HR 2494 United States House · 118th Congress

POLICE Act of 2023

The POLICE Act of 2023 would amend the Immigration and Nationality Act to make it a grounds for deportation if a non-citizen assaults a law enforcement officer. This provision directly affects non-citizens (aliens) who commit such assaults, requiring mandatory deportation proceedings under immigration law. The bill adds a specific clause to the list of deportable offenses without changing criminal penalties for the assault itself. As a result, non-citizens who physically attack police officers or other law enforcement personnel would automatically face deportation as a consequence of their actions.

Issues: ✗ Immigration

Sub-Topics: Detention Enforcement Sanctuary Policies

Bill status passed 3 of 5 stages cleared

Introduction

Apr 2023

Committee Review

May 2023

House Passage

May 2023

Senate Passage

President

Introduced Apr 6, 2023 Last action May 18, 2023

Maddy AI version diff · 1 comparison

What changed between versions

Introduced in House → Engrossed in House · 4 edits · May 17, 2023

MODERATE

The Engrossed version of the POLICE Act significantly narrows the deportation ground for assaulting a law enforcement officer by requiring a conviction or formal admission (rather than just the act itself) and limiting it to assaults connected to the officer's official duties or status. It also adds definitions for 'assault' and 'law enforcement officer' and creates a new annual reporting requirement for DHS to publish deportation numbers under this provision.

Scope change

The bill's scope is narrowed: deportation now requires a conviction or formal admission plus a nexus to the officer's official duties or status, rather than applying to any assault on a law enforcement officer regardless of context.

ELIGIBILITY

The deportation ground now requires that the alien has been convicted of, admitted committing, or admitted acts constituting the essential elements of an assault offense, rather than simply stating that any alien who assaults a law enforcement officer is deportable.

SCOPE

New circumstances requirement limits deportability to assaults committed while the officer was engaged in official duties, because of the performance of official duties, or because of the officer's status as a law enforcement officer.

DEFINITION

'Assault' is defined by reference to the jurisdiction where the act occurred, and 'law enforcement officer' is defined as a person authorized to apprehend, arrest, or prosecute for criminal violations, or a firefighter or other first responder.

ENFORCEMENT

New Section 3 requires the Secretary of Homeland Security to submit an annual report to Congress and publish it on the DHS website detailing the number of aliens deported under this provision during the previous year.

Floor votes · House May 17, 2023

How they voted

255–175

Passed · 5 other

Total votes 435

May 17, 2023

D Democratic213

36 Yea 175 Nay 2

82% Nay

I Independent1

1 Yea

100% Yea

R Republican221

218 Yea 3

98% Yea

Vote distribution

All Yea All Nay Mixed No data

Full legislative history

Actions timeline

Total actions

Key actions

Committee

Amendments

May 18, 2023

Committee

Received in the Senate and Read twice and referred to the Committee on the Judiciary.

upper

May 17, 2023

Lower · Passed

On passage Passed by recorded vote: 255 - 175 (Roll no. 225).

lower

May 17, 2023

Lower · Passed

Passed/agreed to in House: On passage Passed by recorded vote: 255 - 175 (Roll no. 225).

lower

May 17, 2023

Lower · Passed

The House adopted the amendment in the nature of a substitute as agreed to by the Committee of the Whole House on the state of the Union.

lower

May 17, 2023

Lower · Passed

The House rose from the Committee of the Whole House on the state of the Union to report H.R. 2494.

lower

May 17, 2023

Lower · Passed

The House resolved into Committee of the Whole House on the state of the Union for further consideration.

lower

May 17, 2023

Lower · Passed

Committee of the Whole House on the state of the Union rises leaving H.R. 2494 as unfinished business.

lower

May 17, 2023

Lower · Passed

On motion that the committee rise Agreed to by voice vote.

lower

May 17, 2023

Lower · Passed

Mr. Moore (AL) moved that the committee rise.

lower

May 17, 2023

Introduced

POSTPONED PROCEEDINGS - At the conclusion of debate on the Correa amendment No. 2, the Chair put the question on agreeing to the amendment and by voice vote announced the noes had prevailed. Mr. Correa demanded a recorded vote and the Chair postponed further proceedings until a time to be announced.

lower

May 17, 2023

Lower · Passed

DEBATE - Pursuant to the provisions of H. Res. 398, the Committee of the Whole proceeded with 10 minutes of debate on the Correa amendment No. 2.

lower

May 17, 2023

Introduced

POSTPONED PROCEEDINGS - At the conclusion of debate on the Boebert amendment No. 1, the Chair put the question on agreeing to the amendment and by voice vote announced the ayes had prevailed. Mrs. Boebert demanded a recorded vote and the Chair postponed further proceedings until a time to be announced.

lower

May 17, 2023

Lower · Passed

DEBATE - Pursuant to the provisions of H. Res. 398, the Committee of the Whole proceeded with 10 minutes of debate on the Boebert amendment No. 1.

lower

May 17, 2023

Lower · Passed

GENERAL DEBATE - The Committee of the Whole proceeded with one hour of general debate on H.R. 2494.

lower

May 17, 2023

Lower · Passed

The Speaker designated the Honorable James C. Moylan to act as Chairman of the Committee.

lower

May 17, 2023

Lower · Passed

House resolved itself into the Committee of the Whole House on the state of the Union pursuant to H. Res. 398 and Rule XVIII.

lower

May 15, 2023

Lower · Passed

Rules Committee Resolution H. Res. 398 Reported to House. Rule provides for consideration of H.R. 2494, H.R. 3091 and H. Con. Res. 40. The resolution provides for consideration of H.R. 2494 under a structured rule with one hour of general debate; H.R. 3091 under a structured rule with one hour of general debate; and H.Con.Res. 40 under a structured rule with one hour of general debate. The resolution provides for a motion to recommit on H.R. 2494 and H.R. 3091.

lower

May 15, 2023

Lower · Passed

Reported (Amended) by the Committee on Judiciary. H. Rept. 118-55.

lower

May 10, 2023

Introduced

Ordered to be Reported (Amended) by the Yeas and Nays: 15 - 11.

lower

May 10, 2023

Lower · Passed

Committee Consideration and Mark-up Session Held.

lower

Apr 6, 2023

Committee

Referred to the House Committee on the Judiciary.

lower

Apr 6, 2023

Introduced

Introduced in House

lower

1 primary · 16 co-sponsors