H. Con. Res. 90 (111th)Bill Overview

Urge DHS to Notify States Before Removing Charged Aliens

Concurrent ResolutionImmigration|Criminal justice information and recordsImmigration
Cosponsors
Support
Unknown
Introduced
Mar 31, 2009
Discussions
Bill Text
Current stageLaw

Referred to the Subcommittee on Immigration, Citizenship, Refugees, Border Security, and International Law.

Introduced
Committee
Floor
President
Law
Congressional Activities
01 · The brief
Concurrent ResolutionWhat this resolution actually does

This resolution states Congresss view that the Secretary of Homeland Security should create a timely communication system with state and local law enforcement about suspects charged with aggravated felonies. It is a statement of opinion and request, not a law, and does not force the Secretary to act. If both chambers approve it, it records Congresss position but does not change legal duties or create new enforceable requirements. The resolution asks DHS to develop an effective and efficient system so local officials know when such suspects are in the final stages of removal.

Issuing agency

Department of Homeland Security (DHS); U.S. Immigration and Customs Enforcement (ICE)

Passage rules

Concurrent resolutions are adopted by both the House and the Senate but are not sent to the President and do not have the force of law. This is a non-binding sense-of-Congress statement urging DHS to improve communications with state and local officials.

This concurrent resolution expresses Congress's view that the Secretary of Homeland Security should create an effective communication system to inform State and local law enforcement when aliens charged with aggravated felonies are in the final stages of federal removal.

It cites a New Jersey case in which a suspect transferred to ICE was removed without local officials being notified, potentially preventing prosecution.

The resolution is nonbinding and asks DHS to develop timely notification procedures.

Passage0/100

As a concurrent resolution it expresses congressional sentiment and does not create binding law; adoption is plausible but it cannot become law.

CredibilityPartially aligned

Relative to its intended legislative type, this concurrent resolution clearly states the problem and expresses a specific expectation (that the Secretary of Homeland Security develop a communication system). As a nonbinding 'sense of Congress' it is appropriately concise, but it contains little operational detail, no fiscal acknowledgment, and no mechanisms for oversight or reporting.

Contention50/100

Progressives stress civil-rights and community-trust risks

02 · What it does

Who stands to gain, and who may push back.

Likely benefits vs burdens50% / 50%
States · Federal agenciesLocal governments

These are examples from the analysis, not a ranked list of the most-affected groups.

Likely helped
  • StatesTimely notification could enable state prosecutors to pursue charges before defendants are removed.
  • StatesIncreases victims' opportunity for participation, testimony, and legal closure in state criminal proceedings.
  • Federal agenciesImproves federal-state communication and coordination on cases involving suspected serious offenders.
Likely burdened
  • Local governmentsRequires DHS and local agencies to allocate staff and funds for notifications, increasing administrative costs.
  • Potential burdenCould divert DHS resources from immigration enforcement priorities toward case notification tasks.
  • Potential burdenMay raise privacy, data-sharing, and due process concerns about sharing immigration case details.
03 · Why people split

Why the argument around this bill splits.

Progressives stress civil-rights and community-trust risks
Progressive60%

Generally sympathetic to victims' interest in prosecutions and public safety, but wary of measures that facilitate expedited deportations or erode immigrant trust.

Would seek safeguards to protect due process, privacy, and avoid incentivizing profiling or pretrial removals.

Support is conditional and cautious.

Split reaction
Centrist75%

Pragmatic support for improved communication between DHS and local law enforcement to protect victims and enable prosecutions.

Wants clarity on legal authorities, costs, and timelines to avoid undoing either criminal prosecutions or immigration enforcement.

Support is positive but contingent on clear implementation details.

Leans supportive
Conservative90%

Strongly favorable: prioritizes public safety, removal of criminal aliens, and ensuring state prosecutions proceed when appropriate.

Views timely notification as a commonsense fix to prevent removals that impede justice.

Likely to push for rapid implementation and enforcement mechanisms.

Leans supportive
04 · Can it pass?

The path through Congress.

Introduced

Reached or meaningfully advanced

Committee

Reached or meaningfully advanced

Floor

Reached or meaningfully advanced

President

Reached or meaningfully advanced

Law

Reached or meaningfully advanced

Passage likelihood0/100

As a concurrent resolution it expresses congressional sentiment and does not create binding law; adoption is plausible but it cannot become law.

Scope and complexity
24%
Scopenarrow
24%
Complexitylow
Why this could stall
  • No definition of 'final stages' of removal
  • No funded implementation plan or cost estimate
05 · Recent votes

Recent votes on the bill.

No vote history yet

The bill has not accumulated any surfaced votes yet.

06 · Go deeper

Go deeper than the headline read.

Included on this page

Progressives stress civil-rights and community-trust risks

As a concurrent resolution it expresses congressional sentiment and does not create binding law; adoption is plausible but it cannot become…

Unlocked analysis

Relative to its intended legislative type, this concurrent resolution clearly states the problem and expresses a specific expectation (that the Secretary of Homeland Security develop a communication system). As a nonbin…

Go beyond the headline summary with full stakeholder mapping, legislative design analysis, passage barriers, and lens-by-lens tradeoff breakdowns.

Perspective breakdownsPassage barriersLegislative design reviewStakeholder impact map
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