S.Amdt. 71

SA 71. Mr. MERKLEY 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) Child custody determination hearing.--If any
noncitizen who is 18 years of age or older and is the parent
or guardian of a child who is younger than 17 years of age
remains in custody pursuant to paragraph (1)(E) for 30
consecutive days, the Secretary of Homeland Security shall
provide a custody determination hearing to determine whether
it is in the best interests of such child for such noncitizen
to be released in order to care for such child. The Secretary
shall determine bond or other conditions for release only
after determining that the noncitizen does not pose a flight
risk or a danger to the community.''.
______