(i) in subparagraph (A), by striking 
‘‘or’’ at the end; 
(ii) in subparagraph (B), by striking 
‘‘but’’ at the end; and 
(iii) by inserting after subparagraph 
(B) the following: 
‘‘(C) the alien’s own recognizance; and’’; 
(C) by redesignating paragraph (3) as 
paragraph (4); and 
(D) by inserting after paragraph (2) the 
following: 
‘‘(3) may enroll the alien in a secure alter-
natives to detention program; but’’; 
(2) by redesignating subsections (b), (c), (d), 
and (e) as subsections (e), (f), (g), and (h) respec-
tively; 
(3) by inserting after subsection (a) the fol-
lowing: 
‘‘(b) CUSTODY DECISIONS FOR VULNERABLE POPU-
LATIONS.— 
‘‘(1) IN GENERAL.—Not later than 72 hours 
after an alien’s detention unless the 72 hour require-
ment is waived in writing by the alien, an alien who 
is a member of a vulnerable population (as defined 
by subsection (c)) shall be released from the Sec-
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retary of Homeland Security’s custody and shall not 
be subject to electronic monitoring unless the Sec-
retary of Homeland Security demonstrates that the 
alien— 
‘‘(A) is subject to mandatory detention 
under section 235(b)(1)(B)(iii)(IV), 236(c) or 
236A; or 
‘‘(B) poses a flight risk or a risk to others 
or national security. 
‘‘(2) RELEASE.—An alien shall be released 
under this subsection— 
‘‘(A) on the alien’s own recognizance; 
‘‘(B) by posting a reasonable bond under 
subsection (a); or 
‘‘(C) on parole in accordance with section 
212(d)(5)(A). 
‘‘(c) PARTICIPATION IN ALTERNATIVES TO DETEN-
TION.—An alien who is denied release on recognizance, pa-
role, or bond, or is unable to pay the bond shall be selected 
for participation in a secure alternatives to detention pro-
gram unless the Secretary of Homeland Security dem-
onstrates by substantial evidence that the alien— 
‘‘(1) is subject to mandatory detention under 
section 235(b)(1)(B)(iii)(IV) or 236A; or 
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‘‘(2) is a flight risk or the alien’s participation 
in the program would create a risk to others or na-
tional security. 
‘‘(d) DECISIONS UNDER THIS SECTION.—In the case 
of a decision under subsection (a), (b), or (c), the following 
shall apply: 
‘‘(1) The decision shall be made in writing and 
shall be served upon the individual in the language 
spoken by the alien. A decision to continue detention 
without bond or parole shall specify in writing the 
reasons for that decision. 
‘‘(2) The decision shall be served upon the alien 
within 72 hours of the individual’s detention or, in 
the case of an individual subject to section 235, 238, 
or 241(a)(5) within 72 hours of a positive credible 
or reasonable fear determination. 
‘‘(3) An alien subject to this section, including 
all aliens who are entitled to a removal hearing 
under section 240, may at any time after being 
served with the Secretary of Homeland Security’s 
decision under subsections (a), (b), or (c) request a 
redetermination of that decision by an immigration 
judge. 
‘‘(4) All custody decisions by the Secretary of 
Homeland Security shall be subject to redetermina-
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