II 

113TH CONGRESS 

2D SESSION S. 2463 

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 11, 2014 

Mr. INHOFE (for himself, Mr. GRASSLEY, Mr. SESSIONS, Mr. VITTER, and 

Mr. CRUZ) 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 2014’’. 

6 SEC. 2. SENSE OF CONGRESS. 

7 It is the sense of Congress that— 

8 (1) Constitutional rights should be upheld and 

9 protected; 


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1 (2) Congress intends to uphold the Constitu2 tional principle of due process; and 

3 (3) due process of the law is a right afforded 

4 to everyone in the United States. 

5 SEC. 3. DETENTION OF DANGEROUS ALIENS DURING RE6 MOVAL PROCEEDINGS. 

7 Section 236 of the Immigration and Nationality Act 

8 (8 U.S.C. 1226) is amended— 

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

10 such term appears (except in the second place it ap11 pears in subsection (a)) and inserting ‘‘Secretary of 

12 Homeland Security’’; 

13 (2) in subsection (a)— 

14 (A) in the matter preceding paragraph (1), 

15 by inserting ‘‘the Secretary of Homeland Secu16 rity or’’ before ‘‘the Attorney General—’’; and 

17 (B) in paragraph (2)(B), by striking ‘‘con18 ditional parole’’ and inserting ‘‘recognizance’’; 

19 (3) in subsection (b)— 

20 (A) in the subsection heading, by striking 

21 ‘‘PAROLE’’ and inserting ‘‘RECOGNIZANCE’’; 

22 and 

23 (B) by striking ‘‘parole’’ and inserting ‘‘re24 cognizance’’; 


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1 (4) in subsection (c)(1), by striking the undes2 ignated matter following subparagraph (D) and in3 serting the following: 

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

5 to whether an alien is released related to any activ6 ity, offense, or conviction described in this para7 graph; to whether the alien is released on parole, su8 pervised release, or probation; or to whether the 

9 alien may be arrested or imprisoned again for the 

10 same offense. If the activity described in this para11 graph does not result in the alien being taken into 

12 custody by any person other than the Secretary, 

13 then when the alien is brought to the attention of 

14 the Secretary or when the Secretary determines it is 

15 practical to take such alien into custody, the Sec16 retary shall take such alien into custody.’’; 

17 (5) in subsection (e), by striking ‘‘Attorney 

18 General’s’’ and inserting ‘‘Secretary of Homeland 

19 Security’s’’; and 

20 (6) by adding at the end the following: 

21 ‘‘(g) LENGTH OF DETENTION.— 

22 ‘‘(1) Notwithstanding any other provision of 

23 this section, an alien may be detained under this 

24 section for any period, without limitation, except as 


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1 provided in subsection (i), until the alien is subject 

2 to a final order of removal. 

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

4 shall not affect a detention under section 241. 

5 ‘‘(h) ADMINISTRATIVE REVIEW.— 

6 ‘‘(1) LIMITATION.—The Attorney General’s re7 view of the Secretary’s custody determinations under 

8 subsection (a) shall be limited to whether the alien 

9 may be detained, released on bond (of at least 

10 $1,500 with security approved by the Secretary), or 

11 released with no bond. Any review involving an alien 

12 described in paragraph (2)(D) shall be limited to a 

13 determination of whether the alien is properly in14 cluded in such category. 

15 ‘‘(2) CLASSES OF ALIENS.—The Attorney Gen16 eral shall review the Secretary’s custody determina17 tions for the following classes of aliens: 

18 ‘‘(A) Aliens in exclusion proceedings. 

19 ‘‘(B) Aliens described in sections 212(a)(3) 

20 and 237(a)(4). 

21 ‘‘(C) Aliens described in subsection (c). 

22 ‘‘(D) Aliens in deportation proceedings 

23 subject to section 242(a)(2) (as in effect be24 tween April 24, 1996 and April 1, 1997). 

25 ‘‘(i) RELEASE ON BOND.— 


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1 ‘‘(1) IN GENERAL.—An alien detained under 

2 subsection (a) may seek release on bond. No bond 

3 may be granted except to an alien who establishes 

4 by clear and convincing evidence that the alien is not 

5 a flight risk or a risk to another person or the com6 munity. 

7 ‘‘(2) CERTAIN ALIENS INELIGIBLE.—No alien 

8 detained under subsection (c) may seek release on 

9 bond.’’. 

10 SEC. 4. ALIENS ORDERED REMOVED. 

11 Section 241(a) of the Immigration and Nationality 

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

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

14 it appears, except for the first place it appears in 

15 paragraph (4)(B)(i), and inserting ‘‘Secretary of 

16 Homeland Security’’; 

17 (2) in paragraph (1)— 

18 (A) by amending subparagraphs (B) and 

19 (C) to read as follows: 

20 ‘‘(B) BEGINNING OF PERIOD.—The re21 moval period begins on the latest of— 

22 ‘‘(i) the date on which the order of re23 moval becomes administratively final; 

24 ‘‘(ii) the date on which the alien is 

25 taken into such custody if the alien is not 


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1 in the custody of the Secretary on the date 

2 on which the order of removal becomes ad3 ministratively final; and 

4 ‘‘(iii) the date on which the alien is 

5 taken into the custody of the Secretary 

6 after the alien is released from detention 

7 or confinement if the alien is detained or 

8 confined (except for an immigration proc9 ess) on the date on which the order of re10 moval becomes administratively final. 

11 ‘‘(C) SUSPENSION OF PERIOD.— 

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

13 shall be extended beyond a period of 90 

14 days and the Secretary may, in the Sec15 retary’s sole discretion, keep the alien in 

16 detention during such extended period, if— 

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

18 make all reasonable efforts to comply 

19 with the removal order, or to fully co20 operate with the Secretary’s efforts to 

21 establish the alien’s identity and carry 

22 out the removal order, including mak23 ing timely application in good faith 

24 for travel or other documents nec25 essary to the alien’s departure or conVerDate Mar 15 2010 06:00 Jun 13, 2014 Jkt 039200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S2463.IS S2463

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1 spires or acts to prevent the alien’s 

2 removal that is subject to an order of 

3 removal; 

4 ‘‘(II) a court, the Board of Immi5 gration Appeals, or an immigration 

6 judge orders a stay of removal of an 

7 alien who is subject to an administra8 tively final order of removal; 

9 ‘‘(III) the Secretary transfers 

10 custody of the alien pursuant to law 

11 to another Federal agency or a State 

12 or local government agency in connec13 tion with the official duties of such 

14 agency; or 

15 ‘‘(IV) a court or the Board of 

16 Immigration Appeals orders a remand 

17 to an immigration judge or the Board 

18 of Immigration Appeals, during the 

19 time period when the case is pending 

20 a decision on remand (with the re21 moval period beginning anew on the 

22 date that the alien is ordered removed 

23 on remand). 

24 ‘‘(ii) RENEWAL.—If the removal pe25 riod has been extended under clause (i), a 


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1 new removal period shall be deemed to 

2 have begun on the date on which— 

3 ‘‘(I) the alien makes all reason4 able efforts to comply with the re5 moval order, or to fully cooperate with 

6 the Secretary’s efforts to establish the 

7 alien’s identity and carry out the re8 moval order; 

9 ‘‘(II) the stay of removal is no 

10 longer in effect; or 

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

12 custody of the Secretary. 

13 ‘‘(iii) MANDATORY DETENTION FOR

14 CERTAIN ALIENS.—The Secretary shall 

15 keep an alien described in subparagraphs 

16 (A) through (D) of section 236(c)(1) in de17 tention during the extended period de18 scribed in clause (i). 

19 ‘‘(iv) SOLE FORM OF RELIEF.—An 

20 alien may only seek relief from detention 

21 under this subparagraph by filing an appli22 cation for a writ of habeas corpus in ac23 cordance with chapter 153 of title 28, 

24 United States Code. No alien whose period 

25 of detention is extended under this subVerDate Mar 15 2010 06:00 Jun 13, 2014 Jkt 039200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S2463.IS S2463

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1 paragraph shall have the right to seek re2 lease on bond.’’; 

3 (3) in paragraph (3)— 

4 (A) in the matter preceding subparagraph 

5 (A), by inserting ‘‘or is not detained pursuant 

6 to paragraph (6)’’ after ‘‘the removal period’’; 

7 and 

8 (B) by amending subparagraph (D) to 

9 read as follows: 

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

11 alien’s conduct or activities that the Secretary 

12 prescribes for the alien— 

13 ‘‘(i) to prevent the alien from ab14 sconding; 

15 ‘‘(ii) for the protection of the commu16 nity; or 

17 ‘‘(iii) for other purposes related to the 

18 enforcement of Federal immigration 

19 laws.’’; 

20 (4) in paragraph (4)(A), by striking ‘‘paragraph 

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

22 (5) by amending paragraph (6) to read as fol23 lows: 

24 ‘‘(6) ADDITIONAL RULES FOR DETENTION OR

25 RELEASE OF CERTAIN ALIENS.— 


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1 ‘‘(A) DETENTION REVIEW PROCESS FOR

2 COOPERATIVE ALIENS ESTABLISHED.— 

3 ‘‘(i) IN GENERAL.—The Secretary 

4 shall establish an administrative review 

5 process to determine whether an alien who 

6 is not otherwise subject to mandatory de7 tention, who has made all reasonable ef8 forts to comply with a removal order and 

9 to cooperate fully with the Secretary of 

10 Homeland Security’s efforts to establish 

11 the alien’s identity and carry out the re12 moval order, including making timely ap13 plication in good faith for travel or other 

14 documents necessary to the alien’s depar15 ture, and who has not conspired or acted 

16 to prevent removal should be detained or 

17 released on conditions. 

18 ‘‘(ii) DETERMINATION.—The Sec19 retary shall make a determination whether 

20 to release an alien after the removal period 

21 in accordance with subparagraph (B), 

22 which— 

23 ‘‘(I) shall include consideration of 

24 any evidence submitted by the alien; 

25 and 


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1 ‘‘(II) may include consideration 

2 of any other evidence, including— 

3 ‘‘(aa) any information or as4 sistance provided by the Sec5 retary of State or other Federal 

6 official; and 

7 ‘‘(bb) any other information 

8 available to the Secretary of 

9 Homeland Security pertaining to 

10 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 may continue to detain 

15 an alien for 90 days beyond the removal 

16 period (including any extension of the re17 moval period under paragraph (1)(C)). An 

18 alien whose detention is extended under 

19 this subparagraph shall not have the right 

20 to seek release on bond. 

21 ‘‘(ii) SPECIFIC CIRCUMSTANCES.—The 

22 Secretary of Homeland Security may con23 tinue to detain an alien beyond the 90 

24 days authorized under 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; 

7 ‘‘(bb) would be removed in 

8 the reasonably foreseeable future; 

9 or 

10 ‘‘(cc) would have been re11 moved if the alien had not— 

12 ‘‘(AA) failed or refused 

13 to make all reasonable ef14 forts to comply with the re15 moval order; 

16 ‘‘(BB) failed or refused 

17 to cooperate fully with the 

18 Secretary’s efforts to estab19 lish the alien’s identity and 

20 carry out the removal order, 

21 including making timely ap22 plication in good faith for 

23 travel or other documents 

24 necessary to the alien’s de25 parture; or 


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1 ‘‘(CC) conspired or 

2 acted to prevent removal; 

3 ‘‘(II) until the alien is removed, 

4 if the Secretary of Homeland Security 

5 certifies in writing— 

6 ‘‘(aa) in consultation with 

7 the Secretary of Health and 

8 Human Services, that the alien 

9 has a highly contagious disease 

10 that poses a threat to public safe11 ty; 

12 ‘‘(bb) after receipt of a writ13 ten recommendation from the 

14 Secretary of State, that release 

15 of the alien is likely to have seri16 ous adverse foreign policy con17 sequences for the United States; 

18 ‘‘(cc) based on information 

19 available to the Secretary of 

20 Homeland Security (including 

21 classified, sensitive, or national 

22 security information, and without 

23 regard to the grounds upon 

24 which the alien was ordered re25 moved), that there is reason to 


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1 believe that the release of the 

2 alien would threaten the national 

3 security of the United States; or 

4 ‘‘(dd) 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 of 

10 any person; and 

11 ‘‘(AA) the alien has 

12 been convicted of 1 or more 

13 aggravated felonies (as de14 fined in section 

15 101(a)(43)(A)) or of 1 or 

16 more crimes identified by 

17 the Secretary of Homeland 

18 Security by regulation, or of 

19 1 or more attempts or con20 spiracies to commit any such 

21 aggravated felonies or such 

22 identified crimes, if the ag23 gregate term of imprison24 ment for such attempts or 


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1 conspiracies is at least 5 

2 years; or 

3 ‘‘(BB) the alien has 

4 committed 1 or more crimes 

5 of violence (as defined in 

6 section 16 of title 18, 

7 United States Code, but not 

8 including a purely political 

9 offense) and, because of a 

10 mental condition or person11 ality disorder and behavior 

12 associated with that condi13 tion or disorder, the alien is 

14 likely to engage in acts of vi15 olence in the future; or 

16 ‘‘(III) pending a certification 

17 under subclause (II), if the Secretary 

18 of Homeland Security has initiated 

19 the administrative review process not 

20 later than 30 days after the expiration 

21 of the removal period (including any 

22 extension of the removal period under 

23 paragraph (1)(C)). 

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

25 An alien whose detention is extended under 


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1 this subparagraph shall not have a right to 

2 seek release on bond, including by reason 

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

4 ‘‘(C) RENEWAL AND DELEGATION OF CER5 TIFICATION.— 

6 ‘‘(i) RENEWAL.—The Secretary of 

7 Homeland Security may renew a certifi8 cation under subparagraph (B)(ii)(II) 

9 every 6 months after providing an oppor10 tunity for the alien to request reconsider11 ation of the certification and to submit 

12 documents or other evidence in support of 

13 that request. If the Secretary does not 

14 renew a certification, the Secretary may 

15 not continue to detain the alien under sub16 paragraph (B)(ii)(II). 

17 ‘‘(ii) DELEGATION.—Notwithstanding 

18 section 103, the Secretary of Homeland 

19 Security may not delegate the authority to 

20 make or renew a certification described in 

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

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

23 Secretary for Immigration and Customs 

24 Enforcement. 


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1 ‘‘(iii) HEARING.—The Secretary of 

2 Homeland Security may request that the 

3 Attorney General or the Attorney General’s 

4 designee provide for a hearing to make the 

5 determination described in subparagraph 

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

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

8 determined that an alien should be released 

9 from detention by a Federal court, the Board of 

10 Immigration Appeals, or if an immigration 

11 judge orders a stay of removal, the Secretary of 

12 Homeland Security may impose conditions on 

13 release as provided under paragraph (3). 

14 ‘‘(E) REDETENTION.— 

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

16 Homeland Security, without any limita17 tions other than those specified in this sec18 tion, may detain any alien subject to a 

19 final removal order who is released from 

20 custody if— 

21 ‘‘(I) removal becomes likely in 

22 the reasonably foreseeable future; 

23 ‘‘(II) the alien fails to comply 

24 with the conditions of release or to 


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1 continue to satisfy the conditions de2 scribed in subparagraph (A); or 

3 ‘‘(III) upon reconsideration, the 

4 Secretary determines that the alien 

5 can be detained under subparagraph 

6 (B). 

7 ‘‘(ii) APPLICABILITY.—This section 

8 shall apply to any alien returned to cus9 tody pursuant to this subparagraph as if 

10 the removal period terminated on the day 

11 of the redetention. 

12 ‘‘(F) REVIEW OF DETERMINATIONS BY

13 SECRETARY.—A determination by the Secretary 

14 under this paragraph shall not be subject to re15 view by any other agency.’’. 

16 SEC. 5. SEVERABILITY. 

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

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

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

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

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

22 and amendments made by this Act to any other person 

23 or circumstance shall not be affected by such holding. 


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1 SEC. 6. EFFECTIVE DATES. 

2 (a) APPREHENSION AND DETENTION OF ALIENS.— 

3 The amendments made by section 3 shall take effect on 

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

5 Immigration and Nationality Act, as amended by section 

6 3, shall apply to any alien in detention under the provi7 sions of such section on or after such date of enactment. 

8 (b) ALIENS ORDERED REMOVED.—The amendments 

9 made by section 4 shall take effect on the date of the en10 actment of this Act. Section 241 of the Immigration and 

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

12 (1) all aliens subject to a final administrative 

13 removal, deportation, or exclusion order that was 

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

15 of this Act; and 

16 (2) acts and conditions occurring or existing be17 fore, on, or after such date of enactment. 

Æ 


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