IB 
Union Calendar No. 171 
112TH CONGRESS 
1ST SESSION H. R. 1932 
[Report No. 112–255] 
To amend the Immigration and Nationality Act to provide for extensions 
of detention of certain aliens ordered removed, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
MAY 23, 2011 
Mr. SMITH of Texas introduced the following bill; which was referred to the 
Committee on the Judiciary 
OCTOBER 18, 2011 
Additional sponsors: Mr. ROSS of Florida, Mr. ROHRABACHER, Mr. BART-
LETT, Mr. ROYCE, Mr. MILLER of Florida, Mr. WESTMORELAND, Mr. 
SIMPSON, Mr. MARCHANT, Mr. BACHUS, Mrs. MYRICK, Mr. COFFMAN of 
Colorado, Mr. LANKFORD, Ms. FOXX, Mr. PLATTS, Mr. WOODALL, Mr. 
GARY G. MILLER of California, Mr. FORBES, Mr. MACK, Mr. MULVANEY, 
Mr. BROOKS, Mr. MANZULLO, Mr. HERGER, Mr. HUNTER, and Mr. 
BILBRAY 
OCTOBER 18, 2011 
Reported with an amendment, committed to the Committee of the Whole 
House on the State of the Union, and ordered to be printed 
[Strike out all after the enacting clause and insert the part printed in italic] 
[For text of introduced bill, see copy of bill as introduced on May 23, 2011] 
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A BILL 
To amend the Immigration and Nationality Act to provide 
for extensions of detention of certain aliens ordered re-
moved, and for other purposes. 
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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 ‘‘Keep Our Communities 
Safe Act of 2011’’. 
SEC. 2. DETENTION OF DANGEROUS ALIENS. 
(a) IN GENERAL.—Section 241(a) of the Immigration 
and Nationality Act (8 U.S.C. 1231(a)) is amended— 
(1) by striking out ‘‘Attorney General’’ each 
place it appears, except for the first reference in sub-
section (a)(4)(B)(i), and inserting ‘‘Secretary of 
Homeland Security’’; 
(2) in paragraph (1), by amending subpara-
graph (B) to read as follows: 
‘‘(B) BEGINNING OF PERIOD.—The removal 
period begins on the latest of the following: 
‘‘(i) The date the order of removal be-
comes administratively final. 
‘‘(ii) If the alien is not in the custody 
of the Secretary on the date the order of re-
moval becomes administratively final, the 
date the alien is taken into such custody. 
‘‘(iii) If the alien is detained or con-
fined (except under an immigration proc-
ess) on the date the order of removal be-
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comes administratively final, the date the 
alien is taken into the custody of the Sec-
retary, after the alien is released from such 
detention or confinement.’’; 
(3) in paragraph (1), by amending subpara-
graph (C) to read as follows: 
‘‘(C) SUSPENSION OF PERIOD.— 
‘‘(i) EXTENSION.—The removal period 
shall be extended beyond a period of 90 
days and the alien may remain in deten-
tion during such extended period if— 
‘‘(I) the alien fails or refuses to 
make all reasonable efforts to comply 
with the removal order, or to fully co-
operate with the Secretary’s efforts to 
establish the alien’s identity and carry 
out the removal order, including mak-
ing timely application in good faith 
for travel or other documents necessary 
to the alien’s departure or conspires or 
acts to prevent the alien’s removal that 
is subject to an order of removal; 
‘‘(II) a court, the Board of Immi-
gration Appeals, or an immigration 
judge orders a stay of removal of an 
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alien who is subject to an administra-
tively final order of removal; or 
‘‘(III) the Secretary transfers cus-
tody of the alien pursuant to law to 
another Federal agency or a State or 
local government agency in connection 
with the official duties of such agency. 
‘‘(ii) RENEWAL.—If the removal period 
has been extended under clause (C)(i), a 
new removal period shall be deemed to have 
begun on the date— 
‘‘(I) the alien makes all reasonable 
efforts to comply with the removal 
order, or to fully cooperate with the 
Secretary’s efforts to establish the 
alien’s identity and carry out the re-
moval order; 
‘‘(II) the stay of removal is no 
longer in effect; or 
‘‘(III) the alien is returned to the 
custody of the Secretary.’’; 
(4) in paragraph (3)— 
(A) by adding after ‘‘If the alien does not 
leave or is not removed within the removal pe-
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riod’’ the following: ‘‘or is not detained pursuant 
to paragraph (6) of this subsection’’; and 
(B) by striking subparagraph (D) and in-
serting the following: 
‘‘(D) to obey reasonable restrictions on the 
alien’s conduct or activities that the Secretary 
prescribes for the alien, in order to prevent the 
alien from absconding, for the protection of the 
community, or for other purposes related to the 
enforcement of the immigration laws.’’; 
(5) in paragraph (4)(A), by striking ‘‘paragraph 
(2)’’ and inserting ‘‘subparagraph (B)’’; 
(6) by striking paragraph (6) and inserting the 
following: 
‘‘(6) ADDITIONAL RULES FOR DETENTION OR RE-
LEASE OF CERTAIN ALIENS.— 
‘‘(A) DETENTION REVIEW PROCESS FOR CO-
OPERATIVE ALIENS ESTABLISHED.—For an alien 
who is not otherwise subject to mandatory deten-
tion, who has made all reasonable efforts to com-
ply with a removal order and to cooperate fully 
with the Secretary of Homeland Security’s ef-
forts to establish the alien’s identity and carry 
out the removal order, including making timely 
application in good faith for travel or other doc-
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uments necessary to the alien’s departure, and 
who has not conspired or acted to prevent re-
moval, the Secretary shall establish an adminis-
trative review process to determine whether the 
alien should be detained or released on condi-
tions. The Secretary shall make a determination 
whether to release an alien after the removal pe-
riod in accordance with subparagraph (B). The 
determination shall include consideration of any 
evidence submitted by the alien, and may in-
clude consideration of any other evidence, includ-
ing any information or assistance provided by 
the Secretary of State or other Federal official 
and any other information available to the Sec-
retary of Homeland Security pertaining to the 
ability to remove the alien. 
‘‘(B) AUTHORITY TO DETAIN BEYOND RE-
MOVAL PERIOD.— 
‘‘(i) IN
GENERAL.—The Secretary of 
Homeland Security, in the exercise of the 
Secretary’s discretion, may continue to de-
tain an alien for 90 days beyond the re-
moval period (including any extension of 
the removal period as provided in para-
graph (1)(C)). 
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‘‘(ii) SPECIFIC CIRCUMSTANCES.—The 
Secretary of Homeland Security, in the ex-
ercise of the Secretary’s discretion, may 
continue to detain an alien beyond the 90 
days authorized in clause (i)— 
‘‘(I) until the alien is removed, if 
the Secretary determines that there is a 
significant likelihood that the alien— 
‘‘(aa) will be removed in the 
reasonably foreseeable future; or 
‘‘(bb) would be removed in 
the reasonably foreseeable future, 
or would have been removed, but 
for the alien’s failure or refusal to 
make all reasonable efforts to com-
ply with the removal order, or to 
cooperate fully with the Sec-
retary’s efforts to establish the 
alien’s identity and carry out the 
removal order, including making 
timely application in good faith 
for travel or other documents nec-
essary to the alien’s departure, or 
conspires or acts to prevent re-
moval; 
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threaten the national security of 
the United States; or 
‘‘(dd) that the release of the 
alien will threaten the safety of 
the community or any person, 
conditions of release cannot rea-
sonably be expected to ensure the 
safety of the community or any 
person, and either (AA) the alien 
has been convicted of one or more 
aggravated felonies (as defined in 
section 101(a)(43)(A)) or of one or 
more crimes identified by the Sec-
retary of Homeland Security by 
regulation, or of one or more at-
tempts or conspiracies to commit 
any such aggravated felonies or 
such identified crimes, if the ag-
gregate term of imprisonment for 
such attempts or conspiracies is 
at least 5 years; or (BB) the alien 
has committed one or more crimes 
of violence (as defined in section 
16 of title 18, United States Code, 
but not including a purely polit-
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ical offense) and, because of a 
mental condition or personality 
disorder and behavior associated 
with that condition or disorder, 
the alien is likely to engage in 
acts of violence in the future; or 
‘‘(ee) that the release of the 
alien will threaten the safety of 
the community or any person, 
conditions of release cannot rea-
sonably be expected to ensure the 
safety of the community or any 
person, and the alien has been 
convicted of at least one aggra-
vated felony (as defined in section 
101(a)(43)); or 
‘‘(III) pending a certification 
under subclause (II), so long as the 
Secretary of Homeland Security has 
initiated the administrative review 
process not later than 30 days after the 
expiration of the removal period (in-
cluding any extension of the removal 
period, as provided in paragraph 
(1)(C)). 
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‘‘(C) RENEWAL AND DELEGATION OF CER-
TIFICATION.— 
‘‘(i) 
RENEWAL.—The 
Secretary 
of 
Homeland Security may renew a certifi-
cation under subparagraph (B)(ii)(II) every 
6 months, after providing an opportunity 
for the alien to request reconsideration of 
the certification and to submit 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 subparagraph (B)(ii)(II). 
‘‘(ii) DELEGATION.—Notwithstanding 
section 103, the Secretary of Homeland Se-
curity may not delegate the authority to 
make or renew a certification described in 
item (bb), (cc), or (ee) 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 
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determination described in item (dd)(BB) of 
subparagraph (B)(ii)(II). 
‘‘(D) RELEASE ON CONDITIONS.—If it is de-
termined that an alien should be released from 
detention by a Federal court, the Board of Immi-
gration Appeals, or if an immigration judge or-
ders a stay of removal, the Secretary of Home-
land Security, in the exercise of the Secretary’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 removal order 
who is released from custody, if removal becomes 
likely in the reasonably foreseeable future, the 
alien fails to comply with the conditions of re-
lease, or to continue to satisfy the conditions de-
scribed in subparagraph (A), or if, upon recon-
sideration, the Secretary determines that the 
alien can be detained under subparagraph (B). 
This section shall apply to any alien returned to 
custody pursuant to this subparagraph, as if the 
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removal period terminated on the day of the re-
detention.’’; and 
(7) by inserting after paragraph (7) the fol-
lowing: 
‘‘(8) JUDICIAL REVIEW.—Without regard to the 
place of confinement, judicial review of any action or 
decision pursuant to this section shall be available ex-
clusively in habeas corpus proceedings instituted in 
the United States District Court for the District of 
Columbia, and only if the alien has exhausted all ad-
ministrative remedies (statutory and regulatory) 
available to the alien as of right.’’. 
(b) DETENTION OF ALIENS DURING REMOVAL PRO-
CEEDINGS.— 
(1) CLERICAL
AMENDMENT.—(A) Sections 235 
and 236 of the Immigration and Nationality Act (8 
U.S.C. 1225 and 1226) are amended by striking ‘‘At-
torney 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—’’. 
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(C) Section 236(e) of the Immigration and Na-
tionality Act (8 U.S.C. 1226(e)) is amended by strik-
ing ‘‘Attorney General’s’’ and inserting ‘‘Secretary of 
Homeland Security’s’’. 
(2) LENGTH OF DETENTION OF CERTAIN ALIENS; 
VENUE FOR CERTAIN ACTIONS.—Section 235 of the 
Immigration and Nationality Act (8 U.S.C. 1225) is 
amended by adding at the end the following: 
‘‘(e) LENGTH OF DETENTION.— 
‘‘(1) Notwithstanding any other provision of this 
section, an alien may be detained under this section, 
without limitation, until the alien is subject to an 
final order of removal. 
‘‘(2) The length of detention under this section 
shall not affect any detention under section 241. 
‘‘(f) JUDICIAL REVIEW.—Without regard to the place 
of confinement, judicial review of any action or decision 
made pursuant to subsection (e) shall be available exclu-
sively in a habeas corpus proceeding instituted in the 
United States District Court for the District of Columbia 
and only if the alien has exhausted all administrative rem-
edies (statutory and nonstatutory) available to the alien as 
of right.’’. 
(3) VENUE FOR CERTAIN ACTIONS SEEKING JUDI-
CIAL REVIEW OF LENGTH OF DETENTION.—Section 
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236(e) of the Immigration and Nationality Act (8 
U.S.C. 1226(e)) is amended by adding the following 
at the end: ‘‘Without regard to the place of confine-
ment, judicial review of any action or decision made 
pursuant to subsection (f) shall be available exclu-
sively in a habeas corpus proceeding instituted in the 
United States District Court for the District of Co-
lumbia and only if the alien has exhausted all admin-
istrative remedies (statutory and nonstatutory) avail-
able to the alien as of right.’’. 
(4) 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 sub-
section: 
‘‘(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, until the alien is 
subject to a final order of removal. 
‘‘(2) The length of detention under this section 
shall not affect detention under section 241 of this 
Act.’’. 
(5) DETENTION OF CRIMINAL ALIENS.—Section 
236(c)(1) of the Immigration and Nationality Act (8 
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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 activity, 
offense, or conviction described in this paragraph; to 
whether the alien is released on parole, supervised re-
lease, or probation; or to whether the alien may be ar-
rested or imprisoned again for the same offense. If the 
activity described in this paragraph 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 Secretary shall take such alien into 
custody.’’. 
(6) ADMINISTRATIVE
REVIEW.—Section 236 of 
the Immigration and Nationality Act (8 U.S.C. 1226) 
is amended by adding at the end the following sub-
section: 
‘‘(g) ADMINISTRATIVE REVIEW.— 
‘‘(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 detained, 
released on bond (of at least $1,500 with security ap-
proved by the Secretary), or released with no bond. 
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‘‘(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) Arriving aliens in removal pro-
ceedings, including aliens paroled after arrival 
pursuant to section 212(d)(5). 
‘‘(C) Aliens described in sections 212(a)(3) 
and 237(a)(4). 
‘‘(D) Aliens described in section 236(c). 
‘‘(E) Aliens in deportation proceedings sub-
ject to section 242(a)(2) of the Act (as in effect 
prior to April 1, 1997, and as amended by sec-
tion 440(c) of Public Law 104–132); is limited 
to a determination of whether the alien is prop-
erly included in such category.’’. 
(7) 
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 striking out 
‘‘conditional parole’’ and inserting in lieu thereof ‘‘re-
cognizance’’. 
(B) Section 236(b) of the Immigration and Na-
tionality Act (8 U.S.C. 1226(b)) is amended by strik-
ing ‘‘parole’’ and inserting ‘‘recognizance’’. 
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(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 Nation-
ality 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 enact-
ment 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 sections 235 and 236 of the Immigration 
and Nationality Act, as so amended, shall in addition 
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apply to any alien in detention under provisions of 
such sections 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 everyone 
in the United States. 
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Union Calendar No. 171 
112TH CONGRESS 
1ST SESSION 
H. R. 1932 
[Report No. 112–255] 
A BILL 
To amend the Immigration and Nationality Act to 
provide for extensions of detention of certain 
aliens ordered removed, and for other purposes. 
OCTOBER 18, 2011 
Reported with an amendment, committed to the Com-
mittee of the Whole House on the State of the Union, 
and ordered to be printed 
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