S. 5560 — Immigration Warrants Reform Act of 2026

This section requires immigration officers to inspect noncitizens applying for admission at the border who are not or were not paroled. It replaces the term "alien" with "noncitizen" in the provision governing such inspections.

This section revises arrest, detention, and release procedures for noncitizens pending removal decisions. It authorizes release on recognizance or conditions to ensure appearance at proceedings and prevent community danger, requires custody reviews every 60 days with the burden on the Department of Homeland Security to prove by clear and convincing evidence that the noncitizen is a flight risk or danger, mandates administrative warrants documenting individualized probable cause and signed by a supervising officer at least 24 hours in advance, and limits revocation of release to cases of probable cause that the noncitizen poses a danger to the community.

This section narrows warrantless interior arrests of noncitizens to those presenting an imminent danger to the community that requires immediate arrest and who are likely to escape, while requiring a sworn probable cause statement within 12 hours and judicial review by an immigration judge or district court within 24 hours with possible release. It authorizes warrantless arrests for entry at any undesignated time or place and shifts regulatory authority from the Attorney General to the Secretary of Homeland Security.

This section updates terminology in border patrol authorities by replacing references to "aliens" with "noncitizens." It changes the standard for certain warrantless arrests from "reasonable grounds to believe" to "probable cause." It also authorizes the Secretary of Homeland Security to prescribe regulations and replaces references to the former Immigration and Naturalization Service with the Department of Homeland Security.