185 
(6) in paragraph (6), by inserting ‘‘, subject to 
the provisions of paragraph (8)’’ after ‘‘beyond the 
removal period’’; 
(7) by redesignating paragraph (7) as para-
graph (11); 
(8) by inserting after paragraph (6) the fol-
lowing: 
‘‘(7) PAROLE.— 
‘‘(A) IN GENERAL.—If an alien detained 
pursuant to paragraph (6) is an applicant for 
admission and is released from detention, such 
release shall be considered to be made as an ex-
ercise of the Secretary’s parole authority under 
212(d)(5). Notwithstanding section 212(d)(5), 
the Secretary may provide that the alien shall 
not be returned to custody unless— 
‘‘(i) the alien violates the conditions of 
the alien’s parole under this section; 
‘‘(ii) the alien’s removal becomes rea-
sonably foreseeable; or 
‘‘(iii) the alien violates the conditions 
set out in paragraph (3). 
‘‘(B) NOT AN ADMISSION.—Under no cir-
cumstance shall an alien paroled under this sec-
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186 
tion be considered admitted to the United 
States. 
‘‘(8) ADDITIONAL RULES FOR DETENTION OR 
RELEASE OF ALIENS BEYOND REMOVAL PERIOD.— 
‘‘(A) DETENTION
AFTER
REMOVAL
PE-
RIOD.—The Secretary is authorized to detain 
an alien who has effected an entry into the 
United States— 
‘‘(i) for not more than 90 days beyond 
the removal period if the Secretary is seek-
ing to make a certification described in 
subparagraph (B) for the alien; or 
‘‘(ii) for more than 90 days beyond 
the removal period if the Secretary has 
made a certification described in subpara-
graph (B) for the alien, subject to the con-
ditions set out in this paragraph. 
‘‘(B) CERTIFICATION.—A certification de-
scribed in this subparagraph is a written certifi-
cation made by the Secretary in which the Sec-
retary determines— 
‘‘(i) that the alien is significantly like-
ly to be removed in the reasonably foresee-
able future; 
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187 
‘‘(ii) that the alien has failed to make 
a timely application, in good faith, for 
travel documents or has otherwise con-
spired or acted to prevent the removal of 
the alien; 
‘‘(iii) that the alien would have been 
removed if the alien had not— 
‘‘(I) failed or refused to make all 
reasonable efforts to comply with the 
removal order; 
‘‘(II) failed or refused to fully co-
operate with the efforts of the Sec-
retary to establish the alien’s identity 
and carry out the removal order, in-
cluding failing to submit a timely ap-
plication, in good faith, for travel or 
other documents necessary for the 
alien’s departure from the United 
States; or 
‘‘(III) conspired or acted to pre-
vent such removal; 
‘‘(iv) 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, in 
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188 
which case the alien may be quarantined in 
a civil medical facility; 
‘‘(v) on the basis of information avail-
able to the Secretary (including classified 
and national security information), regard-
less of the grounds upon which the alien 
was ordered removed and pursuant to a 
written certification under section 236A, 
that there is reason to believe that the re-
lease of the alien would threaten the na-
tional security of the United States; or 
‘‘(vi) that the release of the alien 
would threaten the safety of the commu-
nity, notwithstanding conditions of release 
designed to ensure the safety of the com-
munity or any person and the alien— 
‘‘(I) has been convicted of 1 or 
more aggravated felonies (as defined 
in section 101(a)(43)(A)), or of 1 or 
more attempts or conspiracies to com-
mit any such aggravated felonies for 
which the alien served an aggregate 
term of imprisonment of at least 5 
years and the alien is likely to engage 
in acts of violence in the future; or 
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189 
‘‘(II) because of a mental condi-
tion or personality disorder (certified 
under section 232(b)) and behavior 
associated with that condition or dis-
order, is likely to engage in acts of vi-
olence in the future, in which case the 
alien may be referred for review and 
evaluation for civil commitment pur-
suant to the civil commitment statute 
of the State in which the alien resides. 
‘‘(C) DELEGATION.—Notwithstanding any 
other provision of law, the Secretary may not 
delegate the authority to make a certification 
described in subparagraph (B) to any official 
lower than the Assistant Secretary for Immi-
gration and Customs Enforcement. 
‘‘(D) ADMINISTRATIVE REVIEW.— 
‘‘(i) IN
GENERAL.—The Secretary 
shall establish an administrative review 
process to permit an alien to appeal a deci-
sion by the Secretary to detain the alien 
after the removal period under subpara-
graph (A) or to extend the removal period 
for the alien under paragraph (1)(C). 
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190 
‘‘(ii) REVIEW.—An immigration judge 
shall review a determination by the Sec-
retary to detain an alien under subpara-
graph (A) or paragraph (1)(C). An immi-
gration judge shall uphold such determina-
tion of the Secretary if the Secretary es-
tablishes at a hearing, by clear and con-
vincing evidence, that such detention is au-
thorized under subparagraph (A) or para-
graph (1)(C). In making this determina-
tion, the court shall disclose, if otherwise 
discoverable, to the alien, the counsel of 
the alien, or both, under procedures and 
standards set forth in the Classified Infor-
mation Procedures Act (18 U.S.C. App.), 
any evidence that the Secretary relied on 
in making a determination under this sec-
tion unless the court finds that such disclo-
sure would not assist in determining any 
legal or factual issue pertinent to the case. 
The decision of the immigration judge 
shall not be subject to appeal, but shall be 
reviewable in a habeas corpus proceeding 
under section 2241 of title 28, United 
States Code. 
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191 
‘‘(E) RENEWAL
OF
EXTENDED
DETEN-
TION.— 
‘‘(i) RENEWAL OF DETENTION.—The 
Secretary may renew a certification under 
subparagraph (B) every 180 days after 
providing the alien with an opportunity to 
submit documents or other evidence in 
support of release. Unless the Secretary 
determines that continued detention under 
subparagraph (A) or paragraph (1)(C) is 
warranted, the Secretary shall release the 
alien subject to the conditions of super-
vision described in paragraph (3). 
‘‘(ii) REVIEW.—Any renewal of a cer-
tification under clause (i) shall be subject 
to review as described in subparagraph (E) 
and any such review shall be completed be-
fore the date that is 180 days after the 
date the alien’s detention was continued 
under subparagraph (A) or paragraph 
(1)(C) or the date of the previous renewal 
of such detention under clause (i). 
‘‘(F) 
APPLICABILITY.—This 
paragraph 
and paragraphs (6) and (7) shall apply to any 
alien returned to custody under paragraph (9) 
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192 
as if the removal period terminated on the day 
of the redetention. 
‘‘(9) REDETENTION.—The Secretary may not 
detain any alien subject to a final removal order who 
has previously been released from custody unless— 
‘‘(A) the alien fails to comply with the con-
ditions of departure applicable to the alien; 
‘‘(B) the alien fails to continue to satisfy 
the conditions of supervision under paragraph 
(3); or 
‘‘(C) upon reconsideration, the Secretary 
makes a certification for the alien described in 
paragraph (8)(B). 
‘‘(10) JUDICIAL
REVIEW.—Without regard to 
the place of confinement, judicial review of any ac-
tion or decision made pursuant to paragraph (6), 
(7), or (8) shall be available exclusively in a habeas 
corpus proceeding brought in a United States dis-
trict court in the judicial district in which the alien 
is detained or in which the alien’s removal pro-
ceeding was initiated.’’. 
(b) EFFECTIVE DATE.—The amendments made by 
this section— 
(1) shall take effect on the date of the enact-
ment of this Act; and 
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