S. 3645 — Deportation Acceleration Act

This section directs the Attorney General, in consultation with the Secretary of Homeland Security, to establish within 180 days of enactment a process requiring state and local courts and law enforcement agencies to report every criminal conviction of a noncitizen to DHS within 24 hours via integration with existing federal databases, including that used by Secure Communities (i.e., a prior program matching fingerprints from arrests to immigration records). Upon receiving such information on a conviction rendering the noncitizen deportable under INA §237(a)(2) (8 U.S.C. 1227(a)(2)) (i.e., criminal grounds such as aggravated felonies or controlled substance offenses), DHS must initiate removal proceedings by issuing a Notice to Appear or an immigration detainer to the custodial state or local agency.

This section revises expedited removal authority under Section 238 of the Immigration and Nationality Act (INA) to apply to any noncitizen convicted of a felony or two misdemeanors (previously limited to aggravated felonies or specified offenses under INA Section 237(a)(2)(A)(iii), (B), (C), or (D), or certain crimes involving moral turpitude with two prior qualifying felonies). (1) It authorizes the Attorney General to conduct such proceedings at correctional facilities, initiate and complete them (including appeals) before the noncitizen's release from incarceration for the underlying crime, and detain affected noncitizens at appropriate facilities while preserving access to counsel; (2) for non-permanent residents, it authorizes the Attorney General to determine deportability and issue a removal order using these procedures or standard INA Section 240 processes (previously more limited); and (3) it makes conforming changes, including a new section header and redesignations. (Thus, the expansion enables streamlined removal without full hearings for a broader class of criminal noncitizens, potentially reducing detention needs and expediting post-incarceration deportations.)

This section amends removal proceedings under §240 of the Immigration and Nationality Act by— (1) directing the Attorney General to prioritize criminal removal cases on immigration court dockets and issue regulations ensuring appeals in such cases are resolved not later than 120 days after filing, to the maximum extent practicable; (2) revising the general rules for conducting proceedings to except those specified in subparagraphs (B) and (C) of subsection (b)(2); and (3) shortening a specified time limit in subsection (b)(5)(C) to 30 days (from 180 days) and the deadline for filing a motion to reopen a final administrative order of removal in subsection (c)(7)(C)(i) to 30 days (from 90 days).

This section defines a "sanctuary jurisdiction" as any state or political subdivision with a law, policy, or practice prohibiting or restricting the sharing of citizenship or immigration status information with the Department of Homeland Security (DHS) or compliance with DHS detainers or notification requests. It (1) authorizes $150 million annually for FY2026 and subsequent fiscal years for competitive grants to states and local governments fully cooperating with immigration detainers, 287(g) agreements (i.e., DHS deputization of state/local officers for immigration enforcement), and information sharing, with funds usable for detention capacity, officer training, and enforcement equipment; and (2) directs the Secretary of Transportation, beginning on the first day of the first fiscal year after enactment, to withhold 15% of a sanctuary jurisdiction's Highway Trust Fund apportionment unless it certifies to the DHS Secretary that it no longer qualifies as such, subject to a 180-day grace period after notification and appeal to the Attorney General for undue hardship.

This section applies the expedited removal of aliens convicted of a felony or two misdemeanors, as authorized under section 238 of the Immigration and Nationality Act (as amended by section 3), regardless of whether the relevant criminal acts or convictions occurred before, on, or after the date of enactment. (Thus, such aliens with prior convictions become eligible for expedited removal without a full hearing.)