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.
Summary
H.R. 4703 aims to establish a system within the Department of Homeland Security (DHS) to track, record, and report instances of U.S. citizens and lawful permanent residents (LPRs) who are detained or removed for immigration enforcement purposes. The bill mandates the creation of a standardized system to be implemented within 180 days of enactment. This system will report quarterly to relevant congressional committees.
The system must track instances where citizens or LPRs are apprehended and detained by federal, state, or local law enforcement agencies and then transferred to DHS custody. It also requires a process for individuals to submit information proving their citizenship or LPR status.
The bill defines key terms such as "appropriate committees of Congress," "immigration laws," and "removed" to provide clarity and ensure consistent application of the tracking and reporting requirements.
Expected Effects
If enacted, H.R. 4703 will lead to increased transparency and accountability in immigration enforcement actions by DHS. It will require DHS to systematically track and report instances of mistaken detention or removal of U.S. citizens and LPRs.
This could lead to policy changes within DHS to prevent future errors and ensure due process. The reporting requirements will also provide Congress with valuable data for oversight and potential legislative reforms.
Potential Benefits
- Increased transparency in immigration enforcement actions.
- Improved accountability within DHS regarding detention and removal processes.
- Enhanced protection of the rights of U.S. citizens and lawful permanent residents.
- Provision of data to Congress for oversight and potential legislative reforms.
- Reduction in wrongful detentions and removals.
Potential Disadvantages
- Potential for increased administrative burden and costs for DHS.
- Risk of data inaccuracies or incomplete reporting.
- Possible delays in immigration enforcement actions due to increased scrutiny.
- Potential for privacy concerns related to the collection and storage of personal information.
- Risk of political misuse of the reported data.
Constitutional Alignment
The bill aligns with constitutional principles of due process and equal protection under the law, as it seeks to prevent wrongful detention and removal of U.S. citizens and lawful permanent residents. The Fifth Amendment guarantees due process, and this bill aims to ensure that individuals are not deprived of their liberty without due process of law.
Furthermore, the reporting requirements to Congress align with the principle of congressional oversight, as outlined in Article I, Section 8, which grants Congress the power to make laws necessary and proper for carrying out its enumerated powers. The establishment of a tracking system and reporting mechanism can be seen as a means to ensure that the executive branch is acting within the bounds of the law and respecting the rights of citizens and LPRs.
However, the bill's impact on immigration enforcement could raise concerns related to national security and border control, potentially implicating Article I, Section 8, which grants Congress the power to regulate immigration and naturalization.
Impact Assessment: Things You Care About ⓘ
This action has been evaluated across 19 key areas that matter to you. Scores range from 1 (highly disadvantageous) to 5 (highly beneficial).