title
+(relating to the laundering of monetary
+instruments);
+``(VI) section 1957 of such title
+(relating to engaging in monetary
+transactions in property derived from
+specified unlawful activity); or
+``(VII) sections 2312 through 2315
+of such title (relating to interstate
+transportation of stolen motor vehicles
+or stolen property).
+``(viii) A conspiracy to commit an offense
+described in subclauses (I) through (VII) of
+clause (vii).'';
+(3) in subsection (b)--
+(A) in paragraph (1)--
+(i) by striking ``Attorney General'' and
+inserting ``Secretary of Homeland Security'';
+(ii) by inserting ``inadmissibility or''
+before ``deportability'';
+(iii) by striking ``under section
+237(a)(2)(A)(iii) (relating to conviction of an
+aggravated felony)''; and
+(iv) by inserting before ``section 240''
+the following ``issue a notice to appear under
+section 239 to initiate removal proceedings
+under'';
+(B) by amending paragraph (2) to read as follows:
+``(2) Alien described.--An alien is described in this
+paragraph if the alien--
+``(A) has been convicted of any criminal offense
+described in subparagraph (A) or is described in
+subparagraph (B) of section 238(a)(1), regardless of
+whether such alien is incarcerated; and
+``(B)(i) was not lawfully admitted for permanent
+residence at the time at which proceedings under this
+section commenced; or
+``(ii) had permanent resident status on a
+conditional basis (as described in section 216 of this
+title) at the time that proceedings under this section
+commenced.'';
+(C) in paragraph (3), by striking ``Attorney
+General'' and inserting ``Secretary of Homeland
+Security'';
+(D) in paragraph (4), by striking ``Attorney
+General'' each place it appears and inserting
+``Secretary of Homeland Security''; and
+(E) in paragraph (5)--
+(i) by inserting ``or Secretary of Homeland
+Security'' after ``Attorney General'';
+(ii) by inserting ``or Secretary's'' after
+``Attorney General's''; and
+(iii) by inserting ``, regardless of
+whether the alien is in proceedings under this
+section'' after ``discretion''; and
+(4) by redesignating the second subsection (c) as
+subsection (d).
+
+SEC. 3. DETENTION OF CRIMINAL ALIENS.
+
+Section 236(c) of the Immigration and Nationality Act (8 U.S.C.
+1226(c)) is amended--
+(1) in paragraph (1)--
+(A) in subparagraph (D), by striking ``or'' at the
+end;
+(B) by redesignating subparagraph (E) as
+subparagraph (F); and
+(C) by inserting after subparagraph (D) the
+following:
+``(E)(i) is inadmissible under section 212 or
+deportable under section 237; and
+``(ii)(I) is a member of a criminal gang (as
+defined in section 238(a)(6)(B)) or transnational
+criminal organization (as defined in section 3003(5) of
+the Act titled `Making emergency supplemental
+appropriations for the fiscal year ending September 30,
+2024, and for other purposes' (21 U.S.C. 2341(5))); or
+``(II) has been convicted of any felony, any
+misdemeanor with respect to which the underlying
+conduct was committed against a member of a vulnerable
+group (as defined in section 238(a)(3)(A)), any assault
+of a law enforcement officer, any sexual offense, any
+crime of domestic violence, any stalking offense, any
+crime with respect to which the underlying conduct was
+committed against a child (including sex trafficking of
+a minor or sexual abuse of a minor), any activity
+relating to material involving the sexual exploitation
+of a minor, or any violation of a protection order,
+or''; and
+(2) in paragraph (2)--
+(A) in the heading, by striking ``Definition'' and
+inserting ``Definitions''; and
+(B) by striking ``For purposes of paragraph
+(1)(E),'' and inserting the following:
+``(A) For purposes of paragraph (1)(E)(ii)(II), the
+terms and phrases in such paragraph have the meanings
+given such terms and phrases in the jurisdiction of
+conviction.
+``(B) For purposes of paragraph (1)(F),''.
+
+SEC. 4. EXCEPTION TO RESTRICTIONS ON REMOVAL.
+
+Section 241(b)(3)(B) of the Immigration and Nationality Act (8
+U.S.C. 1231(b)(3)(B)) is amended--
+(1) in clause (iii), by striking ``or'' at the end;
+(2) in clause (iv), by striking the period and inserting
+``; or''; and
+(3) by adding after clause (iv) the following:
+``(v) the alien has been convicted of any
+criminal offense described in subparagraph (A)
+or is described in subparagraph (B) of section
+238(a)(1), regardless of whether such alien is
+incarcerated or is in proceedings under section
+238.''.
+
+SEC. 5. INELIGIBILITY FOR ASYLUM.
+
+Section 208(b)(2)(A) of the Immigration and Nationality Act (8
+U.S.C. 1158(b)(2)(A)) is amended--
+(1) in clause (v), by striking ``or'' at the end;
+(2) in clause (vi), by striking the period at the end and
+inserting ``; or''; and
+(3) by adding at the end the following:
+``(vii) the alien has been convicted of any
+criminal offense described in subparagraph (A)
+or is described in subparagraph (B) of section
+238(a)(1), regardless of whether such alien is
+incarcerated or is in proceedings under section
+238.''.
+
+SEC. 6. INELIGIBILITY FOR OTHER IMMIGRATION RELIEF.
+
+An alien who has been convicted of any criminal offense described
+in subparagraph (A) or who is described in subparagraph (B) of section
+238(a)(1) of the Immigration and Nationality Act (8 U.S.C. 1128(a)(1)),
+regardless of whether such alien is incarcerated or is in proceedings
+under such section 238, shall be ineligible for any other relief under
+the immigration laws (as such term is defined in section 101 of the
+Immigration and Nationality (8 U.S.C. 1101)), including under section
+2242 of the Omnibus Consolidated and Emergency Supplemental
+Appropriations Act, 1999 (and any regulations issued pursuant to such
+section).
+
+SEC. 7. CONSTRUCTION; SEVERABILITY.
+
+Any provision of this Act or an amendment made by this Act held to
+be invalid or unenforceable by its terms, or as applied to any person
+or circumstance, shall be construed so as to give it the maximum effect
+permitted by law, unless such holding shall be utterly invalid or
+unenforceable, in which event such provision shall be deemed severable
+from this Act and shall not affect the remainder of this Act, or the
+application of such provision to other persons not similarly situated
+or to other, dissimilar circumstances.
+Union Calendar No. 477
+
+119th CONGRESS
+
+2d Session
+
+H. R. 5713
+
+[Report No. 119-555]
+
+_______________________________________________________________________
+
+A BILL
+
+To authorize the expedited removal of aliens who are criminal gang
+members, members of foreign terrorist organizations, or have been
+convicted of certain specified crimes.
+
+_______________________________________________________________________
+
+March 18, 2026
+
+Reported with an amendment, committed to the Committee of the Whole
+House on the State of the Union, and ordered to be printed

Cosponsors (9)

Members who signed on to support this bill.

Moore R
Hunt R
Fine R
Davidson R
Roy R
Nehls R
Cloud R
Luna R
Cline R