fact that an alien has a criminal charge pending 
against the alien may not be the sole factor to jus-
tify the continued detention of the alien. 
‘‘(4) LEAST
RESTRICTIVE
CONDITIONS
RE-
QUIRED.—If an immigration judge determines pur-
suant to a hearing under this section that the re-
lease of an alien will not reasonably assure the ap-
pearance of the alien as required or will endanger 
the safety of any other person or the community, the 
immigration judge shall order the least restrictive 
conditions, or combination of conditions, that the 
judge determines will reasonably assure the appear-
ance of the alien as required and the safety of any 
other person and the community, which may include 
secured or unsecured release on bond, or participa-
tion in a program described in subsection (i). Any 
conditions assigned to an alien pursuant to this 
paragraph shall be reviewed by the immigration 
judge on a monthly basis. 
‘‘(5) SPECIAL
RULE
FOR
VULNERABLE
PER-
SONS AND PRIMARY CAREGIVERS.—In the case that 
the alien who is the subject of a custody determina-
tion under this subsection is a vulnerable person or 
a primary caregiver, the alien may not be detained 
unless the Government shows, in addition to the re-
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quirements under paragraph (2), that it is unreason-
able or not practicable to place the individual in a 
community-based supervision program. 
‘‘(6) DEFINITION.—In this subsection, the term 
‘vulnerable person’ means an individual who— 
‘‘(A) is under 21 years of age or over 60 
years of age; 
‘‘(B) is pregnant; 
‘‘(C) identifies as lesbian, gay, bisexual, 
transgender, or intersex; 
‘‘(D) is victim or witness of a crime; 
‘‘(E) has filed a nonfrivolous civil rights 
claim in Federal or State court; 
‘‘(F) has a serious mental or physical ill-
ness or disability; 
‘‘(G) has been determined by an asylum of-
ficer in an interview conducted under section 
235(b)(1)(B) to have a credible fear of persecu-
tion; or 
‘‘(H) has been determined by an immigra-
tion judge or the Secretary of Homeland Secu-
rity to be experiencing severe trauma or to be 
a survivor of torture or gender-based violence, 
based on information obtained during intake, 
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from the alien’s attorney or legal service pro-
vider, or through credible self-reporting. 
‘‘(7) 
SUBSEQUENT
DETERMINATIONS.—An 
alien who is detained under this section shall be pro-
vided with a de novo custody determination hearing 
under this subsection every 60 days, as well as upon 
showing of a change in circumstances or good cause 
for such a repeat hearing. 
‘‘(h) RELEASE UPON AN ORDER GRANTING RELIEF 
FROM REMOVAL.—In the case of an alien with respect to 
whom an immigration judge has entered an order pro-
viding for relief from removal, including an order granting 
asylum, or providing for withholding, deferral, or cancella-
tion of removal, which order is pending appeal, the Sec-
retary of Homeland Security shall immediately release the 
alien upon entry of the order, and may impose only rea-
sonable conditions on the alien’s release from custody. 
‘‘(i) ALTERNATIVES TO DETENTION.— 
‘‘(1) IN GENERAL.—The Secretary of Homeland 
Security shall establish programs that provide alter-
natives to detaining aliens, which shall offer a con-
tinuum of supervision mechanisms and options, in-
cluding community-based supervision programs and 
community support. The Secretary may contract 
with nongovernmental community-based organiza-
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tions to provide programs, which may include case 
management services, appearance assistance serv-
ices, and screenings of aliens who have been de-
tained. 
‘‘(2) INDIVIDUALIZED
DETERMINATION
RE-
QUIRED.—In determining whether to order an alien 
to participate in a program under this subsection, 
the Secretary, or the immigration judge, as appro-
priate shall make an individualized determination to 
determine the appropriate level of supervision for the 
alien. Participation in a program under this sub-
section may not be ordered for an alien for whom it 
is determined that release on reasonable bond or re-
cognizance will reasonably assure the appearance of 
the alien as required and the safety of any other 
person and the community.’’; and 
(5) by striking ‘‘Attorney General’’ each place 
such term appears and inserting ‘‘Secretary of 
Homeland Security’’. 
(b) PROBABLE CAUSE HEARING.—Section 287(a)(2) 
of the Immigration and Nationality Act (8 U.S.C. 
1357(a)(2)) is amended by striking ‘‘but the alien arrested 
shall be taken without unnecessary delay for examination 
before an officer of the Service having authority to exam-
ine aliens as to their right to enter or remain in the United 
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States’’ and inserting ‘‘but the alien arrested shall be pro-
vided with a hearing before an immigration judge not later 
than 48 hours after being taken into custody to determine 
whether there is probable cause to believe that the alien 
does not have the right to enter or remain in the United 
States, which burden to establish probable cause shall be 
on the Government’’. 
(c) MANDATORY DETENTION REPEALED.—The Im-
migration and Nationality Act (8 U.S.C. 1101 et seq.) is 
amended— 
(1) by striking section 235(b)(1)(B)(iii)(IV); 
(2) by striking section 236(c); 
(3) by striking section 236A; 
(4) in section 238(a)(2), by striking ‘‘pursuant 
to section 236(c)’’; and 
(5) in section 506(a)(2)— 
(A) by amending the heading to read as 
follows: ‘‘RELEASE HEARING FOR ALIENS DE-
TAINED’’; and 
(B) in subclause (A)— 
(i) in the matter preceding clause (i), 
by striking ‘‘lawfully admitted for perma-
nent residence’’; and 
(ii) by striking clause (i). 
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(d) ALIENS ORDERED REMOVED.—Section 241(a) of 
the Immigration and Nationality Act (8 U.S.C. 1231(a)) 
is amended— 
(1) in paragraph (1), by striking ‘‘90 days’’ 
each place it appears and inserting ‘‘60 days’’; 
(2) by amending paragraph (2) to read as fol-
lows: 
‘‘(2) 
INITIAL
CUSTODY
REDETERMINATION 
HEARING.— 
‘‘(A) IN
GENERAL.—Not later than 72 
hours after the entry of a final administrative 
order of removal, the alien ordered removed 
shall be provided with a custody redetermina-
tion hearing before an immigration judge. 
‘‘(B) PRESUMPTION OF DETENTION.—For 
purposes of the hearing under subparagraph 
(A), the alien shall be detained during the re-
moval period unless the alien can show by clear 
and convincing evidence that the alien’s removal 
is not reasonably foreseeable and that the alien 
does not pose a risk to the safety of any indi-
vidual or to the community.’’; 
(3) in paragraph (3)— 
(A) in the heading, by striking ‘‘90-DAY’’ 
and inserting ‘‘60-DAY’’; and 
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(B) in the matter preceding subparagraph 
(A), by striking ‘‘the alien, pending removal, 
shall be subject to supervision under’’ the fol-
lowing: ‘‘except as provided in paragraph (7), 
any alien who has been detained during the re-
moval period shall be released from custody, 
pending removal, subject to individualized su-
pervision requirements in accordance with’’; 
(4) by striking paragraph (6); and 
(5) by amending paragraph (7) to read as fol-
lows: 
‘‘(7) SUBSEQUENT
CUSTODY
REDETERMINA-
TION HEARINGS.— 
‘‘(A) IN GENERAL.—The Government may 
request a subsequent redetermination hearing 
before an immigration judge seeking continued 
detention for an alien ordered to be detained 
pursuant to paragraph (2) who has not been re-
moved within the removal period. 
‘‘(B) STANDARD.—An alien may only be 
detained after the removal period upon a show-
ing by the Government that— 
‘‘(i) the alien’s removal is reasonably 
foreseeable; or 
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‘‘(ii) the alien poses a risk to the safe-
ty of an individual or the community, 
which may only be established based on 
credible and individualized information 
that establishes objective risk factors, and 
may not be established based only the fact 
that the alien has been charged with or is 
suspected of a crime. 
‘‘(C) PERIOD
OF
DETENTION.—An alien 
may not be detained pursuant to an order 
under this paragraph for longer than a 60-day 
period. The Government may seek subsequent 
redetermination hearings under this paragraph 
in order to continue detaining an alien beyond 
each such 60-day period.’’. 
Æ 
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