WASHINGTON – U.S. Senator Mike Lee (R-UT) introduced the Flight Risk Reduction Act today to prevent non-U.S. citizen criminal defendants from fleeing and failing to appear for trial. The announcement follows the arrest of a non-citizen rideshare driver who announced plans to flee to Peru following the alleged sexual assault of a university student in Salt Lake City this week.

“Our communities are unsafe when non-US citizens exploit loopholes to escape our justice system and continually break our laws,” said Senator Mike Lee. “Just this week in Salt Lake, a suspected rapist told our police he plans to return to Peru after his assault of a local university student. Under President Biden, more than 150,000 illegal aliens skipped their criminal hearings in 2023. That is eight times the rate from before he took office. The Flight Risk Reduction Act ensures courts have the necessary power to detain non-citizen criminals before trial, unless they can prove they are not a flight risk.”

The legislation is cosponsored by U.S. Senators Jim Banks (R-IN), Marsha Blackburn (R-TN), Katie Britt (R-AL), John Cornyn (R-TX), Ted Cruz (R-TX), Lindsey Graham (R-SC), Josh Hawley (R-MO), Dave McCormick (R-PA), Ashley Moody (R-FL), Pete Ricketts (R-NE), and Thom Tillis (R-NC).

“The Flight Reduction Act is commonsense: Illegal alien and non-resident criminals are a flight risk, and they must be detained until trial,” said Senator Jim Banks. “Releasing them only puts our communities in danger. This bill is about protecting Americans and enforcing the law.”

“It should be common sense that an illegal alien facing federal charges poses a flight risk and a danger to the community and should never be released on bail,” said Senator Marsha Blackburn. “The Flight Risk Reduction Act would prohibit judges from releasing illegal aliens on bail when pending trial and protect the safety of the American people.” 

“When individuals commit certain crimes in the United States, there are guardrails in place in our justice system to determine if they need to remain in pre-trial detention in order to ensure the safety of the American public,” said Senator Katie Britt. “The Flight Risk Reduction Act takes an important step in amending current law to ensure illegal aliens who have perpetrated serious crimes are detained so that we can continue protecting American citizens and ensure justice is served. I’m proud to cosponsor this bill and look forward to its consideration by the Senate.”

“This legislation would alter current law to help ensure criminal defendants who are not U.S. citizens are held pending trial rather than being granted bail and potentially skipping bail or fleeing the country before facing justice for their crimes, and I’m glad to support it,” said Senator John Cornyn.

 “We need to put the safety of Americans first,” said Senator Josh Hawley. “It’s time to close the loopholes illegal aliens use to exploit our judicial system and get back on the street, which endangers Americans.”

“We need to ensure that Pennsylvania communities are safe and that our justice system functions effectively,” said Senator Dave McCormick. “I’m proud to cosponsor the Flight Risk Reduction Act because it requires proof that illegal immigrant defendants do not pose a flight risk or threat to the community to qualify for bail. This is common-sense legislation designed to protect public safety.”

“Securing our border and keeping our nation safe requires clear, commonsense standards, and this legislation ensures that individuals who enter our country illegally can’t evade the law by exploiting gaps in the system,” said Senator Thom Tillis. “Strengthening pre-trial detention rules is a responsible step that upholds the rule of law and protects our communities.”

Background

Currently, detention hearings are automatically triggered for certain cases to assess whether a criminal defendant might flee. This bill would add non-U.S. citizenship as an automatic trigger for such hearings.

The Flight Risk Reduction Act

• Categorizes non-citizen criminals as presumed flight risks
• Requires defendants to present evidence demonstrating they will not flee or harm others
• Deems family ties and employment as possible evidence of community connections, but not necessarily sufficient factors for release

Read the full bill text here.

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