Death penalty for undocumented murderers possible in all 50 states under proposed Texas GOP act

Texas congressional leaders introduce bills regarding undocumented immigrant murders

The death penalty could be an option in all 50 states for undocumented immigrant murders. Texas congressional leaders introduced two bills on Thursday to give the federal government that power.

HOUSTON - A new act is aiming for the federal government to pursue the death penalty in all 50 states, even where it's banned, for undocumented murderers.

Texas lawmakers push for the death penalty nationwide 

Republican lawmakers in the House and Senate have introduced legislation that would allow the federal government to seek the death penalty for undocumented immigrants convicted of murdering American citizens, codifying an executive order signed by President Donald Trump in January.

The two bills—The Justice for Victims of Illegal Alien Murders Act in the House and The Justice for American Victims of Illegal Aliens Act in the Senate—aim to expand federal jurisdiction in murder cases involving undocumented suspects and mandate capital punishment as a sentencing option.

What they're saying:

"Violent predators who enter our country illegally and brutally murder American citizens should be subject to the death penalty as a consequence of their heinous actions," said Sen. John Cornyn (R-Texas) in his release, who introduced the Senate version alongside more than a dozen GOP colleagues. "This legislation would protect the American people, make our country safe again, and ensure no future President can singlehandedly undo this consequence for taking innocent lives."

Rep. Morgan Luttrell (R-Texas), the sponsor of the House bill, said his legislation closes a "dangerous loophole" in current law, which limits federal prosecution of murder to specific jurisdictional circumstances, such as crimes committed on federal property or against federal personnel.

"This bill gives us the authority to deliver justice when local prosecutors simply don’t have the tools, manpower, or funding to take on a high-profile death penalty case," Luttrell said in his release. If you’re in this country illegally and you murder an innocent American, you will be held fully accountable no matter where the crime happens."

Two bills, one vision 

Both bills are expected to be combined, according to Lattrell's office. The proposals come in response to a series of high-profile killings allegedly committed by undocumented immigrants, including the killing of Jocelyn Nungary in Houston and the February death of Laken Riley in Georgia, which Republicans have frequently cited as emblematic of broader immigration failures.

The proposed laws would formalize Trump’s "Restoring the Death Penalty and Protecting Public Safety" executive order, which directed the Department of Justice to pursue capital punishment for all federal crimes involving undocumented immigrants accused of murder or the killing of law enforcement officers.

The bills’ sponsors say they intend to prevent future administrations from reversing the policy.

Federal jurisdiction with capital punishment 

The executive order at the heart of the legislation was one of Trump’s first actions after returning to office in 2025. It reversed a moratorium on federal executions imposed by the previous administration and criticized his commutation of dozens of death row sentences in the final weeks of his term.

"These efforts to subvert and undermine capital punishment defy the laws of our nation, make a mockery of justice, and insult the victims of these horrible crimes," the order reads.

What about states where the death penalty is illegal?

The federal death penalty can be pursued in all 50 states, even in those that have abolished capital punishment at the state level. 

As former federal prosecutor for the Southern District of Texas, Erin Epley explained, "If the federal government wants to proceed in regard to the death penalty in a state where the death penalty would not be available at the state level, they can still do that. The federal government is not restrained." 

She noted that while its use is rare, "I think there's something like 50 people on death row at a federal level and there have been 16 executions since 1976, so we don’t use it often, she said. "I do not think the U.S. will move forward with the death penalty in every case involving an illegal immigrant," 

Epley added that circumstances that give the federal government jurisdiction still apply, "but it gives them the ability to do that. You look at if it’s on a federal nexus, on federal land, it was the murder of a federal agent."