[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 5337 Introduced in Senate (IS)]
<DOC>
119th CONGRESS
2d Session
S. 5337
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
August 6, 2026
Mrs. Britt (for herself, Mr. Tuberville, Mr. Cotton, Mr. Cruz, Mr.
Marshall, Mr. Crapo, Mr. Risch, Mr. Cramer, Mrs. Fischer, Mr. Rounds,
Mr. Budd, Mrs. Hyde-Smith, Mr. Hoeven, and Mr. Ricketts) 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
2026''.
SEC. 2. 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 inserting ``or''; and
(C) in paragraph (2), by amending subparagraph (B)
to read as follows:
``(B) recognizance; and'';
(3) in subsection (b)--
(A) in the subsection heading, by inserting
``Conditional'' before ``Parole''; and
(B) by inserting ``conditional'' before ``parole'';
(4) in subsection (c)(1)--
(A) in the matter preceding subparagraph (A), by
striking ``Attorney General'' and inserting ``Secretary
of Homeland Security''; and
(B) by striking the undesignated matter following
subparagraph (E)(ii) and inserting the following:
``at 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, when the alien is brought to the
attention of the Secretary, 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) 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 (i), 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.
``(h) 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 on recognizance. Any
review involving an alien described in paragraph (2) shall be
limited to a determination of whether the alien is properly
included in such category.
``(2) Classes of aliens.--The Attorney General's review of
the following classes of aliens shall be limited to a
determination of whether the alien is properly included in such
category:
``(A) Aliens in exclusion proceedings.
``(B) Aliens described in section 212(a)(3) or
237(a)(4).
``(C) Aliens described in subsection (c).
``(D) Aliens in deportation proceedings under
section 242(a)(2) (as in effect between April 24, 1996,
and April 1, 1997).
``(i) Release on Bond.--
``(1) In general.--An alien detained pursuant to subsection
(a) may seek release on bond. No bond may be granted under this
subsection unless the alien 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
pursuant to subsection (c) may seek release on bond under this
subsection.''.
SEC. 3. 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 striking subparagraphs (B) and (C) and
inserting the following:
``(B) Beginning of period.--The removal period
begins on the latest of--
``(i) the date on which the order of
removal becomes administratively final; or
``(ii) the date on which the alien is taken
into the custody of the Secretary of Homeland
Security if the alien is not in the custody of
the Secretary of Homeland Security on the date
on which the order of removal becomes
administratively final.
``(C) Suspension of period.--
``(i) Suspension.--The removal period shall
be suspended and the Secretary of Homeland
Security may, in the Secretary's sole
discretion, detain the alien during such
suspension, 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) any 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; or
``(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.
``(ii) Resumption.--If the removal period
has been suspended pursuant to clause (i), the
removal period shall resume 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 any of subparagraphs (A) through
(E) of section 236(c)(1) in detention during
the periods described in clauses (i) and (ii).
``(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. An
alien whose period of detention is extended or
suspended under this paragraph does not 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 the 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 of
Homeland Security 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'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 of
Homeland Security 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 a period of 90 days beyond the
removal period. An alien whose detention is
extended under this subparagraph does 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-day period
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; 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 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 removal.
``(II) until the alien is removed,
if the Secretary 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) 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;
``(cc) that--
``(AA) 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
``(BB) 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 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
has initiated the administrative review
process not later than 30 days after
the expiration of the removal period.
``(iii) No right to bond hearing.--An alien
whose detention is extended under this
subparagraph, including by reason of a
certification under clause (ii)(II), does not
have a right to seek release on bond.
``(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 pursuant to
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) or (cc) of
subparagraph (B)(ii)(II) below the level of the
Deputy Director of U.S. Immigration and Customs
Enforcement.
``(D) Release on conditions.--If a Federal court
orders an alien to be released from detention, the
Secretary of Homeland Security may impose the
conditions on release described in 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 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 of Homeland Security
under this paragraph shall not be subject to review by
any other agency.''.
SEC. 4. SEVERABILITY.
If any of the provisions of this Act, any amendment made by this
Act, or the application of any such provision or amendment 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. 5. EFFECTIVE DATES.
(a) Apprehension and Detention of Aliens.--The amendments made by
section 2 shall take effect on the date of the enactment of this Act.
Section 236 of the Immigration and Nationality Act, as amended by
section 2, 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 3 shall
take effect on the date of the enactment of this Act. Section 241 of
the Immigration and Nationality Act, as amended by section 3, 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.
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