I 

112TH CONGRESS 

1ST SESSION H. R. 1932 

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 

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 2011’’. 

6 SEC. 2. DETENTION OF DANGEROUS ALIENS. 

7 (a) IN GENERAL.—Section 241(a) of the Immigra8 tion and Nationality Act (8 U.S.C. 1231(a)) is amended— 


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1 (1) by striking out ‘‘Attorney General’’ each 

2 place it appears, except for the first reference in 

3 clause (a)(4)(B)(i), and inserting ‘‘Secretary’’; 

4 (2) in paragraph (1), by amending subpara5 graph (B) to read as follows: 

6 ‘‘(B) BEGINNING OF PERIOD.—The re7 moval period begins on the latest of the fol8 lowing: 

9 ‘‘(i) The date the order of removal be10 comes administratively final. 

11 ‘‘(ii) If the alien is not in the custody 

12 of the Secretary on the date the order of 

13 removal becomes administratively final, the 

14 date the alien is taken into such custody. 

15 ‘‘(iii) If the alien is detained or con16 fined (except under an immigration proc17 ess) on the date the order of removal be18 comes administratively final, the date the 

19 alien is taken into the custody of the Sec20 retary, after the alien is released from such 

21 detention or confinement.’’; 

22 (3) in paragraph (1), by amending subpara23 graph (C) to read as follows: 

24 ‘‘(C) SUSPENSION OF PERIOD.— 


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

2 shall be extended beyond a period of 90 

3 days and the alien may remain in deten4 tion during such extended period if— 

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

6 make all reasonable efforts to comply 

7 with the removal order, or to fully co8 operate with the Secretary’s efforts to 

9 establish the alien’s identity and carry 

10 out the removal order, including mak11 ing timely application in good faith 

12 for travel or other documents nec13 essary to the alien’s departure or con14 spires or acts to prevent the alien’s 

15 removal that is subject to an order of 

16 removal; 

17 ‘‘(II) a court, the Board of Immi18 gration Appeals, or an immigration 

19 judge orders a stay of removal of an 

20 alien who is subject to an administra21 tively final order of removal; or 

22 ‘‘(III) the Secretary transfers 

23 custody of the alien pursuant to law 

24 to another Federal agency or a State 

25 or local government agency in connecVerDate Mar 15 2010 05:40 May 25, 2011 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H1932.IH H1932

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1 tion with the official duties of such 

2 agency. 

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

5 a new removal period shall be deemed to 

6 have begun on the date— 

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 (4) in paragraph (3)— 

18 (A) by adding after ‘‘If the alien does not 

19 leave or is not removed within the removal pe20 riod’’ the following: ‘‘or is not detained pursu21 ant to paragraph (6) of this subsection’’; and 

22 (B) by striking subparagraph (D) and in23 serting the following: 

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

25 alien’s conduct or activities that the Secretary 


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1 prescribes for the alien, in order to prevent the 

2 alien from absconding, for the protection of the 

3 community, or for other purposes related to the 

4 enforcement of the immigration laws.’’. 

5 (5) in subparagraph (4)(A), by striking ‘‘para6 graph (2)’’ and inserting ‘‘subparagraph (B)’’; 

7 (6) by striking paragraph (6) and inserting the 

8 following: 

9 ‘‘(6) ADDITIONAL RULES FOR DETENTION OR

10 RELEASE OF CERTAIN ALIENS.— 

11 ‘‘(A) DETENTION REVIEW PROCESS FOR

12 COOPERATIVE ALIENS ESTABLISHED.—For an 

13 alien who is not otherwise subject to mandatory 

14 detention, who has made all reasonable efforts 

15 to comply with a removal order and to cooper16 ate fully with the Secretary of Homeland Secu17 rity’s efforts to establish the alien’s identity and 

18 carry out the removal order, including making 

19 timely application in good faith for travel or 

20 other documents necessary to the alien’s depar21 ture, and who has not conspired or acted to 

22 prevent removal, the Secretary shall establish 

23 an administrative review process to determine 

24 whether the alien should be detained or released 

25 on conditions. The Secretary shall make a deVerDate Mar 15 2010 05:40 May 25, 2011 Jkt 099200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H1932.IH H1932

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1 termination whether to release an alien after 

2 the removal period in accordance with subpara3 graph (B). The determination shall include con4 sideration of any evidence submitted by the 

5 alien, and may include consideration of any 

6 other evidence, including any information or as7 sistance provided by the Secretary of State or 

8 other Federal official and any other information 

9 available to the Secretary of Homeland Security 

10 pertaining to the ability to remove the alien. 

11 ‘‘(B) AUTHORITY TO DETAIN BEYOND RE12 MOVAL PERIOD.— 

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

14 Homeland Security, in the exercise of the 

15 Secretary’s discretion, may continue to de16 tain an alien for 90 days beyond the re17 moval period (including any extension of 

18 the removal period as provided in para19 graph (1)(C)). 

20 ‘‘(ii) SPECIFIC CIRCUMSTANCES.—The 

21 Secretary of Homeland Security, in the ex22 ercise of the Secretary’s discretion, may 

23 continue to detain an alien beyond the 90 

24 days authorized in clause (i)— 


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

2 the Secretary determines that there is 

3 a significant likelihood that the 

4 alien— 

5 ‘‘(aa) will be removed in the 

6 reasonably foreseeable future; or 

7 ‘‘(bb) would be removed in 

8 the reasonably foreseeable future, 

9 or would have been removed, but 

10 for the alien’s failure or refusal 

11 to make all reasonable efforts to 

12 comply with the removal order, 

13 or to cooperate fully with the 

14 Secretary’s efforts to establish 

15 the alien’s identity and carry out 

16 the removal order, including 

17 making timely application in 

18 good faith for travel or other doc19 uments necessary to the alien’s 

20 departure, or conspires or acts to 

21 prevent removal; 

22 ‘‘(II) until the alien is removed, 

23 if the Secretary of Homeland Security 

24 certifies in writing— 


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1 ‘‘(aa) in consultation with 

2 the Secretary of Health and 

3 Human Services, that the alien 

4 has a highly contagious disease 

5 that poses a threat to public safe6 ty; 

7 ‘‘(bb) after receipt of a writ8 ten recommendation from the 

9 Secretary of State, that release 

10 of the alien is likely to have seri11 ous adverse foreign policy con12 sequences for the United States; 

13 ‘‘(cc) based on information 

14 available to the Secretary of 

15 Homeland Security (including 

16 classified, sensitive, or national 

17 security information, and without 

18 regard to the grounds upon 

19 which the alien was ordered re20 moved), that there is reason to 

21 believe that the release of the 

22 alien would threaten the national 

23 security of the United States; or 

24 ‘‘(dd) that the release of the 

25 alien will threaten the safety of 


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1 the community or any person, 

2 conditions of release cannot rea3 sonably be expected to ensure the 

4 safety of the community or any 

5 person, and either (AA) the alien 

6 has been convicted of one or 

7 more aggravated felonies (as de8 fined in section 101(a)(43)(A)) 

9 or of one or more crimes identi10 fied by the Secretary of Home11 land Security by regulation, or of 

12 one or more attempts or conspir13 acies to commit any such aggra14 vated felonies or such identified 

15 crimes, if the aggregate term of 

16 imprisonment for such attempts 

17 or conspiracies is at least 5 

18 years; or (BB) the alien has com19 mitted one or more crimes of vio20 lence (as defined in section 16 of 

21 title 18, United States Code, but 

22 not including a purely political 

23 offense) and, because of a mental 

24 condition or personality disorder 

25 and behavior associated with that 


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1 condition or disorder, the alien is 

2 likely to engage in acts of vio3 lence in the future; or 

4 ‘‘(ee) that the release of the 

5 alien will threaten the safety of 

6 the community or any person, 

7 conditions of release cannot rea8 sonably be expected to ensure the 

9 safety of the community or any 

10 person, and the alien has been 

11 convicted of at least one aggra12 vated felony (as defined in sec13 tion 101(a)(43)); or 

14 ‘‘(III) pending a certification 

15 under subclause (II), so long as the 

16 Secretary of Homeland Security has 

17 initiated the administrative review 

18 process not later than 30 days after 

19 the expiration of the removal period 

20 (including any extension of the re21 moval period, as provided in para22 graph (1)(C)). 

23 ‘‘(C) RENEWAL AND DELEGATION OF CER24 TIFICATION.— 


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1 ‘‘(i) RENEWAL.—The Secretary of 

2 Homeland Security may renew a certifi3 cation under subparagraph (B)(ii)(II) 

4 every 6 months, after providing an oppor5 tunity for the alien to request reconsider6 ation of the certification and to submit 

7 documents or other evidence in support of 

8 that request. If the Secretary does not 

9 renew a certification, the Secretary may 

10 not continue to detain the alien under sub11 paragraph (B)(ii)(II). 

12 ‘‘(ii) DELEGATION.—Notwithstanding 

13 section 103, the Secretary of Homeland 

14 Security may not delegate the authority to 

15 make or renew a certification described in 

16 item (bb), (cc), or (ee) of subparagraph 

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

18 Secretary for Immigration and Customs 

19 Enforcement. 

20 ‘‘(iii) HEARING.—The Secretary of 

21 Homeland Security may request that the 

22 Attorney General or the Attorney General’s 

23 designee provide for a hearing to make the 

24 determination described in item (dd)(BB) 

25 of subparagraph (B)(ii)(II). 


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

2 determined that an alien should be released 

3 from detention by a Federal court, the Board of 

4 Immigration Appeals, or if an immigration 

5 judge orders a stay of removal, the Secretary of 

6 Homeland Security, in the exercise of the Sec7 retary’s discretion, may impose conditions on 

8 release as provided in paragraph (3). 

9 ‘‘(E) REDETENTION.—The Secretary of 

10 Homeland Security, in the exercise of the Sec11 retary’s discretion, without any limitations 

12 other than those specified in this section, may 

13 again detain any alien subject to a final re14 moval order who is released from custody, if re15 moval becomes likely in the reasonably foresee16 able future, the alien fails to comply with the 

17 conditions of release, or to continue to satisfy 

18 the conditions described in subparagraph (A), 

19 or if, upon reconsideration, the Secretary deter20 mines that the alien can be detained under sub21 paragraph (B). This section shall apply to any 

22 alien returned to custody pursuant to this sub23 paragraph, as if the removal period terminated 

24 on the day of the redetention.’’; and 


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1 (7) by inserting after paragraph (7) the fol2 lowing: 

3 ‘‘(8) JUDICIAL REVIEW.—Without regard to the 

4 place of confinement, judicial review of any action or 

5 decision pursuant to this section shall be available 

6 exclusively in habeas corpus proceedings instituted 

7 in the United States District Court for the District 

8 of Columbia, and only if the alien has exhausted all 

9 administrative remedies (statutory and regulatory) 

10 available to the alien as of right.’’. 

11 (b) DETENTION OF ALIENS DURING REMOVAL PRO12 CEEDINGS.— 

13 (1) CLERICAL AMENDMENT.—Sections 235 and 

14 236 of the Immigration and Nationality Act (8 

15 U.S.C. 1225 and 1226) are amended by striking 

16 ‘‘Attorney General’’ each place it appears and insert17 ing ‘‘Secretary’’ except that section 236(a) is 

18 amended by inserting ‘‘the Secretary or’’ before ‘‘the 

19 Attorney General’’ the second place that term ap20 pears; 

21 (2) LENGTH OF DETENTION OF CERTAIN

22 ALIENS; VENUE FOR CERTAIN ACTIONS.—Section 

23 235 of the Immigration and Nationality Act (8 

24 U.S.C. 1225) is amended by adding at the end the 

25 following: 


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1 ‘‘(e) LENGTH OF DETENTION.— 

2 ‘‘(1) Notwithstanding any other provision of 

3 this section, an alien may be detained under this 

4 section, without limitation, until the alien is subject 

5 to an final order of removal. 

6 ‘‘(2) The length of detention under this section 

7 shall not affect any detention under section 241. 

8 ‘‘(f) JUDICIAL REVIEW.—Without regard to the place 

9 of confinement, judicial review of any action or decision 

10 made pursuant to subsection (e) shall be available exclu11 sively in a habeas corpus proceeding instituted in the 

12 United States District Court for the District of Columbia 

13 and only if the alien has exhausted all administrative rem14 edies (statutory and nonstatutory) available to the alien 

15 as of right.’’. 

16 (3) VENUE FOR CERTAIN ACTIONS SEEKING JU17 DICIAL REVIEW OF LENGTH OF DETENTION.—Sec18 tion 236(e) of the Immigration and Nationality Act 

19 (8 U.S.C. 1226(e)) is amended by adding the fol20 lowing at the end: ‘‘Without regard to the place of 

21 confinement, judicial review of any action or decision 

22 made pursuant to subsection (f) shall be available 

23 exclusively in a habeas corpus proceeding instituted 

24 in the United States District Court for the District 

25 of Columbia and only if the alien has exhausted all 


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1 administrative remedies (statutory and nonstatu2 tory) available to the alien as of right.’’. 

3 (4) LENGTH OF DETENTION.—Section 236 of 

4 the Immigration and Nationality Act (8 U.S.C. 

5 1226) is amended by adding the following sub6 section: 

7 ‘‘(f) LENGTH OF DETENTION.— 

8 ‘‘(1) Notwithstanding any other provision of 

9 this section, an alien may be detained under this 

10 section for any period, without limitation, until the 

11 alien is subject to a final order of removal. 

12 ‘‘(2) The length of detention under this section 

13 shall not affect detention under section 241 of this 

14 Act.’’. 

15 (5) DETENTION OF CRIMINAL ALIENS.—Section 

16 236(c)(1) of the Immigration and Nationality Act (8 

17 U.S.C. 1226(c)(1)) is amended, in the matter fol18 lowing subparagraph (D) to read as follows: 

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

20 to whether an alien is released related to any activ21 ity, offense, or conviction described in this para22 graph; to whether the alien is released on parole, su23 pervised release, or probation; or to whether the 

24 alien may be arrested or imprisoned again for the 

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1 graph does not result in the alien being taken into 

2 custody by any person other than the Secretary, 

3 then when the alien is brought to the attention of 

4 the Secretary or when the Secretary determines it is 

5 practical to take such alien into custody, the Sec6 retary shall take such alien into custody.’’. 

7 (6) ADMINISTRATIVE REVIEW.—Section 236 of 

8 the Immigration and Nationality Act (8 U.S.C. 

9 1226) is amended by adding the following sub10 section: 

11 ‘‘(g) ADMINISTRATIVE REVIEW.— 

12 ‘‘(1) The Attorney General’s review of the Sec13 retary’s custody determinations under section 236(a) 

14 shall be limited to whether the alien may be de15 tained, released on bond (of at least $1,500 with se16 curity approved by the Secretary), or released with 

17 no bond. 

18 ‘‘(2) The Attorney General’s review of the Sec19 retary’s custody determinations for the following 

20 classes of aliens: 

21 ‘‘(A) Aliens in exclusion proceedings. 

22 ‘‘(B) Arriving aliens in removal pro23 ceedings, including aliens paroled after arrival 

24 pursuant to section 212(d)(5). 


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1 ‘‘(C) Aliens described in sections 212(a)(3) 

2 and 237(a)(4). 

3 ‘‘(D) Aliens described in section 236(c). 

4 ‘‘(E) Aliens in deportation proceedings 

5 subject to section 242(a)(2) of the Act (as in 

6 effect prior to April 1, 1997, and as amended 

7 by section 440(c) of Public Law 104–132); is 

8 limited to a determination of whether the alien 

9 is properly included in such category.’’. 

10 (7) CLERICAL AMENDMENTS.— 

11 (A) Sections 235 and 236 of the Immigra12 tion and Nationality Act (8 U.S.C. 1225 and 

13 1226) are amended by striking out ‘‘Attorney 

14 General’’ each place it appears and inserting 

15 ‘‘Secretary’’. 

16 (B) Sections 236(a)(2)(B) and 236(b) of 

17 the Immigration and Nationality Act (8 U.S.C. 

18 1226(a)(2)(B) and 1226(b)) are amended by 

19 striking out ‘‘conditional parole’’ and inserting 

20 in lieu thereof ‘‘recognizance’’. 

21 (c) SEVERABILITY.—If any of the provisions of this 

22 Act or any amendment by this Act, or the application of 

23 any such provision to any person or circumstance, is held 

24 to be invalid for any reason, the remainder of this Act 

25 and of amendments made by this Act, and the application 


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1 of the provisions and of the amendments made by this Act 

2 to any other person or circumstance shall not be affected 

3 by such holding. 

4 (d) EFFECTIVE DATES.— 

5 (1) The amendments made by subsection (a) 

6 shall take effect upon the date of enactment of this 

7 Act, and section 241 of the Immigration and Na8 tionality Act, as so amended, shall in addition apply 

9 to— 

10 (A) all aliens subject to a final administra11 tive removal, deportation, or exclusion order 

12 that was issued before, on, or after the date of 

13 enactment of this Act; and 

14 (B) acts and conditions occurring or exist15 ing before, on, or after the date of enactment 

16 of this Act. 

17 (2) The amendments made by subsection (b) 

18 shall take effect upon the date of enactment of this 

19 Act, and sections 235 and 236 of the Immigration 

20 and Nationality Act, as so amended, shall in addi21 tion apply to any alien in detention under provisions 

22 of such sections on or after the date of enactment 

23 of this Act. 

Æ 


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