I 
110TH CONGRESS 
2D SESSION 
H. R. 6843 
To strengthen procedures regarding detention and removal of aliens. 
IN THE HOUSE OF REPRESENTATIVES 
SEPTEMBER 9, 2008 
Mr. MAHONEY of Florida introduced the following bill; which was referred to 
the Committee on the Judiciary 
A BILL 
To strengthen procedures regarding detention and removal 
of aliens. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Officer Andrew 
Widman Criminal Alien Enforcement Act of 2008’’. 
SEC. 2. DETENTION AND REMOVAL OF ALIENS ORDERED 
REMOVED. 
(a) STRENGTHENING
PROCEDURES
REGARDING 
ALIENS ORDERED REMOVED, INCLUDING DANGEROUS 
ALIENS.—Section 241(a) (8 U.S.C. 1231(a)) is amend-
ed— 
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(1) by striking ‘‘Attorney General’’ the first 
place it appears, except for the first reference in 
clause (a)(4)(B)(i), and inserting ‘‘Secretary of 
Homeland Security’’; 
(2) by striking ‘‘Attorney General’’ any other 
place it appears and inserting ‘‘Secretary’’; 
(3) in paragraph (1)— 
(A) in subparagraph (B), by amending 
clause (ii) to read as follows: 
‘‘(ii) If a court, the Board of Immigration Appeals, 
or an immigration judge orders a stay of the removal of 
the alien, the expiration date of the stay of removal.’’; 
(B) by amending subparagraph (C) to read 
as follows: 
‘‘(C) EXTENSION OF DETENTION FOR UN-
COOPERATIVE
REMOVABLE
ALIENS.—The re-
moval period shall be extended beyond a period 
of 90 days and the alien may remain in deten-
tion during such extended period if the alien 
fails or refuses to— 
‘‘(i) make all reasonable efforts to 
comply with the removal order; or 
‘‘(ii) fully cooperate with the Sec-
retary’s efforts to establish the alien’s 
identity and carry out the removal order, 
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including failing to make timely application 
in good faith for travel or other documents 
necessary to the alien’s departure, or con-
spiring or acting to prevent the alien’s re-
moval.’’; and 
(C) by adding at the end the following: 
‘‘(D) TOLLING
OF
PERIOD.—If, at the 
time described in subparagraph (B), the alien is 
not in the custody of the Secretary under the 
authority of this Act, the removal period shall 
not begin until the alien is taken into such cus-
tody. If the Secretary lawfully transfers custody 
of the alien during the removal period to an-
other Federal agency or to a State or local gov-
ernment agency in connection with the official 
duties of such agency, the removal period shall 
be tolled, and shall recommence on the date on 
which the alien is returned to the custody of the 
Secretary.’’; 
(4) in paragraph (2), by adding at the end the 
following: ‘‘If a court, the Board of Immigration Ap-
peals, or an immigration judge orders a stay of re-
moval of an alien who is subject to an administrative 
final order of removal, the Secretary, in the exercise 
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of discretion, may detain the alien during the pend-
ency of such stay of removal.’’; 
(5) in paragraph (3), by amending subpara-
graph (D) to read as follows: 
‘‘(D) to obey reasonable restrictions on the 
alien’s conduct or activities, or to perform af-
firmative acts, that the Secretary prescribes for 
the alien— 
‘‘(i) to prevent the alien from ab-
sconding; 
‘‘(ii) for the protection of the commu-
nity; or 
‘‘(iii) for other purposes related to the 
enforcement of the immigration laws.’’; 
(6) in paragraph (6), by striking ‘‘removal pe-
riod and, if released,’’ and inserting ‘‘removal period, 
in the discretion of the Secretary, without any limi-
tations other than those specified in this section, 
until the alien is removed. If an alien is released, the 
alien’’; 
(7) by redesignating paragraph (7) as para-
graph (10); and 
(8) by inserting after paragraph (6) the fol-
lowing: 
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‘‘(7) PAROLE.—If an alien detained pursuant to 
paragraph (6) is an applicant for admission, the 
Secretary of Homeland Security, in the Secretary’s 
discretion, may parole the alien under section 
212(d)(5) and may provide, notwithstanding section 
212(d)(5), that the alien shall not be returned to 
custody unless either the alien violates the conditions 
of the alien’s parole or the alien’s removal becomes 
reasonably foreseeable, provided that in no cir-
cumstance shall such alien be considered admitted. 
‘‘(8) ADDITIONAL RULES FOR DETENTION OF 
ALIENS.—The following procedures shall apply to an 
alien detained under this section: 
‘‘(A) DETENTION
REVIEW
PROCESS
FOR 
ALIENS WHO HAVE EFFECTED AN ENTRY AND 
FULLY COOPERATE WITH REMOVAL.—The Sec-
retary of Homeland Security shall establish an 
administrative review process to determine 
whether an alien described in subparagraph (B) 
should be detained or released after the removal 
period in accordance with this paragraph. 
‘‘(B) ALIEN DESCRIBED.—An alien is de-
scribed in this subparagraph if the alien— 
‘‘(i) has effected an entry into the 
United States; 
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‘‘(ii) has made all reasonable efforts 
to comply with the alien’s removal order; 
‘‘(iii) has cooperated fully with the 
Secretary’s efforts to establish the alien’s 
identity and to carry out the removal 
order, including making timely application 
in good faith for travel or other documents 
necessary for the alien’s departure; and 
‘‘(iv) has not conspired or acted to 
prevent removal. 
‘‘(C) EVIDENCE.—In making a determina-
tion under subparagraph (A), the Secretary— 
‘‘(i) shall consider any evidence sub-
mitted by the alien; 
‘‘(ii) may consider any other evidence, 
including— 
‘‘(I) any information or assist-
ance provided by the Department of 
State or other Federal agency; and 
‘‘(II) any other information avail-
able to the Secretary pertaining to the 
ability to remove the alien. 
‘‘(D) AUTHORITY TO DETAIN ALIENS FOR 
90 DAYS BEYOND REMOVAL PERIOD.—The Sec-
retary, in the exercise of the Secretary’s discre-
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tion and without any limitations other than 
those specified in this section, may detain an 
alien for 90 days beyond the removal period (in-
cluding any extension of the removal period 
under paragraph (1)(C)). 
‘‘(E) AUTHORITY TO DETAIN DANGEROUS 
ALIENS
FOR
ADDITIONAL
PERIOD.—The Sec-
retary, in the exercise of the Secretary’s discre-
tion and without any limitations other than 
those specified in this section, may detain an 
alien beyond the 90-day period authorized 
under subparagraph (D) until the alien is re-
moved, if the Secretary— 
‘‘(i) determines that there is a signifi-
cant likelihood that the alien will be re-
moved in the reasonably foreseeable future; 
or 
‘‘(ii) certifies in writing— 
‘‘(I) in consultation with the Sec-
retary of Health and Human Services, 
that the alien has a highly contagious 
disease that poses a threat to public 
safety; 
‘‘(II) after receipt of a written 
recommendation from the Secretary of 
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State, that the release of the alien 
would likely have serious adverse for-
eign policy consequences for the 
United States; 
‘‘(III) based on information avail-
able to the Secretary (including classi-
fied, sensitive, or national security in-
formation, and regardless of the 
grounds upon which the alien was or-
dered removed), that there is reason 
to believe that the release of the alien 
would threaten the national security 
of the United States; 
‘‘(IV) that— 
‘‘(aa) the release of the alien 
would threaten the safety of the 
community or any person, and 
conditions of release cannot rea-
sonably be expected to ensure the 
safety of the community or any 
person; and 
‘‘(bb) the alien— 
‘‘(AA) has been con-
victed of 1 or more aggra-
vated felonies (as defined in 
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section 101(a)(43)(A)), or of 
1 or more attempts or con-
spiracies to commit any such 
aggravated felonies for an 
aggregate term of imprison-
ment of at least 5 years; or 
‘‘(BB) has committed a 
crime of violence (as defined 
in section 16 of title 18, 
United States Code, but not 
including a purely political 
offense) and, because of a 
mental condition or person-
ality disorder and behavior 
associated with that condi-
tion or disorder, is likely to 
engage in acts of violence in 
the future; or 
‘‘(V) that— 
‘‘(aa) the release of the alien 
would threaten the safety of the 
community or any person, not-
withstanding conditions of release 
designed to ensure the safety of 
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the community or any person; 
and 
‘‘(bb) the alien has been 
convicted of 1 or more aggra-
vated felonies (as defined in sec-
tion 101(a)(43)) for which the 
alien was sentenced to an aggre-
gate term of imprisonment of not 
less than 1 year. 
‘‘(F) ATTORNEY
GENERAL
REVIEW.—If 
the Secretary authorizes an extension of deten-
tion under subparagraph (E), the alien may 
seek review of that determination before the At-
torney General. If the Attorney General con-
cludes that the alien should be released, then 
the Secretary shall release the alien pursuant to 
subparagraph (I). The Attorney General, in 
consultation with the Secretary, shall promul-
gate regulations governing review under this 
paragraph. 
‘‘(G) 
ADMINISTRATIVE
REVIEW
PROC-
ESS.—The Secretary, without any limitations 
other than those specified in this section, may 
detain an alien pending a determination under 
subparagraph (E)(ii), if the Secretary has initi-
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ated the administrative review process identified 
in subparagraph (A) not later than 30 days 
after the expiration of the removal period (in-
cluding any extension of the removal period 
under paragraph (1)(C)). 
‘‘(H) RENEWAL AND DELEGATION OF CER-
TIFICATION.— 
‘‘(i) RENEWAL.—The Secretary may 
renew a certification under subparagraph 
(E)(ii) every 6 months, without limitation, 
after providing the alien with an oppor-
tunity to request reconsideration of the 
certification and to submit documents or 
other evidence in support of that request. 
If the Secretary does not renew such cer-
tification, the Secretary shall release the 
alien, pursuant to subparagraph (I). If the 
Secretary authorizes an extension of deten-
tion under paragraph (E), the alien may 
seek review of that determination before 
the Attorney General. If the Attorney Gen-
eral concludes that the alien should be re-
leased, then the Secretary shall release the 
alien pursuant to subparagraph (I). 
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