[Congressional Record Volume 171, Number 7 (Tuesday, January 14, 2025)]
[Senate]
[Pages S153-S154]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 39. Mrs. SHAHEEN submitted an amendment intended to be proposed by 
her 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:

       On page 2, strike lines 7 through 19, and insert the 
     following:
       (1) by striking paragraph (1) and inserting the following:
       ``(1) Custody.--The Secretary of Homeland Security or the 
     Attorney General shall take into custody any alien who--

[[Page S154]]

       ``(A)(i) is inadmissible by reason of having been convicted 
     of any offense described in section 212(a)(2); or
       ``(ii) has been arrested for, or charged with, any such 
     offense and failed to appear for a hearing or procedural 
     appearance relating to such charge;
       ``(B)(i) is deportable by reason of having been convicted 
     of any offense described in subparagraph (A)(ii), (A)(iii), 
     (B), (C), or (D) of section 237(a)(2); or
       ``(ii) has been arrested for, or charged with, any such 
     offense and failed to appear for a hearing or procedural 
     appearance relating to such charge;
       ``(C)(i) is deportable under section 237(a)(2)(A)(i) on the 
     basis of conviction for an offense for which the alien has 
     been sentenced to a term of imprisonment of at least 1 year; 
     or
       ``(ii) has been arrested for, or charged with, any such 
     offense and failed to appear for a hearing or procedural 
     appearance relating to such charge;
       ``(D)(i) is inadmissible under section 212(a)(3)(B) or 
     deportable under section 237(a)(4)(B); or
       ``(ii) has been arrested for, or charged with, any 
     terrorism offense described in either such section and failed 
     to appear for a hearing or procedural appearance relating to 
     such charge;
       ``(E)(i) is inadmissible under paragraph (6)(A), (6)(C), or 
     (7) of section 212(a); and
       ``(ii)(I) is convicted of, admits having committed, or 
     admits committing acts which constitute the essential 
     elements of any burglary, theft, larceny, or shoplifting 
     offense; or
       ``(II) is charged with any of the crimes listed in 
     subclause (I) and failed to appear for a hearing or 
     procedural appearance relating to such charge or for a 
     hearing relating to the alien's immigration status,
     when the alien is released, without regard to whether the 
     alien is released on parole, supervised release, or 
     probation, and without regard to whether the alien may be 
     arrested or imprisoned again for the same offense.''.
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