HR-9361-119
Referred to the House Committee on the Judiciary.
Sponsored by Ralph Norman (R-SC)
What it does
This bill would require the Secretary of Homeland Security, through ICE, to create and maintain a publicly accessible online database within 180 days of enactment. The database would list every non-citizen who has been released from immigration detention after being held under the mandatory detention provision for serious criminal offenses. For each person listed, the database would include their photograph, name, physical description (height and weight), the jurisdiction where they were released, the date of release, and the specific criminal category that triggered their detention.
Who benefits
Members of the public who want to know if a released non-citizen with a criminal record is living in their community. Local law enforcement agencies that could use the database to track individuals. Victims of crimes committed by non-citizens who may want to monitor the whereabouts of offenders. Journalists and researchers studying immigration enforcement patterns. Members of Congress seeking oversight data on ICE release decisions.
Who is hurt
Non-citizens listed in the database, who would face public identification and potential targeting, harassment, or vigilante action — even if they have served their time or their cases are pending. Family members of listed individuals, including U.S. citizen children, who may face social stigma or safety risks by association. Immigrant communities broadly, who may experience heightened fear or distrust. Privacy advocates who oppose government-maintained public registries of individuals. ICE and DHS, which would bear the administrative and technical costs of building and maintaining the database. Jurisdictions with large immigrant populations that may face community tension.
Supporters argue
Supporters argue that the public has a legitimate safety interest in knowing when individuals with serious criminal histories — who were subject to mandatory immigration detention — are released into their communities. They contend that ICE has released tens of thousands of non-citizens with criminal records in recent years, and that transparency about these releases enables communities, local law enforcement, and potential victims to take appropriate precautions. They further argue that the database mirrors the logic of existing public registries, such as sex offender registries, which courts have upheld as legitimate public safety tools.
Opponents argue
Opponents argue that publicly posting names, photographs, and locations of individuals — many of whom may have completed their sentences or whose immigration cases are still pending — functions as a scarlet letter that invites harassment, vigilantism, or violence without due process protections. They contend that the database could expose individuals to harm before any final legal determination, and that existing law enforcement channels already provide mechanisms for sharing relevant criminal history information. They further argue that broad public registries of this kind have a chilling effect on entire immigrant communities, deterring cooperation with law enforcement and access to services.
Constitutional context
The Fifth Amendment's Due Process Clause is relevant because publicly listing individuals — some of whom may not have final removal orders — could implicate liberty and reputational interests without a hearing. Under Zadvydas v. Davis (2001), the Court recognized that non-citizens inside the U.S. retain due process protections. Additionally, post-Loper Bright (2024), any DHS regulations implementing the database's scope or categories would face independent judicial scrutiny rather than automatic deference.
Checks and balances
The executive branch (DHS/ICE) gains a new mandatory disclosure obligation set by Congress; judicial review of the database's implementation and any due process challenges provides a check, while Congress retains oversight authority over DHS compliance.
Historical precedent
Sex offender registration and notification laws (e.g., Megan's Law, 1996; SORNA, 2006) established the precedent of publicly accessible government databases identifying individuals with criminal records, and have been upheld against constitutional challenges in most circuits.