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S. 72·119th Congress·Introduced Jan 13, 2025

Justice for Jocelyn Act

IntroducedImmigrationMajor
View bill text
Sponsor
Sen. Cruz, Ted [R-TX]
Committees
Judiciary Committee (primary)
Last action
Jan 13, 2025

Bottom line

The bill expands surveillance and restrictions for non-detained aliens, prioritizes detention, and introduces automatic removal for non-compliance with release conditions, aiming to enhance immigration enforcement and public safety.

What it actually does

This bill significantly tightens immigration enforcement by mandating that all aliens on U.S. Immigration and Customs Enforcement's (ICE) nondetained docket be enrolled in an Alternatives to Detention (ATD) program with continuous GPS monitoring and a nightly curfew. It also restricts ATD eligibility, making detention the default unless all beds are full, and mandates automatic in absentia removal for aliens who fail to comply with any condition of a release order.

Proponents argue

Proponents argue this bill enhances national security and public safety by ensuring greater accountability and monitoring of non-detained aliens, preventing abscondment, and deterring non-compliance with immigration orders. They emphasize the need to close perceived loopholes in the current system and ensure that individuals awaiting immigration proceedings remain trackable and adhere to their release conditions, especially in light of high-profile cases of non-compliance.

Opponents contend

Opponents would likely argue that the bill imposes overly restrictive and potentially inhumane conditions on individuals who have not been convicted of crimes, expanding surveillance unnecessarily. They might contend that mandating GPS tracking and curfews for all non-detained aliens is an excessive and costly measure that could overwhelm ATD programs and lead to a higher rate of in absentia removal orders due to minor compliance issues, rather than focusing on individualized risk assessments and due process.

The bill is short and its provisions are relatively straightforward, making it accessible for a quick review by an informed reader.

Section 2

Limitation on Participation in Alternatives to Detention

prominently featuredstraightforward

This section prohibits the release of any alien into an Alternatives to Detention (ATD) program unless all available detention beds for the Secretary of Homeland Security are full, no other detention options exist, and all reasonable efforts to detain the alien have been exhausted. This effectively makes detention the primary default for all aliens, with ATD serving as a last resort only when physical detention is impossible.

GroupImpactMechanismScale
GroupAliens awaiting immigration proceedingsImpactIncreased likelihood of detention, reduced access to ATD programs, potentially longer periods of detention.MechanismStatutory requirement to prioritize physical detention over ATD placement.ScaleAffects all aliens who would otherwise be eligible for ATD, potentially leading to a significant increase in the detained population.
GroupDepartment of Homeland Security (DHS)/ICEImpactIncreased operational burden and potential need for more detention capacity and resources.MechanismMandate to fill all detention beds before using ATD, requiring constant assessment of bed availability.ScaleSignificant impact on resource allocation, operational strategy, and budget for detention facilities.

Supporters argue

Supporters argue this ensures that individuals who pose potential flight risks or public safety concerns are detained, enhancing national security and immigration enforcement integrity. They believe ATD should only be used when detention is absolutely impossible, thereby maximizing control over individuals awaiting immigration proceedings.

Critics contend

Critics contend this provision will lead to a significant increase in detention, straining federal resources, and potentially detaining individuals who pose no flight or safety risk, which is costly and goes against humanitarian principles. They argue it removes discretion from immigration officials to make appropriate individualized release decisions based on risk assessments.

Tradeoffs

This provision balances the desire for stricter enforcement and perceived national security against the substantial costs and humanitarian concerns associated with increased detention, and the flexibility of individualized risk assessments.

Section 3

GPS Tracking and Curfew Requirements for Certain Aliens

prominently featuredstraightforward

This section mandates that every alien on U.S. Immigration and Customs Enforcement's (ICE) nondetained docket must be enrolled in an Alternatives to Detention (ATD) program, be continuously subject to GPS monitoring throughout their immigration proceedings (including appeals), and remain at their ATD-compliant home address between 10:00 p.m. and 5:00 a.m. This significantly expands surveillance and movement restrictions for this population.

Section 4

Removal of Aliens Who Fail to Comply with Release Order

prominently featuredmoderately complex

This section amends the Immigration and Nationality Act to mandate that if an immigration officer submits an affidavit to an immigration judge stating that an alien failed to comply with any condition of release under section 236(a), that alien "shall be ordered removed in absentia." This creates an automatic removal order without a formal hearing if a release condition is violated, shifting the burden of proof and opportunity to respond.

About this analysis. AI-Generated from the official bill text and available committee reports. Gaps in available data are noted explicitly. Verify important details with the official Congress.gov record.

On this page

  • Executive summary
  • Key provisions
  • Follow the money
  • Critical analysis
  • Questions to ask
  • Implementation
  • Political analysis
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