[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''.
                                 ______