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‘‘(4) SUBPOENA AUTHORITY.—(A) The Attor-
ney General and any immigration officer shall have
power to require by subpoena the attendance and
testimony of witnesses before immigration officers
and the production of books, papers, and documents
relating to the privilege of any person to enter, reen-
ter, reside in, or pass through the United States or
concerning any matter which is material and rel-
evant to the enforcement of this Act and the admin-
istration of the Service, and to that end may invoke
the aid of any court of the United States.
‘‘(B) Any United States district court within
the jurisdiction of which investigations or inquiries
are being conducted by an immigration officer may,
in the event of neglect or refusal to respond to a
subpoena issued under this paragraph or refusal to
testify before an immigration officer, issue an order
requiring such persons to appear before an immigra-
tion officer, produce books, papers, and documents
if demanded, and testify, and any failure to obey
such order of the court may be punished by the
court as a contempt thereof.’’.
(b) GAO STUDY ON OPERATION OF EXPEDITED RE-
MOVAL PROCEDURES.—
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(1) STUDY.—The Comptroller General shall
conduct a study on the implementation of the expe-
dited removal procedures under section 235(b)(1) of
the Immigration and Nationality Act, as amended by
subsection (a). The study shall examine—
(A) the effectiveness of such procedures in
deterring illegal entry,
(B) the detention and adjudication re-
sources saved as a result of the procedures,
(C) the administrative and other costs ex-
pended to comply with the provision,
(D) the effectiveness of such procedures in
processing asylum claims by undocumented
aliens who assert a fear of persecution, includ-
ing the accuracy of credible fear determina-
tions, and
(E) the cooperation of other countries and
air carriers in accepting and returning aliens
removed under such procedures.
(2) REPORT.—By not later than 18 months
after the date of the enactment of this Act, the
Comptroller General shall submit to the Committees
on the Judiciary of the House of Representatives
and the Senate a report on the study conducted
under paragraph (1).
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SEC. 303. APPREHENSION AND DETENTION OF ALIENS (RE-
VISED SECTION 236).
(a) IN GENERAL.—Section 236 (8 U.S.C. 1226) is
amended to read as follows:
‘‘APPREHENSION AND DETENTION OF ALIENS
‘‘SEC. 236. (a) ARREST, DETENTION, AND RE-
LEASE.—On a warrant issued by the Attorney General,
an alien may be arrested and detained pending a decision
on whether the alien is to be removed from the United
States. Except as provided in subsection (c) and pending
such decision, the Attorney General—
‘‘(1) may continue to detain the arrested alien;
and
‘‘(2) may release the alien on—
‘‘(A) bond of at least $1,500 with security
approved by, and containing conditions pre-
scribed by, the Attorney General; or
‘‘(B) conditional parole; but
‘‘(3) may not provide the alien with work au-
thorization (including an ‘employment authorized’
endorsement or other appropriate work permit), un-
less the alien is lawfully admitted for permanent res-
idence or otherwise would (without regard to re-
moval proceedings) be provided such authorization.
‘‘(b) REVOCATION OF BOND OR PAROLE.—The At-
torney General at any time may revoke a bond or parole
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authorized under subsection (a), rearrest the alien under
the original warrant, and detain the alien.
‘‘(c) DETENTION OF CRIMINAL ALIENS.—
‘‘(1) CUSTODY.—The Attorney General shall
take into custody any alien who—
‘‘(A) is inadmissible by reason of having
committed any offense covered in section
212(a)(2),
‘‘(B) is deportable by reason of having
committed any offense covered in section
237(a)(2)(A)(ii), (A)(iii), (B), (C), or (D),
‘‘(C) 
is 
deportable 
under 
section
237(a)(2)(A)(i) on the basis of an offense for
which the alien has been sentence to a term of
imprisonment of at least 1 year, or
‘‘(D) 
is 
inadmissible 
under 
section
212(a)(3)(B) 
or 
deportable 
under 
section
237(a)(4)(B),
when the alien is released, without regard to whether
the alien is released on parole, supervised release, or
probation, and without regard to whether the alien
may be arrested or imprisoned again for the same
offense.
‘‘(2) RELEASE.—The Attorney General may re-
lease an alien described in paragraph (1) only if the
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Attorney General decides pursuant to section 3521
of title 18, United States Code, that release of the
alien from custody is necessary to provide protection
to a witness, a potential witness, a person cooperat-
ing with an investigation into major criminal activ-
ity, or an immediate family member or close associ-
ate of a witness, potential witness, or person cooper-
ating with such an investigation, and the alien satis-
fies the Attorney General that the alien will not pose
a danger to the safety of other persons or of prop-
erty and is likely to appear for any scheduled pro-
ceeding. A decision relating to such release shall
take place in accordance with a procedure that con-
siders the severity of the offense committed by the
alien.
‘‘(d) IDENTIFICATION
OF CRIMINAL ALIENS.—(1)
The Attorney General shall devise and implement a sys-
tem—
‘‘(A) to make available, daily (on a 24-hour
basis), to Federal, State, and local authorities the
investigative resources of the Service to determine
whether individuals arrested by such authorities for
aggravated felonies are aliens;
‘‘(B) to designate and train officers and em-
ployees of the Service to serve as a liaison to Fed-