The BE GONE Act would amend the Immigration and Nationality Act to add sexual assault and aggravated sexual violence as a new category (V) within the list of aggravated felonies. It also reworks the existing enumeration of offenses in INA 101(a)(43) by altering the punctuation around subparagraphs (T) and (U) so the new category fits cleanly alongside existing items.
The practical effect is to treat aliens convicted of these offenses as aggravated felons, triggering removal pathways intended to expedite enforcement. The bill is a narrow statutory adjustment focused on violent offenses, designed to shorten the time to removal for offenders who have committed sexual violence and related crimes.
This is framed as a public-safety enhancement by broadening the grounds for removal under federal law, without creating new offenses or penalties beyond those already defined by the underlying crimes.
At a Glance
What It Does
Amends INA 101(a)(43) to insert new subparagraph (V) for ‘sexual assault and aggravated sexual violence’ and adjusts the surrounding list punctuation to accommodate the addition. This makes those offenses eligible for aggravated felony treatment.
Who It Affects
Aliens convicted of sexual assault or aggravated sexual violence; federal immigration authorities implementing removal and expedited procedures.
Why It Matters
Broadens the set of offenses that qualify as aggravated felonies under the INA, enabling faster removal actions against violent offenders and signaling a higher emphasis on removing individuals who commit serious sexual crimes.
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What This Bill Actually Does
The BE GONE Act is a targeted change to federal immigration law. Section 2 adds a new item to the list of aggravated felonies—sexual assault and aggravated sexual violence—within the INA’s long catalog of offenses that trigger removal.
To fit the new item into the existing list, the bill also tweaks the way the list is punctuated, ensuring a seamless reading of all categories that characterize aggravated felonies. By adding these offenses, the government would be able to apply expedited removal procedures to aliens convicted of them, potentially shortening the time from conviction to removal.
The reform requires no new crime definitions; it simply elevates a specific set of violent crimes to aggravated felony status under current law, expanding the enforcement toolkit for dealing with foreign nationals who commit these offenses.
The Five Things You Need to Know
Adds (V) to INA 101(a)(43): sexual assault and aggravated sexual violence.
Reconfigures the T/U subparagraph punctuation to accommodate the new category.
Subjects offenders of these crimes to aggravated felony removal standards.
Applies to aliens subject to INA-based removal, via expedited processes.
Adopts the BE GONE Act short title for this policy change.
Section-by-Section Breakdown
Every bill we cover gets an analysis of its key sections.
Short Title
This section provides the act’s formal short title: the BE GONE Act. It designates the bill’s label for citation and reference in enforcement and Congressional records.
Expanding the definition of aggravated felonies
This section amends INA 101(a)(43). It adds a new subparagraph (V) for sexual assault and aggravated sexual violence and reworks the enumeration around subparagraphs (T) and (U) so the list ends with “and” before the new item. The practical effect is to classify individuals convicted of these offenses as aggravated felons, enabling removal under expedited procedures.
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Explore Immigration in Codify Search →Who Benefits and Who Bears the Cost
Every bill creates winners and losers. Here's who stands to gain and who bears the cost.
Who Benefits
- Federal immigration authorities (ICE and DHS) gain a clearer, faster pathway to remove violent offenders.
- Immigration courts and prosecutors who handle removal cases benefit from a streamlined framework for enforcing existing laws against seriously violent noncitizens.
- Communities with higher concerns about sexual violence may experience perceived safety improvements due to quicker removal of violent offenders.
Who Bears the Cost
- Noncitizens convicted of sexual assault or aggravated sexual violence face expedited removal timelines and potential reductions in review opportunities.
- DHS and the immigration system may incur higher case throughput and detention/removal costs as expedited processes scale.
- General taxpayers could bear costs related to enforcement resources and detention capacity associated with increased removal activity.
Key Issues
The Core Tension
Expedited removal for violent offenders versus safeguarding due process and ensuring accurate, proportionate application of aggravated felony status.
The bill’s narrow change—expanding the aggravated felonies category—raises policy tensions around due process, proportionality, and the risk of overreach in expedited removals. While the intent is to remove violent offenders more swiftly, the mechanism relies on altering the statutory definition rather than altering the procedures themselves.
This creates questions about how adjudicatory review, evidence standards, and the defense of noncitizens will operate inside expedited removal channels, particularly given that sexual offenses are serious and fact-specific crimes with complex classifications across jurisdictions. Implementers must consider whether deployment of expedited removal for these offenses could interact with existing protections and whether state-conviction recognition aligns with federal definitions.
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