Gaetz’s Controversial ALIEN Act: A New Legal Landscape for Immigration Victims?

Florida Representative Matt Gaetz is preparing to present a contentious bill this week that seeks to enable federal judges to grant damages to victims harmed by illegal immigrants. This proposal could significantly change the legal framework surrounding immigration-related offenses.

The legislation, known as the Allocating Liability to Illegal Entrants in National Courts (ALIEN) Act, aims to modify the Immigration and Nationality Act, a foundational law for U.S. immigration policy established in 1952 which has seen numerous amendments over the years. This act outlines procedures for visa issuance, admission, deportation, and naturalization.

“The Biden-Harris administration has allowed millions of illegal immigrants into the country and has triggered a surge in migrant crime,” Gaetz stated. “My bill, the ALIEN Act, will empower federal judges to grant restitution to Americans who have suffered harm, whether to person or property, due to illegal immigrants. Americans deserve the chance for compensation for their suffering.”

The introduction of this bill coincides with heightened Republican calls for stricter border security as the 2024 election approaches. Former President Trump, the presumptive GOP presidential candidate, has consistently advocated for enhanced border defenses and has vowed to initiate mass deportations if he wins in November.

There have been reports of illegal immigrants being involved in severe crimes against Americans in recent years, which Republicans attribute to what they describe as inadequate border policies under the Biden-Harris administration.

Local reports, alongside information from the GOP-led House Judiciary Committee, revealed the case of an illegal Venezuelan immigrant allegedly linked to gang activity, who has purportedly committed 22 offenses within a six-month span in New York City but has not yet been deported.

In a tragic incident, a 12-year-old girl in Houston, Jocelyn Nungaray, was reportedly strangled to death by two Venezuelan illegal immigrants. Additionally, the high-profile murder of 22-year-old Laken Riley, a college student in Georgia, further fueled Republican outrage.

“This situation is going to deteriorate under a Kamala-Walz administration,” warned Brandon Judd of the National Border Patrol Council. “Their decisions prioritize their political constituency over the safety and security of the American public, which is why we are witnessing this crisis. It frustrates every Border Patrol agent.”

Data from U.S. Customs and Border Protection indicates that since 2021, there has been an increase in the apprehension of criminal illegal migrants attempting to cross the southern border, amounting to around 13,000 in Fiscal Year 2024. Many of these migrants had prior convictions for offenses including assault, domestic violence, manslaughter, or sexual crimes.

Before Fiscal Year 2021, border apprehensions had been trending downward, according to available data.

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