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Creates a new federal aggravating factor for death-penalty cases that applies when a defendant is an alien who entered or remains in the United States in violation of federal law and has been convicted of killing, attempting to kill, or conspiring to kill a U.S. citizen. The change is added to the list of aggravating factors used in federal capital sentencing.
The amendment does not alter other procedural elements of federal capital prosecutions (burden of proof, sentencing procedures, appeals), but it broadens the set of circumstances that may justify seeking or imposing the death penalty at the federal level, with likely effects on prosecutions, defense strategy, and litigation over constitutional and equal‑protection issues.
Read twice and referred to the Committee on the Judiciary.
Introduced May 8, 2025 by John Cornyn · Last progress 9 months ago