[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 4364 Introduced in Senate (IS)]

<DOC>






118th CONGRESS
  2d Session
                                S. 4364

    To modify the Alternatives to Detention program, and for other 
                               purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 16, 2024

   Mr. Hagerty (for himself, Mr. Marshall, Mr. Scott of Florida, Mr. 
    Daines, Mr. Cruz, Mrs. Blackburn, and Mr. Vance) introduced the 
 following bill; which was read twice and referred to the Committee on 
                             the Judiciary

_______________________________________________________________________

                                 A BILL


 
    To modify the Alternatives to Detention program, 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 ``Reshape Alternatives to Detention 
Act of 2024''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) In general.--Any term used in this Act that is used in 
        the Immigration and Nationality Act (8 U.S.C. 1101 et seq.) 
        shall have the meaning given such term in section 101(a) of 
        that Act (8 U.S.C. 1101(a)).
            (2) Secretary.--The term ``Secretary'' means the Secretary 
        of Homeland Security.

SEC. 3. TERMINATION OF CERTAIN ALTERNATIVES TO DETENTION.

    (a) In General.--Beginning on the date of the enactment of this 
Act, the Secretary shall terminate each of the following programs 
carried out as part of the Alternatives to Detention program of the 
Department of Homeland Security:
            (1) The Case Management Pilot program.
            (2) The Young Adult Case Management program.
    (b) No Similar Programs.--In the case of a program referred to in 
paragraph (1) or (2) of subsection (a)--
            (1) no substantially similar program may be established or 
        carried out; and
            (2) no funds may be made available for such a program.
    (c) Reprogramming of Funds.--Any amount made available in advance 
in an appropriations Act for a program referred to in paragraph (1) or 
(2) of subsection (a) shall be made available to the Secretary to 
increase the number of detention beds at immigration detention 
facilities.
    (d) Placement in Detention.--The Secretary shall take such steps as 
may be necessary to promptly detain each individual who has been 
released into the United States as part of a program referred to in 
paragraph (1) or (2) of subsection (a).

SEC. 4. LIMITATION ON PARTICIPATION IN ALTERNATIVES TO DETENTION.

    No alien may be released as part of any program under the 
Alternatives to Detention program unless all detention beds available 
to the Secretary have been filled.

SEC. 5. CLARIFICATION OF U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT 
              AUTHORITY OVER CERTAIN ALIENS.

    Nothing in this Act or any other Act may be construed to impose a 
limitation on the authority of U.S. Immigration and Customs Enforcement 
over an alien who is a participant in a program under the Alternatives 
to Detention program, including with respect to an action of the Office 
for Civil Rights and Civil Liberties of the Department of Homeland 
Security.

SEC. 6. GPS TRACKING OF CERTAIN ALIENS.

    Each alien on the nondetained docket of an immigration court shall 
be enrolled in the Alternatives to Detention program, with mandatory 
GPS monitoring--
            (1) for the duration of all applicable immigration 
        proceedings, including any appeal; and
            (2) in the case of an alien who is ordered removed from the 
        United States, until removal.

SEC. 7. MANDATORY INCLUSION OF CERTAIN ALIENS IN THE FAMILY EXPEDITED 
              REMOVAL MANAGEMENT PROGRAM.

    (a) In General.--An alien described in subsection (b) shall be 
required to participate in the Family Expedited Removal Management 
program.
    (b) Alien Described.--An alien described in this subsection is--
            (1) an alien who, as a member of a family unit--
                    (A) entered or attempted to enter the United States 
                at any time or place other than as designated by an 
                immigration officer;
                    (B) eluded examination or inspection by an 
                immigration officer; or
                    (C) attempted to enter, or obtained entry to the 
                United States, by a false or misleading representation 
                or the concealment of a material fact; and
            (2) an alien who is a member of such family unit.

SEC. 8. NOTICE OF VIOLATION.

    On each occasion on which an alien participating in the 
Alternatives to Detention program violates a condition of such 
participation and, as a result of such violation, becomes eligible for 
detention, the Secretary shall immediately--
            (1) publish notice of such alien's eligibility for 
        detention on the website of the Department of Homeland 
        Security; and 
            (2) transmit such notice to all relevant law enforcement 
        agencies in the vicinity of the alien's last known whereabouts.

SEC. 9. EFFECT OF RESIDENCE IN, RELOCATION TO, SANCTUARY JURISDICTION.

    (a) In General.--An alien shall be ineligible to participate in the 
Alternatives to Detention program if the alien resides or seeks to 
reside in a location described in subsection (c).
    (b) Change of Residence.--The Secretary shall immediately detain an 
alien who, without notifying the Secretary, changes residence to a 
location described in subsection (c).
    (c) Location Described.--A location described in this subsection is 
a State or political subdivision of a State that has in effect a law, 
ordinance, policy, or practice that prohibits or restricts any 
government entity or official from--
            (1) sending, receiving, maintaining, or exchanging with any 
        Federal, State, or local government entity information 
        regarding the citizenship or immigration status (lawful or 
        unlawful) of any individual; or
            (2) complying with a request lawfully made by the Secretary 
        under section 236 or 287 of the Immigration and Nationality Act 
        (8 U.S.C. 1226 or 1357) to comply with a detainer for, or 
        notify of the release of, an alien.

SEC. 10. CHECK-IN REQUIRED FOR PARTICIPANTS IN INTENSIVE SUPERVISION 
              APPEARANCE PROGRAM.

    (a) In General.--Not later than 45 days after the date of the 
enactment of this Act, the Secretary shall--
            (1) require each covered alien--
                    (A) to participate in the Intensive Supervision 
                Appearance Program, which shall include--
                            (i) GPS monitoring, including through use 
                        of ankle-worn GPS and wrist-worn GPS;
                            (ii) telephonic reporting, including 
                        reporting by voice recognition; and
                            (iii) home visits; and
                    (B) to check in with the Secretary not later than 
                14 days after the issuance of the notice required by 
                paragraph (2); and
            (2) in a manner the Secretary considers appropriate, issue 
        to each covered alien a notice of such requirements.
    (b) Penalty.--
            (1) In general.--Notwithstanding any other provision of 
        law, if a covered alien fails to check in with the Secretary as 
        required by subsection (a), the Secretary shall--
                    (A) revoke the bond or parole under section 236(a) 
                of the Immigration and Nationality Act (8 U.S.C. 
                1226(a)), pursuant to which the alien was originally 
                released and eligible for participation in the 
                Intensive Supervision Appearance Program;
                    (B) re-arrest the alien under the original warrant; 
                and
                    (C) detain the alien.
            (2) Removal proceedings.--
                    (A) In general.--The applicable immigration judge 
                shall advance on the docket of the immigration court, 
                and expedite to the greatest extent possible, the 
                disposition of the removal proceedings of an alien who 
                is re-arrested and detained under paragraph (1).
                    (B) Removal order.--If the immigration judge 
                determines that such alien is subject to removal from 
                the United States, the immigration judge shall enter an 
                administrative order of removal.
                    (C) Appeals.--
                            (i) In general.--Not later than 7 days 
                        after the date on which an immigration judge 
                        enters an administrative order of removal under 
                        subparagraph (B), an alien may appeal such 
                        order to the Board of Immigration Appeals.
                            (ii) Hearing.--Not later than 7 days after 
                        an appeal under clause (i) is filed, the Board 
                        of Immigration Appeals shall conduct a hearing 
                        on the appeal.
                            (iii) Decision.--Not later than 7 days 
                        after the date on which a hearing is conducted 
                        under clause (ii), the Board of Immigration 
                        Appeals shall issue a decision.
                            (iv) Removal.--If the Board of Immigration 
                        Appeals issues a final administrative order of 
                        removal, the alien concerned shall be removed 
                        from the United States not later than 7 days 
                        after the date on which such order of removal 
                        is issued.
    (c) Report.--Not later than 120 days after the date of the 
enactment of this Act, the Secretary shall submit to Congress a report 
on the number and percentage of covered aliens who have checked in with 
the Secretary as required under subsection (a).
    (d) Covered Alien Defined.--In this section, the term ``covered 
alien'' means an alien who is present in the United States and enrolled 
in the Intensive Supervision Appearance Program on the date of the 
enactment of this Act.

SEC. 11. REQUIREMENT TO SUBMIT BIOMETRIC INFORMATION.

    (a) In General.--The Secretary shall require an alien arriving in 
the United States to submit biometric information to the Secretary as a 
condition of eligibility for participation in the Alternatives to 
Detention program.
    (b) Interoperability and Information Matching.--The Secretary shall 
ensure, to the extent practicable, that any biometric information 
collected pursuant to subsection (a) is stored in a manner that is 
interoperable with, and allows matching against, other Federal, State, 
and local law enforcement databases that store biometric information of 
known or suspected terrorists or identify visa holders who violate the 
terms of their visas.

SEC. 12. RULE OF CONSTRUCTION.

    Nothing in this Act may be construed to absolve the Secretary of 
the duty to detain and remove aliens consistent with the Immigration 
and Nationality Act (8 U.S.C. 1101 et seq.).
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