S.Amdt. 1560

SA 1560. Mr. INHOFE submitted an amendment intended to be proposed to
amendment SA 1183 submitted by Mr. Leahy (for himself and Mr. Hatch) to
the bill S. 744, to provide for comprehensive immigration reform and
for other purposes; which was ordered to lie on the table; as follows:

At the end of subtitle G of title III, add the following:

SEC. 3722. DETENTION OF DANGEROUS ALIENS.

(a) Short Title.--This section may be cited as the ``Keep
Our Communities Safe Act of 2013''.
(b) Sense of Congress.--It is the sense of Congress
that--
(1) this section should ensure that Constitutional rights
are upheld and protected;
(2) it is the intention of the Congress to uphold the
Constitutional principles of due process; and
(3) due process of the law is a right afforded to
everyone in the United States.
(c) Detention of Aliens During Removal Proceedings.--

[[Page S5032]]

(1) Clerical amendment.--Section 236 (8 U.S.C. 1226) is
amended--
(A) by striking ``Attorney General'' each place it
appears (except in the second place it appears in subsection
(a)) and inserting ``Secretary of Homeland Security'';
(B) in subsection (a), by inserting ``the Secretary of
Homeland Security or'' before ``the Attorney General--''; and
(C) in subsection (e), by striking ``Attorney General's''
and inserting ``Secretary of Homeland Security's''.
(2) Length of detention.--Section 236 (8 U.S.C. 1226) is
amended by adding at the end the following:
``(f) Length of Detention.--
``(1) Notwithstanding any other provision of this
section, an alien may be detained under this section for any
period, without limitation, except as provided in subsection
(h), until the alien is subject to a final order of removal.
``(2) The length of detention under this section shall
not affect detention under section 241 of this Act.''.
(3) Detention of criminal aliens.--Section 236(c)(1) (8
U.S.C. 1226(c)(1)) is amended, by striking the undesignated
matter following subparagraph (D) and inserting the
following:
``any time after the alien is released, without regard to
whether an alien is released related to any activity,
offense, or conviction described in this paragraph; to
whether the alien is released on parole, supervised release,
or probation; or to whether the alien may be arrested or
imprisoned again for the same offense. If the activity
described in this paragraph does not result in the alien
being taken into custody by any person other than the
Secretary, then when the alien is brought to the attention of
the Secretary or when the Secretary determines it is
practical to take such alien into custody, the Secretary
shall take such alien into custody.''.
(4) Administrative review.--Section 236 (8 U.S.C. 1226)
is amended by adding at the end the following:
``(g) Administrative Review.--
``(1) The Attorney General's review of the Secretary's
custody determinations under section 236(a) shall be limited
to whether the alien may be detained, released on bond (of at
least $1,500 with security approved by the Secretary), or
released with no bond.
``(2) The Attorney General's review of the Secretary's
custody determinations for the following classes of aliens:
``(A) Aliens in exclusion proceedings.
``(B) Aliens described in sections 212(a)(3) and
237(a)(4).
``(C) Aliens described in section 236(c).
``(D) Aliens in deportation proceedings subject to
section 242(a)(2) of the Act (as in effect prior to April 1,
1997, and as amended by section 440(c) of Public Law 104-
132); is limited to a determination of whether the alien is
properly included in such category.
``(h) Release on Bond.--
``(1) In general.--An alien detained under subsection (a)
may seek release on bond. No bond may be granted except to an
alien who establishes by clear and convincing evidence that
the alien is not a flight risk or a risk to another person or
the community.
``(2) Certain aliens ineligible.--No alien detained under
subsection (c) may seek release on bond.''.
(5) Clerical amendments.--Section 236 (8 U.S.C. 1226) is
amended--
(A) in subsection (a)(2)(B), by striking ``conditional
parole'' and inserting ``recognizance''; and
(B) in subsection (b), by striking ``parole'' and
inserting ``recognizance''.
(d) Aliens Ordered Removed.--Section 241(a) (8 U.S.C.
1231(a)) is amended--
(1) by striking ``Attorney General'' each place it
appears, except for the first place it appears in paragraph
(4)(B)(i), and inserting ``Secretary of Homeland Security'';
(2) in paragraph (1)--
(A) by striking subparagraphs (B) and (C) and inserting
the following:
``(B) Beginning of period.--The removal period begins on
the latest of--
``(i) the date on which the order of removal becomes
administratively final;
``(ii) the date on which the alien is taken into such
custody if the alien is not in the custody of the Secretary
on the date on which the order of removal becomes
administratively final; and
``(iii) the date on which the alien is taken into the
custody of the Secretary after the alien is released from
detention or confinement if the alien is detained or confined
(except for an immigration process) on the date on which the
order of removal becomes administratively final.
``(C) Suspension of period.--
``(i) Extension.--The removal period shall be extended
beyond a period of 90 days and the Secretary may, in the
Secretary's sole discretion, keep the alien in detention
during such extended period if--

``(I) the alien fails or refuses to make all reasonable
efforts to comply with the removal order, or to fully
cooperate with the Secretary'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 or conspires or
acts to prevent the alien's removal that is subject to an
order of removal;
``(II) 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;
``(III) the Secretary transfers custody of the alien
pursuant to law to another Federal agency or a State or local
government agency in connection with the official duties of
such agency; or
``(IV) a court or the Board of Immigration Appeals orders
a remand to an immigration judge or the Board of Immigration
Appeals, during the time period when the case is pending a
decision on remand (with the removal period beginning anew on
the date that the alien is ordered removed on remand).

``(ii) Renewal.--If the removal period has been extended
under clause (i), a new removal period shall be deemed to
have begun on the date on which--

``(I) the alien makes all reasonable efforts to comply
with the removal order, or to fully cooperate with the
Secretary's efforts to establish the alien's identity and
carry out the removal order;
``(II) the stay of removal is no longer in effect; or
``(III) the alien is returned to the custody of the
Secretary.

``(iii) Mandatory detention for certain aliens.--The
Secretary shall keep an alien described in subparagraphs (A)
through (D) of section 236(c)(1) in detention during the
extended period described in clause (i).
``(iv) Sole form of relief.--An alien may only seek
relief from detention under this subparagraph by filing an
application for a writ of habeas corpus in accordance with
chapter 153 of title 28, United States Code. No alien whose
period of detention is extended under this subparagraph shall
have the right to seek release on bond.'';
(3) in paragraph (3)--
(A) in the matter preceding subparagraph (A), by
inserting ``or is not detained pursuant to paragraph (6)''
after ``the removal period''; and
(B) by amending subparagraph (D) to read as follows:
``(D) to obey reasonable restrictions on the alien's
conduct or activities that the Secretary 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.'';
(4) in paragraph (4)(A), by striking ``paragraph (2)''
and inserting ``subparagraph (B)''; and
(5) by amending paragraph (6) to read as follows:
``(6) Additional rules for detention or release of
certain aliens.--
``(A) Detention review process for cooperative aliens
established.--For an alien who is not otherwise subject to
mandatory detention, 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 who has not
conspired or acted to prevent removal, the Secretary shall
establish an administrative review process to determine
whether the alien should be detained or released on
conditions. The Secretary shall make a determination whether
to release an alien after the removal period in accordance
with subparagraph (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 Secretary of State
or other Federal official and any other information available
to the Secretary of Homeland Security pertaining to the
ability to remove the alien.
``(B) Authority to detain beyond removal period.--
``(i) In general.--The Secretary of Homeland Security, in
the exercise of the Secretary's sole discretion, may continue
to detain an alien for 90 days beyond the removal period
(including any extension of the removal period under
paragraph (1)(C)). An alien whose detention is extended under
this subparagraph shall have no right to seek release on
bond.
``(ii) Specific circumstances.--The Secretary of Homeland
Security, in the exercise of the Secretary's sole discretion,
may continue to detain an alien beyond the 90 days authorized
under clause (i)--

``(I) until the alien is removed, if the Secretary, in
the Secretary's sole discretion, determines that there is a
significant likelihood that the alien--

``(aa) will be removed in the reasonably foreseeable
future; or
``(bb) would be removed in the reasonably foreseeable
future, or would have been removed, but for the alien's
failure or refusal to make all reasonable efforts to comply
with the removal order, or to cooperate fully with the
Secretary'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, or conspires or acts to
prevent removal;

``(II) until the alien is removed, if the Secretary of
Homeland Security certifies in writing--

``(aa) 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;
``(bb) after receipt of a written recommendation from the
Secretary of State,

[[Page S5033]]

that release of the alien is likely to have serious adverse
foreign policy consequences for the United States;
``(cc) 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
``(dd) 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
``(AA) the alien has been convicted of 1 or more
aggravated felonies (as defined in section 101(a)(43)(A)) or
of 1 or more crimes identified by the Secretary of Homeland
Security by regulation, or of 1 or more attempts or
conspiracies to commit any such aggravated felonies or such
identified crimes, if the aggregate term of imprisonment for
such attempts or conspiracies is at least 5 years; or
``(BB) the alien has committed 1 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

``(III) pending a certification under subclause (II), if
the Secretary of Homeland Security has initiated the
administrative review process not later than 30 days after
the expiration of the removal period (including any extension
of the removal period under paragraph (1)(C)).

``(iii) No right to bond hearing.--An alien whose
detention is extended under this subparagraph shall have no
right to seek release on bond, including by reason of a
certification under clause (ii)(II).
``(C) Renewal and delegation of certification.--
``(i) Renewal.--The Secretary of Homeland Security may
renew a certification under subparagraph (B)(ii)(II) every 6
months, 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 a certification, the Secretary
may not continue to detain the alien under subparagraph
(B)(ii)(II).
``(ii) Delegation.--Notwithstanding section 103, the
Secretary of Homeland Security may not delegate the authority
to make or renew a certification described in item (bb),
(cc), or (dd) of subparagraph (B)(ii)(II) below the level of
the Assistant Secretary for Immigration and Customs
Enforcement.
``(iii) Hearing.--The Secretary of Homeland Security may
request that the Attorney General or the Attorney General's
designee provide for a hearing to make the determination
described in item (dd)(BB) of subparagraph (B)(ii)(II).
``(D) Release on conditions.--If it is determined that an
alien should be released from detention by a Federal court,
the Board of Immigration Appeals, or if an immigration judge
orders a stay of removal, the Secretary of Homeland Security,
in the exercise of the Secretary's discretion, may impose
conditions on release as provided under paragraph (3).
``(E) Redetention.--The Secretary of Homeland Security,
in the exercise of the Secretary's 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 removal becomes likely in the
reasonably foreseeable future, the alien fails to comply with
the conditions of release, or to continue to satisfy the
conditions described in subparagraph (A), or if, upon
reconsideration, the Secretary, in the Secretary's sole
discretion, determines that the alien can be detained under
subparagraph (B). This section shall apply to any alien
returned to custody pursuant to this subparagraph, as if the
removal period terminated on the day of the redetention.
``(F) Review of determinations by secretary.--A
determination by the Secretary under this paragraph shall not
be subject to review by any other agency.''.
(e) Severability.--If any of the provisions of this
section, any amendment made by this section, or the
application of any such provision to any person or
circumstance, is held to be invalid for any reason, the
remainder of this section, the amendments made by this
section, and the application of the provisions and amendments
made by this section to any other person or circumstance
shall not be affected by such holding.
(f) Effective Dates.--
(1) Apprehension and detention of aliens.--The amendments
made by subsection (c) shall take effect on the date of the
enactment of this Act. Section 236 of the Immigration and
Nationality Act, as amended by subsection (c), shall apply to
any alien in detention under provisions of such section on or
after such date of enactment.
(2) Aliens ordered removed.--The amendments made by
subsection (d) shall take effect on the date of the enactment
of this Act. Section 241 of the Immigration and Nationality
Act, as amended by subsection (d), shall apply to--
(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
(B) acts and conditions occurring or existing before, on,
or after such date of enactment.
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