II 

117TH CONGRESS 

2D SESSION S. 4370 

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 

JUNE 9, 2022 

Mr. INHOFE (for himself, Mr. TILLIS, Mr. WICKER, Mr. CRAPO, Mr. RISCH, 

Mr. KENNEDY, Mr. CRUZ, Mr. GRASSLEY, Mr. HAGERTY, Ms. LUMMIS, 

Mr. BRAUN, Mr. CASSIDY, Mr. HAWLEY, Mr. CRAMER, Mrs. HYDESMITH, Mr. MARSHALL, Mr. ROUNDS, Mr. DAINES, Mr. RUBIO, and Mr. 

BARRASSO) 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 2022’’. 

6 SEC. 2. SENSE OF CONGRESS. 

7 It is the sense of Congress that— 


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1 (1) rights guaranteed by the United States 

2 Constitution should be upheld and protected; 

3 (2) Congress intends to uphold the constitu4 tional principle of due process; 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 sections 212(a)(3) 

23 and 237(a)(4); 

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


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1 ‘‘(D) aliens in deportation proceedings sub2 ject to 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 under 

6 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 under subsection (c) may seek release on 

13 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 amending subparagraphs (B) and 

23 (C) to read as follows: 

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 03:01 Jun 12, 2022 Jkt 029200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S4370.IS S4370

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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; or 

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 ‘‘(AA) the alien has 

16 been convicted of 1 or more 

17 aggravated felonies (as de18 fined in section 

19 101(a)(43)(A)) or of 1 or 

20 more crimes identified by 

21 the Secretary of Homeland 

22 Security by regulation, or of 

23 1 or more attempts or con24 spiracies to commit any such 

25 aggravated felonies or such 


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1 identified crimes, if the ag2 gregate term of imprison3 ment for such attempts or 

4 conspiracies is at least 5 

5 years; or 

6 ‘‘(BB) the alien has 

7 committed 1 or more crimes 

8 of violence (as defined in 

9 section 16 of title 18, 

10 United States Code, but not 

11 including a purely political 

12 offense) and, because of a 

13 mental condition or person14 ality disorder and behavior 

15 associated with that condi16 tion or disorder, the alien is 

17 likely to engage in acts of vi18 olence in the future; or 

19 ‘‘(III) pending a certification 

20 under subclause (II), if the Secretary 

21 of Homeland Security has initiated 

22 the administrative review process not 

23 later than 30 days after the expiration 

24 of the removal period (including any 


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1 extension of the removal period under 

2 paragraph (1)(C)). 

3 ‘‘(iii) NO RIGHT TO BOND HEARING.— 

4 An alien whose detention is extended under 

5 this subparagraph shall not have a right to 

6 seek release on bond, including by reason 

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

8 ‘‘(C) RENEWAL AND DELEGATION OF CER9 TIFICATION.— 

10 ‘‘(i) RENEWAL.—The Secretary of 

11 Homeland Security may renew a certifi12 cation under subparagraph (B)(ii)(II) 

13 every 6 months after providing an oppor14 tunity for the alien to request reconsider15 ation of the certification and to submit 

16 documents or other evidence in support of 

17 that request. If the Secretary does not 

18 renew a certification, the Secretary may 

19 not continue to detain the alien under sub20 paragraph (B)(ii)(II). 

21 ‘‘(ii) DELEGATION.—Notwithstanding 

22 section 103, the Secretary of Homeland 

23 Security may not delegate the authority to 

24 make or renew a certification described in 

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


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

2 Secretary for Immigration and Customs 

3 Enforcement. 

4 ‘‘(iii) HEARING.—The Secretary of 

5 Homeland Security may request that the 

6 Attorney General or the Attorney General’s 

7 designee provide for a hearing to make the 

8 determination described in subparagraph 

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

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

11 determined that an alien should be released 

12 from detention by a Federal court, the Board of 

13 Immigration Appeals, or if an immigration 

14 judge orders a stay of removal, the Secretary of 

15 Homeland Security may impose conditions on 

16 release as provided under paragraph (3). 

17 ‘‘(E) REDETENTION.— 

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

19 Homeland Security, without any limita20 tions other than those specified in this sec21 tion, may detain any alien subject to a 

22 final removal order who is released from 

23 custody if— 

24 ‘‘(I) removal becomes likely in 

25 the reasonably foreseeable future; 


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1 ‘‘(II) the alien fails to comply 

2 with the conditions of release or to 

3 continue to satisfy the conditions de4 scribed in subparagraph (A); or 

5 ‘‘(III) upon reconsideration, the 

6 Secretary determines that the alien 

7 can be detained under subparagraph 

8 (B). 

9 ‘‘(ii) APPLICABILITY.—This section 

10 shall apply to any alien returned to cus11 tody pursuant to this subparagraph as if 

12 the removal period terminated on the day 

13 of the redetention. 

14 ‘‘(F) REVIEW OF DETERMINATIONS BY

15 SECRETARY.—A determination by the Secretary 

16 under this paragraph shall not be subject to re17 view by any other agency.’’. 

18 SEC. 5. CRIME OF VIOLENCE DEFINED. 

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

20 amended— 

21 (1) by striking ‘‘by its nature, involves’’ and in22 serting ‘‘based on the facts of the offense, involved’’; 

23 and 

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

25 ‘‘may have been used’’. 


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1 SEC. 6. SEVERABILITY. 

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

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

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

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

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

7 and amendments made by this Act to any other person 

8 or circumstance shall not be affected by such holding. 

9 SEC. 7. EFFECTIVE DATES. 

10 (a) APPREHENSION AND DETENTION OF ALIENS.— 

11 The amendments made by section 3 shall take effect on 

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

13 Immigration and Nationality Act, as amended by section 

14 3, shall apply to any alien in detention under the provi15 sions of such section on or after such date of enactment. 

16 (b) ALIENS ORDERED REMOVED.—The amendments 

17 made by section 4 shall take effect on the date of the en18 actment of this Act. Section 241 of the Immigration and 

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

20 (1) all aliens subject to a final administrative 

21 removal, deportation, or exclusion order that was 

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

23 of this Act; and 

24 (2) acts and conditions occurring or existing be25 fore, on, or after such date of enactment. 

Æ 


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