documents or other evidence in support of 
that request. If the Secretary does not 
renew a certification, the Secretary may 
not continue to detain the alien under sub-
paragraph (B)(ii)(II). 
‘‘(ii) DELEGATION.—Notwithstanding 
section 103, the Secretary of Homeland 
Security may not delegate the authority to 
make or renew a certification described in 
item (bb), (cc), or (dd) of subparagraph 
(B)(ii)(II) below the level of the Assistant 
Secretary for Immigration and Customs 
Enforcement. 
‘‘(iii) HEARING.—The Secretary of 
Homeland Security may request that the 
Attorney General or the Attorney General’s 
designee provide for a hearing to make the 
determination described in item (dd)(BB) 
of subparagraph (B)(ii)(II). 
‘‘(D) RELEASE ON CONDITIONS.—If it is 
determined that an alien should be released 
from detention by a Federal court, the Board of 
Immigration Appeals, or if an immigration 
judge orders a stay of removal, the Secretary of 
Homeland Security, in the exercise of the Sec-
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retary’s discretion, may impose conditions on 
release as provided in paragraph (3). 
‘‘(E) REDETENTION.—The Secretary of 
Homeland Security, in the exercise of the Sec-
retary’s discretion, without any limitations 
other than those specified in this section, may 
again detain any alien subject to a final re-
moval order who is released from custody, if re-
moval becomes likely in the reasonably foresee-
able future, the alien fails to comply with the 
conditions of release, or to continue to satisfy 
the conditions described in subparagraph (A), 
or if, upon reconsideration, the Secretary, in 
the Secretary’s sole discretion, determines that 
the alien can be detained under subparagraph 
(B). This section shall apply to any alien re-
turned to custody pursuant to this subpara-
graph, as if the removal period terminated on 
the day of the redetention. 
‘‘(F) REVIEW
OF
DETERMINATIONS
BY 
SECRETARY.—A determination by the Secretary 
under this paragraph shall not be subject to re-
view by any other agency.’’. 
(b) DETENTION OF ALIENS DURING REMOVAL PRO-
CEEDINGS.— 
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(1) CLERICAL AMENDMENT.—(A) Section 236 
of the Immigration and Nationality Act (8 U.S.C. 
1226) is amended by striking ‘‘Attorney General’’ 
each place it appears (except in the second place 
that term appears in section 236(a)) and inserting 
‘‘Secretary of Homeland Security’’. 
(B) Section 236(a) of the Immigration and Na-
tionality Act (8 U.S.C. 1226(a)) is amended by in-
serting ‘‘the Secretary of Homeland Security or’’ be-
fore ‘‘the Attorney General—’’. 
(C) Section 236(e) of the Immigration and Na-
tionality Act (8 U.S.C. 1226(e)) is amended by 
striking ‘‘Attorney General’s’’ and inserting ‘‘Sec-
retary of Homeland Security’s’’. 
(2) LENGTH OF DETENTION.—Section 236 of 
the Immigration and Nationality Act (8 U.S.C. 
1226) is amended by adding at the end the following 
subsection: 
‘‘(f) LENGTH OF DETENTION.— 
‘‘(1) Notwithstanding any other provision of 
this section, an alien may be detained under this 
section for any period, without limitation, except as 
provided in subsection (h), until the alien is subject 
to a final order of removal. 
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‘‘(2) The length of detention under this section 
shall not affect detention under section 241 of this 
Act.’’. 
(3) DETENTION OF CRIMINAL ALIENS.—Section 
236(c)(1) of the Immigration and Nationality Act (8 
U.S.C. 1226(c)(1)) is amended, in the matter fol-
lowing subparagraph (D) to read as follows: 
‘‘any time after the alien is released, without regard 
to whether an alien is released related to any activ-
ity, offense, or conviction described in this para-
graph; to whether the alien is released on parole, su-
pervised release, or probation; or to whether the 
alien may be arrested or imprisoned again for the 
same offense. If the activity described in this para-
graph does not result in the alien being taken into 
custody by any person other than the Secretary, 
then when the alien is brought to the attention of 
the Secretary or when the Secretary determines it is 
practical to take such alien into custody, the Sec-
retary shall take such alien into custody.’’. 
(4) ADMINISTRATIVE REVIEW.—Section 236 of 
the Immigration and Nationality Act (8 U.S.C. 
1226) is amended by adding at the end the following 
subsection: 
‘‘(g) ADMINISTRATIVE REVIEW.— 
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‘‘(1) The Attorney General’s review of the Sec-
retary’s custody determinations under section 236(a) 
shall be limited to whether the alien may be de-
tained, released on bond (of at least $1,500 with se-
curity approved by the Secretary), or released with 
no bond. 
‘‘(2) The Attorney General’s review of the Sec-
retary’s custody determinations for the following 
classes of aliens: 
‘‘(A) Aliens in exclusion proceedings. 
‘‘(B) Aliens described in sections 212(a)(3) 
and 237(a)(4). 
‘‘(C) Aliens described in section 236(c). 
‘‘(D) Aliens in deportation proceedings 
subject to section 242(a)(2) of the Act (as in 
effect prior to April 1, 1997, and as amended 
by section 440(c) of Public Law 104–132); is 
limited to a determination of whether the alien 
is properly included in such category. 
‘‘(h) RELEASE ON BOND.— 
‘‘(1) IN
GENERAL.—An alien detained under 
subsection (a) may seek release on bond. No bond 
may be granted except to an alien who establishes 
by clear and convincing evidence that the alien is not 
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a flight risk or a risk to another person or the com-
munity. 
‘‘(2) CERTAIN ALIENS INELIGIBLE.—No alien 
detained under subsection (c) may seek release on 
bond.’’. 
(5) 
CLERICAL
AMENDMENTS.—(A) 
Section 
236(a)(2)(B) of the Immigration and Nationality 
Act (8 U.S.C. 1226(a)(2)(B)) is amended by strik-
ing out ‘‘conditional parole’’ and inserting in lieu 
thereof ‘‘recognizance’’. 
(B) Section 236(b) of the Immigration and Na-
tionality Act (8 U.S.C. 1226(b)) is amended by 
striking ‘‘parole’’ and inserting ‘‘recognizance’’. 
(c) SEVERABILITY.—If any of the provisions of this 
Act or any amendment by this Act, or the application of 
any such provision to any person or circumstance, is held 
to be invalid for any reason, the remainder of this Act 
and of amendments made by this Act, and the application 
of the provisions and of the amendments made by this Act 
to any other person or circumstance shall not be affected 
by such holding. 
(d) EFFECTIVE DATES.— 
(1) The amendments made by subsection (a) 
shall take effect upon the date of enactment of this 
Act, and section 241 of the Immigration and Na-
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tionality Act, as so amended, shall in addition apply 
to— 
(A) all aliens subject to a final administra-
tive removal, deportation, or exclusion order 
that was issued before, on, or after the date of 
enactment of this Act; and 
(B) acts and conditions occurring or exist-
ing before, on, or after the date of enactment 
of this Act. 
(2) The amendments made by subsection (b) 
shall take effect upon the date of enactment of this 
Act, and section 236 of the Immigration and Na-
tionality Act, as so amended, shall in addition apply 
to any alien in detention under provisions of such 
section on or after the date of enactment of this Act. 
SEC. 3. SENSE OF THE CONGRESS. 
It is the sense of the Congress that— 
(1) this Act should ensure that Constitutional 
rights are upheld and protected; and 
(2) it is the intention of the Congress to uphold 
the Constitutional principles of due process and that 
due process of the law is a right afforded to every-
one in the United States. 
Æ 
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