Legislation would close loophole in criminal deportation law

U.S. Sens. John Thune (R-SD), Thom Tillis (R-NC), James Lankford (R-OK), and Jerry Moran (R-KS) reintroduced the Reverse Entry for Migrant Offenders and Violence Expulsion (REMOVE) Act, which closes a loophole presently enabling noncitizens convicted of violent crimes to remain in the United States.

Over the years, the Supreme Court has ruled portions of the federal criminal code unconstitutionally vague. Criminal defendants have successfully sought relief from long sentences on the grounds that the statutory definitions of their crimes gave insufficient notice of their actions’ consequences.

“Illegal immigrants, especially those who commit heinous crimes such as kidnapping or sexual assault, cannot be allowed to remain in our country,” Thune said. “These are inherently violent crimes, and we must do everything we can to ensure that our kids and grandkids are safe in our communities. I’m proud to lead this common-sense legislation that would close an egregious loophole that permits criminals to stay in our country.”

Tillis said criminals are taking advantage of the nation’s open border, and many stay in the United States regardless if they’ve been convicted of a crime.

The measure closes the loophole in current law and removes any illegal immigrant convicted of crimes such as kidnapping or sexual assault.

“The Biden Administration is apparently struggling to decide whether sex crimes are violent crimes,” Lankford said. “Their new rules on what constitutes violent crimes are designed to limit the number of people that could be deported, including some sex offenders found guilty of sex crimes while in our nation illegally. Every Oklahoman believes that an illegal immigrant who is a kidnapper or commits sexual assault should be deported.”