RIOT Act (H.R. 3859)

Summary

Creates a rule to remove non-citizens from the country if they are convicted of assaulting police or taking part in a riot, and bans them from returning.

What problem does this solve?

Under current rules, non-citizens who attack police or destroy property during civil unrest might not face removal from the country. This bill makes those specific actions a reason for required deportation and permanently bans those individuals from coming back to the U.S.

What does this bill do?

Makes assaulting law enforcement a deportable offense

Makes any non-citizen deportable if they are convicted of or admit to assaulting a law enforcement officer or armed forces member during a riot or civil disturbance.

Bans deported individuals from ever returning

Makes any non-citizen who is removed for these riot-related offenses permanently unable to be admitted to the United States in the future.

Eliminates eligibility for relief

Blocks individuals covered by this act from receiving any form of relief from removal, including asylum, cancellation of removal, or deferred action like DACA.

Applies to DACA recipients and lawful permanent residents

Specifies that the rule applies to individuals who were unlawfully present, DACA recipients, or lawful permanent residents at the time of the offense.

Requires mandatory detention

Requires that non-citizens accused of these offenses be detained by the government while their removal case is pending.

Requires enforcement during emergencies

States that these rules must be applied without any exceptions during a national emergency, major disaster, or a state of emergency declared by a governor or mayor.

Allows for faster removal

Gives the Secretary of Homeland Security the power to use an expedited removal process for these offenses during a declared emergency.

Who does this affect?

Non-citizens (including DACA recipients and lawful permanent residents)
Law enforcement officers
Federal and state governments

What is the real world impact?

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Creates stricter immigration penalties

Removes any chance for relief, such as asylum or cancellation of removal, for individuals convicted of these offenses. Critics might argue this eliminates important protections and due process for immigrants, including those with legal status.

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Protects law enforcement and public property

Creates strong penalties for non-citizens who harm police officers or damage government property during riots, aiming to discourage such actions.

When does this start?

The rules would take effect as soon as the bill is signed into law and would apply to any offenses that happen on or after that date.