‘‘(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 
comply with the removal order, 
or to cooperate fully with the 
Secretary’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 doc-
uments necessary to the alien’s 
departure, or conspires or acts to 
prevent removal; 
‘‘(II) until the alien is removed, 
if the Secretary of Homeland Security 
certifies in writing— 
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‘‘(aa) in consultation with 
the Secretary of Health and 
Human Services, that the alien 
has a highly contagious disease 
that poses a threat to public safe-
ty; 
‘‘(bb) after receipt of a writ-
ten recommendation from the 
Secretary of State, that release 
of the alien is likely to have seri-
ous adverse foreign policy con-
sequences for the United States; 
‘‘(cc) based on information 
available to the Secretary of 
Homeland 
Security 
(including 
classified, sensitive, or national 
security information, and without 
regard to the grounds upon 
which the alien was ordered re-
moved), that there is reason to 
believe that the release of the 
alien would threaten the national 
security of the United States; or 
‘‘(dd) that the release of the 
alien will threaten the safety of 
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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 de-
fined in section 101(a)(43)(A)) 
or of one or more crimes identi-
fied by the Secretary of Home-
land Security by regulation, or of 
one or more attempts or conspir-
acies to commit any such aggra-
vated felonies or such identified 
crimes, if the aggregate term of 
imprisonment for such attempts 
or conspiracies is at least 5 
years; or (BB) the alien has com-
mitted one or more crimes of vio-
lence (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 personality disorder 
and behavior associated with that 
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condition or disorder, the alien is 
likely to engage in acts of vio-
lence 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 sec-
tion 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 
(including any extension of the re-
moval period, as provided in para-
graph (1)(C)). 
‘‘(C) RENEWAL AND DELEGATION OF CER-
TIFICATION.— 
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‘‘(i) RENEWAL.—The Secretary of 
Homeland Security may renew a certifi-
cation 
under 
subparagraph 
(B)(ii)(II) 
every 6 months, after providing an oppor-
tunity for the alien to request reconsider-
ation 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 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 (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 
determination described in item (dd)(BB) 
of subparagraph (B)(ii)(II). 
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‘‘(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). 
‘‘(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 deter-
mines that the alien can be detained under sub-
paragraph (B). This section shall apply to any 
alien returned to custody pursuant to this sub-
paragraph, as if the removal period terminated 
on the day of the redetention.’’; and 
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(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 
exclusively in habeas corpus proceedings instituted 
in the United States District Court for the District 
of Columbia, and only if the alien has exhausted all 
administrative remedies (statutory and regulatory) 
available to the alien as of right.’’. 
(b) DETENTION OF ALIENS DURING REMOVAL PRO-
CEEDINGS.— 
(1) CLERICAL AMENDMENT.—Sections 235 and 
236 of the Immigration and Nationality Act (8 
U.S.C. 1225 and 1226) are amended by striking 
‘‘Attorney General’’ each place it appears and insert-
ing ‘‘Secretary’’ except that section 236(a) is 
amended by inserting ‘‘the Secretary or’’ before ‘‘the 
Attorney General’’ the second place that term ap-
pears; 
(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: 
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‘‘(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 JU-
DICIAL REVIEW OF LENGTH OF DETENTION.—Sec-
tion 236(e) of the Immigration and Nationality Act 
(8 U.S.C. 1226(e)) is amended by adding the fol-
lowing at the end: ‘‘Without regard to the place of 
confinement, judicial review of any action or decision 
made pursuant to subsection (f) shall be available 
exclusively 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 
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administrative remedies (statutory and nonstatu-
tory) available 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 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 
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-
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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.’’. 
(6) ADMINISTRATIVE REVIEW.—Section 236 of 
the Immigration and Nationality Act (8 U.S.C. 
1226) is amended by adding 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 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) Arriving aliens in removal pro-
ceedings, including aliens paroled after arrival 
pursuant to section 212(d)(5). 
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‘‘(C) Aliens described in sections 212(a)(3) 
and 237(a)(4). 
‘‘(D) Aliens described in section 236(c). 
‘‘(E) 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.’’. 
(7) CLERICAL AMENDMENTS.— 
(A) Sections 235 and 236 of the Immigra-
tion and Nationality Act (8 U.S.C. 1225 and 
1226) are amended by striking out ‘‘Attorney 
General’’ each place it appears and inserting 
‘‘Secretary’’. 
(B) Sections 236(a)(2)(B) and 236(b) of 
the Immigration and Nationality Act (8 U.S.C. 
1226(a)(2)(B) and 1226(b)) are amended by 
striking out ‘‘conditional parole’’ and inserting 
in lieu thereof ‘‘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 
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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-
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 sections 235 and 236 of the Immigration 
and Nationality Act, as so amended, shall in addi-
tion apply to any alien in detention under provisions 
of such sections on or after the date of enactment 
of this Act. 
Æ 
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