S.Amdt. 850

1. Adds TITLE VI--DETENTION AND REMOVAL OF ALIENS ORDERED REMOVED at the end of the bill

   Adds a title

   In S. 372 · Reported to Senate

   (2) Section 207(a)(2)(B) of the Legislative Branch Appropriations Act, 1993 (44 U.S.C. 501 note) is amended by striking "National Imagery and Mapping Agency" and inserting "National Geospatial- Intelligence Agency".

   Inserted: TITLE VI--DETENTION AND REMOVAL OF ALIENS ORDERED REMOVED

   Inserted: SEC. 601. DETENTION OF DEPORTABLE ALIENS TO PROTECT PUBLIC SAFETY.

   Inserted: (a) In General.--Section 241(a) of the Immigration and Nationality Act (8 U.S.C. 1231(a)) is amended--

   Inserted: (1) by striking "Attorney General" each place it appears, except for the first reference in paragraph (4)(B)(i), and inserting "Secretary of Homeland Security";

   Inserted: (2) in paragraph (1)--

   Inserted: (A) by amending clause (ii) of subparagraph (B) to read as follows:

   Inserted: "(ii) If a court, the Board of Immigration Appeals, or an immigration judge orders a stay of the removal of the alien, the date the stay of removal is no longer in effect.";

   Inserted: (B) by adding at the end of subparagraph (B), the following flush text:

   Inserted: "If, at the beginning of the removal period, as determined under this subparagraph, the alien is not in the custody of the Secretary of Homeland Security (under the authority of this Act), the Secretary shall take the alien into custody for removal, and the removal period shall not begin until the alien is taken into such custody. If the Secretary transfers custody of the alien during the removal period pursuant to law to another Federal agency or a State or local government agency in connection with the official duties of such agency, the removal period shall be tolled, and shall begin anew on the date of the alien's return to the custody of the Secretary subject to clause (ii)."; and

   Inserted: (C) by amending subparagraph (C) to read as follows:

   Inserted: "(C) Suspension of period.--The removal period shall be extended beyond a period of 90 days and the alien may remain in detention during such extended period if the alien--

   Inserted: "(i) fails or refuses to make all reasonable efforts to comply with the removal order, or to fully cooperate with the efforts of the Secretary to establish the identity of the alien and carry out the removal order, including making timely application in good faith for travel or other documents necessary to the departure of the alien; or

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   Inserted: "(ii) conspires or acts to prevent the alien's removal.";

   Inserted: (3) in paragraph (2)--

   Inserted: (A) by striking "During" and inserting the following:

   Inserted: "(A) In general.--During"; and

   Inserted: (B) by adding at the end the following new subparagraph:

   Inserted: "(B) Effect of stay of removal.--If a court, the Board of Immigration Appeals, or an immigration judge orders a stay of removal of an alien who is subject to an administratively final order of removal, the Secretary of Homeland Security in the exercise of discretion may detain the alien during the pendency of such stay of removal.";

   Inserted: (4) in paragraph (3), by amending subparagraph (D) to read as follows:

   Inserted: "(D) to obey reasonable restrictions on the alien's conduct or activities or to perform affirmative acts that the Secretary of Homeland Security prescribes for the alien, in order to prevent the alien from absconding, for the protection of the community, or for other purposes related to the enforcement of the immigration laws.";

   Inserted: (5) in paragraph (6), by striking "removal period and, if released," and inserting "removal period, in the discretion of the Secretary of Homeland Security, without any limitations other than those specified in this section, until the alien is removed. If the alien is released, the alien"; and

   Inserted: (6) by redesignating paragraph (7) as paragraph (10) and inserting after paragraph (6) the following new paragraphs:

   Inserted: "(7) Parole.--If an alien detained pursuant to paragraph (6) is an applicant for admission, the Secretary of Homeland Security, in the Secretary's discretion, may parole the alien under section 212(d)(5) and may provide, notwithstanding section 212(d)(5), that the alien shall not be returned to custody unless either the alien violates the conditions of the parole or the removal of the alien becomes reasonably foreseeable. In no circumstance shall such alien be considered admitted.

   Inserted: "(8) Additional rules for detention or release of certain aliens who have made an entry.--The following procedures apply to an alien who has effected an entry into the United States and do not apply to any other alien detained pursuant to paragraph (6):

   Inserted: "(A) Establishment of a detention review process for aliens who fully cooperate with removal.--For an alien who has made all reasonable efforts to comply with a removal order and to cooperate fully with the Secretary of Homeland Security's efforts to establish the alien's identity and carry out the removal order, including making timely application in good faith for travel or other documents necessary to the alien's departure, and has not conspired or acted to prevent removal, the Secretary of Homeland Security shall establish an administrative review process to determine whether an alien will be detained or released on conditions. The Secretary shall make a determination whether to release an alien after the removal period in accordance with paragraph (1)(B). The determination shall include consideration of any evidence submitted by the alien, and may include consideration of any other evidence, including any information or assistance provided by the Department of State or other Federal agency and any other information available to the Secretary pertaining to the ability to remove the alien.

   Inserted: "(B) Additional 90-day period.--The Secretary of Homeland Security, in the exercise of discretion, without any limitations other than those specified in this section, may continue to detain an alien for 90 days beyond the removal period (including any extension of the removal period as provided in paragraph (1)(D)).

   Inserted: "(C) Further detention.--The Secretary of Homeland Security, in the exercise of discretion, without any limitations other than those specified in this section, may continue to detain an alien beyond the removal period and the 90-day period authorized by subparagraph (B)--

   Inserted: "(i) until the alien is removed, if the Secretary determines that there is a significant likelihood that the alien--

   Inserted: "(I) will be removed in the reasonably foreseeable future; or

   Inserted: "(II) would be removed in the reasonably foreseeable future, or would have been removed, but for the failure or refusal of the alien to make all reasonable efforts to comply with the removal order, or to cooperate fully with the efforts of the Secretary to establish the identity of the alien and to carry out the removal order, including making timely application in good faith for travel or other documents necessary to the departure of the alien, or conspiracies or acts to prevent the alien's removal;

   Inserted: "(ii) until the alien is removed, if the Secretary certifies in writing--

   Inserted: "(I) in consultation with the Secretary of Health and Human Services, that the alien has a highly contagious disease that poses a threat to public safety;

   Inserted: "(II) after receipt of a written recommendation from the Secretary of State, that release of the alien is likely to have serious adverse foreign policy consequences for the United States;

   Inserted: "(III) based on information available to the Secretary of Homeland Security (including classified, sensitive, or national security information, and without regard to the grounds upon which the alien was ordered removed), that there is reason to believe that the release of the alien would threaten the national security of the United States; or

   Inserted: "(IV) that the release of the alien will threaten the safety of the community or any person, conditions of release cannot reasonably be expected to ensure the safety of the community or any person, and--

   Inserted: "(aa) the alien has been convicted of one or more aggravated felonies as defined in section 101(a)(43)(A), one or more crimes identified by the Secretary of Homeland Security by regulation, or one or more attempts or conspiracies to commit any such aggravated felonies or such identified crimes, provided that the aggregate term of imprisonment for such attempts or conspiracies is at least 5 years; or

   Inserted: "(bb) the alien has committed one or more crimes of violence (as defined in section 16 of title 18, United States Code, but not including a purely political offense) and, because of a mental condition or personality disorder and behavior associated with that condition or disorder, the alien is likely to engage in acts of violence in the future; or

   Inserted: "(V) that the release of the alien will threaten the safety of the community or any person, conditions of release cannot reasonably be expected to ensure the safety of the community or any person, and the alien has been convicted of at least one aggravated felony as defined in section 101(a)(43); or

   Inserted: "(iii) pending a certification under clause (ii), if the Secretary has initiated the administrative review process under subparagraph (C) not later than 30 days after the expiration of the alien's removal period (including any extension of the removal period as provided in paragraph (1)(D)).

   Inserted: "(D) Renewal and delegation of certification.--

   Inserted: "(i) Renewal.--The Secretary of Homeland Security may renew a certification under subparagraph (C)(ii) every 180 days without limitation, after providing an opportunity for the alien to request reconsideration of the certification and to submit documents or other evidence in support of that request. If the Secretary does not renew such a certification, the Secretary may not continue to detain the alien under subparagraph (C)(ii).

   Inserted: "(ii) Delegation.--Notwithstanding section 103, the Secretary of Homeland Security may not delegate the authority to make or renew a certification described in subclause (II), (III), or (V) of subparagraph (C)(ii) to an official below the level of the Assistant Secretary for Immigration and Customs Enforcement.

   Inserted: "(iii) Hearing.--The Secretary of Homeland Security may request that the Attorney General, or a designee of the Attorney General, provide for a hearing to make the determination described in item (bb) of subparagraph (C)(ii)(IV).

   Inserted: "(E) Release on conditions.--If it is determined that an alien should be released from detention under this paragraph, the Secretary of Homeland Security, in the exercise of discretion, may impose conditions on release as provided in paragraph (3).

   Inserted: "(F) Redetention.--

   Inserted: "(i) In general.--The Secretary of Homeland Security, in the exercise of discretion, without any limitations other than those specified in this section, may again detain any alien subject to a final removal order who is released from custody if--

   Inserted: "(I) the alien fails to comply with the conditions of release;

   Inserted: "(II) the alien fails to continue to satisfy the conditions described in subparagraph (A); or

   Inserted: "(III) upon reconsideration, the Secretary determines that the alien may be detained under subparagraph (B) or (C).

   Inserted: "(ii) Applicability of custody provisions.--The provisions of paragraph (6) and this paragraph shall apply to any alien returned to custody pursuant to this subparagraph, as if the removal period terminated on the day of that the alien was so returned to custody.

   Inserted: "(G) Certain aliens who effected entry.--The Secretary of Homeland Security in the exercise of discretion may waive the provisions of subparagraph (A) through (F) and detain an alien without any limitations, except those which the Secretary shall adopt by regulation, if--

   Inserted: "(i) the alien has effected an entry;

   Inserted: "(ii) the alien has not been lawfully admitted into the United States; and

   Inserted: "(iii) the alien has not been physically present in the United States continuously for the 2-year period immediately prior to the commencement of removal proceedings under this Act or deportation proceedings against the alien.

   Inserted: "(9) Judicial review.--Without regard to the place of confinement, judicial review of any action or decision pursuant to paragraph (6), (7), or (8) shall be available exclusively in a habeas corpus proceeding instituted in the United States District Court for the District of Columbia, and only if the alien has exhausted all administrative remedies (statutory and regulatory) available to the alien as of right.".

   Inserted: (b) Detention of Aliens During Removal Proceedings.--

   Inserted: (1) In general.--Section 235 of the Immigration and Nationality Act (8 U.S.C. 1225) is amended by adding at the end the following new subsections:

   Inserted: "(e) Length of Detention.--

   Inserted: "(1) In general.--An alien may be detained under this section, without limitation, until the alien is subject to an administratively final order of removal.

   Inserted: "(2) Effect on detention under section 241.--The length of detention under this section shall not affect the validity of any detention under section 241.

   Inserted: "(3) Judicial review.--Without regard to the place of confinement, judicial review of any action or decision made pursuant to paragraph (1) or (2) of this subsection shall be available exclusively in a habeas corpus proceeding instituted in the United States District Court for the District of Columbia and only if the alien has exhausted all administrative remedies (statutory and nonstatutory) available to the alien as of right.".

   Inserted: (2) Conforming amendments.--Section 236 of the Immigration and Nationality Act (8 U.S.C. 1226) is amended--

   Inserted: (A) in subsection (e)--

   Inserted: (i) by striking "The" and inserting the following:

   Inserted: "(1) In general.--The"; and

   Inserted: (ii) by adding at the end the following new paragraph:

   Inserted: "(2) Limitation on review.--Without regard to the place of confinement, judicial review of any action or decision made pursuant to subsection (f) shall be available exclusively in a habeas corpus proceeding instituted in the United States District Court for the District of Columbia, and only if the alien has exhausted all administrative remedies (statutory and nonstatutory) available to the alien as of right."; and

   Inserted: (B) by adding at the end the following new subsection:

   Inserted: "(f) Length of Detention.--

   Inserted: "(1) In general.--With regard to the length of detention, an alien may be detained under this section, without limitation, until the alien is subject to an administratively final order of removal.

   Inserted: "(2) Effect on detention under section 241.--The length of detention under this section shall not affect the validity of any detention under section 241.".

   Inserted: (c) Effective Dates.--

   Inserted: (1) Amendments made by subsection (a).--The amendments made by subsection (a) shall take effect on the date of the enactment of this Act, and section 241 of the Immigration and Nationality Act, as amended, shall apply to--

   Inserted: (A) all aliens subject to a final administrative removal, deportation, or exclusion order that was issued before, on, or after the date of the enactment of this Act; and

   Inserted: (B) acts and conditions occurring or existing before, on, or after the date of the enactment of this Act.

   Inserted: (2) Amendments made by subsection (b).--The amendments made by subsection (b) shall take effect on the date of the enactment of this Act, and sections 235 and 236 of the Immigration and Nationality Act, as amended, shall apply to any alien in detention under provisions of such sections on or after the date of the enactment of this Act.

   Inserted: SEC. 602. CRIMINAL DETENTION OF ALIENS TO PROTECT PUBLIC SAFETY.

   Inserted: (a) In General.--Section 3142(e) of title 18, United States Code, is amended--

   Inserted: (1) by redesignating paragraphs (1) through (3) as subparagraphs (A) through (C), respectively;

   Inserted: (2) by striking "If, after a hearing" and inserting the following:

   Inserted: "(1) In general.--If, after a hearing";

   Inserted: (3) by striking "In a case" and inserting the following:

   Inserted: "(2) Presumption arising from offenses described in subsection (f)(1).--In a case";

   Inserted: (4) by striking "Subject to rebuttal" and inserting the following:

   Inserted: "(3) Presumption arising from other offenses involving illegal substances, firearms, violence, or minors.--Subject to rebuttal";

   Inserted: (5) in subparagraphs (B) and (C) of paragraph (1), as resdesignated, by striking "paragraph (1)" and inserting "subparagraph (A)"; and

   Inserted: (6) by adding at the end the following new paragraph:

   Inserted: "(4) Presumption arising from offenses relating to immigration law.--Subject to rebuttal by the person, it shall be presumed that no condition or combination of conditions will reasonably assure the appearance of the person as required if the judicial officer finds that there is probable cause to believe that the person is an alien and that the person--

   Inserted: "(A) has no lawful immigration status in the United States;

   Inserted: "(B) is the subject of a final order of removal; or

   Inserted: "(C) has committed a felony offense under section 842(i)(5), 911, 922(g)(5), 1015, 1028, 1028A, 1425, or 1426 of this title, or any section of chapters 75 and 77 of this title, or section 243, 274, 275, 276, 277, or 278 of the Immigration and Nationality Act (8 U.S.C. 1253, 1324, 1325, 1326, 1327, and 1328).".

   Inserted: (b) Immigration Status as Factor in Determining Conditions of Release.--Section 3142(g)(3) of title 18, United States Code, is amended--

   Inserted: (1) in subparagraph (A), by striking "; and" and inserting a semicolon; and

   Inserted: (2) by adding at the end the following new subparagraph:

   Inserted: "(C) the person's immigration status; and".

   Inserted: SEC. 603. SEVERABILITY.

   Inserted: If any provision of this title or any amendment made by this title, or the application of any such provision or amendment to any person or circumstance, is held to be invalid for any reason, the remainder of the provisions of this title and the amendments made by this title, and the application of such provisions and amendments to any other person or circumstance shall not be affected by such holding.

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