Mar 13 2023

WASHINGTON, D.C. - U.S. Senator Thom Tillis (R-NC) recently reintroduced the Reverse Entry for Migrant Offenders and Violence Expulsion (REMOVE)Act, legislation that would close a loophole that currently prevents the United States from deporting criminal immigrants who are convicted of kidnapping or sexual assault.

“Dangerous criminals are taking advantage of our open border, and many stay in the United States regardless if they’ve been convicted of a crime,” said Senator Tillis. “This legislation closes the loophole in current law and removes any illegal immigrant who is convicted of crimes such as kidnapping or sexual assault.”

Over the years, portions of the federal criminal code have been ruled to be unconstitutionally vague by the Supreme Court. 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. 

In 2018, the Supreme Court ruled in Sessions v. Dimaya that a residual or “catchall” provision of the criminal code (18 USC § 16(b)) incorporated into the Immigration and Nationality Act was unconstitutionally vague. The result inSessions v. Dimaya was that a noncitizen criminal defendant convicted under 16(b) could not be deported, which the REMOVE Act seeks to correct.