January 13, 2025
Mr. Cruz (for himself, Mrs. Capito, Mr. Cassidy, Mrs. Blackburn, Mr. Daines, Mr. Wicker, and Mr. Budd) introduced the following bill; which was read twice and referred to the Committee on the Judiciary
To remove aliens who fail to comply with a release order, to enroll all aliens on the ICE nondetained docket in the Alternatives to Detention program with continuous GPS monitoring, and for other purposes.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
Section 1. Short title
This Act may be cited as the Justice for Jocelyn Act
.
Sec. 2. Limitation on participation in Alternatives to Detention
No alien may be released as part of any program under an Alternatives to Detention program unless—
(1)
all detention beds available to the Secretary of Homeland Security have been filled;
(2)
there exists no available option to hold such alien in detention; and
(3)
the Secretary has exercised and exhausted all reasonable efforts to hold such alien in detention.
Sec. 3. GPS tracking and curfew requirements for certain aliens
Each alien on U.S. Immigration and Customs Enforcement’s nondetained docket shall be—
(1)
enrolled in an Alternatives to Detention program;
(2)
continuously subject to GPS monitoring—
(A)
for the duration of all applicable immigration proceedings, including any appeal; and
(B)
in the case of an alien who has been ordered removed from the United States, until removal; and
(3)
required to stay in their Alternatives to Detention-compliant home address between the hours of 10:00 p.m. and 5:00 a.m.
Sec. 4. Removal of aliens who fail to comply with release order
Section 240(b)(5) of the Immigration and Nationality Act (8 U.S.C. 1229a(b)(5)) is amended by adding at the end the following:
(F) Failure to comply with release order
If an immigration officer submits an affidavit to an immigration judge stating that an alien failed to comply with a condition of release under section 236(a), such alien shall be ordered removed in absentia.
Sec. 5. Severability
If any provision of this Act or the application of such provision to any person or circumstance is held by a Federal court to be unconstitutional, the remainder of this Act and the application of such provisions to any other person or circumstance shall not be affected.