II 

118TH CONGRESS 

2D SESSION S. 4364 

To modify the Alternatives to Detention program, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

MAY 16, 2024 

Mr. HAGERTY (for himself, Mr. MARSHALL, Mr. SCOTT of Florida, Mr. 

DAINES, Mr. CRUZ, Mrs. BLACKBURN, and Mr. VANCE) introduced the 

following bill; which was read twice and referred to the Committee on the 

Judiciary 

A BILL 

To modify the Alternatives to Detention program, and for 

other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Reshape Alternatives 

5 to Detention Act of 2024’’. 

6 SEC. 2. DEFINITIONS. 

7 In this Act: 

8 (1) IN GENERAL.—Any term used in this Act 

9 that is used in the Immigration and Nationality Act 

10 (8 U.S.C. 1101 et seq.) shall have the meaning given 


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1 such term in section 101(a) of that Act (8 U.S.C. 

2 1101(a)). 

3 (2) SECRETARY.—The term ‘‘Secretary’’ means 

4 the Secretary of Homeland Security. 

5 SEC. 3. TERMINATION OF CERTAIN ALTERNATIVES TO DE6 TENTION. 

7 (a) IN GENERAL.—Beginning on the date of the en8 actment of this Act, the Secretary shall terminate each 

9 of the following programs carried out as part of the Alter10 natives to Detention program of the Department of Home11 land Security: 

12 (1) The Case Management Pilot program. 

13 (2) The Young Adult Case Management pro14 gram. 

15 (b) NO SIMILAR PROGRAMS.—In the case of a pro16 gram referred to in paragraph (1) or (2) of subsection 

17 (a)— 

18 (1) no substantially similar program may be es19 tablished or carried out; and 

20 (2) no funds may be made available for such a 

21 program. 

22 (c) REPROGRAMMING OF FUNDS.—Any amount made 

23 available in advance in an appropriations Act for a pro24 gram referred to in paragraph (1) or (2) of subsection (a) 

25 shall be made available to the Secretary to increase the 


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1 number of detention beds at immigration detention facili2 ties. 

3 (d) PLACEMENT IN DETENTION.—The Secretary 

4 shall take such steps as may be necessary to promptly de5 tain each individual who has been released into the United 

6 States as part of a program referred to in paragraph (1) 

7 or (2) of subsection (a). 

8 SEC. 4. LIMITATION ON PARTICIPATION IN ALTERNATIVES 

9 TO DETENTION. 

10 No alien may be released as part of any program 

11 under the Alternatives to Detention program unless all de12 tention beds available to the Secretary have been filled. 

13 SEC. 5. CLARIFICATION OF U.S. IMMIGRATION AND CUS14 TOMS ENFORCEMENT AUTHORITY OVER CER15 TAIN ALIENS. 

16 Nothing in this Act or any other Act may be con17 strued to impose a limitation on the authority of U.S. Im18 migration and Customs Enforcement over an alien who 

19 is a participant in a program under the Alternatives to 

20 Detention program, including with respect to an action of 

21 the Office for Civil Rights and Civil Liberties of the De22 partment of Homeland Security. 


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1 SEC. 6. GPS TRACKING OF CERTAIN ALIENS. 

2 Each alien on the nondetained docket of an immigra3 tion court shall be enrolled in the Alternatives to Deten4 tion program, with mandatory GPS monitoring— 

5 (1) for the duration of all applicable immigra6 tion proceedings, including any appeal; and 

7 (2) in the case of an alien who is ordered re8 moved from the United States, until removal. 

9 SEC. 7. MANDATORY INCLUSION OF CERTAIN ALIENS IN 

10 THE FAMILY EXPEDITED REMOVAL MANAGE11 MENT PROGRAM. 

12 (a) IN GENERAL.—An alien described in subsection 

13 (b) shall be required to participate in the Family Expe14 dited Removal Management program. 

15 (b) ALIEN DESCRIBED.—An alien described in this 

16 subsection is— 

17 (1) an alien who, as a member of a family 

18 unit— 

19 (A) entered or attempted to enter the 

20 United States at any time or place other than 

21 as designated by an immigration officer; 

22 (B) eluded examination or inspection by an 

23 immigration officer; or 

24 (C) attempted to enter, or obtained entry 

25 to the United States, by a false or misleading 


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1 representation or the concealment of a material 

2 fact; and 

3 (2) an alien who is a member of such family 

4 unit. 

5 SEC. 8. NOTICE OF VIOLATION. 

6 On each occasion on which an alien participating in 

7 the Alternatives to Detention program violates a condition 

8 of such participation and, as a result of such violation, 

9 becomes eligible for detention, the Secretary shall imme10 diately— 

11 (1) publish notice of such alien’s eligibility for 

12 detention on the website of the Department of 

13 Homeland Security; and 

14 (2) transmit such notice to all relevant law en15 forcement agencies in the vicinity of the alien’s last 

16 known whereabouts. 

17 SEC. 9. EFFECT OF RESIDENCE IN, RELOCATION TO, SANC18 TUARY JURISDICTION. 

19 (a) IN GENERAL.—An alien shall be ineligible to par20 ticipate in the Alternatives to Detention program if the 

21 alien resides or seeks to reside in a location described in 

22 subsection (c). 

23 (b) CHANGE OF RESIDENCE.—The Secretary shall 

24 immediately detain an alien who, without notifying the 


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1 Secretary, changes residence to a location described in 

2 subsection (c). 

3 (c) LOCATION DESCRIBED.—A location described in 

4 this subsection is a State or political subdivision of a State 

5 that has in effect a law, ordinance, policy, or practice that 

6 prohibits or restricts any government entity or official 

7 from— 

8 (1) sending, receiving, maintaining, or exchang9 ing with any Federal, State, or local government en10 tity information regarding the citizenship or immi11 gration status (lawful or unlawful) of any individual; 

12 or 

13 (2) complying with a request lawfully made by 

14 the Secretary under section 236 or 287 of the Immi15 gration and Nationality Act (8 U.S.C. 1226 or 

16 1357) to comply with a detainer for, or notify of the 

17 release of, an alien. 

18 SEC. 10. CHECK-IN REQUIRED FOR PARTICIPANTS IN IN19 TENSIVE SUPERVISION APPEARANCE PRO20 GRAM. 

21 (a) IN GENERAL.—Not later than 45 days after the 

22 date of the enactment of this Act, the Secretary shall— 

23 (1) require each covered alien— 


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1 (A) to participate in the Intensive Super2 vision Appearance Program, which shall in3 clude— 

4 (i) GPS monitoring, including through 

5 use of ankle-worn GPS and wrist-worn 

6 GPS; 

7 (ii) telephonic reporting, including re8 porting by voice recognition; and 

9 (iii) home visits; and 

10 (B) to check in with the Secretary not 

11 later than 14 days after the issuance of the no12 tice required by paragraph (2); and 

13 (2) in a manner the Secretary considers appro14 priate, issue to each covered alien a notice of such 

15 requirements. 

16 (b) PENALTY.— 

17 (1) IN GENERAL.—Notwithstanding any other 

18 provision of law, if a covered alien fails to check in 

19 with the Secretary as required by subsection (a), the 

20 Secretary shall— 

21 (A) revoke the bond or parole under sec22 tion 236(a) of the Immigration and Nationality 

23 Act (8 U.S.C. 1226(a)), pursuant to which the 

24 alien was originally released and eligible for 


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1 participation in the Intensive Supervision Ap2 pearance Program; 

3 (B) re-arrest the alien under the original 

4 warrant; and 

5 (C) detain the alien. 

6 (2) REMOVAL PROCEEDINGS.— 

7 (A) IN GENERAL.—The applicable immi8 gration judge shall advance on the docket of the 

9 immigration court, and expedite to the greatest 

10 extent possible, the disposition of the removal 

11 proceedings of an alien who is re-arrested and 

12 detained under paragraph (1). 

13 (B) REMOVAL ORDER.—If the immigration 

14 judge determines that such alien is subject to 

15 removal from the United States, the immigra16 tion judge shall enter an administrative order of 

17 removal. 

18 (C) APPEALS.— 

19 (i) IN GENERAL.—Not later than 7 

20 days after the date on which an immigra21 tion judge enters an administrative order 

22 of removal under subparagraph (B), an 

23 alien may appeal such order to the Board 

24 of Immigration Appeals. 


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1 (ii) HEARING.—Not later than 7 days 

2 after an appeal under clause (i) is filed, 

3 the Board of Immigration Appeals shall 

4 conduct a hearing on the appeal. 

5 (iii) DECISION.—Not later than 7 

6 days after the date on which a hearing is 

7 conducted under clause (ii), the Board of 

8 Immigration Appeals shall issue a decision. 

9 (iv) REMOVAL.—If the Board of Im10 migration Appeals issues a final adminis11 trative order of removal, the alien con12 cerned shall be removed from the United 

13 States not later than 7 days after the date 

14 on which such order of removal is issued. 

15 (c) REPORT.—Not later than 120 days after the date 

16 of the enactment of this Act, the Secretary shall submit 

17 to Congress a report on the number and percentage of 

18 covered aliens who have checked in with the Secretary as 

19 required under subsection (a). 

20 (d) COVERED ALIEN DEFINED.—In this section, the 

21 term ‘‘covered alien’’ means an alien who is present in the 

22 United States and enrolled in the Intensive Supervision 

23 Appearance Program on the date of the enactment of this 

24 Act. 


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1 SEC. 11. REQUIREMENT TO SUBMIT BIOMETRIC INFORMA2 TION. 

3 (a) IN GENERAL.—The Secretary shall require an 

4 alien arriving in the United States to submit biometric in5 formation to the Secretary as a condition of eligibility for 

6 participation in the Alternatives to Detention program. 

7 (b) INTEROPERABILITY AND INFORMATION MATCH8 ING.—The Secretary shall ensure, to the extent prac9 ticable, that any biometric information collected pursuant 

10 to subsection (a) is stored in a manner that is interoper11 able with, and allows matching against, other Federal, 

12 State, and local law enforcement databases that store bio13 metric information of known or suspected terrorists or 

14 identify visa holders who violate the terms of their visas. 

15 SEC. 12. RULE OF CONSTRUCTION. 

16 Nothing in this Act may be construed to absolve the 

17 Secretary of the duty to detain and remove aliens con18 sistent with the Immigration and Nationality Act (8 

19 U.S.C. 1101 et seq.). 

Æ 


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