mine whether there was probable cause for such 
arrest, including probable cause to believe that 
the alien would have knowingly and willfully 
failed to appear as required under subpara-
graph (B) if the alien had not been arrested, 
which burden to establish probable cause shall 
be on the Department of Homeland Security;’’. 
(c) MANDATORY DETENTION REPEALED.— 
(1) IN GENERAL.—The Immigration and Na-
tionality Act (8 U.S.C. 1101 et seq.) is amended— 
(A) in section 235(b) (8 U.S.C. 1225(b))— 
(i) in paragraph (1)(B)— 
(I) in clause (ii), by striking ‘‘de-
tained’’ and inserting ‘‘referred’’; and 
(II) in clause (iii), by striking 
subclause (IV); and 
(ii) in paragraph (2)(A), by striking 
‘‘detained’’ and inserting ‘‘referred’’; 
(B) by striking section 236A (8 U.S.C. 
1226); 
(C) 
in 
section 
238(a)(2) 
(8 
U.S.C. 
1228(a)(2)), by striking ‘‘pursuant to section 
236(c),’’; and 
(D) 
in 
section 
506(a)(2) 
(8 
U.S.C. 
1536(a)(2))— 
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pbinns on DSKJLVW7X2PROD with BILLS
(i) by amending the heading to read 
as 
follows: 
‘‘RELEASE
HEARING
FOR 
ALIENS DETAINED’’; and 
(ii) in subparagraph (A)— 
(I) by amending the heading to 
read as follows: ‘‘IN GENERAL’’; 
(II) in the matter preceding 
clause (i), by striking ‘‘lawfully admit-
ted for permanent residence’’; 
(III) by striking clause (i); and 
(IV) by redesignating clauses (ii) 
and (iii) as clauses (i) and (ii), respec-
tively. 
(2) CONFORMING AMENDMENTS.— 
(A) The table of sections for the Immigra-
tion and Nationality Act (8 U.S.C. 1101 et 
seq.) is amended by striking the item relating 
to section 236A. 
(B) Section 241(c)(3)(A)(ii) of the Immi-
gration 
and 
Nationality 
Act 
(8 
U.S.C. 
1231(c)(3)(A)(ii)) is amended— 
(C) in subclause (I), by striking the comma 
at the end and inserting ‘‘; or’’; 
(D) in subclause (II), by striking ‘‘, or’’ 
and inserting a period; and 
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(E) by striking subclause (III). 
(d) ALIENS ORDERED REMOVED.— 
(1) IN GENERAL.—Section 241(a) of the Immi-
gration and Nationality Act (8 U.S.C. 1231(a)) is 
amended— 
(A) in paragraph (1), by striking ‘‘90 
days’’ each place it appears and inserting ‘‘60 
days’’; 
(B) by amending paragraph (2) to read as 
follows: 
‘‘(2) 
INITIAL
CUSTODY
REDETERMINATION 
HEARING.— 
‘‘(A) IN
GENERAL.—Not later than 72 
hours after the entry of a final administrative 
order of removal, the alien ordered removed 
shall be provided with a custody redetermina-
tion hearing before an immigration judge. 
‘‘(B) PRESUMPTION OF DETENTION.—For 
purposes of the hearing under subparagraph 
(A), the alien shall be detained during the re-
moval period unless the alien demonstrates by 
the preponderance of the evidence that— 
‘‘(i) the alien’s removal is not reason-
ably foreseeable; and 
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‘‘(ii) the alien does not pose a risk to 
the safety of any individual or to the com-
munity.’’; 
(C) in paragraph (3)— 
(i) in the paragraph heading, by strik-
ing ‘‘90-DAY’’ and inserting ‘‘60-DAY’’; and 
(ii) in the matter preceding subpara-
graph (A), by striking ‘‘the alien, pending 
removal, shall be subject to supervision 
under’’ and inserting the following: ‘‘except 
as provided in paragraph (6), any alien 
who has been detained during the removal 
period shall be released from custody, 
pending removal, subject to individualized 
supervision requirements in accordance 
with’’; 
(D) by amending paragraph (6) to read as 
follows: 
‘‘(6) SUBSEQUENT
CUSTODY
REDETERMINA-
TION HEARINGS.— 
‘‘(A) IN
GENERAL.—The Secretary of 
Homeland Security may request a subsequent 
redetermination hearing before an immigration 
judge seeking continued detention for an alien 
ordered to be detained pursuant to paragraph 
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pbinns on DSKJLVW7X2PROD with BILLS
(2) who has not been removed within the re-
moval period. 
‘‘(B) STANDARD.—An alien may only be 
detained after the removal period upon a show-
ing by the Secretary of Homeland Security 
that— 
‘‘(i) the alien’s removal is reasonably 
foreseeable; or 
‘‘(ii) the alien poses a risk to the safe-
ty of an individual or the community, 
which may only be established based on 
credible and individualized information and 
may not be established based only on the 
fact that the alien has been charged with 
or is suspected of a crime. 
‘‘(C) PERIOD OF DETENTION.— 
‘‘(i) IN GENERAL.—An alien may not 
be detained pursuant to an order under 
this paragraph for longer than a 60-day 
period. 
‘‘(ii) 
SUBSEQUENT
REDETERMINA-
TION HEARING.—The Secretary of Home-
land Security may seek subsequent redeter-
mination hearings under this paragraph in 
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order to continue detaining an alien be-
yond each such 60-day period.’’; and 
(E) by striking paragraph (7). 
(2) TECHNICAL
AND
CONFORMING
AMEND-
MENTS.—The Immigration and Nationality Act (8 
U.S.C. 1101 et seq.) is amended— 
(A) in section 238 (8 U.S.C. 1228)— 
(i) in subsection (a)(1)— 
(I) by moving the paragraph 2 
ems to the right; 
(II) by amending the paragraph 
heading to read as follows: ‘‘IN GEN-
ERAL’’; and 
(III) in the first sentence— 
(aa) by striking ‘‘section 
241(a)(2)(A)(iii)’’ and inserting 
‘‘section 237(a)(2)(A)(iii)’’; 
(bb) by striking ‘‘section 
241(a)(2)(A)(ii)’’ and inserting 
‘‘section 237(a)(2)(A)(ii)’’; and 
(cc) by striking ‘‘section 
241(a)(2)(A)(i)’’ and inserting 
‘‘237(a)(2)(A)(i)’’; 
(ii) in the second subsection (c)— 
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