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 ‘‘Justice for the Newark 
College Students Act’’. 
SEC. 
2. 
IDENTIFICATION 
OF 
ALIENS 
UNLAWFULLY 
PRESENT UPON FELONY ARREST. 
(a) AVAILABILITY OF INVESTIGATIVE RESOURCES.— 
Section 236(d)(1) of the Immigration and Nationality Act 
(8 U.S.C. 1226(d)(1)) is amended— 
(1) in the matter preceding subparagraph (A), 
by striking ‘‘Attorney General’’ and inserting ‘‘Sec-
retary of Homeland Security’’; 
(2) in subparagraph (A)— 
(A) by strking ‘‘the Service’’ and inserting 
‘‘the Department of Homeland Security’’; and 
(B) by striking ‘‘aggravated felonies’’ and 
inserting ‘‘a felony (under the law that is the 
basis of the arrest) or an aggravated felony (as 
defined in section 101(a)(43))’’; and 
(C) by striking ‘‘aliens;’’ and inserting 
‘‘aliens, and to determine whether such individ-
uals are unlawfully present in the United 
States;’’; and 
(3) in subparagraph (B)— 
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(A) by striking ‘‘the Service’’ and inserting 
‘‘the Department of Homeland Security’’; and 
(B) by striking ‘‘an aggravated felony;’’ 
and inserting ‘‘a felony (under the law that is 
the basis of the arrest) or an aggravated felony 
(as defined in section 101(a)(43));’’. 
(b) 
REQUIRED
USE
OF
INVESTIGATIVE
RE-
SOURCES.—Section 236(d) of the Immigration and Na-
tionality Act (8 U.S.C. 1226(d)) is amended by adding 
at the end the following: 
‘‘(4)(A) A State or local law enforcement official who 
arrests an individual for a felony (under the law that is 
the basis of the arrest)— 
‘‘(i) shall, through the investigative resources 
described in paragraph (d)(1)(A), determine whether 
the individual is an alien unlawfully present in the 
United States; and 
‘‘(ii) shall inform the court having jurisdiction 
over the felony case when the official has determined 
that the individual is such an alien. 
‘‘(B) A court described in subparagraph (A)(ii) shall 
inform the Department of Homeland Security of the dis-
position of a felony case described in such subparagraph.’’. 
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SEC. 3. FEDERAL DETENTION OF UNLAWFULLY PRESENT 
ALIENS. 
(a) CUSTODY.—Section 236(c)(1) of the Immigration 
and Nationality Act (8 U.S.C. 1226(c)(1)) is amended— 
(1) in subparagraph (C), by striking ‘‘or’’ at 
the end; 
(2) in subparagraph (D), by adding ‘‘or’’ at the 
end; and 
(3) by inserting after subparagraph (D) the fol-
lowing: 
‘‘(E) has been determined under subsection 
(d)(4)(A) to be an alien unlawfully present in 
the United States,’’. 
(b) RELEASE.—Section 236(c)(2) of the Immigration 
and Nationality Act (8 U.S.C. 1226(c)(2)) is amended by 
adding at the end ‘‘Notwithstanding any other provision 
of this paragraph, an alien taken into custody under para-
graph (1)(E) may not be released except in furtherance 
of the felony case described in subsection (d)(4)(B).’’ 
Æ 
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