H.R. 3859 — Returning Illegals over Turmoil Act

This section establishes a new ground for deportability under INA §237(a)(8) for aliens who incite or participate in assaults during civil unrest. An alien is deportable if (1) convicted of, or admits to, incitement to violence or physical participation in a riot or civil disturbance under federal, state, or local law; or (2) the acts involved an actual or attempted assault, battery, or use of force against a law enforcement officer or member of the Armed Forces (including during official duties or while in uniform), or willful destruction, defacement, or vandalism of public property (e.g., government vehicles, buildings, transit systems, or monuments); and (3) the alien was unlawfully present, a recipient of deferred action under the Deferred Action for Childhood Arrivals (DACA) policy, or a lawful permanent resident at the time of the offense. (Thus, this applies to certain noncitizens already in the United States, including some with temporary or permanent status, expanding grounds for removal proceedings.)

This section establishes a new permanent ground of inadmissibility under INA §212(a)(2)(J) for any alien removed under INA §237(a)(8) (i.e., for conviction of a riot-related offense against law enforcement). (Thus, such aliens are ineligible for visas or admission to the United States with no time limit or apparent waiver.)

This section makes aliens described under section 237(a)(8) ineligible for any form of relief from removal or adjustment of status, including (1) asylum, (2) cancellation of removal, (3) adjustment of status, (4) withholding of removal, or (5) deferred action or prosecutorial discretion. It also bars aliens removed under this Act from future benefits under DACA (Deferred Action for Childhood Arrivals).

This section requires the provisions of this Act to be enforced without discretion during (1) a national emergency declared by the President under the National Emergencies Act, (2) a major disaster declared under the Stafford Act, or (3) a state of emergency declared by a governor or mayor in the jurisdiction where the offense occurred.

This section authorizes the Secretary of Homeland Security, during the pendency of any emergency described in section 5, to designate offenses described in INA §237(a)(8) as grounds for expedited removal under INA §238. (INA §238 provides procedures for the expedited removal of certain criminal aliens without a hearing before an immigration judge.)

This section expands mandatory custody under INA §236(c)(1)—which requires detention without bond (except in limited witness protection cases) for certain criminal and terrorist aliens pending a removal decision—to include aliens deportable under new INA §237(a)(8) (i.e., aliens who incite or participate in assaults against law enforcement or military personnel during civil unrest).