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H.R.7343 Detain and Deport Aliens Who Assault Cops Act
Requires mandatory ICE detention for noncitizens charged with assaulting law enforcement officers (118th Congress)
View on Congress.govLegal & Constitutional Grounding
Mandatory detention on charges, not convictions, bypasses judicial discretion and due process protections.
5th Amendment, Due Process Clause — mandatory detention based on charges rather than convictions bypasses judicial discretion and the presumption of innocence
- Zadvydas v. Davis, 533 U.S. 678 (2001) — due process limits on civil immigration detention
Requires mandatory ICE detention for noncitizens charged with assaulting law enforcement. Mandatory detention based on charges rather than convictions bypasses judicial discretion and the presumption of innocence.