To establish a system to track, record, and report all instances in which a United States citizen or individual lawfully admitted for permanent resident was, for the purpose of immigration enforcement, detained or removed by the Department of Homeland Security, and for other purposes.
- Sponsor
- Rep. McClellan, Jennifer L. [D-VA-4]
- Committees
- Judiciary Committee (primary)
- Last action
- Jul 23, 2025
Bottom line
The bill aims to enhance transparency and accountability in immigration enforcement by requiring DHS to systematically track and report instances of U.S. citizens and LPRs being detained or removed.
What it actually does
This bill mandates the Department of Homeland Security (DHS) to establish a system to track, record, and report all instances where U.S. citizens or lawful permanent residents (LPRs), including those whose LPR status was recently revoked, are detained for at least 24 hours or removed for immigration enforcement purposes. It also requires DHS, in collaboration with the Department of State, to create a process for individuals to submit proof of their citizenship or LPR status.
Proponents argue
Supporters argue that this bill is crucial for protecting the rights of U.S. citizens and lawful permanent residents by ensuring that instances of wrongful detention or removal are systematically recorded and reported. They contend that such a system will increase transparency, allow for better oversight of immigration enforcement practices, and help identify and address systemic issues that lead to such errors, thereby preventing future injustices.
Opponents contend
Critics might argue that establishing and maintaining such a comprehensive tracking and reporting system would impose significant administrative burdens and costs on DHS, potentially diverting resources from essential immigration enforcement operations. They may also contend that existing mechanisms for redress are sufficient and that the number of wrongful detentions or removals of U.S. citizens and LPRs is not high enough to warrant a dedicated, resource-intensive system.
The bill is short and clearly written, making it accessible for a quick read and easy to understand its core provisions.
Section 1(a)(1)
Establishment of Tracking and Reporting System
This provision requires the Secretary of Homeland Security to create a standardized system within 180 days of the bill's enactment. This system will track, record, and report quarterly to Congress all instances where a U.S. citizen, a lawful permanent resident (LPR), or an individual whose LPR status was revoked within the last 30 days, was detained by DHS for at least 24 hours or removed for immigration enforcement purposes.
Supporters argue
Supporters assert that this system is vital for identifying patterns of wrongful enforcement, ensuring accountability within DHS, and providing Congress with the necessary data to legislate effectively on immigration matters. They believe it will deter errors and protect fundamental rights.
Critics contend
Critics may argue that the system could be costly and complex to implement, potentially diverting resources from other critical enforcement priorities. They might also suggest that existing internal review processes are sufficient to address individual cases.
Tradeoffs
The provision balances the need for government transparency and accountability with the administrative and financial costs of establishing and maintaining a new, comprehensive data collection system across a large federal agency.
Section 1(b)
Process for Proof of Citizenship or LPR Status
This section mandates that, within 180 days of enactment, the Secretary of Homeland Security, in collaboration with the Secretary of State, must establish a formal process. This process will allow any U.S. citizen or LPR who has been detained, removed, or apprehended for immigration enforcement to submit information proving their legal status to DHS.
The system must track individuals whose status as a lawful permanent resident has been revoked for not more than 30 days.
Section 1(a)(1)
Why it matters:This is likely standard legislative practice to ensure comprehensive coverage within a definition, rather than an attempt to obscure the provision.
Case for: Supporters would argue that including recently revoked LPRs is crucial to catch cases where an individual's status might be in dispute or undergoing appeal, preventing premature or erroneous removal during a critical period.
Case against: Critics might argue that tracking individuals whose LPR status has been revoked, even recently, could add unnecessary complexity to the system, as their legal status is already in question.
Estimated impact: This expands the scope of individuals covered by the tracking system to include a specific, potentially vulnerable group who may still have legal recourse or whose revocation might be under review.
The system must include instances where a U.S. citizen or LPR was apprehended and detained by another Federal, State, or local law enforcement agency and then transferred to DHS custody for detention or removal.
Section 1(a)(2)
Why it matters:This is a technical detail ensuring the comprehensiveness of the tracking system, reflecting the multi-agency nature of immigration enforcement, and is a standard way to define scope.
Case for: Proponents emphasize that this ensures a holistic view of how U.S. citizens and LPRs enter the immigration enforcement pipeline, regardless of the initial apprehending agency. It closes a potential loophole where initial detentions by non-DHS entities could be missed.
Case against: Opponents might point to the logistical challenges of requiring DHS to collect data on actions initiated by other federal, state, and local agencies, potentially increasing the administrative burden and requiring new inter-agency data sharing agreements.
Estimated impact: This provision significantly broadens the scope of data collection, ensuring that the system captures the full spectrum of interactions leading to DHS detention or removal, rather than just direct DHS apprehensions.