IB 

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] 


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A BILL 

To amend the Immigration and Nationality Act to provide 

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


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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 Communities 

5 Safe Act of 2011’’. 

6 SEC. 2. DETENTION OF DANGEROUS ALIENS. 

7 (a) IN GENERAL.—Section 241(a) of the Immigration 

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

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

10 place it appears, except for the first reference in sub11 section (a)(4)(B)(i), and inserting ‘‘Secretary of 

12 Homeland Security’’; 

13 (2) in paragraph (1), by amending subpara14 graph (B) to read as follows: 

15 ‘‘(B) BEGINNING OF PERIOD.—The removal 

16 period begins on the latest of the following: 

17 ‘‘(i) The date the order of removal be18 comes administratively final. 

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

20 of the Secretary on the date the order of re21 moval becomes administratively final, the 

22 date the alien is taken into such custody. 

23 ‘‘(iii) If the alien is detained or con24 fined (except under an immigration proc25 ess) on the date the order of removal beVerDate Mar 15 2010 21:00 Oct 18, 2011 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6203 E:\BILLS\H1932.RH H1932

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1 comes administratively final, the date the 

2 alien is taken into the custody of the Sec3 retary, after the alien is released from such 

4 detention or confinement.’’; 

5 (3) in paragraph (1), by amending subpara6 graph (C) to read as follows: 

7 ‘‘(C) SUSPENSION OF PERIOD.— 

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

9 shall be extended beyond a period of 90 

10 days and the alien may remain in deten11 tion during such extended period if— 

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

13 make all reasonable efforts to comply 

14 with the removal order, or to fully co15 operate with the Secretary’s efforts to 

16 establish the alien’s identity and carry 

17 out the removal order, including mak18 ing timely application in good faith 

19 for travel or other documents necessary 

20 to the alien’s departure or conspires or 

21 acts to prevent the alien’s removal that 

22 is subject to an order of removal; 

23 ‘‘(II) a court, the Board of Immi24 gration Appeals, or an immigration 

25 judge orders a stay of removal of an 


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1 alien who is subject to an administra2 tively final order of removal; or 

3 ‘‘(III) the Secretary transfers cus4 tody of the alien pursuant to law to 

5 another Federal agency or a State or 

6 local government agency in connection 

7 with the official duties of such agency. 

8 ‘‘(ii) RENEWAL.—If the removal period 

9 has been extended under clause (C)(i), a 

10 new removal period shall be deemed to have 

11 begun on the date— 

12 ‘‘(I) the alien makes all reasonable 

13 efforts to comply with the removal 

14 order, or to fully cooperate with the 

15 Secretary’s efforts to establish the 

16 alien’s identity and carry out the re17 moval order; 

18 ‘‘(II) the stay of removal is no 

19 longer in effect; or 

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

21 custody of the Secretary.’’; 

22 (4) in paragraph (3)— 

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

24 leave or is not removed within the removal peVerDate Mar 15 2010 21:00 Oct 18, 2011 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6203 E:\BILLS\H1932.RH H1932

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1 riod’’ the following: ‘‘or is not detained pursuant 

2 to paragraph (6) of this subsection’’; and 

3 (B) by striking subparagraph (D) and in4 serting the following: 

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

6 alien’s conduct or activities that the Secretary 

7 prescribes for the alien, in order to prevent the 

8 alien from absconding, for the protection of the 

9 community, or for other purposes related to the 

10 enforcement of the immigration laws.’’; 

11 (5) in paragraph (4)(A), by striking ‘‘paragraph 

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

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

14 following: 

15 ‘‘(6) ADDITIONAL RULES FOR DETENTION OR RE16 LEASE OF CERTAIN ALIENS.— 

17 ‘‘(A) DETENTION REVIEW PROCESS FOR CO18 OPERATIVE ALIENS ESTABLISHED.—For an alien 

19 who is not otherwise subject to mandatory deten20 tion, who has made all reasonable efforts to com21 ply with a removal order and to cooperate fully 

22 with the Secretary of Homeland Security’s ef23 forts to establish the alien’s identity and carry 

24 out the removal order, including making timely 

25 application in good faith for travel or other docVerDate Mar 15 2010 21:00 Oct 18, 2011 Jkt 019200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6203 E:\BILLS\H1932.RH H1932

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1 uments necessary to the alien’s departure, and 

2 who has not conspired or acted to prevent re3 moval, the Secretary shall establish an adminis4 trative review process to determine whether the 

5 alien should be detained or released on condi6 tions. The Secretary shall make a determination 

7 whether to release an alien after the removal pe8 riod in accordance with subparagraph (B). The 

9 determination shall include consideration of any 

10 evidence submitted by the alien, and may in11 clude consideration of any other evidence, includ12 ing any information or assistance provided by 

13 the Secretary of State or other Federal official 

14 and any other information available to the Sec15 retary of Homeland Security pertaining to the 

16 ability to remove the alien. 

17 ‘‘(B) AUTHORITY TO DETAIN BEYOND RE18 MOVAL PERIOD.— 

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

20 Homeland Security, in the exercise of the 

21 Secretary’s discretion, may continue to de22 tain an alien for 90 days beyond the re23 moval period (including any extension of 

24 the removal period as provided in para25 graph (1)(C)). 


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1 ‘‘(ii) SPECIFIC CIRCUMSTANCES.—The 

2 Secretary of Homeland Security, in the ex3 ercise of the Secretary’s discretion, may 

4 continue to detain an alien beyond the 90 

5 days authorized in clause (i)— 

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

7 the Secretary determines that there is a 

8 significant likelihood that the alien— 

9 ‘‘(aa) will be removed in the 

10 reasonably foreseeable future; or 

11 ‘‘(bb) would be removed in 

12 the reasonably foreseeable future, 

13 or would have been removed, but 

14 for the alien’s failure or refusal to 

15 make all reasonable efforts to com16 ply with the removal order, or to 

17 cooperate fully with the Sec18 retary’s efforts to establish the 

19 alien’s identity and carry out the 

20 removal order, including making 

21 timely application in good faith 

22 for travel or other documents nec23 essary to the alien’s departure, or 

24 conspires or acts to prevent re25 moval; 


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

2 the Secretary of Homeland Security 

3 certifies in writing— 

4 ‘‘(aa) in consultation with 

5 the Secretary of Health and 

6 Human Services, that the alien 

7 has a highly contagious disease 

8 that poses a threat to public safe9 ty; 

10 ‘‘(bb) after receipt of a writ11 ten recommendation from the Sec12 retary of State, that release of the 

13 alien is likely to have serious ad14 verse foreign policy consequences 

15 for the United States; 

16 ‘‘(cc) based on information 

17 available to the Secretary of 

18 Homeland Security (including 

19 classified, sensitive, or national 

20 security information, and without 

21 regard to the grounds upon which 

22 the alien was ordered removed), 

23 that there is reason to believe that 

24 the release of the alien would 


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1 threaten the national security of 

2 the United States; or 

3 ‘‘(dd) that the release of the 

4 alien will threaten the safety of 

5 the community or any person, 

6 conditions of release cannot rea7 sonably be expected to ensure the 

8 safety of the community or any 

9 person, and either (AA) the alien 

10 has been convicted of one or more 

11 aggravated felonies (as defined in 

12 section 101(a)(43)(A)) or of one or 

13 more crimes identified by the Sec14 retary of Homeland Security by 

15 regulation, or of one or more at16 tempts or conspiracies to commit 

17 any such aggravated felonies or 

18 such identified crimes, if the ag19 gregate term of imprisonment for 

20 such attempts or conspiracies is 

21 at least 5 years; or (BB) the alien 

22 has committed one or more crimes 

23 of violence (as defined in section 

24 16 of title 18, United States Code, 

25 but not including a purely politVerDate Mar 15 2010 21:00 Oct 18, 2011 Jkt 019200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6203 E:\BILLS\H1932.RH H1932

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1 ical offense) and, because of a 

2 mental condition or personality 

3 disorder and behavior associated 

4 with that condition or disorder, 

5 the alien is likely to engage in 

6 acts of violence in the future; or 

7 ‘‘(ee) that the release of the 

8 alien will threaten the safety of 

9 the community or any person, 

10 conditions of release cannot rea11 sonably be expected to ensure the 

12 safety of the community or any 

13 person, and the alien has been 

14 convicted of at least one aggra15 vated felony (as defined in section 

16 101(a)(43)); or 

17 ‘‘(III) pending a certification 

18 under subclause (II), so long as the 

19 Secretary of Homeland Security has 

20 initiated the administrative review 

21 process not later than 30 days after the 

22 expiration of the removal period (in23 cluding any extension of the removal 

24 period, as provided in paragraph 

25 (1)(C)). 


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1 ‘‘(C) RENEWAL AND DELEGATION OF CER2 TIFICATION.— 

3 ‘‘(i) RENEWAL.—The Secretary of 

4 Homeland Security may renew a certifi5 cation under subparagraph (B)(ii)(II) every 

6 6 months, after providing an opportunity 

7 for the alien to request reconsideration of 

8 the certification and to submit documents or 

9 other evidence in support of that request. If 

10 the Secretary does not renew a certification, 

11 the Secretary may not continue to detain 

12 the alien under subparagraph (B)(ii)(II). 

13 ‘‘(ii) DELEGATION.—Notwithstanding 

14 section 103, the Secretary of Homeland Se15 curity may not delegate the authority to 

16 make or renew a certification described in 

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

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

19 Secretary for Immigration and Customs 

20 Enforcement. 

21 ‘‘(iii) HEARING.—The Secretary of 

22 Homeland Security may request that the 

23 Attorney General or the Attorney General’s 

24 designee provide for a hearing to make the 


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1 determination described in item (dd)(BB) of 

2 subparagraph (B)(ii)(II). 

3 ‘‘(D) RELEASE ON CONDITIONS.—If it is de4 termined that an alien should be released from 

5 detention by a Federal court, the Board of Immi6 gration Appeals, or if an immigration judge or7 ders a stay of removal, the Secretary of Home8 land Security, in the exercise of the Secretary’s 

9 discretion, may impose conditions on release as 

10 provided in paragraph (3). 

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

12 Homeland Security, in the exercise of the Sec13 retary’s discretion, without any limitations other 

14 than those specified in this section, may again 

15 detain any alien subject to a final removal order 

16 who is released from custody, if removal becomes 

17 likely in the reasonably foreseeable future, the 

18 alien fails to comply with the conditions of re19 lease, or to continue to satisfy the conditions de20 scribed in subparagraph (A), or if, upon recon21 sideration, the Secretary determines that the 

22 alien can be detained under subparagraph (B). 

23 This section shall apply to any alien returned to 

24 custody pursuant to this subparagraph, as if the 


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1 removal period terminated on the day of the re2 detention.’’; and 

3 (7) by inserting after paragraph (7) the fol4 lowing: 

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

6 place of confinement, judicial review of any action or 

7 decision pursuant to this section shall be available ex8 clusively in habeas corpus proceedings instituted in 

9 the United States District Court for the District of 

10 Columbia, and only if the alien has exhausted all ad11 ministrative remedies (statutory and regulatory) 

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

13 (b) DETENTION OF ALIENS DURING REMOVAL PRO14 CEEDINGS.— 

15 (1) CLERICAL AMENDMENT.—(A) Sections 235 

16 and 236 of the Immigration and Nationality Act (8 

17 U.S.C. 1225 and 1226) are amended by striking ‘‘At18 torney General’’ each place it appears (except in the 

19 second place that term appears in section 236(a)) and 

20 inserting ‘‘Secretary of Homeland Security’’. 

21 (B) Section 236(a) of the Immigration and Na22 tionality Act (8 U.S.C. 1226(a)) is amended by in23 serting ‘‘the Secretary of Homeland Security or’’ be24 fore ‘‘the Attorney General—’’. 


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1 (C) Section 236(e) of the Immigration and Na2 tionality Act (8 U.S.C. 1226(e)) is amended by strik3 ing ‘‘Attorney General’s’’ and inserting ‘‘Secretary of 

4 Homeland Security’s’’. 

5 (2) LENGTH OF DETENTION OF CERTAIN ALIENS; 

6 VENUE FOR CERTAIN ACTIONS.—Section 235 of the 

7 Immigration and Nationality Act (8 U.S.C. 1225) is 

8 amended by adding at the end the following: 

9 ‘‘(e) LENGTH OF DETENTION.— 

10 ‘‘(1) Notwithstanding any other provision of this 

11 section, an alien may be detained under this section, 

12 without limitation, until the alien is subject to an 

13 final order of removal. 

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

15 shall not affect any detention under section 241. 

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

17 of confinement, judicial review of any action or decision 

18 made pursuant to subsection (e) shall be available exclu19 sively in a habeas corpus proceeding instituted in the 

20 United States District Court for the District of Columbia 

21 and only if the alien has exhausted all administrative rem22 edies (statutory and nonstatutory) available to the alien as 

23 of right.’’. 

24 (3) VENUE FOR CERTAIN ACTIONS SEEKING JUDI25 CIAL REVIEW OF LENGTH OF DETENTION.—Section 


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1 236(e) of the Immigration and Nationality Act (8 

2 U.S.C. 1226(e)) is amended by adding the following 

3 at the end: ‘‘Without regard to the place of confine4 ment, judicial review of any action or decision made 

5 pursuant to subsection (f) shall be available exclu6 sively in a habeas corpus proceeding instituted in the 

7 United States District Court for the District of Co8 lumbia and only if the alien has exhausted all admin9 istrative remedies (statutory and nonstatutory) avail10 able to the alien as of right.’’. 

11 (4) LENGTH OF DETENTION.—Section 236 of the 

12 Immigration and Nationality Act (8 U.S.C. 1226) is 

13 amended by adding at the end the following sub14 section: 

15 ‘‘(f) LENGTH OF DETENTION.— 

16 ‘‘(1) Notwithstanding any other provision of this 

17 section, an alien may be detained under this section 

18 for any period, without limitation, until the alien is 

19 subject to a final order of removal. 

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

21 shall not affect detention under section 241 of this 

22 Act.’’. 

23 (5) DETENTION OF CRIMINAL ALIENS.—Section 

24 236(c)(1) of the Immigration and Nationality Act (8 


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1 U.S.C. 1226(c)(1)) is amended, in the matter fol2 lowing subparagraph (D) to read as follows: 

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

4 to whether an alien is released related to any activity, 

5 offense, or conviction described in this paragraph; to 

6 whether the alien is released on parole, supervised re7 lease, or probation; or to whether the alien may be ar8 rested or imprisoned again for the same offense. If the 

9 activity described in this paragraph does not result in 

10 the alien being taken into custody by any person 

11 other than the Secretary, then when the alien is 

12 brought to the attention of the Secretary or when the 

13 Secretary determines it is practical to take such alien 

14 into custody, the Secretary shall take such alien into 

15 custody.’’. 

16 (6) ADMINISTRATIVE REVIEW.—Section 236 of 

17 the Immigration and Nationality Act (8 U.S.C. 1226) 

18 is amended by adding at the end the following sub19 section: 

20 ‘‘(g) ADMINISTRATIVE REVIEW.— 

21 ‘‘(1) The Attorney General’s review of the Sec22 retary’s custody determinations under section 236(a) 

23 shall be limited to whether the alien may be detained, 

24 released on bond (of at least $1,500 with security ap25 proved by the Secretary), or released with no bond. 


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1 ‘‘(2) The Attorney General’s review of the Sec2 retary’s custody determinations for the following 

3 classes of aliens: 

4 ‘‘(A) Aliens in exclusion proceedings. 

5 ‘‘(B) Arriving aliens in removal pro6 ceedings, including aliens paroled after arrival 

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

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

9 and 237(a)(4). 

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

11 ‘‘(E) Aliens in deportation proceedings sub12 ject to section 242(a)(2) of the Act (as in effect 

13 prior to April 1, 1997, and as amended by sec14 tion 440(c) of Public Law 104–132); is limited 

15 to a determination of whether the alien is prop16 erly included in such category.’’. 

17 (7) CLERICAL AMENDMENTS.—(A) Section 

18 236(a)(2)(B) of the Immigration and Nationality Act 

19 (8 U.S.C. 1226(a)(2)(B)) is amended by striking out 

20 ‘‘conditional parole’’ and inserting in lieu thereof ‘‘re21 cognizance’’. 

22 (B) Section 236(b) of the Immigration and Na23 tionality Act (8 U.S.C. 1226(b)) is amended by strik24 ing ‘‘parole’’ and inserting ‘‘recognizance’’. 


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

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

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

4 be invalid for any reason, the remainder of this Act and 

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

6 the provisions and of the amendments made by this Act to 

7 any other person or circumstance shall not be affected by 

8 such holding. 

9 (d) EFFECTIVE DATES.— 

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

11 shall take effect upon the date of enactment of this 

12 Act, and section 241 of the Immigration and Nation13 ality Act, as so amended, shall in addition apply 

14 to— 

15 (A) all aliens subject to a final administra16 tive removal, deportation, or exclusion order that 

17 was issued before, on, or after the date of enact18 ment of this Act; and 

19 (B) acts and conditions occurring or exist20 ing before, on, or after the date of enactment of 

21 this Act. 

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

23 shall take effect upon the date of enactment of this 

24 Act, and sections 235 and 236 of the Immigration 

25 and Nationality Act, as so amended, shall in addition 


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1 apply to any alien in detention under provisions of 

2 such sections on or after the date of enactment of this 

3 Act. 

4 SEC. 3. SENSE OF THE CONGRESS. 

5 It is the sense of the Congress that— 

6 (1) this Act should ensure that Constitutional 

7 rights are upheld and protected; and 

8 (2) it is the intention of the Congress to uphold 

9 the Constitutional principles of due process and that 

10 due process of the law is a right afforded to everyone 

11 in the United States. 


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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 

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

OCTOBER 18, 2011 

Reported with an amendment, committed to the Comand ordered to be printed mittee of the Whole House on the State of the Union, 


jlentini on DSK4TPTVN1PROD with BILLS