II 

118TH CONGRESS 

1ST SESSION S. 333 

To amend the Immigration and Nationality Act to provide for extensions 

of detention of certain aliens ordered removed, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

FEBRUARY 9, 2023 

Mrs. BRITT (for herself, Mr. BARRASSO, Mr. BRAUN, Mr. CASSIDY, Mr. COTTON, Mr. CRAMER, Mr. CRAPO, Mr. CRUZ, Mrs. FISCHER, Mr. GRASSLEY, Mr. HOEVEN, Mrs. HYDE-SMITH, Mr. MULLIN, Mr. RISCH, Mr. 

ROUNDS, Mr. RUBIO, Mr. SCHMITT, Mr. THUNE, Mr. TILLIS, Mr. 

TUBERVILLE, and Mr. BOOZMAN) introduced the following bill; which was 

read twice and referred to the Committee on the Judiciary 

A BILL 

To amend the Immigration and Nationality Act to provide 

for extensions of detention of certain aliens ordered removed, 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 ‘‘Keep Our Commu5 nities Safe Act of 2023’’. 

6 SEC. 2. SENSE OF CONGRESS. 

7 It is the sense of Congress that— 


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1 (1) rights guaranteed by the Constitution of the 

2 United States should be upheld and protected; 

3 (2) Congress intends to uphold the constitu4 tional principle of due process of law; and 

5 (3) due process of law is a right afforded to 

6 every person in the United States. 

7 SEC. 3. DETENTION OF DANGEROUS ALIENS DURING RE8 MOVAL PROCEEDINGS. 

9 Section 236 of the Immigration and Nationality Act 

10 (8 U.S.C. 1226) is amended— 

11 (1) by striking ‘‘Attorney General’’ each place 

12 such term appears and inserting ‘‘Secretary of 

13 Homeland Security’’; 

14 (2) in subsection (a)— 

15 (A) in the matter preceding paragraph (1), 

16 by inserting ‘‘or the Attorney General’’ before 

17 the em dash; 

18 (B) in paragraph (1), by striking ‘‘and’’ at 

19 the end; and 

20 (C) in paragraph (2)(B), by striking ‘‘con21 ditional parole; but’’ and inserting ‘‘recog22 nizance; and’’; 

23 (3) in subsection (b)— 


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1 (A) in the subsection heading, by striking 

2 ‘‘PAROLE’’ and inserting ‘‘RECOGNIZANCE’’; 

3 and 

4 (B) by striking ‘‘parole’’ and inserting ‘‘re5 cognizance’’; 

6 (4) in subsection (c)(1), by striking the undes7 ignated matter following subparagraph (D) and in8 serting the following: 

9 ‘‘any time after the alien is released, without regard 

10 to whether an alien is released related to any activ11 ity, offense, or conviction described in this para12 graph; to whether the alien is released on parole, su13 pervised release, or probation; or to whether the 

14 alien may be arrested or imprisoned again for the 

15 same offense. If the activity described in this para16 graph does not result in the alien being taken into 

17 custody by any person other than the Secretary, 

18 when the alien is brought to the attention of the 

19 Secretary or when the Secretary determines it is 

20 practical to take such alien into custody, the Sec21 retary shall take such alien into custody.’’; 

22 (5) in subsection (e), by striking ‘‘Attorney 

23 General’s’’ and inserting ‘‘Secretary of Homeland 

24 Security’s’’; and 

25 (6) by adding at the end the following: 


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1 ‘‘(f) LENGTH OF DETENTION.—Notwithstanding any 

2 other provision under this section, an alien may be de3 tained under this section for any period, without limita4 tion, except as provided in subsection (h), until the alien 

5 is subject to a final order of removal. The length of deten6 tion under this section shall not affect a detention under 

7 section 241. 

8 ‘‘(g) ADMINISTRATIVE REVIEW.— 

9 ‘‘(1) LIMITATION.—The Attorney General’s re10 view of the Secretary of Homeland Security’s cus11 tody determinations under subsection (a) shall be 

12 limited to whether the alien may be detained, re13 leased on bond (of at least $1,500 with security ap14 proved by the Secretary), or released with no bond. 

15 Any review involving an alien described in paragraph 

16 (2)(D) shall be limited to a determination of whether 

17 the alien is properly included in such category. 

18 ‘‘(2) CLASSES OF ALIENS.—The Attorney Gen19 eral shall review the Secretary’s custody determina20 tions for— 

21 ‘‘(A) aliens in exclusion proceedings; 

22 ‘‘(B) aliens described in section 212(a)(3) 

23 or 237(a)(4); 

24 ‘‘(C) aliens described in subsection (c); and 


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1 ‘‘(D) aliens in deportation proceedings 

2 under section 242(a)(2) (as in effect between 

3 April 24, 1996, and April 1, 1997). 

4 ‘‘(h) RELEASE ON BOND.— 

5 ‘‘(1) IN GENERAL.—An alien detained pursuant 

6 to subsection (a) may seek release on bond. No bond 

7 may be granted under this subsection unless the 

8 alien establishes, by clear and convincing evidence, 

9 that the alien is not a flight risk or a risk to another 

10 person or the community. 

11 ‘‘(2) CERTAIN ALIENS INELIGIBLE.—No alien 

12 detained pursuant to subsection (c) may seek release 

13 on bond under this subsection.’’. 

14 SEC. 4. ALIENS ORDERED REMOVED. 

15 Section 241(a) of the Immigration and Nationality 

16 Act (8 U.S.C. 1231(a)) is amended— 

17 (1) by striking ‘‘Attorney General’’ each place 

18 such term appears (except for the first place it ap19 pears in paragraph (4)(B)(i)) and inserting ‘‘Sec20 retary of Homeland Security’’; 

21 (2) in paragraph (1)— 

22 (A) by striking subparagraphs (B) and (C) 

23 and inserting the following: 

24 ‘‘(B) BEGINNING OF PERIOD.—The re25 moval period begins on the latest of— 


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1 ‘‘(i) the date on which the order of re2 moval becomes administratively final; 

3 ‘‘(ii) the date on which the alien is 

4 taken into such custody if the alien is not 

5 in the custody of the Secretary on the date 

6 on which the order of removal becomes ad7 ministratively final; and 

8 ‘‘(iii) the date on which the alien is 

9 taken into the custody of the Secretary 

10 after the alien is released from detention 

11 or confinement if the alien is detained or 

12 confined (except for an immigration proc13 ess) on the date on which the order of re14 moval becomes administratively final. 

15 ‘‘(C) SUSPENSION OF PERIOD.— 

16 ‘‘(i) EXTENSION.—The removal period 

17 shall be extended beyond 90 days and the 

18 Secretary may, in the Secretary’s sole dis19 cretion, keep the alien in detention during 

20 such extended period, if— 

21 ‘‘(I) the alien fails or refuses to 

22 make all reasonable efforts to comply 

23 with the removal order, or to fully co24 operate with the Secretary’s efforts to 

25 establish the alien’s identity and carry 


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1 out the removal order, including mak2 ing timely application in good faith 

3 for travel or other documents nec4 essary to the alien’s departure or con5 spires or acts to prevent the alien’s 

6 removal that is subject to an order of 

7 removal; 

8 ‘‘(II) a court, the Board of Immi9 gration Appeals, or an immigration 

10 judge orders a stay of removal of an 

11 alien who is subject to an administra12 tively final order of removal; 

13 ‘‘(III) the Secretary transfers 

14 custody of the alien pursuant to law 

15 to another Federal agency or a State 

16 or local government agency in connec17 tion with the official duties of such 

18 agency; or 

19 ‘‘(IV) a court or the Board of 

20 Immigration Appeals orders a remand 

21 to an immigration judge or the Board 

22 of Immigration Appeals, during the 

23 time period when the case is pending 

24 a decision on remand (with the re25 moval period beginning anew on the 


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1 date that the alien is ordered removed 

2 on remand). 

3 ‘‘(ii) RENEWAL.—If the removal pe4 riod has been extended under clause (i), a 

5 new removal period shall be deemed to 

6 have begun on the date on which— 

7 ‘‘(I) the alien makes all reason8 able efforts to comply with the re9 moval order, or to fully cooperate with 

10 the Secretary’s efforts to establish the 

11 alien’s identity and carry out the re12 moval order; 

13 ‘‘(II) the stay of removal is no 

14 longer in effect; or 

15 ‘‘(III) the alien is returned to the 

16 custody of the Secretary. 

17 ‘‘(iii) MANDATORY DETENTION FOR

18 CERTAIN ALIENS.—The Secretary shall 

19 keep an alien described in subparagraphs 

20 (A) through (D) of section 236(c)(1) in de21 tention during the extended period de22 scribed in clause (i). 

23 ‘‘(iv) SOLE FORM OF RELIEF.—An 

24 alien may only seek relief from detention 

25 under this subparagraph by filing an appliVerDate Sep 11 2014 06:48 Feb 22, 2023 Jkt 039200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S333.IS S333

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1 cation for a writ of habeas corpus in ac2 cordance with chapter 153 of title 28, 

3 United States Code. No alien whose period 

4 of detention is extended under this sub5 paragraph shall have the right to seek re6 lease on bond.’’; 

7 (3) in paragraph (3)— 

8 (A) in the matter preceding subparagraph 

9 (A), by inserting ‘‘or is not detained pursuant 

10 to paragraph (6)’’ after ‘‘the removal period’’; 

11 and 

12 (B) by amending subparagraph (D) to 

13 read as follows: 

14 ‘‘(D) to obey reasonable restrictions on the 

15 alien’s conduct or activities that the Secretary 

16 prescribes for the alien— 

17 ‘‘(i) to prevent the alien from ab18 sconding; 

19 ‘‘(ii) for the protection of the commu20 nity; or 

21 ‘‘(iii) for other purposes related to the 

22 enforcement of Federal immigration 

23 laws.’’; 

24 (4) in paragraph (4)(A), by striking ‘‘paragraph 

25 (2)’’ and inserting ‘‘subparagraph (B)’’; and 


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1 (5) by amending paragraph (6) to read as fol2 lows: 

3 ‘‘(6) ADDITIONAL RULES FOR DETENTION OR

4 RELEASE OF CERTAIN ALIENS.— 

5 ‘‘(A) DETENTION REVIEW PROCESS FOR

6 COOPERATIVE ALIENS ESTABLISHED.— 

7 ‘‘(i) IN GENERAL.—The Secretary of 

8 Homeland Security shall establish an ad9 ministrative review process to determine 

10 whether an alien who is not otherwise sub11 ject to mandatory detention, who has made 

12 all reasonable efforts to comply with a re13 moval order and to cooperate fully with the 

14 Secretary’s efforts to establish the alien’s 

15 identity and carry out the removal order, 

16 including making timely application in 

17 good faith for travel or other documents 

18 necessary to the alien’s departure, and who 

19 has not conspired or acted to prevent re20 moval should be detained or released on 

21 conditions. 

22 ‘‘(ii) DETERMINATION.—The Sec23 retary of Homeland Security shall make a 

24 determination whether to release an alien 


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1 after the removal period in accordance with 

2 subparagraph (B), which— 

3 ‘‘(I) shall include consideration of 

4 any evidence submitted by the alien; 

5 and 

6 ‘‘(II) may include consideration 

7 of any other evidence, including— 

8 ‘‘(aa) any information or as9 sistance provided by the Sec10 retary of State or other Federal 

11 official; and 

12 ‘‘(bb) any other information 

13 available to the Secretary of 

14 Homeland Security pertaining to 

15 the ability to remove the alien. 

16 ‘‘(B) AUTHORITY TO DETAIN BEYOND RE17 MOVAL PERIOD.— 

18 ‘‘(i) IN GENERAL.—The Secretary of 

19 Homeland Security may continue to detain 

20 an alien for 90 days beyond the removal 

21 period (including any extension of the re22 moval period under paragraph (1)(C)). An 

23 alien whose detention is extended under 

24 this subparagraph shall not have the right 

25 to seek release on bond. 


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1 ‘‘(ii) SPECIFIC CIRCUMSTANCES.—The 

2 Secretary of Homeland Security may con3 tinue to detain an alien beyond the 90 

4 days authorized under clause (i)— 

5 ‘‘(I) until the alien is removed, if 

6 the Secretary determines that there is 

7 a significant likelihood that the 

8 alien— 

9 ‘‘(aa) will be removed in the 

10 reasonably foreseeable future; 

11 ‘‘(bb) would be removed in 

12 the reasonably foreseeable future; 

13 or 

14 ‘‘(cc) would have been re15 moved if the alien had not— 

16 ‘‘(AA) failed or refused 

17 to make all reasonable ef18 forts to comply with the re19 moval order; 

20 ‘‘(BB) failed or refused 

21 to cooperate fully with the 

22 Secretary’s efforts to estab23 lish the alien’s identity and 

24 carry out the removal order, 

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1 plication in good faith for 

2 travel or other documents 

3 necessary to the alien’s de4 parture; or 

5 ‘‘(CC) conspired or 

6 acted to prevent removal; 

7 ‘‘(II) until the alien is removed, 

8 if the Secretary of Homeland Security 

9 certifies in writing— 

10 ‘‘(aa) in consultation with 

11 the Secretary of Health and 

12 Human Services, that the alien 

13 has a highly contagious disease 

14 that poses a threat to public safe15 ty; 

16 ‘‘(bb) after receipt of a writ17 ten recommendation from the 

18 Secretary of State, that release 

19 of the alien is likely to have seri20 ous adverse foreign policy con21 sequences for the United States; 

22 ‘‘(cc) based on information 

23 available to the Secretary of 

24 Homeland Security (including 

25 classified, sensitive, or national 


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1 security information, and without 

2 regard to the grounds upon 

3 which the alien was ordered re4 moved), that there is reason to 

5 believe that the release of the 

6 alien would threaten the national 

7 security of the United States; 

8 ‘‘(dd) that the release of the 

9 alien will threaten the safety of 

10 the community or any person, 

11 conditions of release cannot rea12 sonably be expected to ensure the 

13 safety of the community or of 

14 any person; 

15 ‘‘(ee) the alien has been con16 victed of 1 or more aggravated 

17 felonies (as defined in section 

18 101(a)(43)(A)) or of 1 or more 

19 crimes identified by the Secretary 

20 of Homeland Security by regula21 tion, or of 1 or more attempts or 

22 conspiracies to commit any such 

23 aggravated felonies or such iden24 tified crimes, if the aggregate 

25 term of imprisonment for such 


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1 attempts or conspiracies is at 

2 least 5 years; or 

3 ‘‘(ff) the alien has com4 mitted 1 or more crimes of vio5 lence (as defined in section 16 of 

6 title 18, United States Code, but 

7 not including a purely political 

8 offense) and, because of a mental 

9 condition or personality disorder 

10 and behavior associated with that 

11 condition or disorder, the alien is 

12 likely to engage in acts of vio13 lence in the future; or 

14 ‘‘(III) pending a certification 

15 under subclause (II), if the Secretary 

16 of Homeland Security has initiated 

17 the administrative review process not 

18 later than 30 days after the expiration 

19 of the removal period (including any 

20 extension of the removal period under 

21 paragraph (1)(C)). 

22 ‘‘(iii) NO RIGHT TO BOND HEARING.— 

23 An alien whose detention is extended under 

24 this subparagraph shall not have a right to 


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1 seek release on bond, including by reason 

2 of a certification under clause (ii)(II). 

3 ‘‘(C) RENEWAL AND DELEGATION OF CER4 TIFICATION.— 

5 ‘‘(i) RENEWAL.—The Secretary of 

6 Homeland Security may renew a certifi7 cation under subparagraph (B)(ii)(II) 

8 every 6 months after providing an oppor9 tunity for the alien to request reconsider10 ation of the certification and to submit 

11 documents or other evidence in support of 

12 that request. If the Secretary does not 

13 renew a certification, the Secretary may 

14 not continue to detain the alien under sub15 paragraph (B)(ii)(II). 

16 ‘‘(ii) DELEGATION.—Notwithstanding 

17 section 103, the Secretary of Homeland 

18 Security may not delegate the authority to 

19 make or renew a certification described in 

20 item (bb), (cc), or (dd) of subparagraph 

21 (B)(ii)(II) below the level of the Assistant 

22 Secretary for Immigration and Customs 

23 Enforcement. 

24 ‘‘(iii) HEARING.—The Secretary of 

25 Homeland Security may request that the 


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1 Attorney General or the Attorney General’s 

2 designee provide for a hearing to make the 

3 determination described in subparagraph 

4 (B)(ii)(II)(dd)(BB). 

5 ‘‘(D) RELEASE ON CONDITIONS.—If it is 

6 determined that an alien should be released 

7 from detention by a Federal court, the Board of 

8 Immigration Appeals, or if an immigration 

9 judge orders a stay of removal, the Secretary of 

10 Homeland Security may impose conditions on 

11 release as provided under paragraph (3). 

12 ‘‘(E) REDETENTION.— 

13 ‘‘(i) IN GENERAL.—The Secretary of 

14 Homeland Security, without any limita15 tions other than those specified in this sec16 tion, may detain any alien subject to a 

17 final removal order who is released from 

18 custody if— 

19 ‘‘(I) removal becomes likely in 

20 the reasonably foreseeable future; 

21 ‘‘(II) the alien fails to comply 

22 with the conditions of release or to 

23 continue to satisfy the conditions de24 scribed in subparagraph (A); or 


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1 ‘‘(III) upon reconsideration, the 

2 Secretary determines that the alien 

3 can be detained under subparagraph 

4 (B). 

5 ‘‘(ii) APPLICABILITY.—This section 

6 shall apply to any alien returned to cus7 tody pursuant to this subparagraph as if 

8 the removal period terminated on the day 

9 of the redetention. 

10 ‘‘(F) REVIEW OF DETERMINATIONS BY

11 SECRETARY.—A determination by the Secretary 

12 under this paragraph shall not be subject to re13 view by any other agency.’’. 

14 SEC. 5. CRIME OF VIOLENCE DEFINED. 

15 Section 16(b) of title 18, United States Code, is 

16 amended— 

17 (1) by striking ‘‘by its nature, involves’’ and in18 serting ‘‘based on the facts of the offense, involved’’; 

19 and 

20 (2) by striking ‘‘may be used’’ and inserting 

21 ‘‘may have been used’’. 

22 SEC. 6. SEVERABILITY. 

23 If any of the provisions of this Act, any amendment 

24 made by this Act, or the application of any such provision 

25 to any person or circumstance, is held to be invalid for 


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1 any reason, the remainder of this Act, the amendments 

2 made by this Act, and the application of the provisions 

3 and amendments made by this Act to any other person 

4 or circumstance shall not be affected by such holding. 

5 SEC. 7. EFFECTIVE DATES. 

6 (a) APPREHENSION AND DETENTION OF ALIENS.— 

7 The amendments made by section 3 shall take effect on 

8 the date of the enactment of this Act. Section 236 of the 

9 Immigration and Nationality Act, as amended by section 

10 3, shall apply to any alien in detention under the provi11 sions of such section on or after such date of enactment. 

12 (b) ALIENS ORDERED REMOVED.—The amendments 

13 made by section 4 shall take effect on the date of the en14 actment of this Act. Section 241 of the Immigration and 

15 Nationality Act, as amended by section 4, shall apply to— 

16 (1) all aliens subject to a final administrative 

17 removal, deportation, or exclusion order that was 

18 issued before, on, or after the date of the enactment 

19 of this Act; and 

20 (2) acts and conditions occurring or existing be21 fore, on, or after such date of enactment. 

Æ 


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