[Page S195]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 78. Mr. BLUMENTHAL submitted an amendment intended to be proposed 
by him to the bill S. 5, to require the Secretary of Homeland Security 
to take into custody aliens who have been charged in the United States 
with theft, and for other purposes; which was ordered to lie on the 
table; as follows:

       At the end of the bill, add the following:

     SEC. 4. DETENTION PRIORITIES.

       (a) In General.--If available Federal detention facilities 
     or Federal detention resources are insufficient to house all 
     of the aliens required to be detained under sections 
     236(c)(1) and 236A of the Immigration and Naturalization Act 
     (8 U.S.C. 1226(c)(1) and 1226a), U.S. Immigration and Customs 
     Enforcement shall place a higher priority on the detention of 
     aliens described in subparagraphs (A) through (D) of section 
     236(c)(1) and section 236A of such Act.
       (b) Permissive Detentions.--U.S. Immigration and Customs 
     Enforcement may detain aliens described in section 
     236(c)(1)(E) of the Immigration and Nationality Act, as added 
     by section 2, if sufficient detention space and personnel 
     resources are available for such detentions.

                          ____________________