BE GONE Act
- Sponsor
- Sen. Ernst, Joni [R-IA]
- Committees
- Judiciary Committee (primary)
- Last action
- Apr 29, 2025
Bottom line
The BE GONE Act expands the definition of aggravated felony to include sexual assault and aggravated sexual violence, aiming to expedite the deportation of non-citizens convicted of these crimes.
What it actually does
This bill amends the Immigration and Nationality Act to explicitly include "sexual assault and aggravated sexual violence" within the definition of an "aggravated felony." This classification subjects non-citizens convicted of these crimes to mandatory detention and expedited removal from the United States, while also severely limiting their eligibility for various forms of immigration relief.
Proponents argue
Supporters argue that this legislation is a critical step to enhance public safety and national security by ensuring that non-citizens who commit serious violent sexual crimes are swiftly removed from the country. They contend it closes a perceived loophole, aligning immigration law with the severity of these offenses and protecting communities from dangerous individuals.
Opponents contend
Critics might argue that existing law already provides sufficient mechanisms for deporting individuals convicted of serious crimes, and that further expanding the "aggravated felony" definition could lead to unintended consequences, such as applying retroactively or impacting individuals whose convictions might not meet a strict interpretation of "aggravated sexual violence" in all contexts. Some may also raise concerns about due process or the potential for disproportionate impacts based on varying state laws regarding sexual assault definitions.
The bill is exceptionally short and can be read and understood in less than a minute, making it highly accessible for public review.
Section 2
Inclusion of Sexual Assault and Aggravated Sexual Violence in Aggravated Felony Definition
This provision amends Section 101(a)(43) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(43)), which lists crimes considered "aggravated felonies." By adding "sexual assault and aggravated sexual violence" to this list, the bill ensures that any non-citizen convicted of such crimes will be classified as an aggravated felon. This classification triggers mandatory detention, expedited removal proceedings, and makes these individuals ineligible for most forms of immigration relief, such as asylum or cancellation of removal, thereby streamlining their deportation.
Supporters argue
Supporters argue that classifying these heinous crimes as aggravated felonies is a necessary and logical step to protect communities and ensure that individuals who commit such offenses are not allowed to remain in the United States. They emphasize that victims deserve justice and that the swift removal of such offenders is a paramount matter of public safety and national security.
Critics contend
Some legal advocates and civil liberties groups might argue that existing immigration law already provides sufficient grounds for deporting individuals convicted of serious crimes, and that further expanding the "aggravated felony" definition could lead to overly broad interpretations or unintended consequences, potentially impacting individuals whose cases might warrant more individualized review under current law or whose convictions might not align with the most severe interpretations of these terms.
Tradeoffs
The bill navigates the tension between the desire for swift and decisive removal of dangerous offenders and potential concerns regarding the precise scope and interpretation of "sexual assault and aggravated sexual violence" across different jurisdictions, as well as the due process rights of non-citizens in removal proceedings.