H.R. 134 — Protecting our Communities from Sexual Predators Act

This section provides the short title of the Act as the “Protecting our Communities from Sexual Predators Act.”

This section expands mandatory detention under section 236(c)(1) of the Immigration and Nationality Act (8 U.S.C. 1226(c)(1)) to include certain aliens who are inadmissible under section 212(a)(6)(A), 212(a)(6)(C), or 212(a)(7) and who are charged with, arrested for, convicted of, or admit committing acts constituting the essential elements of an offense involving sexual assault, as defined in section 214(d)(3)(A). (Thus, these aliens become subject to detention by the Department of Homeland Security upon release from custody, without the discretionary release authority otherwise available under section 1226(a).)

This section expands the grounds of inadmissibility under 8 U.S.C. § 1182(a)(2) by adding a new sexual assault category, making any alien who has been convicted of, admits having committed, or admits committing acts constituting the essential elements of an offense involving sexual assault inadmissible. (Thus, the provision bars admission to the United States for noncitizens with qualifying sexual assault convictions or admissions, as defined in 8 U.S.C. § 214(d)(3)(A).)