moval of an alien who is subject to an administra-
tively final order of removal, the Secretary, in the 
exercise of the Secretary’s discretion, may detain the 
alien during the pendency of such stay of removal.’’; 
(6) by amending paragraph (3)(D) to read as 
follows: 
‘‘(D) to obey reasonable restrictions on the 
alien’s conduct or activities, or perform affirma-
tive acts, that the Secretary of Homeland Secu-
rity prescribes for the alien, in order to prevent 
the alien from absconding, or for the protection 
of the community, or for other purposes related 
to the enforcement of the immigration laws.’’; 
(7) in paragraph (6), by striking ‘‘removal pe-
riod and, if released,’’ and inserting ‘‘removal period, 
in the discretion of the Secretary of Homeland Secu-
rity, without any limitations other than those speci-
fied in this section, until the alien is removed. If an 
alien is released, the alien’’; and 
(8) by redesignating paragraph (7) as para-
graph (10) and inserting after paragraph (6) the fol-
lowing: 
‘‘(7) PAROLE.—If an alien detained pursuant to 
paragraph (6) is an applicant for admission, the 
Secretary of Homeland Security, in the Secretary’s 
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discretion, may parole the alien under section 
212(d)(5) and may provide, notwithstanding such 
section, that the alien shall not be returned to cus-
tody unless either the alien violates the conditions of 
the alien’s parole or the alien’s removal becomes rea-
sonably foreseeable, but in no circumstance shall 
such alien be considered admitted. 
‘‘(8) ADDITIONAL RULES FOR DETENTION OR 
RELEASE OF CERTAIN ALIENS WHO HAVE MADE AN 
ENTRY.—The following procedures apply only with 
respect to an alien who has effected an entry into 
the United States. These procedures do not apply to 
any other alien detained pursuant to paragraph (6): 
‘‘(A) ESTABLISHMENT
OF
A
DETENTION 
REVIEW PROCESS FOR ALIENS WHO FULLY CO-
OPERATE WITH REMOVAL.—For an alien who 
has made all reasonable efforts to comply with 
a removal order and to cooperate fully with the 
Secretary of Homeland Security’s efforts to es-
tablish the alien’s identity and carry out the re-
moval order, including making timely applica-
tion in good faith for travel or other documents 
necessary to the alien’s departure, and has not 
conspired or acted to prevent removal, the Sec-
retary shall establish an administrative review 
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process to determine whether the alien should 
be detained or released on conditions. The Sec-
retary shall make a determination whether to 
release an alien after the removal period in ac-
cordance with subparagraph (B). The deter-
mination shall include consideration of any evi-
dence submitted by the alien, and may include 
consideration of any other evidence, including 
any information or assistance provided by the 
Secretary of State or other Federal official and 
any other information available to the Secretary 
of Homeland Security pertaining to the ability 
to remove the alien. 
‘‘(B) AUTHORITY TO DETAIN BEYOND THE 
REMOVAL PERIOD.— 
‘‘(i) IN GENERAL.—The Secretary of 
Homeland Security, in the exercise of the 
Secretary’s discretion, without any limita-
tions other than those specified in this sec-
tion, may continue to detain an alien for 
90 days beyond the removal period (includ-
ing any extension of the removal period as 
provided in paragraph (1)(C)). 
‘‘(ii) SPECIFIC CIRCUMSTANCES.—The 
Secretary of Homeland Security, in the ex-
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ercise of the Secretary’s discretion, without 
any limitations other than those specified 
in this section, may continue to detain an 
alien beyond the 90 days authorized in 
clause (i)— 
‘‘(I) until the alien is removed, if 
the Secretary determines that there is 
a 
significant 
likelihood 
that 
the 
alien— 
‘‘(aa) will be removed in the 
reasonably foreseeable future; or 
‘‘(bb) would be removed in 
the reasonably foreseeable future, 
or would have been removed, but 
for the alien’s failure or refusal 
to make all reasonable efforts to 
comply with the removal order, 
or to cooperate fully with the 
Secretary’s efforts to establish 
the aliens’ identity and carry out 
the 
removal 
order, 
including 
making 
timely 
application 
in 
good faith for travel or other doc-
uments necessary to the alien’s 
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