[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1901 Introduced in House (IH)]
113th CONGRESS
1st Session
H. R. 1901
To amend the Immigration and Nationality Act to provide for extensions
of detention of certain aliens ordered removed, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
May 9, 2013
Mr. Smith of Texas (for himself and Mr. Gowdy) introduced the following
bill; which was referred to the Committee on the Judiciary
_______________________________________________________________________
A BILL
To amend the Immigration and Nationality Act to provide for extensions
of detention of certain aliens ordered removed, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Keep Our Communities Safe Act of
2013''.
SEC. 2. DETENTION OF DANGEROUS ALIENS.
(a) In General.--Section 241(a) of the Immigration and Nationality
Act (8 U.S.C. 1231(a)) is amended--
(1) by striking out ``Attorney General'' each place it
appears, except for the first reference in subsection
(a)(4)(B)(i), and inserting ``Secretary of Homeland Security'';
(2) in paragraph (1), by amending subparagraph (B) to read
as follows:
``(B) Beginning of period.--The removal period
begins on the latest of the following:
``(i) The date the order of removal becomes
administratively final.
``(ii) If the alien is not in the custody
of the Secretary on the date the order of
removal becomes administratively final, the
date the alien is taken into such custody.
``(iii) If the alien is detained or
confined (except under an immigration process)
on the date the order of removal becomes
administratively final, the date the alien is
taken into the custody of the Secretary, after
the alien is released from such detention or
confinement.'';
(3) in paragraph (1), by amending subparagraph (C) to read
as follows:
``(C) Suspension of period.--
``(i) Extension.--The removal period shall
be extended beyond a period of 90 days and the
Secretary may, in the Secretary's sole
discretion, keep the alien in detention during
such extended period if--
``(I) the alien fails or refuses to
make all reasonable efforts to comply
with the removal order, or to fully
cooperate with the Secretary's efforts
to establish the alien's identity and
carry out the removal order, including
making timely application in good faith
for travel or other documents necessary
to the alien's departure or conspires
or acts to prevent the alien's removal
that is subject to an order of removal;
``(II) a court, the Board of
Immigration Appeals, or an immigration
judge orders a stay of removal of an
alien who is subject to an
administratively final order of
removal;
``(III) the Secretary transfers
custody of the alien pursuant to law to
another Federal agency or a State or
local government agency in connection
with the official duties of such
agency; or
``(IV) a court or the Board of
Immigration Appeals orders a remand to
an immigration judge or the Board of
Immigration Appeals, during the time
period when the case is pending a
decision on remand (with the removal
period beginning anew on the date that
the alien is ordered removed on
remand).
``(ii) Renewal.--If the removal period has
been extended under clause (C)(i), a new
removal period shall be deemed to have begun on
the date--
``(I) the alien makes all
reasonable efforts to comply with the
removal order, or to fully cooperate
with the Secretary's efforts to
establish the alien's identity and
carry out the removal order;
``(II) the stay of removal is no
longer in effect; or
``(III) the alien is returned to
the custody of the Secretary.
``(iii) Mandatory detention for certain
aliens.--In the case of an alien described in
subparagraphs (A) through (D) of section
236(c)(1), the Secretary shall keep that alien
in detention during the extended period
described in clause (i).
``(iv) Sole form of relief.--An alien may
seek relief from detention under this
subparagraph only by filing an application for
a writ of habeas corpus in accordance with
chapter 153 of title 28, United States Code. No
alien whose period of detention is extended
under this subparagraph shall have the right to
seek release on bond.'';
(4) in paragraph (3)--
(A) by adding after ``If the alien does not leave
or is not removed within the removal period'' the
following: ``or is not detained pursuant to paragraph
(6) of this subsection''; and
(B) by striking subparagraph (D) and inserting the
following:
``(D) to obey reasonable restrictions on the
alien's conduct or activities that the Secretary
prescribes for the alien, in order to prevent the alien
from absconding, for the protection of the community,
or for other purposes related to the enforcement of the
immigration laws.'';
(5) in paragraph (4)(A), by striking ``paragraph (2)'' and
inserting ``subparagraph (B)''; and
(6) by striking paragraph (6) and inserting the following:
``(6) Additional rules for detention or release of certain
aliens.--
``(A) Detention review process for cooperative
aliens established.--For an alien who is not otherwise
subject to mandatory detention, 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 establish the alien's identity
and carry out the removal order, including making
timely application in good faith for travel or other
documents necessary to the alien's departure, and who
has not conspired or acted to prevent removal, the
Secretary shall establish an administrative review
process to determine whether the alien should be
detained or released on conditions. The Secretary shall
make a determination whether to release an alien after
the removal period in accordance with subparagraph (B).
The determination shall include consideration of any
evidence 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 removal period.--
``(i) In general.--The Secretary of
Homeland Security, in the exercise of the
Secretary's sole discretion, may continue to
detain an alien for 90 days beyond the removal
period (including any extension of the removal
period as provided in paragraph (1)(C)). An
alien whose detention is extended under this
subparagraph shall have no right to seek
release on bond.
``(ii) Specific circumstances.--The
Secretary of Homeland Security, in the exercise
of the Secretary's sole discretion, may
continue to detain an alien beyond the 90 days
authorized in clause (i)--
``(I) until the alien is removed,
if the Secretary, in the Secretary's
sole discretion, 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 alien's identity
and carry out the removal
order, including making timely
application in good faith for
travel or other documents
necessary to the alien's
departure, or conspires or acts
to prevent removal;
``(II) until the alien is removed,
if the Secretary of Homeland Security
certifies in writing--
``(aa) in consultation with
the Secretary of Health and
Human Services, that the alien
has a highly contagious disease
that poses a threat to public
safety;
``(bb) after receipt of a
written recommendation from the
Secretary of State, that
release of the alien is likely
to have serious adverse foreign
policy consequences for the
United States;
``(cc) based on information
available to the Secretary of
Homeland Security (including
classified, sensitive, or
national security information,
and without regard to the
grounds upon which the alien
was ordered removed), that
there is reason to believe that
the release of the alien would
threaten the national security
of the United States; or
``(dd) that the release of
the alien will threaten the
safety of the community or any
person, conditions of release
cannot reasonably be expected
to ensure the safety of the
community or any person, and
either (AA) the alien has been
convicted of one or more
aggravated felonies (as defined
in section 101(a)(43)(A)) or of
one or more crimes identified
by the Secretary of Homeland
Security by regulation, or of
one or more attempts or
conspiracies to commit any such
aggravated felonies or such
identified crimes, if the
aggregate term of imprisonment
for such attempts or
conspiracies is at least 5
years; or (BB) the alien has
committed one or more crimes of
violence (as defined in section
16 of title 18, United States
Code, but not including a
purely political offense) and,
because of a mental condition
or personality disorder and
behavior associated with that
condition or disorder, the
alien is likely to engage in
acts of violence in the future;
or
``(III) pending a certification
under subclause (II), so long as the
Secretary of Homeland Security has
initiated the administrative review
process not later than 30 days after
the expiration of the removal period
(including any extension of the removal
period, as provided in paragraph
(1)(C)).
``(iii) No right to bond hearing.--An alien
whose detention is extended under this
subparagraph shall have no right to seek
release on bond, including by reason of a
certification under clause (ii)(II).
``(C) Renewal and delegation of certification.--
``(i) Renewal.--The Secretary of Homeland
Security may renew a certification under
subparagraph (B)(ii)(II) every 6 months, after
providing an opportunity for the alien to
request reconsideration of the certification
and to submit documents or other evidence in
support of that request. If the Secretary does
not renew a certification, the Secretary may
not continue to detain the alien under
subparagraph (B)(ii)(II).
``(ii) Delegation.--Notwithstanding section
103, the Secretary of Homeland Security may not
delegate the authority to make or renew a
certification described in item (bb), (cc), or
(dd) of subparagraph (B)(ii)(II) below the
level of the Assistant Secretary for
Immigration and Customs Enforcement.
``(iii) Hearing.--The Secretary of Homeland
Security may request that the Attorney General
or the Attorney General's designee provide for
a hearing to make the determination described
in item (dd)(BB) of subparagraph (B)(ii)(II).
``(D) Release on conditions.--If it is determined
that an alien should be released from detention by a
Federal court, the Board of Immigration Appeals, or if
an immigration judge orders a stay of removal, the
Secretary of Homeland Security, in the exercise of the
Secretary's discretion, may impose conditions on
release as provided in paragraph (3).
``(E) Redetention.--The Secretary of Homeland
Security, in the exercise of the Secretary's
discretion, without any limitations other than those
specified in this section, may again detain any alien
subject to a final removal order who is released from
custody, if removal becomes likely in the reasonably
foreseeable future, the alien fails to comply with the
conditions of release, or to continue to satisfy the
conditions described in subparagraph (A), or if, upon
reconsideration, the Secretary, in the Secretary's sole
discretion, determines that the alien can be detained
under subparagraph (B). This section shall apply to any
alien returned to custody pursuant to this
subparagraph, as if the removal period terminated on
the day of the redetention.
``(F) Review of determinations by secretary.--A
determination by the Secretary under this paragraph
shall not be subject to review by any other agency.''.
(b) Detention of Aliens During Removal Proceedings.--
(1) Clerical amendment.--(A) Section 236 of the Immigration
and Nationality Act (8 U.S.C. 1226) is amended by striking
``Attorney General'' each place it appears (except in the
second place that term appears in section 236(a)) and inserting
``Secretary of Homeland Security''.
(B) Section 236(a) of the Immigration and Nationality Act
(8 U.S.C. 1226(a)) is amended by inserting ``the Secretary of
Homeland Security or'' before ``the Attorney General--''.
(C) Section 236(e) of the Immigration and Nationality Act
(8 U.S.C. 1226(e)) is amended by striking ``Attorney
General's'' and inserting ``Secretary of Homeland Security's''.
(2) Length of detention.--Section 236 of the Immigration
and Nationality Act (8 U.S.C. 1226) is amended by adding at the
end the following subsection:
``(f) Length of Detention.--
``(1) Notwithstanding any other provision of this section,
an alien may be detained under this section for any period,
without limitation, except as provided in subsection (h), until
the alien is subject to a final order of removal.
``(2) The length of detention under this section shall not
affect detention under section 241 of this Act.''.
(3) Detention of criminal aliens.--Section 236(c)(1) of the
Immigration and Nationality Act (8 U.S.C. 1226(c)(1)) is
amended, in the matter following subparagraph (D) to read as
follows:
``any time after the alien is released, without regard to
whether an alien is released related to any activity, offense,
or conviction described in this paragraph; to whether the alien
is released on parole, supervised release, or probation; or to
whether the alien may be arrested or imprisoned again for the
same offense. If the activity described in this paragraph does
not result in the alien being taken into custody by any person
other than the Secretary, then when the alien is brought to the
attention of the Secretary or when the Secretary determines it
is practical to take such alien into custody, the Secretary
shall take such alien into custody.''.
(4) Administrative review.--Section 236 of the Immigration
and Nationality Act (8 U.S.C. 1226) is amended by adding at the
end the following subsection:
``(g) Administrative Review.--
``(1) The Attorney General's review of the Secretary's
custody determinations under section 236(a) shall be limited to
whether the alien may be detained, released on bond (of at
least $1,500 with security approved by the Secretary), or
released with no bond.
``(2) The Attorney General's review of the Secretary's
custody determinations for the following classes of aliens:
``(A) Aliens in exclusion proceedings.
``(B) Aliens described in sections 212(a)(3) and
237(a)(4).
``(C) Aliens described in section 236(c).
``(D) Aliens in deportation proceedings subject to
section 242(a)(2) of the Act (as in effect prior to
April 1, 1997, and as amended by section 440(c) of
Public Law 104-132); is limited to a determination of
whether the alien is properly included in such
category.
``(h) Release on Bond.--
``(1) In general.--An alien detained under subsection (a)
may seek release on bond. No bond may be granted except to an
alien who establishes by clear and convincing evidence that the
alien is not a flight risk or a risk to another person or the
community.
``(2) Certain aliens ineligible.--No alien detained under
subsection (c) may seek release on bond.''.
(5) Clerical amendments.--(A) Section 236(a)(2)(B) of the
Immigration and Nationality Act (8 U.S.C. 1226(a)(2)(B)) is
amended by striking out ``conditional parole'' and inserting in
lieu thereof ``recognizance''.
(B) Section 236(b) of the Immigration and Nationality Act
(8 U.S.C. 1226(b)) is amended by striking ``parole'' and
inserting ``recognizance''.
(c) Severability.--If any of the provisions of this Act or any
amendment by this Act, or the application of any such provision to any
person or circumstance, is held to be invalid for any reason, the
remainder of this Act and of amendments made by this Act, and the
application of the provisions and of the amendments made by this Act to
any other person or circumstance shall not be affected by such holding.
(d) Effective Dates.--
(1) The amendments made by subsection (a) shall take effect
upon the date of enactment of this Act, and section 241 of the
Immigration and Nationality Act, as so amended, shall in
addition apply to--
(A) all aliens subject to a final administrative
removal, deportation, or exclusion order that was
issued before, on, or after the date of enactment of
this Act; and
(B) acts and conditions occurring or existing
before, on, or after the date of enactment of this Act.
(2) The amendments made by subsection (b) shall take effect
upon the date of enactment of this Act, and section 236 of the
Immigration and Nationality Act, as so amended, shall in
addition apply to any alien in detention under provisions of
such section on or after the date of enactment of this Act.
SEC. 3. SENSE OF THE CONGRESS.
It is the sense of the Congress that--
(1) this Act should ensure that Constitutional rights are
upheld and protected; and
(2) it is the intention of the Congress to uphold the
Constitutional principles of due process and that due process
of the law is a right afforded to everyone in the United
States.
<all>