Keep Our Communities Safe Act of 2019
This bill revises provisions related to the authority of the Department of Homeland Security (DHS) to detain aliens.
DHS may detain an alien pending a removal decision for any length of time until the alien is subject to a final removal order. DHS must detain certain aliens, such as those convicted of an aggravated felony, beyond certain time limits for detaining an alien.
The authority of the Department of Justice to review DHS custody decisions concerning an alien awaiting a removal decision shall be limited to whether the alien may be detained, released on bond, or released with no bond. DHS may release such an alien on bond only if the alien is not a flight risk or risk to the community.
For an alien subject to a removal order, DHS may extend the 90-day removal period (generally the window in which DHS has to remove an alien after a final order of removal) in certain instances, such as when the alien's removal is stayed during an appeal.
DHS may continue to detain an alien beyond the removal period and any removal period extensions. DHS shall periodically certify a justification for detaining an alien beyond the removal period.
DHS shall establish a detention review process for aliens who (1) have made all reasonable efforts to comply with a removal order, and (2) are not subject to mandatory detention. DHS shall use the review process to determine whether an alien should be detained or released with conditions.
[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 2869 Introduced in Senate (IS)]
<DOC>
116th CONGRESS
1st Session
S. 2869
To amend the Immigration and Nationality Act to provide for extensions
of detention of certain aliens ordered removed, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
November 14, 2019
Mr. Inhofe (for himself, Mr. Cotton, Mr. Perdue, Mr. Boozman, Mr.
Cramer, and Mr. Cruz) introduced the following bill; which was read
twice and referred to the Committee on the Judiciary
_______________________________________________________________________
A BILL
To amend the Immigration and Nationality Act to provide for extensions
of detention of certain aliens ordered removed, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Keep Our Communities Safe Act of
2019''.
SEC. 2. SENSE OF CONGRESS.
It is the sense of Congress that--
(1) constitutional rights should be upheld and protected;
(2) Congress intends to uphold the constitutional principle
of due process; and
(3) due process of the law is a right afforded to every
person in the United States.
SEC. 3. DETENTION OF DANGEROUS ALIENS DURING REMOVAL PROCEEDINGS.
Section 236 of the Immigration and Nationality Act (8 U.S.C. 1226)
is amended--
(1) by striking ``Attorney General'' each place such term
appears and inserting ``Secretary of Homeland Security'';
(2) in subsection (a)--
(A) in the matter preceding paragraph (1), by
inserting ``or the Attorney General'' before the em
dash;
(B) in paragraph (1), by striking ``and'' at the
end; and
(C) in paragraph (2)(B), by striking ``conditional
parole; but'' and inserting ``recognizance; and'';
(3) in subsection (b)--
(A) in the subsection heading, by striking
``Parole'' and inserting ``Recognizance''; and
(B) by striking ``parole'' and inserting
``recognizance'';
(4) in subsection (c)(1), by striking the undesignated
matter following subparagraph (D) and inserting the following:
``any time after the alien is released, without regard to
whether an alien is released related to any activity, offense,
or conviction described in this paragraph; to whether the alien
is released on parole, supervised release, or probation; or to
whether the alien may be arrested or imprisoned again for the
same offense. If the activity described in this paragraph does
not result in the alien being taken into custody by any person
other than the Secretary, then when the alien is brought to the
attention of the Secretary or when the Secretary determines it
is practical to take such alien into custody, the Secretary
shall take such alien into custody.'';
(5) in subsection (e), by striking ``Attorney General's''
and inserting ``Secretary of Homeland Security's''; and
(6) by adding at the end the following:
``(f) Length of Detention.--Notwithstanding any other provision
under this section, an alien may be detained under this section for any
period, without limitation, except as provided in subsection (h), until
the alien is subject to a final order of removal. The length of
detention under this section shall not affect a detention under section
241.
``(g) Administrative Review.--
``(1) Limitation.--The Attorney General's review of the
Secretary of Homeland Security's custody determinations under
subsection (a) shall be limited to whether the alien may be
detained, released on bond (of at least $1,500 with security
approved by the Secretary), or released with no bond. Any
review involving an alien described in paragraph (2)(D) shall
be limited to a determination of whether the alien is properly
included in such category.
``(2) Classes of aliens.--The Attorney General shall review
the Secretary's custody determinations for--
``(A) aliens in exclusion proceedings;
``(B) aliens described in sections 212(a)(3) and
237(a)(4);
``(C) aliens described in subsection (c); and
``(D) aliens in deportation proceedings subject to
section 242(a)(2) (as in effect between April 24, 1996,
and April 1, 1997).
``(h) Release on Bond.--
``(1) In general.--An alien detained under subsection (a)
may seek release on bond. No bond may be granted except to an
alien who establishes by clear and convincing evidence that the
alien is not a flight risk or a risk to another person or the
community.
``(2) Certain aliens ineligible.--No alien detained under
subsection (c) may seek release on bond.''.
SEC. 4. ALIENS ORDERED REMOVED.
Section 241(a) of the Immigration and Nationality Act (8 U.S.C.
1231(a)) is amended--
(1) by striking ``Attorney General'' each place such term
appears (except for the first place it appears in paragraph
(4)(B)(i)) and inserting ``Secretary of Homeland Security'';
(2) in paragraph (1)--
(A) by amending subparagraphs (B) and (C) to read
as follows:
``(B) Beginning of period.--The removal period
begins on the latest of--
``(i) the date on which the order of
removal becomes administratively final;
``(ii) the date on which the alien is taken
into such custody if the alien is not in the
custody of the Secretary on the date on which
the order of removal becomes administratively
final; and
``(iii) the date on which the alien is
taken into the custody of the Secretary after
the alien is released from detention or
confinement if the alien is detained or
confined (except for an immigration process) on
the date on which the order of removal becomes
administratively final.
``(C) Suspension of period.--
``(i) Extension.--The removal period shall
be extended beyond a period of 90 days and the
Secretary may, in the Secretary's sole
discretion, keep the alien in detention during
such extended period, if--
``(I) the alien fails or refuses to
make all reasonable efforts to comply
with the removal order, or to fully
cooperate with the Secretary's efforts
to establish the alien's identity and
carry out the removal order, including
making timely application in good faith
for travel or other documents necessary
to the alien's departure or conspires
or acts to prevent the alien's removal
that is subject to an order of removal;
``(II) a court, the Board of
Immigration Appeals, or an immigration
judge orders a stay of removal of an
alien who is subject to an
administratively final order of
removal;
``(III) the Secretary transfers
custody of the alien pursuant to law to
another Federal agency or a State or
local government agency in connection
with the official duties of such
agency; or
``(IV) a court or the Board of
Immigration Appeals orders a remand to
an immigration judge or the Board of
Immigration Appeals, during the time
period when the case is pending a
decision on remand (with the removal
period beginning anew on the date that
the alien is ordered removed on
remand).
``(ii) Renewal.--If the removal period has
been extended under clause (i), a new removal
period shall be deemed to have begun on the
date on which--
``(I) the alien makes all
reasonable efforts to comply with the
removal order, or to fully cooperate
with the Secretary's efforts to
establish the alien's identity and
carry out the removal order;
``(II) the stay of removal is no
longer in effect; or
``(III) the alien is returned to
the custody of the Secretary.
``(iii) Mandatory detention for certain
aliens.--The Secretary shall keep an alien
described in subparagraphs (A) through (D) of
section 236(c)(1) in detention during the
extended period described in clause (i).
``(iv) Sole form of relief.--An alien may
only seek relief from detention under this
subparagraph by filing an application for a
writ of habeas corpus in accordance with
chapter 153 of title 28, United States Code. No
alien whose period of detention is extended
under this subparagraph shall have the right to
seek release on bond.'';
(3) in paragraph (3)--
(A) in the matter preceding subparagraph (A), by
inserting ``or is not detained pursuant to paragraph
(6)'' after ``the removal period''; and
(B) by amending subparagraph (D) to read as
follows:
``(D) to obey reasonable restrictions on the
alien's conduct or activities that the Secretary
prescribes for the alien--
``(i) to prevent the alien from absconding;
``(ii) for the protection of the community;
or
``(iii) for other purposes related to the
enforcement of Federal immigration laws.'';
(4) in paragraph (4)(A), by striking ``paragraph (2)'' and
inserting ``subparagraph (B)''; and
(5) by amending paragraph (6) to read as follows:
``(6) Additional rules for detention or release of certain
aliens.--
``(A) Detention review process for cooperative
aliens established.--
``(i) In general.--The Secretary shall
establish an administrative review process to
determine whether an alien who is not otherwise
subject to mandatory detention, who has made
all reasonable efforts to comply with a removal
order and to cooperate fully with the Secretary
of Homeland Security's efforts to establish the
alien's identity and carry out the removal
order, including making timely application in
good faith for travel or other documents
necessary to the alien's departure, and who has
not conspired or acted to prevent removal
should be detained or released on conditions.
``(ii) Determination.--The Secretary shall
make a determination whether to release an
alien after the removal period in accordance
with subparagraph (B), which--
``(I) shall include consideration
of any evidence submitted by the alien;
and
``(II) may include consideration of
any other evidence, including--
``(aa) any information or
assistance provided by the
Secretary of State or other
Federal official; and
``(bb) any other
information available to the
Secretary of Homeland Security
pertaining to the ability to
remove the alien.
``(B) Authority to detain beyond removal period.--
``(i) In general.--The Secretary of
Homeland Security may continue to detain an
alien for 90 days beyond the removal period
(including any extension of the removal period
under paragraph (1)(C)). An alien whose
detention is extended under this subparagraph
shall not have the right to seek release on
bond.
``(ii) Specific circumstances.--The
Secretary of Homeland Security may continue to
detain an alien beyond the 90 days authorized
under clause (i)--
``(I) until the alien is removed,
if the Secretary determines that there
is a significant likelihood that the
alien--
``(aa) will be removed in
the reasonably foreseeable
future;
``(bb) would be removed in
the reasonably foreseeable
future; or
``(cc) would have been
removed if the alien had not--
``(AA) failed or
refused to make all
reasonable efforts to
comply with the removal
order;
``(BB) failed or
refused to cooperate
fully with the
Secretary's efforts to
establish the alien's
identity and carry out
the removal order,
including making timely
application in good
faith for travel or
other documents
necessary to the
alien's departure; or
``(CC) conspired or
acted to prevent
removal;
``(II) until the alien is removed,
if the Secretary of Homeland Security
certifies in writing--
``(aa) in consultation with
the Secretary of Health and
Human Services, that the alien
has a highly contagious disease
that poses a threat to public
safety;
``(bb) after receipt of a
written recommendation from the
Secretary of State, that
release of the alien is likely
to have serious adverse foreign
policy consequences for the
United States;
``(cc) based on information
available to the Secretary of
Homeland Security (including
classified, sensitive, or
national security information,
and without regard to the
grounds upon which the alien
was ordered removed), that
there is reason to believe that
the release of the alien would
threaten the national security
of the United States; or
``(dd) that the release of
the alien will threaten the
safety of the community or any
person, conditions of release
cannot reasonably be expected
to ensure the safety of the
community or of any person; and
``(AA) the alien
has been convicted of 1
or more aggravated
felonies (as defined in
section 101(a)(43)(A))
or of 1 or more crimes
identified by the
Secretary of Homeland
Security by regulation,
or of 1 or more
attempts or
conspiracies to commit
any such aggravated
felonies or such
identified crimes, if
the aggregate term of
imprisonment for such
attempts or
conspiracies is at
least 5 years; or
``(BB) the alien
has committed 1 or more
crimes of violence (as
defined in section 16
of title 18, United
States Code, but not
including a purely
political offense) and,
because of a mental
condition or
personality disorder
and behavior associated
with that condition or
disorder, the alien is
likely to engage in
acts of violence in the
future; or
``(III) pending a certification
under subclause (II), if the Secretary
of Homeland Security has initiated the
administrative review process not later
than 30 days after the expiration of
the removal period (including any
extension of the removal period under
paragraph (1)(C)).
``(iii) No right to bond hearing.--An alien
whose detention is extended under this
subparagraph shall not have a right to seek
release on bond, including by reason of a
certification under clause (ii)(II).
``(C) Renewal and delegation of certification.--
``(i) Renewal.--The Secretary of Homeland
Security may renew a certification under
subparagraph (B)(ii)(II) every 6 months after
providing an opportunity for the alien to
request reconsideration of the certification
and to submit documents or other evidence in
support of that request. If the Secretary does
not renew a certification, the Secretary may
not continue to detain the alien under
subparagraph (B)(ii)(II).
``(ii) Delegation.--Notwithstanding section
103, the Secretary of Homeland Security may not
delegate the authority to make or renew a
certification described in item (bb), (cc), or
(dd) of subparagraph (B)(ii)(II) below the
level of the Assistant Secretary for
Immigration and Customs Enforcement.
``(iii) Hearing.--The Secretary of Homeland
Security may request that the Attorney General
or the Attorney General's designee provide for
a hearing to make the determination described
in subparagraph (B)(ii)(II)(dd)(BB).
``(D) Release on conditions.--If it is determined
that an alien should be released from detention by a
Federal court, the Board of Immigration Appeals, or if
an immigration judge orders a stay of removal, the
Secretary of Homeland Security may impose conditions on
release as provided under paragraph (3).
``(E) Redetention.--
``(i) In general.--The Secretary of
Homeland Security, without any limitations
other than those specified in this section, may
detain any alien subject to a final removal
order who is released from custody if--
``(I) removal becomes likely in the
reasonably foreseeable future;
``(II) the alien fails to comply
with the conditions of release or to
continue to satisfy the conditions
described in subparagraph (A); or
``(III) upon reconsideration, the
Secretary determines that the alien can
be detained under subparagraph (B).
``(ii) Applicability.--This section shall
apply to any alien returned to custody pursuant
to this subparagraph as if the removal period
terminated on the day of the redetention.
``(F) Review of determinations by secretary.--A
determination by the Secretary under this paragraph
shall not be subject to review by any other agency.''.
SEC. 5. CRIME OF VIOLENCE DEFINED.
Section 16(b) of title 18, United States Code, is amended--
(1) by striking ``by its nature, involves'' and inserting
``based on the facts of the offense, involved''; and
(2) by striking ``may be used'' and inserting ``may have
been used''.
SEC. 6. SEVERABILITY.
If any of the provisions of this Act, any amendment made by this
Act, or the application of any such provision to any person or
circumstance, is held to be invalid for any reason, the remainder of
this Act, the amendments made by this Act, and the application of the
provisions and amendments made by this Act to any other person or
circumstance shall not be affected by such holding.
SEC. 7. EFFECTIVE DATES.
(a) Apprehension and Detention of Aliens.--The amendments made by
section 3 shall take effect on the date of the enactment of this Act.
Section 236 of the Immigration and Nationality Act, as amended by
section 3, shall apply to any alien in detention under the provisions
of such section on or after such date of enactment.
(b) Aliens Ordered Removed.--The amendments made by section 4 shall
take effect on the date of the enactment of this Act. Section 241 of
the Immigration and Nationality Act, as amended by section 4, shall
apply to--
(1) all aliens subject to a final administrative removal,
deportation, or exclusion order that was issued before, on, or
after the date of the enactment of this Act; and
(2) acts and conditions occurring or existing before, on,
or after such date of enactment.
<all>
Introduced in Senate
Read twice and referred to the Committee on the Judiciary.
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