Sponsor
Morgan Luttrell
Representative · R-TX
Representative · R-TX
The bill gives prosecutors and victims' families a new statutory aggravating factor to pursue the death penalty in certain federal murders involving unlawful entry, trading a modestly streamlined path to harsher punishments for a significant increase in disparate treatment, fairness concerns, cooperation deterrence in immigrant communities, and likely litigation.
Prosecutors in qualifying federal murder cases gain an additional statutory aggravating factor to argue for death-penalty eligibility, which can simplify charging decisions and plea negotiations in those cases.
Victims' families of qualifying murders (where the defendant unlawfully entered the U.S. and killed a U.S. citizen) may see stronger aggravating factors presented, potentially supporting harsher punishments and a sense of greater accountability.
Noncitizen defendants face a higher likelihood of receiving the death penalty in qualifying cases primarily because of immigration status, increasing disparate treatment based on nationality.
The change creates incentives for selective charging—prosecutors may be more likely to pursue federal capital charges when a defendant is undocumented—raising fairness concerns about unequal application across similar offenses.
Immigrant victims and witnesses may be less likely to report crimes or cooperate with investigations if communities fear immigration status will be used to seek harsher penalties, which could hinder law enforcement and public safety.
Based on analysis of 2 sections of legislative text.
Allows federal courts to treat unlawful presence as an aggravating factor for death-penalty eligibility when a defendant unlawfully in the U.S. is convicted of killing or attempting to kill a U.S. citizen.
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
Adds a new capital-sentencing aggravating factor so that a defendant who is in the United States in violation of federal law and is convicted of killing, attempting to kill, or conspiring to kill a U.S. citizen can have their unlawful alien status considered when deciding eligibility for the death penalty. The law only changes the federal capital sentencing statute to add this circumstance; it does not create new crimes or provide funding.