Sen. John Cornyn, R-Texas, introduced legislation Thursday that would permit federal prosecutors to seek the death penalty for illegal aliens convicted of murdering U.S. citizens — a policy designed to underscore the connection between border security and violent crime and to permanently codify a key Trump initiative.
The legislation, titled the Justice for American Victims of Illegal Aliens Act, would add a new “aggravating factor” to federal death penalty statutes: the immigration status of a defendant found guilty of killing, attempting to kill, or conspiring to kill a U.S. citizen while residing in the country illegally.
Cornyn was joined by fellow Republican co-sponsors Sens. Tim Scott (S.C.), Steve Daines (Mont.), and Tommy Tuberville (Ala.) at a press conference unveiling the bill.
“There are a lot of people still in the country who are committing heinous crimes, including murder of innocent American citizens — and that needs to stop,” Cornyn said. “This bill gives prosecutors an important tool to seek justice for victims and their families.”
The proposed law is intended to codify an executive order issued by President Donald Trump, ensuring the policy could not be easily reversed by a future administration.
The bill defines “illegal alien” as any foreign national who entered, remains in, or resides in the United States in violation of federal immigration law. Under the act, if such an individual is convicted of murdering a U.S. citizen, federal prosecutors would be authorized — though not required — to pursue the death penalty.
Sen. Daines invoked the murder of a 19-year-old man in Bozeman, Montana, who was reportedly stabbed to death by an illegal immigrant, calling it a tragic example of why the bill is needed.
“I commend the strong and bold leadership of Sen. John Cornyn for getting tough on illegal immigration and crime to make our communities safe again,” Daines said.
The senators pointed to what they characterized as a failure of the Biden administration to control the southern border, leaving Americans vulnerable to violent offenders who should never have been allowed to enter the country.
Cornyn, who is facing a potential GOP primary challenge in 2026 from Texas Attorney General Ken Paxton, has positioned the bill as part of a broader Republican effort to restore law and order at the border.
The bill follows the recent passage of the Laken Riley Act, which mandates the detention of illegal aliens charged with theft, assault on police officers, or other violent crimes. President Trump signed that act into law with bipartisan support.
Still, Cornyn acknowledged the challenge ahead.
“We’ll see where our Democratic colleagues stand on this,” he told The Daily Signal. “Unfortunately, they’ve often served as apologists for the failed policies of the Biden administration. I don’t know whether that extends to excusing heinous conduct by illegal immigrants or not — but we’re going to find out.”
Progressive MSNBC commentator Elie Mystal recently said, “Why do I care what their status was when they committed the crime, if you can prove they committed a crime? I say in the book, if I get shot, if I get murdered by an undocumented immigrant, please tell my children I did not care that they were undocumented.”
His comments were poorly received, and completely out of touch with the lived experiences of those who have lost loved ones at the hands of illegal immigrants, who often express a sense of deepened grief and rage, knowing that the perpetrator of the crime was never supposed to be in the country or in proximity to commit it.
While the legislation is expected to draw strong support from many Republicans and conservative voters, critics on the left and in civil liberties circles are likely to argue that the bill unfairly targets noncitizens and risks weaponizing immigration status in the criminal justice system.
Still, with public frustration over violent crime and illegal immigration remaining high in key battleground states, the bill could become a major issue heading into the 2026 midterms.
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Just a bit late for concern, don’t you think?