Summary of S.

37
Sarahs Law Mandatory detention for a crime that
resulted in death or serious bodily injury.
January 2017

S. 37, introduced by Senator Joni Ernst (R-IA), would amend the Immigration and
Nationality Act (INA) to require the U.S. Immigration and Customs Enforcement to take
custody of an individual who is in the country illegally and is charged with a crime
resulting in the death or serious bodily injury of another person. The companion bills in
the House are H.R. 174 and H.R. 300, introduced by Representatives Steve King and
David Young respectively. These bills are also known as Sarahs Law after Sarah
Root, a recent college graduate who was killed by an illegal alien in a drunken streetcar
race.
Mandatory Detention of Certain Aliens
The bill amends INA Section 236 (c) (8 U.S.C. 1226 (c)) to require the federal government to
take custody of an alien who entered the country illegally, violated the terms of their immigration
status, or had their visa revoked and is thereafter charged with a crime resulting in the death or
serious bodily injury of another person.
Notification Requirement
It requires Immigration and Customs Enforcement to make reasonable efforts to ascertain the
victims identity from law enforcement in order to provide him or her, or a close relation,
information on an ongoing basis about the criminal alien, including the aliens immigration status
and criminal history.
Why this Legislation is Necessary
On January 31, 2016, Sarah Root, a recent college graduate, was killed by Eswin Mejia, an
illegal alien driving in a drunken streetcar race with a suspended license. Even though Mejia
failed twice previously to appear in his state court cases and law enforcement raised concerns
that he was an elevated flight risk, ICE, under the Obama administration, did not detain him and
For more information on Federal, State and Local legislation, visit FAIRus.org.
Federation for American Immigration Reform
25 Massachusetts Avenue, NW, Suite 330 Washington, D.C. 20001
(202) 328-7004 info@fairus.org

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he was released on bail and subsequently disappeared. ICE claimed it did not take custody of
Mejia because he did not meet the agencys enforcement priorities. Therefore, this legislation
is necessary to remove ICEs discretion on whether to detain a criminal alien and send a clear
message that the U.S. will protect our communities and enforce our immigration laws.

For more information on Federal, State and Local legislation, visit FAIRus.org.
Federation for American Immigration Reform
25 Massachusetts Avenue, NW, Suite 330 Washington, D.C. 20001
(202) 328-7004 info@fairus.org