[Congressional Record Volume 171, Number 8 (Wednesday, January 15, 2025)]
[Senate]
[Page S194]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 71. Mr. MERKLEY 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:

       On page 3, line 8, strike the end quote and final period 
     and insert the following:
       ``(4) Child custody determination hearing.--If any 
     noncitizen who is 18 years of age or older and is the parent 
     or guardian of a child who is younger than 17 years of age 
     remains in custody pursuant to paragraph (1)(E) for 30 
     consecutive days, the Secretary of Homeland Security shall 
     provide a custody determination hearing to determine whether 
     it is in the best interests of such child for such noncitizen 
     to be released in order to care for such child. The Secretary 
     shall determine bond or other conditions for release only 
     after determining that the noncitizen does not pose a flight 
     risk or a danger to the community.''.
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