[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6089 Introduced in House (IH)]








109th CONGRESS
  2d Session
                                H. R. 6089

  To restore the Secretary of Homeland Security's authority to detain 
 dangerous aliens, to affirm the inherent authority of State and local 
 law enforcement to assist in the enforcement of immigration laws, and 
                          for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           September 15, 2006

Mr. Sensenbrenner introduced the following bill; which was referred to 
                     the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
  To restore the Secretary of Homeland Security's authority to detain 
 dangerous aliens, to affirm the inherent authority of State and local 
 law enforcement to assist in the enforcement of immigration laws, 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 ``Illegal Immigrant Deterrence and 
Public Safety Act of 2006''.

             TITLE I--DANGEROUS ALIEN DETENTION ACT OF 2006

SEC. 101. DETENTION OF DANGEROUS ALIENS.

    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 reference in paragraph (4)(B)(i), and 
        inserting ``Secretary of Homeland Security'';
            (2) in paragraph (1), by adding at the end of subparagraph 
        (B) the following:
                ``If, at that time, the alien is not in the custody of 
                the Secretary of Homeland Security (under the authority 
                of this Act), the Secretary shall take the alien into 
                custody for removal, and the removal period shall not 
                begin until the alien is taken into such custody. If 
                the Secretary transfers custody of the alien during the 
                removal period pursuant to law to another Federal 
                agency or a State or local government agency in 
                connection with the official duties of such agency, the 
                removal period shall be tolled, and shall begin anew on 
                the date of the alien's return to the custody of the 
                Secretary, subject to clause (ii).'';
            (3) by amending clause (ii) of paragraph (1)(B) to read as 
        follows:
                            ``(ii) If a court, the Board of Immigration 
                        Appeals, or an immigration judge orders a stay 
                        of the removal of the alien, the date the stay 
                        of removal is no longer in effect.'';
            (4) by amending paragraph (1)(C) to read as follows:
                    ``(C) Suspension of period.--The removal period 
                shall be extended beyond a period of 90 days and the 
                alien may remain in detention during such extended 
                period if the alien fails or refuses to make all 
                reasonable efforts to comply with the removal order, or 
                to fully cooperate 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, or 
                conspires or acts to prevent the alien's removal 
                subject to an order of removal.'';
            (5) in paragraph (2), by adding at the end the following: 
        ``If 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, the 
        Secretary, in the exercise of the Secretary's discretion, may 
        detain the alien during the pendency of such stay of 
        removal.'';
            (6) by amending paragraph (3)(D) to read as follows:
                    ``(D) to obey reasonable restrictions on the 
                alien's conduct or activities, or perform affirmative 
                acts, that the Secretary of Homeland Security 
                prescribes for the alien, in order to prevent the alien 
                from absconding, or for the protection of the 
                community, or for other purposes related to the 
                enforcement of the immigration laws.'';
            (7) in paragraph (6), by striking ``removal period and, if 
        released,'' and inserting ``removal period, in the discretion 
        of the Secretary of Homeland Security, without any limitations 
        other than those specified in this section, until the alien is 
        removed. If an alien is released, the alien''; and
            (8) by redesignating paragraph (7) as paragraph (10) and 
        inserting after paragraph (6) the following:
            ``(7) Parole.--If an alien detained pursuant to paragraph 
        (6) is an applicant for admission, the Secretary of Homeland 
        Security, in the Secretary's discretion, may parole the alien 
        under section 212(d)(5) and may provide, notwithstanding such 
        section, that the alien shall not be returned to custody unless 
        either the alien violates the conditions of the alien's parole 
        or the alien's removal becomes reasonably foreseeable, but in 
        no circumstance shall such alien be considered admitted.
            ``(8) Additional rules for detention or release of certain 
        aliens who have made an entry.--The following procedures apply 
        only with respect to an alien who has effected an entry into 
        the United States. These procedures do not apply to any other 
        alien detained pursuant to paragraph (6):
                    ``(A) Establishment of a detention review process 
                for aliens who fully cooperate with removal.--For an 
                alien 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 has not conspired or acted to prevent 
                removal, the Secretary shall establish an 
                administrative review process to determine whether the 
                alien should be detained or released on conditions. The 
                Secretary shall make a determination whether to release 
                an alien after the removal period in accordance with 
                subparagraph (B). The determination shall include 
                consideration of any evidence submitted by the alien, 
                and may include consideration of any other evidence, 
                including any information or assistance provided by the 
                Secretary of State or other Federal official and any 
                other information available to the Secretary of 
                Homeland Security pertaining to the ability to remove 
                the alien.
                    ``(B) Authority to detain beyond the removal 
                period.--
                            ``(i) In general.--The Secretary of 
                        Homeland Security, in the exercise of the 
                        Secretary's discretion, without any limitations 
                        other than those specified in this section, may 
                        continue to detain an alien for 90 days beyond 
                        the removal period (including any extension of 
                        the removal period as provided in paragraph 
                        (1)(C)).
                            ``(ii) Specific circumstances.--The 
                        Secretary of Homeland Security, in the exercise 
                        of the Secretary's discretion, without any 
                        limitations other than those specified in this 
                        section, may continue to detain an alien beyond 
                        the 90 days authorized in 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; or
                                            ``(bb) would be removed in 
                                        the reasonably foreseeable 
                                        future, or would have been 
                                        removed, but for the alien's 
                                        failure or refusal to make all 
                                        reasonable efforts to comply 
                                        with the removal order, or to 
                                        cooperate fully with the 
                                        Secretary's efforts to 
                                        establish the aliens' 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 conspiracies or 
                                        acts 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 any person, and 
                                        either (AA) the alien has been 
                                        convicted of one or more 
                                        aggravated felonies (as defined 
                                        in section 101(a)(43)(A)) or of 
                                        one or more crimes identified 
                                        by the Secretary of Homeland 
                                        Security by regulation, or of 
                                        one 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 one 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
                                            ``(ee) 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 any person, and 
                                        the alien has been convicted of 
                                        at least one aggravated felony 
                                        (as defined in section 
                                        101(a)(43)); or
                                    ``(III) pending a determination 
                                under subclause (II), so long as 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, as provided in subsection 
                                (a)(1)(C)).
                    ``(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 without 
                        limitation, 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 
                        (ee) 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 item (dd)(BB) of subparagraph (B)(ii)(II).
                    ``(D) Release on conditions.--If it is determined 
                that an alien should be released from detention, the 
                Secretary of Homeland Security, in the exercise of the 
                Secretary's discretion, may impose conditions on 
                release as provided in paragraph (3).
                    ``(E) Redetention.--The Secretary of Homeland 
                Security, in the exercise of the Secretary's 
                discretion, without any limitations other than those 
                specified in this section, may again detain any alien 
                subject to a final removal order who is released from 
                custody if the alien fails to comply with the 
                conditions of release, or to continue to satisfy the 
                conditions described in subparagraph (A), or if, upon 
                reconsideration, the Secretary determines that the 
                alien can be detained under subparagraph (B). 
                Paragraphs (6) through (8) 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) Certain aliens who effected entry.--If an 
                alien has effected an entry, but has neither been 
                lawfully admitted nor has been physically present in 
                the United States continuously for the 2-year period 
                immediately prior to the commencement of removal 
                proceedings under this Act or deportation proceedings 
                against the alien, the Secretary of Homeland Security, 
                in the exercise of the Secretary's discretion, may 
                decide not to apply paragraph (8) and detain the alien 
                without any limitations except those which the 
                Secretary shall adopt by regulation.
            ``(9) Judicial review.--Without regard to the place of 
        confinement, judicial review of any action or decision pursuant 
        to paragraphs (6), (7), or (8) shall be available exclusively 
        in habeas corpus proceedings instituted in the United States 
        District Court for the District of Columbia, and only if the 
        alien has exhausted all administrative remedies (statutory and 
        regulatory) available to the alien as of right.''.

SEC. 102. DETENTION OF ALIENS DURING REMOVAL PROCEEDINGS.

    (a) Detention Authority.--Section 235 of the Immigration and 
Nationality Act (8 U.S.C. 1225) is amended by adding at the end the 
following:
    ``(e) Length of Detention.--
            ``(1) In general.--With regard to length of detention, an 
        alien may be detained under this section, without limitation, 
        until the alien is subject to an administratively final order 
        of removal.
            ``(2) Construction.--The length of detention under this 
        section shall not affect the validity of any detention under 
        section 241.
    ``(f) Judicial Review.--Without regard to the place of confinement, 
judicial review of any action or decision made pursuant to subsection 
(e) shall be available exclusively in a habeas corpus proceeding 
instituted in the United States District Court for the District of 
Columbia and only if the alien has exhausted all administrative 
remedies (statutory and nonstatutory) available to the alien as of 
right.''.
    (b) Judicial Review.--Section 236(e) of such Act (8 U.S.C. 1226(e)) 
is amended by adding at the end the following: ``Without regard to the 
place of confinement, judicial review of any action or decision made 
pursuant to subsection (f) shall be available exclusively in a habeas 
corpus proceeding instituted in the United States District Court for 
the District of Columbia and only if the alien has exhausted all 
administrative remedies (statutory and nonstatutory) available to the 
alien as of right.''.
    (c) Length of Detention.--Section 236 of such Act (8 U.S.C. 1226) 
is amended by adding at the end the following:
    ``(f) Length of Detention.--
            ``(1) In general.--With regard to length of detention, an 
        alien may be detained under this section, without limitation, 
        until the alien is subject to an administratively final order 
        of removal.
            ``(2) Construction.--The length of detention under this 
        section shall not affect the validity of any detention under 
        section 241 of this Act.''.

SEC. 103. SEVERABILITY.

    If any provision of this title, or any amendment made by this 
title, or the application of any such provision to any person or 
circumstance, is held to be invalid for any reason, the remainder of 
this title, and of the amendments made by this title, and the 
application of the provisions and of the amendments made by this title 
to any other person or circumstance, shall not be affected by such 
holding.

SEC. 104. EFFECTIVE DATES.

    (a) Section 101.--The amendments made by section 101 shall take 
effect on the date of the enactment of this Act, and section 241 of the 
Immigration and Nationality Act, as amended, 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 the date of the enactment of this Act.
    (b) Section 102.--The amendments made by section 102 shall take 
effect upon the date of the enactment of this Act, and sections 235 and 
236 of the Immigration and Nationality Act, as amended, shall apply to 
any alien in detention under provisions of such sections on or after 
the date of the enactment of this Act.

     TITLE II--STATE AND LOCAL LAW ENFORCEMENT COOPERATION IN THE 
                   ENFORCEMENT OF IMMIGRATION LAW ACT

SEC. 201. FEDERAL AFFIRMATION OF ASSISTANCE IN IMMIGRATION LAW 
              ENFORCEMENT BY STATES AND POLITICAL SUBDIVISIONS OF 
              STATES.

    (a) In General.--Notwithstanding any other provision of law and 
reaffirming the existing inherent authority of States, law enforcement 
personnel of a State or a political subdivision of a State have the 
inherent authority of a sovereign entity to investigate, identify, 
apprehend, arrest, detain, or transfer to Federal custody aliens in the 
United States (including the transportation of such aliens across State 
lines to detention centers), for the purposes of assisting in the 
enforcement of the immigration laws of the United States in the course 
of carrying out routine duties. This State authority has never been 
displaced or preempted by Congress.
    (b) Construction.--Nothing in this section may be construed to 
require law enforcement personnel of a State or political subdivision 
of a State to--
            (1) report the identity of a victim of, or a witness to, a 
        criminal offense to the Secretary of Homeland Security for 
        immigration enforcement purposes; or
            (2) arrest such victim or witness for a violation of the 
        immigration laws of the United States.
                                 <all>