I 

116TH CONGRESS 

1ST SESSION H. R. 3860 

To amend the Immigration and Nationality Act with respect to the detention 

of dangerous aliens, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JULY 19, 2019 

Mrs. LESKO introduced the following bill; which was referred to the 

Committee on the Judiciary 

A BILL 

To amend the Immigration and Nationality Act with respect 

to the detention of dangerous aliens, 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. DETENTION OF DANGEROUS ALIENS. 

4 Section 241(a) of the Immigration and Nationality 

5 Act (8 U.S.C. 1231(a)) is amended— 

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

7 it appears, except for the first reference in para8 graph (4)(B)(i), and inserting ‘‘Secretary of Home9 land Security’’; 


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1 (2) in paragraph (1), by amending subpara2 graph (B) to read as follows: 

3 ‘‘(B) BEGINNING OF PERIOD.—The re4 moval period begins on the latest of the fol5 lowing: 

6 ‘‘(i) The date the order of removal be7 comes administratively final. 

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

9 of the Secretary on the date the order of 

10 removal becomes administratively final, the 

11 date the alien is taken into such custody. 

12 ‘‘(iii) If the alien is detained or con13 fined (except under an immigration proc14 ess) on the date the order of removal be15 comes administratively final, the date the 

16 alien is taken into the custody of the Sec17 retary, after the alien is released from such 

18 detention or confinement.’’; 

19 (3) in paragraph (1), by amending subpara20 graph (C) to read as follows: 

21 ‘‘(C) SUSPENSION OF PERIOD.— 

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

23 shall be extended beyond a period of 90 

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1 retary’s sole discretion, keep the alien in 

2 detention during such extended period if— 

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

4 make all reasonable efforts to comply 

5 with the removal order, or to fully co6 operate with the Secretary’s efforts to 

7 establish the alien’s identity and carry 

8 out the removal order, including mak9 ing timely application in good faith 

10 for travel or other documents nec11 essary to the alien’s departure or con12 spires or acts to prevent the alien’s 

13 removal that is subject to an order of 

14 removal; 

15 ‘‘(II) a court, the Board of Immi16 gration Appeals, or an immigration 

17 judge orders a stay of removal of an 

18 alien who is subject to an administra19 tively final order of removal; 

20 ‘‘(III) the Secretary transfers 

21 custody of the alien pursuant to law 

22 to another Federal agency or a State 

23 or local government agency in connec24 tion with the official duties of such 

25 agency; or 


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1 ‘‘(IV) a court or the Board of 

2 Immigration Appeals orders a remand 

3 to an immigration judge or the Board 

4 of Immigration Appeals, during the 

5 time period when the case is pending 

6 a decision on remand (with the re7 moval period beginning anew on the 

8 date that the alien is ordered removed 

9 on remand). 

10 ‘‘(ii) RENEWAL.—If the removal pe11 riod has been extended under subpara12 graph (C)(i), a new removal period shall be 

13 deemed to have begun on the date— 

14 ‘‘(I) the alien makes all reason15 able efforts to comply with the re16 moval order, or to fully cooperate with 

17 the Secretary’s efforts to establish the 

18 alien’s identity and carry out the re19 moval order; 

20 ‘‘(II) the stay of removal is no 

21 longer in effect; or 

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

23 custody of the Secretary. 

24 ‘‘(iii) MANDATORY DETENTION FOR

25 CERTAIN ALIENS.—In the case of an alien 


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1 described in subparagraphs (A) through 

2 (D) of section 236(c)(1), the Secretary 

3 shall keep that alien in detention during 

4 the extended period described in clause (i). 

5 ‘‘(iv) SOLE FORM OF RELIEF.—An 

6 alien may seek relief from detention under 

7 this subparagraph only by filing an appli8 cation for a writ of habeas corpus in ac9 cordance with chapter 153 of title 28, 

10 United States Code. No alien whose period 

11 of detention is extended under this sub12 paragraph shall have the right to seek re13 lease on bond.’’; 

14 (4) in paragraph (3)— 

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

16 leave or is not removed within the removal pe17 riod’’ the following: ‘‘or is not detained pursu18 ant to paragraph (6) of this subsection’’; and 

19 (B) by striking subparagraph (D) and in20 serting the following: 

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

22 alien’s conduct or activities that the Secretary 

23 prescribes for the alien, in order to prevent the 

24 alien from absconding, for the protection of the 


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1 community, or for other purposes related to the 

2 enforcement of the immigration laws.’’; 

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

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

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

6 following: 

7 ‘‘(6) ADDITIONAL RULES FOR DETENTION OR

8 RELEASE OF CERTAIN ALIENS.— 

9 ‘‘(A) DETENTION REVIEW PROCESS FOR

10 COOPERATIVE ALIENS ESTABLISHED.—For an 

11 alien who is not otherwise subject to mandatory 

12 detention, who has made all reasonable efforts 

13 to comply with a removal order and to cooper14 ate fully with the Secretary of Homeland Secu15 rity’s efforts to establish the alien’s identity and 

16 carry out the removal order, including making 

17 timely application in good faith for travel or 

18 other documents necessary to the alien’s depar19 ture, and who has not conspired or acted to 

20 prevent removal, the Secretary shall establish 

21 an administrative review process to determine 

22 whether the alien should be detained or released 

23 on conditions. The Secretary shall make a de24 termination whether to release an alien after 

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1 graph (B). The determination shall include con2 sideration of any evidence submitted by the 

3 alien, and may include consideration of any 

4 other evidence, including any information or as5 sistance provided by the Secretary of State or 

6 other Federal official and any other information 

7 available to the Secretary of Homeland Security 

8 pertaining to the ability to remove the alien. 

9 ‘‘(B) AUTHORITY TO DETAIN BEYOND RE10 MOVAL PERIOD.— 

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

12 Homeland Security, in the exercise of the 

13 Secretary’s sole discretion, may continue to 

14 detain an alien for 90 days beyond the re15 moval period (including any extension of 

16 the removal period as provided in para17 graph (1)(C)). An alien whose detention is 

18 extended under this subparagraph shall 

19 have no right to seek release on bond. 

20 ‘‘(ii) SPECIFIC CIRCUMSTANCES.—The 

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

23 may continue to detain an alien beyond the 

24 90 days authorized in clause (i)— 


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

2 the Secretary, in the Secretary’s sole 

3 discretion, determines that there is a 

4 significant likelihood that the 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 ‘‘(III) pending a certification 

5 under subclause (II), so long as the 

6 Secretary of Homeland Security has 

7 initiated the administrative review 

8 process not later than 30 days after 

9 the expiration of the removal period 

10 (including any extension of the re11 moval period, as provided in para12 graph (1)(C)). 

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

14 An alien whose detention is extended under 

15 this subparagraph shall have no right to 

16 seek release on bond, including by reason 

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

18 ‘‘(C) RENEWAL AND DELEGATION OF CER19 TIFICATION.— 

20 ‘‘(i) RENEWAL.—The Secretary of 

21 Homeland Security may renew a certifi22 cation under subparagraph (B)(ii)(II) 

23 every 6 months, after providing an oppor24 tunity for the alien to request reconsider25 ation of the certification and to submit 


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1 documents or other evidence in support of 

2 that request. If the Secretary does not 

3 renew a certification, the Secretary may 

4 not continue to detain the alien under sub5 paragraph (B)(ii)(II). 

6 ‘‘(ii) DELEGATION.—Notwithstanding 

7 section 103, the Secretary of Homeland 

8 Security may not delegate the authority to 

9 make or renew a certification described in 

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

11 (B)(ii)(II) below the level of the Director 

12 of Immigration and Customs Enforcement. 

13 ‘‘(iii) HEARING.—The Secretary of 

14 Homeland Security may request that the 

15 Attorney General or the Attorney General’s 

16 designee provide for a hearing to make the 

17 determination described in item (dd)(BB) 

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

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

20 determined that an alien should be released 

21 from detention by a Federal court, the Board of 

22 Immigration Appeals, or if an immigration 

23 judge orders a stay of removal, the Secretary of 

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1 retary’s discretion, may impose conditions on 

2 release as provided in paragraph (3). 

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

4 Homeland Security, in the exercise of the Sec5 retary’s discretion, without any limitations 

6 other than those specified in this section, may 

7 again detain any alien subject to a final re8 moval order who is released from custody, if re9 moval becomes likely in the reasonably foresee10 able future, the alien fails to comply with the 

11 conditions of release, or to continue to satisfy 

12 the conditions described in subparagraph (A), 

13 or if, upon reconsideration, the Secretary, in 

14 the Secretary’s sole discretion, determines that 

15 the alien can be detained under subparagraph 

16 (B). This section shall apply to any alien re17 turned to custody pursuant to this subpara18 graph, as if the removal period terminated on 

19 the day of the redetention. 

20 ‘‘(F) REVIEW OF DETERMINATIONS BY

21 SECRETARY.—A determination by the Secretary 

22 under this paragraph shall not be subject to re23 view by any other agency.’’. 

Æ 


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