113 S2463 IS: Keep Our Communities Safe Act of 2014
U.S. Senate
2014-06-11
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
1.
This Act may be
cited as the Keep Our Communities Safe Act of 2014
.
2.
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 everyone in the United States.
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 (except in the second
place it appears in subsection (a)) and inserting Secretary of Homeland
Security
;
(2)
in subsection
(a)—(A)in the matter preceding paragraph (1), by inserting the Secretary of Homeland Security or
before
the Attorney General—
; and(B)in paragraph (2)(B), by striking conditional parole
and inserting
recognizance
;(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:
(g)
(1)
Notwithstanding any other provision of this
section, an alien may be detained under this section for any period, without
limitation, except as provided in subsection (i), until the alien is subject to
a final order of removal.
(2)
The
length of detention under this section shall not affect a detention under section
241.
(h)
(1)
The
Attorney General’s review of the Secretary’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)
The
Attorney General shall review the Secretary’s custody determinations for the
following classes of aliens:
(A)
Aliens in
exclusion proceedings.
(B)
Aliens described
in sections 212(a)(3) and 237(a)(4).
(C)
Aliens described
in subsection (c).
(D)
Aliens in
deportation proceedings subject to section 242(a)(2) (as in effect between April
24, 1996 and April 1, 1997).
(i)
(1)
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.
.
4.
Section 241(a) of the Immigration and Nationality Act (8 U.S.C. 1231(a)) is amended—
(1)
by
striking Attorney General
each place it 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)
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)
(i)
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)
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)
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)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)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)
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)
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)
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)
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)
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)
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)
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)
(i)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)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.
.
5.
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.
6.
(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)
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.