[Congressional Record Volume 171, Number 7 (Tuesday, January 14, 2025)]
[Senate]
[Page S141]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 16. Mr. CRUZ submitted an amendment intended to be proposed by him 
to the bill S. 5, to require the Secretary of Homeland Security to take 
into custody aliens who have been charged in the United States with 
theft, and for other purposes; which was ordered to lie on the table; 
as follows:

       At the end of the bill, add the following:

     SEC. 4. ENHANCING PUBLIC SAFETY THROUGH DETENTION, CONTINUOUS 
                   MONITORING, OR REMOVAL OF ALIENS UNLAWFULLY 
                   PRESENT IN THE UNITED STATES.

       (a) Short Title.--This section may be cited as the 
     ``Justice for Jocelyn Act''.
       (b) Limitation on Participation in Alternatives to 
     Detention.--No alien may be released as part of any program 
     under the Alternatives to Detention program unless--
       (1) all detention beds available to the Secretary have been 
     filled;
       (2) there exists no available option to hold aliens in 
     detention; and
       (3) the Secretary of Homeland Security has exercised and 
     exhausted all reasonable efforts to hold aliens in detention.
       (c) GPS Tracking and Curfew Requirements for Certain 
     Aliens.--Each alien on U.S. Immigration and Customs 
     Enforcement's nondetained docket shall be--
       (1) enrolled in the Alternatives to Detention program;
       (2) continuously subject to GPS monitoring--
       (A) for the duration of all applicable immigration 
     proceedings, including any appeal; and
       (B) in the case of an alien who is ordered removed from the 
     United States, until removal; and
       (3) required to stay in their Alternatives to Detention-
     compliant home address between the hours of 10:00 p.m. and 
     5:00 a.m.
       (d) Removal of Aliens Who Fail to Comply With Release 
     Order.--Section 240(b)(5) of the Immigration and Nationality 
     Act (8 U.S.C. 1229a(b)(5)) is amended by adding at the end 
     the following:
       ``(F) Failure to comply with release order.--If an 
     immigration officer submits an affidavit to an immigration 
     judge stating that an alien failed to comply with a condition 
     of release under section 236(a), such alien shall be ordered 
     removed in absentia.''.
       (e) Severability.--If any provision of this section or the 
     application of such provision to any person or circumstance 
     is held by a Federal court to be unconstitutional, the 
     remainder of this section and the application of such 
     provisions to any other person or circumstance shall not be 
     affected.
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