```

[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1932 Reported in House (RH)]

                                                 Union Calendar No. 171
112th CONGRESS
  1st Session
                                H. R. 1932

                          [Report No. 112-255]

To amend the Immigration and Nationality Act to provide for extensions 
of detention of certain aliens ordered removed, and for other purposes.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                              May 23, 2011

Mr. Smith of Texas introduced the following bill; which was referred to 
                     the Committee on the Judiciary

                            October 18, 2011

    Additional sponsors: Mr. Ross of Florida, Mr. Rohrabacher, Mr. 
   Bartlett, Mr. Royce, Mr. Miller of Florida, Mr. Westmoreland, Mr. 
    Simpson, Mr. Marchant, Mr. Bachus, Mrs. Myrick, Mr. Coffman of 
Colorado, Mr. Lankford, Ms. Foxx, Mr. Platts, Mr. Woodall, Mr. Gary G. 
 Miller of California, Mr. Forbes, Mr. Mack, Mr. Mulvaney, Mr. Brooks, 
         Mr. Manzullo, Mr. Herger, Mr. Hunter, and Mr. Bilbray

                            October 18, 2011

  Reported with an amendment, committed to the Committee of the Whole 
       House on the State of the Union, and ordered to be printed
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]
[For text of introduced bill, see copy of bill as introduced on May 23, 
                                 2011]

_______________________________________________________________________

                                 A BILL

 
To amend the Immigration and Nationality Act to provide for extensions 
of detention of certain aliens ordered removed, and for other purposes.

 

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Keep Our Communities Safe Act of 
2011''.

SEC. 2. DETENTION OF DANGEROUS ALIENS.

    (a) In General.--Section 241(a) of the Immigration and Nationality 
Act (8 U.S.C. 1231(a)) is amended--
            (1) by striking out ``Attorney General'' each place it 
        appears, except for the first reference in subsection 
        (a)(4)(B)(i), and inserting ``Secretary of Homeland Security'';
            (2) in paragraph (1), by amending subparagraph (B) to read 
        as follows:
                    ``(B) Beginning of period.--The removal period 
                begins on the latest of the following:
                            ``(i) The date the order of removal becomes 
                        administratively final.
                            ``(ii) If the alien is not in the custody 
                        of the Secretary on the date the order of 
                        removal becomes administratively final, the 
                        date the alien is taken into such custody.
                            ``(iii) If the alien is detained or 
                        confined (except under an immigration process) 
                        on the date the order of removal becomes 
                        administratively final, the date the alien is 
                        taken into the custody of the Secretary, after 
                        the alien is released from such detention or 
                        confinement.'';
            (3) in paragraph (1), by amending subparagraph (C) to read 
        as follows:
                    ``(C) Suspension of period.--
                            ``(i) Extension.--The removal period shall 
                        be extended beyond a period of 90 days and the 
                        alien may remain 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; or
                                    ``(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.
                            ``(ii) Renewal.--If the removal period has 
                        been extended under clause (C)(i), a new 
                        removal period shall be deemed to have begun on 
                        the date--
                                    ``(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.'';
            (4) in paragraph (3)--
                    (A) by adding after ``If the alien does not leave 
                or is not removed within the removal period'' the 
                following: ``or is not detained pursuant to paragraph 
                (6) of this subsection''; and
                    (B) by striking subparagraph (D) and inserting the 
                following:
                    ``(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.'';
            (5) in paragraph (4)(A), by striking ``paragraph (2)'' and 
        inserting ``subparagraph (B)'';
            (6) by striking paragraph (6) and inserting the following:
            ``(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 discretion, may continue to detain 
                        an alien for 90 days beyond the removal period 
                        (including any extension of the removal period 
                        as provided in paragraph (1)(C)).
                            ``(ii) Specific circumstances.--The 
                        Secretary of Homeland Security, in the exercise 
                        of the Secretary's discretion, may continue to 
                        detain an alien beyond the 90 days authorized 
                        in clause (i)--
                                    ``(I) until the alien is removed, 
                                if the Secretary 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, 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 
                                        either (AA) the alien has been 
                                        convicted of one or more 
                                        aggravated felonies (as defined 
                                        in section 101(a)(43)(A)) or of 
                                        one or more crimes identified 
                                        by the Secretary of Homeland 
                                        Security by regulation, or of 
                                        one 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 one 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
                                            ``(ee) 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 
                                        the alien has been convicted of 
                                        at least one aggravated felony 
                                        (as defined in section 
                                        101(a)(43)); or
                                    ``(III) pending a certification 
                                under subclause (II), so long as 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, as provided in paragraph 
                                (1)(C)).
                    ``(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 
                        (ee) 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 in 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 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.''; and
            (7) by inserting after paragraph (7) the following:
            ``(8) Judicial review.--Without regard to the place of 
        confinement, judicial review of any action or decision pursuant 
        to this section shall be available exclusively in habeas corpus 
        proceedings instituted in the United States District Court for 
        the District of Columbia, and only if the alien has exhausted 
        all administrative remedies (statutory and regulatory) 
        available to the alien as of right.''.
    (b) Detention of Aliens During Removal Proceedings.--
            (1) Clerical amendment.--(A) Sections 235 and 236 of the 
        Immigration and Nationality Act (8 U.S.C. 1225 and 1226) are 
        amended by striking ``Attorney General'' each place it appears 
        (except in the second place that term appears in section 
        236(a)) and inserting ``Secretary of Homeland Security''.
            (B) Section 236(a) of the Immigration and Nationality Act 
        (8 U.S.C. 1226(a)) is amended by inserting ``the Secretary of 
        Homeland Security or'' before ``the Attorney General--''.
            (C) Section 236(e) of the Immigration and Nationality Act 
        (8 U.S.C. 1226(e)) is amended by striking ``Attorney 
        General's'' and inserting ``Secretary of Homeland Security's''.
            (2) Length of detention of certain aliens; venue for 
        certain actions.--Section 235 of the Immigration and 
        Nationality Act (8 U.S.C. 1225) is amended by adding at the end 
        the following:
    ``(e) Length of Detention.--
            ``(1) Notwithstanding any other provision of this section, 
        an alien may be detained under this section, without 
        limitation, until the alien is subject to an final order of 
        removal.
            ``(2) The length of detention under this section shall not 
        affect any detention under section 241.
    ``(f) Judicial Review.--Without regard to the place of confinement, 
judicial review of any action or decision made pursuant to subsection 
(e) shall be available exclusively in a habeas corpus proceeding 
instituted in the United States District Court for the District of 
Columbia and only if the alien has exhausted all administrative 
remedies (statutory and nonstatutory) available to the alien as of 
right.''.
            (3) Venue for certain actions seeking judicial review of 
        length of detention.--Section 236(e) of the Immigration and 
        Nationality Act (8 U.S.C. 1226(e)) is amended by adding the 
        following at the end: ``Without regard to the place of 
        confinement, judicial review of any action or decision made 
        pursuant to subsection (f) shall be available exclusively in a 
        habeas corpus proceeding instituted in the United States 
        District Court for the District of Columbia and only if the 
        alien has exhausted all administrative remedies (statutory and 
        nonstatutory) available to the alien as of right.''.
            (4) Length of detention.--Section 236 of the Immigration 
        and Nationality Act (8 U.S.C. 1226) is amended by adding at the 
        end the following subsection:
    ``(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, 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.''.
            (5) Detention of criminal aliens.--Section 236(c)(1) of the 
        Immigration and Nationality Act (8 U.S.C. 1226(c)(1)) is 
        amended, in the matter following subparagraph (D) to read as 
        follows:
        ``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.''.
            (6) Administrative review.--Section 236 of the Immigration 
        and Nationality Act (8 U.S.C. 1226) is amended by adding at the 
        end the following subsection:
    ``(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) Arriving aliens in removal proceedings, 
                including aliens paroled after arrival pursuant to 
                section 212(d)(5).
                    ``(C) Aliens described in sections 212(a)(3) and 
                237(a)(4).
                    ``(D) Aliens described in section 236(c).
                    ``(E) 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.''.
            (7) Clerical amendments.--(A) Section 236(a)(2)(B) of the 
        Immigration and Nationality Act (8 U.S.C. 1226(a)(2)(B)) is 
        amended by striking out ``conditional parole'' and inserting in 
        lieu thereof ``recognizance''.
            (B) Section 236(b) of the Immigration and Nationality Act 
        (8 U.S.C. 1226(b)) is amended by striking ``parole'' and 
        inserting ``recognizance''.
    (c) Severability.--If any of the provisions of this Act or any 
amendment by this Act, or the application of any such provision to any 
person or circumstance, is held to be invalid for any reason, the 
remainder of this Act and of amendments made by this Act, and the 
application of the provisions and of the amendments made by this Act to 
any other person or circumstance shall not be affected by such holding.
    (d) Effective Dates.--
            (1) The amendments made by subsection (a) shall take effect 
        upon the date of enactment of this Act, and section 241 of the 
        Immigration and Nationality Act, as so amended, shall in 
        addition 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 enactment of 
                this Act; and
                    (B) acts and conditions occurring or existing 
                before, on, or after the date of enactment of this Act.
            (2) The amendments made by subsection (b) shall take effect 
        upon the date of enactment of this Act, and sections 235 and 
        236 of the Immigration and Nationality Act, as so amended, 
        shall in addition apply to any alien in detention under 
        provisions of such sections on or after the date of enactment 
        of this Act.

SEC. 3. SENSE OF THE CONGRESS.

    It is the sense of the Congress that--
            (1) this Act should ensure that Constitutional rights are 
        upheld and protected; and
            (2) it is the intention of the Congress to uphold the 
        Constitutional principles of due process and that due process 
        of the law is a right afforded to everyone in the United 
        States.
                                                 Union Calendar No. 171

112th CONGRESS

  1st Session

                               H. R. 1932

                          [Report No. 112-255]

_______________________________________________________________________

                                 A BILL

To amend the Immigration and Nationality Act to provide for extensions 
of detention of certain aliens ordered removed, and for other purposes.

_______________________________________________________________________

                            October 18, 2011

  Reported with an amendment, committed to the Committee of the Whole 
       House on the State of the Union, and ordered to be printed
```