[Congressional Record Volume 161, Number 91 (Tuesday, June 9, 2015)]
[Senate]
[Pages S3947-S3949]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 1919. Mr. SESSIONS submitted an amendment intended to be proposed
to amendment SA 1463 proposed by Mr. McCain to the bill H.R. 1735, to
authorize appropriations for fiscal year 2016 for military activities
of the Department of Defense, for military construction, and for
defense activities of the Department of Energy, to prescribe military
personnel strengths for such fiscal year, and for other purposes; which
was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
Subtitle __--Safe Communities
SEC. __1. SHORT TITLE.
This subtitle may be cited as the ``Keep Our Communities
Safe Act of 2015''.
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 everyone
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 (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:
``(f) Length of Detention.--(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 (h), 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.
``(g) Administrative Review.--(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 section 212(a)(3) or 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).
``(h) Release on Bond.--(1) Subject to paragraphs (2) and
(3), an alien detained under subsection (a) may seek release
on bond.
``(2) No bond may be granted under this subsection 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.
``(3) 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 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 striking subparagraphs (B) and (C) and inserting the
following:
``(B) Beginning of period.--The removal period begins on
the latest of--
[[Page S3948]]
``(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
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 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 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 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 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 in accordance with 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
[[Page S3949]]
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. SEVERABILITY.
If any of the provisions of this subtitle, any amendment
made by this subtitle, or the application of any such
provision to any person or circumstance, is held to be
invalid for any reason, the remainder of this subtitle, the
amendments made by this subtitle, and the application of the
provisions and amendments made by this subtitle to any other
person or circumstance shall not be affected by such holding.
SEC. __6. 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
and 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.
______