Sponsor
Morgan Luttrell
Representative · R-TX
Representative · R-TX
The bill gives prosecutors a new immigration-based aggravator to pursue harsher penalties (including death) in certain federal murders—potentially delivering stronger outcomes for victims but increasing risks of discriminatory treatment, selective charging, chilled cooperation from immigrant communities, and additional litigation costs.
Federal prosecutors gain a statutory aggravating factor (unlawful entry leading to a U.S. citizen's death) they can use to seek death-penalty eligibility in qualifying federal murders, which can streamline charging and plea strategy.
Victims' families of U.S. citizens killed by someone who unlawfully entered the U.S. may see stronger aggravating-factor arguments supporting harsher punishment.
Non‑citizen defendants would face a higher likelihood of receiving the death penalty based in part on immigration status, increasing the risk of disparate treatment and unequal punishment.
The provision could create incentives for selective charging or seeking federal capital prosecutions more often when a defendant is undocumented, risking unequal application across similar offenses.
Immigrant victims or witnesses may be deterred from reporting crimes or cooperating with law enforcement if their communities perceive immigration status will be used to pursue harsher penalties, complicating investigations and public-safety efforts.
Based on analysis of 2 sections of legislative text.
Makes unlawful presence in the U.S. an aggravating factor for federal death-penalty eligibility in cases involving the killing (or attempt/conspiracy to kill) of a U.S. citizen.
Adds unlawful presence in the United States as a capital sentencing aggravating factor for federal death-penalty cases: if a defendant entered, came to, or remains in the U.S. in violation of federal law and is convicted of killing, attempting to kill, or conspiring to kill a U.S. citizen, that immigration status may be used to make the defendant eligible for the death penalty. The bill is short and makes a single substantive change to federal capital-sentencing law.
Official title: To amend title 18, United States Code, by adding an additional aggravating factor to be considered in determining whether a sentence of death is warranted.
Introduced July 23, 2025 by Morgan Luttrell · Last progress July 23, 2025