Deter Act: Law Or Not?

The DETER Act (Defending Elections against Trolls from Enemy Regimes Act) was a bill introduced in the US Congress in 2019 and 2023. The bill aimed to designate foreign persons who improperly interfere in US elections as inadmissible aliens. While the 2019 bill passed the Senate, it did not pass the House and died in Congress. The 2023 bill was introduced but did not receive a vote. Therefore, the DETER Act did not become law.

The DETER Act was introduced in the Senate on May 6, 2019, and passed on June 3, 2019

The DETER Act aimed to address foreign interference in US elections by designating foreign persons who improperly interfere in United States elections as "inadmissible aliens". This means that any non-US citizens who violate federal criminal, voting rights, or campaign finance laws, or who act under the direction of a foreign government to interfere in an election, would be deemed inadmissible to the US. This would be enforced by consular officers, the Secretary of Homeland Security, the Secretary of State, or the Attorney General.

The Act also sought to amend the Immigration and Nationality Act to include a definition of "improper interference in a United States election" and to establish that any alien who engages in such interference is deportable. These amendments would be made to the relevant sections of the Immigration and Nationality Act, namely Sections 212(a)(3) and 237(a).

The DETER Act passed the Senate without amendment by unanimous consent on June 3, 2019. However, it is important to note that this bill did not become law as it was never passed by the House of Representatives. While it did not become law, its provisions could have been included in another bill or reintroduced in a subsequent session of Congress.

The bill aimed to designate foreign persons who interfere in US elections as inadmissible aliens

The DETER Act was a bill introduced in the US Congress in 2018 and 2019, known as S.2785 (115th Congress) and S.1328 (116th Congress), respectively. The bill aimed to designate foreign persons who interfere in US elections as "inadmissible aliens", making them ineligible for admission to the United States. This measure was in response to concerns about foreign interference in US elections and sought to protect the integrity of the democratic process.

The term "improper interference in a United States election" was defined in the bill as conduct by a foreign person that violates federal criminal, voting rights, or campaign finance law, or is carried out under the direction of a foreign government, impacting federal, state, or local elections. This included interference in campaigns of candidates and ballot measures such as amendments, bond issues, initiatives, and referendums.

The bill proposed amendments to the Immigration and Nationality Act, specifically adding provisions to make foreign persons who engage in improper interference in US elections inadmissible and deportable. These amendments would have given authorities, such as consular officers, the Secretary of Homeland Security, the Secretary of State, or the Attorney General, the power to identify and act on such cases of interference.

While the DETER Act (S.1328) passed the Senate by unanimous consent on June 3, 2019, it did not pass the House and was not enacted into law. However, it is important to note that provisions from bills that do not become law can sometimes be included in other legislation or reintroduced in future congressional sessions.

A similar bill, the DETER Act of 2023 (S.2761), was introduced in the 118th Congress in September 2023 by Senator James Lankford [R-OK]. It was referred to the Committee on Foreign Relations, but its progress beyond that is unclear. Additionally, there was also a mention of H.R.8482 - DETER Act of 2024, but no further details were provided.

It was introduced by Senator Durbin of Illinois and co-sponsored by two Democrats and two Republicans

The DETER Act was introduced by Senator Durbin of Illinois on May 6, 2019. The act was co-sponsored by two Democrats and two Republicans.

The DETER Act, or the "Defending Elections against Trolls from Enemy Regimes Act", was a bill introduced in the 116th United States Congress. The bill aimed to designate foreign persons who improperly interfere in United States elections as inadmissible aliens. It sought to amend the Immigration and Nationality Act to include a definition of "improper interference in a United States election" and to make such individuals inadmissible or deportable.

The DETER Act passed the Senate on June 3, 2019, without amendment by unanimous consent. However, it was never passed by the House and died in Congress. Despite this, its provisions could have still become law if they were included in another bill, as it is common for legislative text to be introduced concurrently in multiple bills or added to larger bills.

The DETER Act's introduction was a response to concerns about foreign interference in US elections, particularly in light of the 2020 elections. The act sought to address this issue by giving the US government additional tools to hold foreign individuals accountable for interfering in US electoral processes.

The bill died in Congress as it was never passed by the House

The DETER Act was a bill in the United States Congress that aimed to designate foreign persons who improperly interfere in US elections as "inadmissible aliens". The bill was introduced in the 116th Congress, which ran from January 3, 2019, to January 3, 2021.

The DETER Act was passed by the Senate on June 3, 2019, but it never made it through the House. As a result, the bill died in Congress and was never signed into law. This is not an uncommon fate for bills, as legislation must be passed by both the House and the Senate in identical form and then be signed by the President to become law.

Despite the DETER Act not becoming law, its provisions could still have been enacted if they had been included in another bill. This is a common occurrence, as legislative text can be introduced concurrently in multiple bills (known as companion bills) or added to larger bills, sometimes called omnibus bills.

The DETER Act's failure to pass the House may have been due to a variety of factors, including political opposition, lack of support, or other legislative priorities taking precedence. It's also possible that the bill faced procedural hurdles or was not considered urgent enough to warrant further action.

The full title of the bill was the "Defending Elections against Trolls from Enemy Regimes Act". It sought to amend the Immigration and Nationality Act to include a definition of "improper interference in a United States election" and to make such interference a deportable offense for aliens.

The DETER Act was reintroduced in 2023 and 2024 but did not become law

The DETER Act, which stands for "Defending Elections against Trolls from Enemy Regimes Act", was first introduced in 2018 in the 115th Congress as S. 2785. The bill aimed to designate foreign persons who improperly interfere in United States elections as inadmissible aliens. It was reintroduced in 2019 in the 116th Congress as S. 1328 and passed the Senate on June 3, 2019, but it did not pass the House before the end of the Congress in 2021, so the bill did not become law.

The DETER Act was reintroduced again in 2023 in the 118th Congress as S.2761 by Senator James Lankford (R-OK) and in 2024 as H.R.8482 by Representative Blake Moore (R-UT-1). However, both of these bills only have the status of "introduced" as of November 2024 and have not progressed further through the legislative process. Therefore, while the DETER Act has been reintroduced multiple times, it has not become law as it has not been passed by both the House and the Senate in identical form and signed by the President, which is the requirement for a bill to become law in the United States.

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