No CRS summary available for this bill.
This section transfers authority over most detention decisions during removal proceedings from the Attorney General to the Secretary of Homeland Security. It replaces conditional parole with recognizance as a release option, expands mandatory detention of criminal aliens to any time after release regardless of parole or probation status, and requires the Secretary to take custody when such aliens are brought to the Secretary’s attention. It permits detention for any period until a final removal order, limits administrative review of custody determinations to whether detention, bond of at least $1,500, or recognizance is appropriate, and bars bond for aliens described in subsection (c) while requiring clear and convincing evidence that the alien is not a flight risk or danger to others.
This section transfers authority for detention and removal of aliens with final removal orders from the Attorney General to the Secretary of Homeland Security. It resets the start of the 90-day removal period to the later of the administratively final order date or the date the alien enters DHS custody, expands grounds for suspending the period (including failure to cooperate, judicial stays, or transfer to another agency), and mandates detention during suspension for aliens covered by section 236(c)(1). It creates an administrative review process to decide detention or conditional release for cooperative aliens after the removal period, authorizes up to 90 additional days of detention (with further extensions if removal is likely or for public health reasons), limits relief to habeas corpus, and adds supervision conditions to prevent absconding or protect the community.
This section provides that if any provision of the Act or amendment made by the Act is held invalid, the remainder of the Act and its amendments shall remain in effect and apply to other persons or circumstances.
This section applies amendments to apprehension and detention rules under section 236 of the Immigration and Nationality Act to any alien in detention on or after the date of enactment. It also applies amendments to removal rules under section 241 to all aliens with a final administrative removal, deportation, or exclusion order issued before, on, or after enactment, and to acts and conditions occurring before, on, or after that date.