What does Preamble of HR 5713 do?

This bill aims to authorize the expedited removal of aliens. The expedited removal process would apply to individuals who are criminal gang members. It would also apply to those who are members of foreign terrorist organizations. Furthermore, the expedited removal process would apply to aliens convicted of certain specified crimes.

What does SHORT TITLE. of HR 5713 do?

This bill is formally titled the Expedited Removal of Criminal Aliens Act.

What does EXPEDITED REMOVAL. of HR 5713 do?

This section amends Section 238 of the Immigration and Nationality Act. It revises the expedited removal process for certain criminal aliens. The definition of offenses triggering expedited removal is broadened, including offenses covered in section 237(a)(2)(A)(iii), (B), (C), or (D), and offenses involving membership in criminal gangs or foreign terrorist organizations. The Secretary of Homeland Security, rather than the Attorney General, is now primarily responsible for administering these proceedings. Special removal proceedings must be conducted in conformity with section 240 and aim to eliminate additional detention at processing centers. The definition of 'member of a vulnerable group' is established, including individuals under 16, pregnant women, those with disabilities, and those over 65.

What does DETENTION OF CRIMINAL ALIENS. of HR 5713 do?

This section amends Section 236(c) of the Immigration and Nationality Act. It modifies paragraph (1) by striking 'or' at the end of subparagraph (D) and redesignating subparagraph (E) as subparagraph (F). A new subparagraph (E) is inserted after subparagraph (D), specifying conditions for detention including inadmissibility under section 212 or deportability under section 237. Subparagraph (E)(ii) outlines criteria for detention, including membership in a criminal gang or transnational criminal organization, or conviction of specific felonies or misdemeanors. The listed offenses include crimes against vulnerable groups, assaults on law enforcement, sexual offenses, domestic violence, stalking, crimes against children, and violations of protection orders. Paragraph (2) is amended to change the heading from 'Definition' to 'Definitions'. The text clarifies that terms in paragraph (1)(E)(ii)(II) have the meanings given in the jurisdiction of conviction.

What does EXCEPTION TO RESTRICTIONS ON REMOVAL. of HR 5713 do?

This section amends Section 241(b)(3)(B) of the Immigration and Nationality Act. The amendment strikes 'or' at the end of clause (iii). The amendment strikes the period in clause (iv) and inserts '; or'. The amendment adds a new clause (v) to the section. Clause (v) states that the alien has been convicted of a criminal offense described in subparagraph (A) or is described in subparagraph (B) of section 238(a)(1), regardless of incarceration or pending proceedings.

What does INELIGIBILITY FOR ASYLUM. of HR 5713 do?

This section amends Section 208(b)(2)(A) of the Immigration and Nationality Act. The amendment strikes 'or' at the end of clause (v). The amendment strikes the period at the end of clause (vi) and inserts '; or'. The amendment adds a new clause (vii) to Section 208(b)(2)(A). Clause (vii) states that an alien is ineligible for asylum if convicted of a criminal offense described in subparagraph (A) or described in subparagraph (B) of section 238(a)(1).

What does INELIGIBILITY FOR OTHER IMMIGRATION RELIEF. of HR 5713 do?

This section establishes ineligibility for certain aliens to receive immigration relief. The ineligibility applies to aliens convicted of offenses described in subparagraph (A) or (B) of section 238(a)(1) of the Immigration and Nationality Act. This ineligibility extends regardless of whether the alien is incarcerated or in proceedings under section 238. The ineligibility encompasses any other relief under the immigration laws, including relief under section 2242 of the Omnibus Consolidated and Emergency Supplemental Appropriations Act, 1999.

What does CONSTRUCTION; SEVERABILITY. of HR 5713 do?

This section outlines principles of construction and severability for the Act. If a provision is found to be invalid or unenforceable, it will be construed to have the maximum effect possible under the law. If a holding is 'utterly invalid or unenforceable,' the provision will be deemed severable and will not affect the rest of the Act or its application to others.

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Expedited Removal of Criminal Aliens Act — HR. 5713

Last updated: 11/20/2025 · Introduced: 10/8/2025

Author: Brandon Gill (R-TX)

TL;DR (AI)

This bill broadens the expedited removal process to include individuals convicted of specific crimes, members of criminal gangs, or members of foreign terrorist organizations.
It shifts primary responsibility for administering expedited removal proceedings from the Attorney General to the Secretary of Homeland Security, while establishing protections for vulnerable individuals.
The bill modifies detention guidelines for criminal aliens, expanding the criteria for detention to include gang membership, convictions for specific felonies or misdemeanors (including crimes against vulnerable groups), and violations of protection orders.

119th Congressin committeeOfficial page

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Includes provisions on preamble, short title., and 6 more.

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