S. 5560Senate119th Congress (2025-2027)In Committee

Immigration Warrants Reform Act of 2026

A bill to improve fairness and accountability with respect to the arrest and detention of noncitizens.

AI-Generated Summary

Updated October 7, 2026 at 4:21 AM UTC

The Immigration Warrants Reform Act of 2026 aims to make the arrest, detention, and release of noncitizens more fair and accountable. It updates immigration law language to use “noncitizen” instead of “alien,” sets new rules for administrative warrants, requires regular judicial review of detention, and tightens the standards for warrant‑less arrests by Homeland Security officers.

Key Provisions

All references to “alien” in the Immigration and Nationality Act are replaced with “noncitizen,” and the term now applies specifically to those at the border who are not or were not paroled.
Administrative warrants for arrest must detail individualized probable cause, be signed by a supervising DHS officer at least 24 hours before execution, be linked to a notice to appear, and be served on the person at arrest.
Detained noncitizens are entitled to a custody review every 60 days by an immigration judge or district court; DHS must prove by clear and convincing evidence that the person is a flight risk or danger.
DHS officers may arrest without a warrant only if they have probable cause that the person is a noncitizen subject to removal, poses an imminent danger, and is likely to flee; they must submit a sworn statement within 12 hours and face judicial review within 24 hours, with prompt release ordered if probable cause is not established.
The Secretary of Homeland Security can revoke a release, rearrest the individual under the new warrant standards, and detain them again.
Minor formatting and cross‑reference changes are made to align other sections with the new terminology and standards.

Legislative Activity

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1 earlier action

SenateIntro Referral Latest Action

Read twice and referred to the Committee on the Judiciary. (text: CR S5005)

Judiciary Committee

September 24, 2026

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SenateIntro Referral

Introduced in Senate

September 24, 2026

SenateIntro Referral

Read twice and referred to the Committee on the Judiciary. (text: CR S5005)

Judiciary Committee

September 24, 2026

Floor Debate

3 members

What members said about S. 5560 on the floor

3 Democrats

Sen. Alex PadillaD-CA · Sep 24, 2026

Mr. President, I rise to introduce the bipartisan Barriers to Suicide Act. This legislation would establish competitive grants to help State and local governments fund nets and barriers that have…

Mr. President, I rise to introduce the bipartisan Barriers to Suicide Act. This legislation would establish competitive grants to help State and local governments fund nets and barriers that have been shown to reduce suicide on bridges and other high-risk infrastructure.

This bipartisan bill would establish a grant program for States and localities to apply for Federal funding under the National Highway Performance Program to install nets, barriers, and other evidence-based suicide deterrents on bridges, buildings, parking garages, highway-rail grade crossings, and at rail stations.

This bill would also authorize a study to identify the types of structures most commonly used for suicide attempts, types of barriers that are most effective in prevention, and additional strategies to reduce jumping deaths.

The CDC estimated that about 12.8 million people seriously thought about suicide, 3.7 million made a plan, and 1.5 million attempted suicide in 2023. There were over 49,000 deaths from suicide in 2023 and between 2010 and 2020, 11,154 Americans lost their lives through suicide-by-jumping.

Research shows that physical barriers on bridges and high structures can reduce suicide deaths at those sites by up to 90 percent.

States and localities should have access to a grant program that allows them to proactively prevent suicide-by-jumping by building safety nets and barriers on bridges, buildings, parking garages, and at rail stations and highway-rail grade rail crossings, with the goal of preventing suicides.

I would like to thank Senator Tillis for introducing this important legislation with me, and I look forward to working with my colleagues to enact the Barriers to Suicide Act as soon as possible.

Mr. President, I rise to speak in support of the Basic Assistance for Students in College Act or the BASIC Act, which I introduced today.

I know how important it is to help students cover the full cost of attending college, including tuition and fees, housing, food, transportation, books, childcare, healthcare, supplies, and more.

According to the Hope Center for Student Basic Needs, three in five college students experience food and housing insecurity. We also know that rates of basic needs insecurity are much higher for historically marginalized students, including Black, Latino, and indigenous students; parenting students; LGBTQIA+ students; first-generation students; Pell Grant recipients; former foster youth; and justice- involved students.

Our Nation's college students shouldn't have to worry about going hungry or having a roof over their heads. Yet far too many do, and basic needs will be out of reach for millions more students due to the One Big Beautiful Act, which cut food assistance, healthcare coverage, and access to financial aid.

The evidence is clear that addressing students' basic needs prevents students from having to sacrifice their health and well-being in order to succeed in higher education.

That is why I am proud to introduce this bill to authorize $1 billion for a new grant program to help institutions of higher education meet students' basic needs. This funding represents an essential aspect of building more equitable paths to higher education, and it represents an investment in our students, our institutions, and our future. The legislation also helps coordinate assistance across Federal Agency lines.

I want to thank Senator Warren and Representative Torres for introducing this bill with me, and I hope our colleagues will join us in support of this bill that ensures no student is forced to choose between their education and their basic needs.

Mr. President, I rise today to introduce the Ocean Protection and DDT Reduction Act. This bill would direct NOAA, in consultation with EPA and DOD, to study and address the impacts of historical toxic waste dumping, especially dichlorodiphenyltrichloroethane, DDT, and other industrial and military wastes, in the San Pedro Basin off the coast of California.

Dumping of industrial, chemical, and military waste off the Southern California coast occurred from the 1930s until it was banned in 1972 by the Ocean Dumping Act. This included the dumping of DDT, radioactive materials, alkaline and oil waste, and unexploded ordinance and munitions across 14 sites along the coastline from San Diego to Santa Monica.

In addition to the dumping of chemical waste barrels, millions of pounds of DDT and PCBs were discharged through sewer outfall pipes. Roughly 110 tons of DDT ended up in the sediments of the Palos Verdes Shelf, and in 1996, EPA added this 17 square-mile underwater site as a Superfund site.

Recent studies have found tens of thousands of degrading and leaking barrels of DDT and hazardous waste on the ocean floor at a depth of 3,000 ft deep and 8 to 24 miles from the coast of Southern California, posing potential risks to marine life, fisheries, and public health.

New images from 2020 that showed corroded metal barrels with mysterious

``halos'' in the deep ocean off Los Angeles prompted a Scripps study supported by NOAA, which found that these barrels were leaking caustic alkaline waste.

This bill would support important research and coordination on the scope and impacts of the dumped covered waste in the San Pedro Basin and the potential of bioremediation, as well as require a report to Congress after 3 years. The bill would also establish a grant program for academic and research institutions to study the mapping, movement, breakdown, and bioaccumulation of contaminants.

Due to slow degradation, DDT is an ongoing hazard to humans and wildlife, with bioaccumulation found in sea lions, dolphins, bottom- feeding fish, and condors. Supporting further research is crucial to addressing the impacts of the toxic waste dumping.

Sen. Jack ReedD-RI · Sep 24, 2026

Mr. President, it is time for a national investment in building a strong and resilient educator workforce to ensure that all schools have the diverse, profession-ready teachers, principals,…

Mr. President, it is time for a national investment in building a strong and resilient educator workforce to ensure that all schools have the diverse, profession-ready teachers, principals, librarians, counselors, and other specialized instructional support personnel they need to support student development and academic achievement. Today, along with Senators Van Hollen and Wyden, I am introducing the Quality Educator Partnership Act to invest in a national strategy to support the educator workforce now and into the future. I am pleased that Representative Alma Adams is introducing a companion bill in the other body with Representatives Jahana Hayes and Suzanne Bonamici.

We are facing a national crisis in the education profession. A 2024 report from the Annenberg Institute at Brown University found that across multiple measures, regard for the teaching profession is at its lowest levels in 50 years--from prestige to interest in the field to job satisfaction. Since 2010, the decline has accelerate, with perceptions of teacher prestige falling between 20 percent and 47 percent and interest in teaching careers among high school seniors and college freshman declining nearly 50 percent. Between 2006 and 2021, the number of prospective

teachers earning licenses has fallen by over 100,000. We cannot afford to neglect the educator workforce any longer.

History shows that the Nation can rise to this challenge. Following the launch of Sputnik in 1957, Congress enacted the National Defense Education Act of 1958 that invested in math, science, and foreign language instruction and the teaching workforce to deliver it. With the rise of new technologies and artificial intelligence, we need that kind of effort today to ensure American students have professional educators that can teach the skills students will need to thrive in a changing environment. In February, a coalition of education organizations came together with a call to action to change the trajectory of the education profession through Federal leadership and systemic accountability, investing in innovation and sustainability, making the education profession an affordable career path, and advancing research and evidence to guide the future of learning.

The Quality Educator Partnership Act is the legislative plan to answer the call to action. Our legislation calls for a comprehensive national strategy to recruit, prepare, retain, and advance high-quality educators from early childhood through secondary education led by a dedicated Office of Educator Workforce at the U.S. Department of Education. It calls for $500 million annual investment in partnerships between school districts and educator preparation programs to address local workforce needs. It includes $500 million for grants to States to design and implement educator workforce strategies. Our bill creates a new National Educator Service Corps that will cover the cost of tuition and living expenses for prospective teachers who agree to teach in high-need areas. Additionally, the Quality Educator Partnership Act calls for new investments in data collection and accountability to track the state of the educator workforce and equitable access to profession-ready educators. It also calls for new investments in research and development to prepare for the future of teaching.

The Quality Educator Partnership Act reflects input from stakeholders across the field about what is needed to recruit, prepare, and support educators. To date, more than two dozen organizations have endorsed it, including the American Association of Colleges for Teacher Education, American Federation of Teachers, National Education Association, City Teaching Alliance, Center for Reaching and Teaching the Whole Child, International Society for Transforming Education, National Association for School-University Partnerships, National Center for Teacher Residencies, InnovateEDU, National Principals Association, Council for Academic Deans of Research Education Institutions, National Association for Family, School and Community Engagement, Deans for Impact, National Association of Community College Teacher Education Programs, 1890 Universities Foundation, ETS, Thurgood Marshall College Fund, Teacher Education Council of State Colleges and Universities, National Association for Music Education, ACTFL, National Center for Learning Disabilities, AILACTE, AMLE, National Association of Elementary School Principals, National Council of Teachers of English, UNCF, Teach Plus, and American Library Association.

The Nation's outlook for the future is tied to the strength of the education profession. Our economic prosperity, the health of our democracy and civic society, and our ability to meet the challenges of climate change and the information age depend on our students having access to well-prepared and supported educators who reflect the diversity of the students they serve.

Today, the profession is in crisis. It is time to act. I urge my colleagues to cosponsor the Quality Educator Partnership Act and work with me to see that it is enacted into law.

Sen. Richard J. DurbinD-IL · Sep 24, 2026

Mr. President, I ask unanimous consent that the text of the bill be printed in the Record.

Sen. Richard J. DurbinD-IL · Sep 24, 2026

Mr. President, I ask unanimous consent that the text of the bill be printed in the Record.

Bill Text

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Introduced in SenateIssued September 24, 2026

119th CONGRESS

2d Session

S. 5560

IN THE SENATE OF THE UNITED STATES

September 24, 2026

Mr. Durbin (for himself, Mr. Padilla, Mr. King, Ms. Hirono, Mr. Kaine, Mr. Blumenthal, and Mrs. Murray) introduced the following bill; which was read twice and referred to the Committee on the Judiciary

A BILL

To improve fairness and accountability with respect to the arrest and detention of noncitizens.

Short title

This Act may be cited as the Immigration Warrants Reform Act of 2026.

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.

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.

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

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.