[Congressional Record Volume 171, Number 9 (Thursday, January 16, 2025)]
[Senate]
[Page S232]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 79. Mr. KELLY 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) Cooperation on judicial proceedings; request for 
     release.--
       ``(A) Cooperation.--The Secretary of Homeland Security 
     shall establish rules for cooperating with requests from a 
     Federal, State, Tribal or local official and for complying 
     with court orders to ensure that any alien in the custody of 
     the Department of Homeland Security who is required to appear 
     in a court for another matter in which the alien is a 
     defendant, victim, witness, potential witness, or person 
     cooperating with an investigation of a major criminal 
     activity, including proceedings for an offense described in 
     paragraph (1)(E), is transported or transferred by an officer 
     or employee of the Department for such court proceeding.
       ``(B) Release.--Any alien being held in custody pursuant to 
     an arrest or charge described in paragraph (1)(E) who is 
     acquitted or not otherwise convicted of such charge within 90 
     days after the alien's first day of detention shall be 
     entitled to a hearing to challenge the basis for the alien's 
     custody under paragraph (1)(E) or to request to be released 
     under subsection (a)(2).''.
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