House Republicans Seek to Lower Threshold For Deportable Offenses in New Rules Package

As the new year kicks off and the incoming Congress is set to be sworn in Jan. 3, the GOP is gearing up to have a majority in both chambers of Congress. In this context, House Republicans have released their proposed rules for the incoming group, which includes several changes on immigration enforcement.

One of the new proposed rules is for the Department of Homeland Security to be allowed to take undocumented migrants into custody who have been previously charged with theft, and for "other purposes."

The 36-page document also includes other proposals including a bill that declares assaulting a law enforcement officer a deportable offense, one making sanctuary cities ineligible for federal funds that benefit migrants, one that makes migrants who committed sex offenses or domestic violence deportable, and more.

The proposed bills show a significant change in deportation proceedings at a time when the incoming administration promises to enact historic crackdowns on immigration across the country.

Immigration and Customs Enforcement (ICE) usually gives immigration detainers— a request that asks a federal, state or local law enforcement agency to notify ICE before the release of a "removal noncitizen' and hold the noncitizen for up to an additional 48 hours— after a court has convicted a person of one or more crimes, and typically when the "noncitizen poses a public safety or national security threat."

ICE issues detainers against people who have been convicted of: burglaries and robberies, kidnapping, homicide, sexual assault, weapons offenses, drug trafficking and human trafficking.

Officials only lodge immigration detainers against migrants when there's "probable cause" to believe that the person is removable from the U.S. under federal immigration law.

While the new bill provides little details on the logistics of the new proceedings, the language of the bill signifies a lower threshold for deportable offenses, making it easier for federal authorities to deport undocumented migrants.

For one, burglaries and robberies are not legally considered the same as theft. Theft, which includes the unlawful removal of property, is often penalized as misdemeanors or felonies, depending on the value or type of property stolen. While, robberies, which refers to the violent theft of property or money from someone against their will through the use of force or threats, tend to carry stiff felony penalties.

Likewise, experts worry that new bills may complicate the relationship between ICE and law enforcement agencies.

"If ICE opts to bypass the state criminal justice process entirely— taking individuals into custody immediately upon request— it could undermine the state's sovereign authority to prosecute its own cases." Alfredo Lozano, the owner and principal attorney of Lozano Law Firm PLLC, a law firm based in San Antonio, Texas, told The Latin Times. "Such an approach might create conflict of interest between local, state, and federal jurisdictions, raising questions about the balance of power and legal priorities among these entities."

"The implications of these conflicts merit thoughtful discussion, as they could redefine the interplay between immigration enforcement and criminal justice at every level," he continued.

The House is scheduled to reconvene on Jan. 3 to vote to elect a speaker, swimwear in its members and vote on the rules package.