[Congressional Record Volume 172, Number 152 (Thursday, September 24, 2026)]
[Senate]
[Pages S5004-S5005]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
By Mr. DURBIN (for himself, Mr. Padilla, Mr. King, Ms. Hirono,
[[Page S5005]]
Mr. Kaine, Mr. Blumenthal, and Mrs. Murray):
S. 5560. A bill to improve fairness and accountability with respect
to the arrest and detention of noncitizens; to the Committee on the
Judiciary.
Mr. DURBIN. Mr. President, I ask unanimous consent that the text of
the bill be printed in the Record.
There being no objection, the text of the bill was ordered to be
printed in the Record, as follows:
S. 5560
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Immigration Warrants Reform
Act of 2026''.
SEC. 2. INSPECTION OF NONCITIZENS.
Section 235(b)(2)(A) of the Immigration and Nationality Act
(8 U.S.C. 1225(b)(2)(A)) is amended--
(1) by striking ``an alien'' each place such term appears
and inserting ``a noncitizen'';
(2) by striking ``the alien'' and inserting ``a
noncitizen''; and
(3) by inserting ``at the border (and who is not or was not
paroled)'' after ``applicant for admission''.
SEC. 3. ARREST, DETENTION, AND RELEASE OF NONCITIZENS.
Section 236 of the Immigration and Nationality Act (8
U.S.C. 1226) is amended--
(1) in the section heading, by striking ``aliens'' and
inserting ``noncitizens''; and
(2) by striking subsections (a) and (b) and inserting the
following:
``(a) Arrest, Detention, and Release.--
``(1) In general.--Upon the issuance of an administrative
warrant described in paragraph (4), a noncitizen may be
arrested and detained pending a decision on whether the
noncitizen will be removed from the United States.
``(2) Release.--Except as provided in subsection (c), the
Department of Homeland Security may release a detained
noncitizen on his or her own recognizance or subject to such
conditions as may be necessary to facilitate the noncitizen's
attendance with future proceedings and to prevent any danger
to the community.
``(3) Periodic review.--
``(A) In general.--A detained noncitizen is entitled to
seek a custody review every 60 days from an immigration judge
or an appropriate district court of the United States that
may release the noncitizen on his or her own recognizance or
subject to such conditions as may be necessary to facilitate
the noncitizen's attendance with future proceedings and to
prevent any danger to the community.
``(B) Burden of proof.--In any proceeding under
subparagraph (A), the burden of proof shall be on the
Secretary of Homeland Security to establish, by clear and
convincing evidence, that the noncitizen is a flight risk
from attending future proceedings or a danger to the
community.
``(4) Requirements for administrative warrant.--All
administrative warrants for the arrest of a noncitizen
shall--
``(A) accurately document individualized probable cause of
the noncitizen's removability under section 212 or section
237;
``(B) be signed by a supervising officer of the Department
of Homeland Security at least 24 hours in advance of its
execution;
``(C) be issued concurrently with, or based on, a
previously existing notice to appear pursuant to section
239(a); and
``(D) be served on the noncitizen with such notice to
appear at the time of arrest.
``(b) Revocation of Release.--The Secretary of Homeland
Security may, at any time, upon an individualized
determination that there is probable cause to find that a
noncitizen presents a danger to the community--
``(1) revoke a release authorized under subsection (a)(2);
``(2) rearrest the noncitizen pursuant to a warrant
described in subsection (a)(4); and
``(3) detain the noncitizen.''.
SEC. 4. POWERS OF IMMIGRATION OFFICERS AND EMPLOYEES WITHOUT
A WARRANT.
Section 287(a) of the Immigration and Nationality Act (8
U.S.C. 1357(a)) is amended--
(1) by striking the matter preceding paragraph (1) and all
that follows through the end of paragraph (2) and inserting
the following:
``(1) Unauthorized entry.--Any officer or employee of the
Department of Homeland Security authorized under regulations
prescribed by the Secretary of Homeland Security shall have
power, without a warrant, to arrest any noncitizen who, in
the presence or view of the officer or employee, is entering
or attempting to enter the United States at any time or place
other than as designated by the Department of Homeland
Security or an immigration officer.
``(2) Interior arrests.--
``(A) In general.--Any officer or employee of the
Department of Homeland Security authorized under regulations
prescribed by the Secretary of Homeland Security shall have
power, without a warrant, to arrest any noncitizen who is
physically present in the United States if the officer or
employee has probable cause to believe such individual--
``(i) is a noncitizen;
``(ii) is subject to removal under section 212 or section
237;
``(iii) presents an imminent danger to the community, which
requires immediate arrest; and
``(iv) is likely to escape before a warrant can be obtained
for such arrest.
``(B) Documentation.--Not later than 12 hours after each
arrest carried out pursuant to subparagraph (A), the officer
or employee making the arrest shall submit a sworn, written
statement, under penalty of perjury, to a supervisory
immigration officer or employee that includes an
individualized assessment of probable cause regarding the
factors described in clauses (i) through (iv) of subparagraph
(A) that are required for such warrantless arrest.
``(C) Judicial review.--Not later than 24 hours after each
arrest carried out pursuant to subparagraph (A), an
immigration judge or an appropriate district court of the
United States shall--
``(i) examine whether such arrest met the requirements
under subparagraph (A) based on available evidence,
including--
``(I) the sworn statement submitted pursuant to
subparagraph (B); and
``(II) in-person testimony from the individual who was
arrested;
``(ii) make individualized findings of whether the
arresting officer or employee has established probable cause
as to the factors described in clauses (i) through (iv) of
subparagraph (A) that are required to make a warrantless
arrest; and
``(iii) if the judge or court determines that the
Department has not established such probable cause and the
individual arrested does not present an imminent danger to
the community, the judge or the court shall order the prompt
release of the individual.''; and
(2) in paragraph (3), by striking ``(3) within a reasonable
distance'' and inserting the following:
``(3) Other powers.--Any officer or employee of the
Department of Homeland Security authorized under regulations
prescribed by the Secretary of Homeland Security shall have
power, without a warrant--
``(A) within a reasonable distance''.
SEC. 5. CONFORMING AMENDMENTS.
Section 287(a) of the Immigration and Nationality Act (8
U.S.C. 1357(a)) is further amended--
(1) in paragraph (5), by redesignating subparagraphs (A)
and (B) as clauses (i) and (ii), respectively, and by moving
such clauses 2 ems to the right;
(2) by redesignating paragraphs (4) and (5) as
subparagraphs (B) and (C), respectively, and by moving such
subparagraphs 2 ems to the right;
(3) in paragraph (3), as redesignated--
(A) by striking ``aliens'' each place such term appears and
inserting ``noncitizens''; and
(B) in subparagraph (C)(ii), by striking ``reasonable
grounds to believe'' and inserting ``probable cause''; and
(4) in the undesignated matter following paragraph
(3)(C)(ii), as redesignated--
(A) by striking ``under paragraph (5)(B)'' each place it
appears and inserting ``under paragraph (3)(C)(ii)'';
(B) by inserting ``or the Secretary of Homeland Security''
after ``Attorney General''; and
(C) by striking ``Service'' each place such term appears
and inserting ``Department of Homeland Security''.
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