[Congressional Record Volume 171, Number 8 (Wednesday, January 15, 2025)]
[Senate]
[Page S191]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 60. Mr. KING 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, add the following:

     SEC. 4. ALTERNATIVES TO DETENTION FOR CERTAIN ALIENS.

       Section 236(c) of the Immigration and Nationality Act (8 
     U.S.C. 1226(c)), as amended by this Act, is further amended 
     by adding at the end the following:
       ``(5) Alternatives to detention for certain aliens.--
       ``(A) In general.--The Secretary of Homeland Security shall 
     impose ankle monitoring or a similar level of supervision, as 
     an alternative to detention, in the case of an alien 
     described in paragraph (1)(E)--
       ``(i) who does not pose a threat to public safety; and
       ``(ii) with respect to whom there are extenuating 
     circumstances.
       ``(B) Extenuating circumstances.--In determining whether 
     there are extenuating circumstances for purposes of 
     subparagraph (A)(ii), the Secretary shall consider as 
     relevant factors--
       ``(i) whether the alien's detention would result in the 
     loss of a provider or caregiver for a child or dependent; and
       ``(ii) whether the alien is pregnant or suffering from a 
     serious medical condition.
       ``(C) Procedures and guidance.--The Secretary of Homeland 
     Security, in consultation with the Director of U.S. 
     Immigration and Customs Enforcement, shall--
       ``(i) establish procedures for an alien detained pursuant 
     to paragraph (1)(E) to petition U.S. Immigration and Customs 
     Enforcement for an alternative mandatory custodial 
     arrangement; and
       ``(ii) issue guidance to U.S. Immigration and Customs 
     Enforcement for determining whether an alien described in 
     paragraph (1)(E) poses a threat to public safety.''.
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