‘‘(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 the 
alien fails to comply with the conditions of re-
lease, or to continue to satisfy the conditions 
described in subparagraph (A), or if, upon re-
consideration, the Secretary determines that the 
alien can be detained under subparagraph (B). 
Paragraphs (6) through (8) 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. 
‘‘(F) CERTAIN
ALIENS
WHO
EFFECTED 
ENTRY.—If an alien has effected an entry, but 
has neither been lawfully admitted nor has been 
physically present in the United States continu-
ously for the 2-year period immediately prior to 
the commencement of removal proceedings 
under this Act or deportation proceedings 
against the alien, the Secretary of Homeland 
Security, in the exercise of the Secretary’s dis-
cretion, may decide not to apply paragraph (8) 
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and detain the alien without any limitations ex-
cept those which the Secretary shall adopt by 
regulation. 
‘‘(9) JUDICIAL REVIEW.—Without regard to the 
place of confinement, judicial review of any action or 
decision pursuant to paragraphs (6), (7), or (8) 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 ex-
hausted all administrative remedies (statutory and 
regulatory) available to the alien as of right.’’. 
SEC. 202. DETENTION OF ALIENS DURING REMOVAL PRO-
CEEDINGS. 
(a) DETENTION AUTHORITY.—Section 235 of the 
Immigration and Nationality Act (8 U.S.C. 1225) is 
amended by adding at the end the following: 
‘‘(e) LENGTH OF DETENTION.— 
‘‘(1) IN GENERAL.—With regard to length of 
detention, an alien may be detained under this sec-
tion, without limitation, until the alien is subject to 
an administratively final order of removal. 
‘‘(2) CONSTRUCTION.—The length of detention 
under this section shall not affect the validity of any 
detention under section 241. 
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‘‘(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.’’. 
(b) JUDICIAL REVIEW.—Section 236(e) of such Act 
(8 U.S.C. 1226(e)) is amended by adding at the end the 
following: ‘‘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 administrative remedies (statutory and 
nonstatutory) available to the alien as of right.’’. 
(c) LENGTH OF DETENTION.—Section 236 of such 
Act (8 U.S.C. 1226) is amended by adding at the end the 
following: 
‘‘(f) LENGTH OF DETENTION.— 
‘‘(1) IN GENERAL.—With regard to length of 
detention, an alien may be detained under this sec-
tion, without limitation, until the alien is subject to 
an administratively final order of removal. 
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‘‘(2) CONSTRUCTION.—The length of detention 
under this section shall not affect the validity of any 
detention under section 241 of this Act.’’. 
SEC. 203. SEVERABILITY. 
If any provision of this subtitle, or any amendment 
made by this subtitle, or the application of any such provi-
sion to any person or circumstance, is held to be invalid 
for any reason, the remainder of this subtitle, and of the 
amendments made by this subtitle, and the application of 
the provisions and of the amendments made by this sub-
title to any other person or circumstance, shall not be af-
fected by such holding. 
SEC. 204. EFFECTIVE DATES. 
(a) SECTION 201.—The amendments made by section 
201 shall take effect on the date of the enactment of this 
Act, and section 241 of the Immigration and Nationality 
Act, as amended, shall apply to— 
(1) all aliens subject to a final administrative 
removal, deportation, or exclusion order that was 
issued before, on, or after the date of the enactment 
of this Act; and 
(2) acts and conditions occurring or existing be-
fore, on, or after the date of the enactment of this 
Act. 
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