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-
retary’s discretion, may impose conditions on 
release as provided in paragraph (3). 
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‘‘(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.— 
(1) CLERICAL AMENDMENT.—(A) Section 236 
of the Immigration and Nationality Act (8 U.S.C. 
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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 such Act (8 U.S.C. 
1226(a)) is amended by inserting ‘‘the Secretary of 
Homeland Security or’’ before ‘‘the Attorney Gen-
eral—’’. 
(C) Section 236(e) of such Act (8 U.S.C. 
1226(e)) is amended by striking ‘‘Attorney Gen-
eral’s’’ and inserting ‘‘Secretary of Homeland Secu-
rity’s’’. 
(2) LENGTH OF DETENTION.—Section 236 of 
such Act (8 U.S.C. 1226) is amended by adding at 
the end the following: 
‘‘(f) LENGTH OF DETENTION.— 
‘‘(1) IN GENERAL.—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. 
‘‘(2) CONSTRUCTION.—The length of detention 
under this section shall not affect detention under 
section 241.’’. 
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(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), as amended by paragraph (2), is further 
amended by adding at the end the following: 
‘‘(g) ADMINISTRATIVE REVIEW.— 
‘‘(1) IN GENERAL.—The Attorney General’s re-
view of the Secretary’s custody determinations under 
subsection (a) for the following classes of aliens shall 
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be limited to whether the alien may be detained, re-
leased on bond (of at least $1,500 with security ap-
proved by the Secretary), or released with no bond: 
‘‘(A) Aliens in exclusion proceedings. 
‘‘(B) Aliens described in section 212(a)(3) 
or 237(a)(4). 
‘‘(C) Aliens described in subsection (c). 
‘‘(2) SPECIAL RULE.—The Attorney General’s 
review of the Secretary’s custody determinations 
under subsection (a) for aliens in deportation pro-
ceedings 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) shall be lim-
ited to a determination of whether the alien is prop-
erly 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 
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.’’. 
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(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 ‘‘conditional parole’’ and inserting ‘‘recog-
nizance’’. 
(B) Section 236(b) of such Act (8 U.S.C. 
1226(b)) is amended by striking ‘‘parole’’ and in-
serting ‘‘recognizance’’. 
(c) SEVERABILITY.—If any of the provisions of this 
section or any amendment by this section, or the applica-
tion of any such provision to any person or circumstance, 
is held to be invalid for any reason, the remainder of this 
section and of amendments made by this section, and the 
application of the provisions and of the amendments made 
by this section 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-
tionality Act, as so amended, shall in addition apply 
to— 
(A) all aliens subject to a final administra-
tive removal, deportation, or exclusion order 
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