Senate Republicans announced new legislation Friday requiring Homeland Security notification every time an illegal immigrant tries to buy a gun, giving deportation officers a chance to take action.
Illegal immigrants are generally prohibited under federal law from obtaining a gun, and the instant background check system is supposed to flag them if they try to buy a weapon from a licensed dealer.
The GOP senators said U.S. Immigration and Customs Enforcement, the deportation agency, still doesn’t have to be told about the attempt.
“Those who come into America illegally should be detained and deported. They certainly shouldn’t be able to purchase a firearm,” said Sen. Tom Cotton, Arkansas Republican. “Our bill is necessary to ensure the proper authorities are notified when an illegal immigrant attempts to buy a gun.”
Nearly 4,400 background checks were denied in 2022 because the purchaser was found to be an illegal immigrant.
Under current law, those buying firearms from licensed dealers are supposed to go through a background check before landing the weapon.
The Biden administration recently announced new regulations to expand the universe of people deemed to be dealers and thus swell sales going through a check.
In addition to ICE, the new legislation would require that local law enforcement be notified of a failed background check by an illegal immigrant. Some states already have notification laws.
The new bill touches on a tricky area of law.
Illegal immigrants have mounted challenges to the gun prohibition, arguing they have Second Amendment protection just as they enjoy First Amendment or Fifth Amendment rights.
Several federal appeals courts are grappling with that question.