,i #aacth ,,congress #ast ,session ,h4 ,r4 #aija ,,in ,,the ,,house ,,of ,,representatives ,may #i1 #bjac ,mr4 ,smith of ,texas 7for himself and ,mr4 ,gowdy7 introduced the following bill2 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 removed1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,keep ,our ,communities ,safe ,act of #bjac4 #b4 ,detention of dangerous aliens 7a7 ,in general ,section #bda7;a7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abca7;a77 is amended-- 7#a7 by striking out ,attorney ,general each place it appears1 except for the first reference in subsection 7a77#d77;,b77i71 and inserting ,secretary of ,homeland ,security2 7#b7 in paragraph 7#a71 by amending subparagraph 7,b7 to read as follows3 7,b7 ,beginning of period ,the removal period begins on the latest of the following3 7i7 ,the date the order of removal becomes administratively final4 7ii7 ,if the alien is not in the custody of the ,secretary on the date the order of removal becomes administratively final1 the date the alien is taken into such custody4 7iii7 ,if the alien is detained or confined 7except under an immigration process7 on the date the order of removal becomes administratively final1 the date the alien is taken into the custody of the ,secretary1 after the alien is released from such detention or confinement4 2 7#c7 in paragraph 7#a71 by amending subparagraph 7,c7 to read as follows3 7,c7 ,suspension of period 7i7 ,extension ,the removal period shall be extended beyond a period of #ij days and the ,secretary may1 in the ,secretary's sole discretion1 keep the alien in detention during such extended period if-- 7,i7 the alien fails or refuses to make all reasonable efforts to comply with the removal order1 or to fully cooperate with the ,secretary's efforts to establish the alien's identity and carry out the removal order1 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 removal2 7,,ii7 a court1 the ,board of ,immigration ,appeals1 or an immigration judge orders a stay of removal of an alien who is subject to an administratively final order of removal2 7,,iii7 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 agency2 or 7,,iv7 a court or the ,board of ,immigration ,appeals orders a remand to an immigration judge or the ,board of ,immigration ,appeals1 during the time period when the case is pending a decision on remand 7with the removal period beginning anew on the date that the alien is ordered removed on remand74 7ii7 ,renewal ,if the removal period has been extended under clause 7,c77i71 a new removal period shall be deemed to have begun on the date-- 7,i7 the alien makes all reasonable efforts to comply with the removal order1 or to fully cooperate with the ,secretary's efforts to establish the alien's identity and carry out the removal order2 7,,ii7 the stay of removal is no longer in effect2 or 7,,iii7 the alien is returned to the custody of the ,secretary4 7iii7 ,mandatory detention for certain aliens ,in the case of an alien described in subparagraphs 7,a7 through 7,d7 of section #bcf7;c77#a71 the ,secretary shall keep that alien in detention during the extended period described in clause 7i74 7iv7 ,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 #aec of title #bh1 ,united ,states ,code4 ,no alien whose period of detention is extended under this subparagraph shall have the right to seek release on bond4 2 7#d7 in paragraph 7#c7-- 7,a7 by adding after ,if the alien does not leave or is not removed within the removal period the following3 or is not detained pursuant to paragraph 7#f7 of this subsection2 and 7,b7 by striking subparagraph 7,d7 and inserting the following3 7,d7 to obey reasonable restrictions on the alien's conduct or activities that the ,secretary prescribes for the alien1 in order to prevent the alien from absconding1 for the protection of the community1 or for other purposes related to the enforcement of the immigration laws4 2 7#e7 in paragraph 7#d77;,a71 by striking paragraph 7#b7 and inserting subparagraph 7,b72 and 7#f7 by striking paragraph 7#f7 and inserting the following3 7#f7 ,additional rules for detention or release of certain aliens 7,a7 ,detention review process for cooperative aliens established ,for an alien who is not otherwise subject to mandatory detention1 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 order1 including making timely application in good faith for travel or other documents necessary to the alien's departure1 and who has not conspired or acted to prevent removal1 the ,secretary shall establish an administrative review process to determine whether the alien should be detained or released on conditions4 ,the ,secretary shall make a determination whether to release an alien after the removal period in accordance with subparagraph 7,b74 ,the determination shall include consideration of any evidence submitted by the alien1 and may include consideration of any other evidence1 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 alien4 7,b7 ,authority to detain beyond removal period 7i7 ,in general ,the ,secretary of ,homeland ,security1 in the exercise of the ,secretary's sole discretion1 may continue to detain an alien for #ij days beyond the removal period 7including any extension of the removal period as provided in paragraph 7#a77;,c774 ,an alien whose detention is extended under this subparagraph shall have no right to seek release on bond4 7ii7 specific circumstances ,the ,secretary of ,homeland ,security1 in the exercise of the ,secretary's sole discretion1 may continue to detain an alien beyond the #ij days authorized in clause 7i7-- 7,i7 until the alien is removed1 if the ,secretary1 in the ,secretary's sole discretion1 determines that there is a significant likelihood that the alien-- 7aa7 will be removed in the reasonably foreseeable future2 or 7bb7 would be removed in the reasonably foreseeable future1 or would have been removed1 but for the alien's failure or refusal to make all reasonable efforts to comply with the removal order1 or to cooperate fully with the ,secretary's efforts to establish the alien's identity and carry out the removal order1 including making timely application in good faith for travel or other documents necessary to the alien's departure1 or conspires or acts to prevent removal2 7,,ii7 until the alien is removed1 if the ,secretary of ,homeland ,security certifies in writing-- 7aa7 in consultation with the ,secretary of ,health and ,human ,services1 that the alien has a highly contagious disease that poses a threat to public safety2 7bb7 after receipt of a written recommendation from the ,secretary of ,state1 that release of the alien is likely to have serious adverse foreign policy consequences for the ,united ,states2 7cc7 based on information available to the ,secretary of ,homeland ,security 7including classified1 sensitive1 or national security information1 and without regard to the grounds upon which the alien was ordered removed71 that there is reason to believe that the release of the alien would threaten the national security of the ,united ,states2 or 7dd7 that the release of the alien will threaten the safety of the community or any person1 conditions of release cannot reasonably be expected to ensure the safety of the community or any person1 and either 7,,aa7 the alien has been convicted of one or more aggravated felonies 7as defined in section #aja7;a77#dc77;,a77 or of one or more crimes identified by the ,secretary of ,homeland ,security by regulation1 or of one or more attempts or conspiracies to commit any such aggravated felonies or such identified crimes1 if the aggregate term of imprisonment for such attempts or conspiracies is at least #e years2 or 7,,bb7 the alien has committed one or more crimes of violence 7as defined in section #af of title #ah1 ,united ,states ,code1 but not including a purely political offense7 and1 because of a mental condition or personality disorder and behavior associated with that condition or disorder1 the alien is likely to engage in acts of violence in the future2 or 7,,iii7 pending a certification under subclause 7,,ii71 so long as the ,secretary of ,homeland ,security has initiated the administrative review process not later than #cj days after the expiration of the removal period 7including any extension of the removal period1 as provided in paragraph 7#a77;,c774 7iii7 ,no right to bond hearing ,an alien whose detention is extended under this subparagraph shall have no right to seek release on bond1 including by reason of a certification under clause 7ii77,,ii74 7,c7 ,renewal and delegation of certification 7i7 renewal ,the ,secretary of ,homeland ,security may renew a certification under subparagraph 7,b77ii77,,ii7 every #f months1 after providing an opportunity for the alien to request reconsideration of the certification and to submit documents or other evidence in support of that request4 ,if the ,secretary does not renew a certification1 the ,secretary may not continue to detain the alien under subparagraph 7,b77ii77,,ii74 7ii7 delegation ,notwithstanding section #ajc1 the ,secretary of ,homeland ,security may not delegate the authority to make or renew a certification described in item 7bb71 7cc71 or 7dd7 of subparagraph 7,b77ii77,,ii7 below the level of the ,assistant ,secretary for ,immigration and ,customs ,enforcement4 7iii7 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 7dd77,,bb7 of subparagraph 7,b77ii77,,ii74 7,d7 ,release on conditions ,if it is determined that an alien should be released from detention by a ,federal court1 the ,board of ,immigration ,appeals1 or if an immigration judge orders a stay of removal1 the ,secretary of ,homeland ,security1 in the exercise of the ,secretary's discretion1 may impose conditions on release as provided in paragraph 7#c74 7,e7 ,redetention ,the ,secretary of ,homeland ,security1 in the exercise of the ,secretary's discretion1 without any limitations other than those specified in this section1 may again detain any alien subject to a final removal order who is released from custody1 if removal becomes likely in the reasonably foreseeable future1 the alien fails to comply with the conditions of release1 or to continue to satisfy the conditions described in subparagraph 7,a71 or if1 upon reconsideration1 the ,secretary1 in the ,secretary's sole discretion1 determines that the alien can be detained under subparagraph 7,b74 ,this section shall apply to any alien returned to custody pursuant to this subparagraph1 as if the removal period terminated on the day of the redetention4 7,f7 ,review of determinations by ,secretary ,a determination by the ,secretary under this paragraph shall not be subject to review by any other agency4 4 7b7 ,detention of aliens during removal proceedings 7#a7 ,clerical amendment 7,a7 ,section #bcf of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abbf7 is amended by striking ,attorney ,general each place it appears 7except in the second place that term appears in section #bcf7;a77 and inserting ,secretary of ,homeland ,security4 7,b7 ,section #bcf7;a7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abbf7;a77 is amended by inserting the ,secretary of ,homeland ,security or before the ,attorney ,general--4 7,c7 ,section #bcf7;e7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abbf7;e77 is amended by striking ,attorney ,general's and inserting ,secretary of ,homeland ,security's4 7#b7 ,length of detention ,section #bcf of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abbf7 is amended by adding at the end the following subsection3 7f7 ,length of detention 7#a7 ,notwithstanding any other provision of this section1 an alien may be detained under this section for any period1 without limitation1 except as provided in subsection 7h71 until the alien is subject to a final order of removal4 7#b7 ,the length of detention under this section shall not affect detention under section #bda of this ,act4 4 7#c7 detention of criminal aliens ,section #bcf7;c77#a7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abbf7;c77#a77 is amended1 in the matter following subparagraph 7,d7 to read as follows3 any time after the alien is released1 without regard to whether an alien is released related to any activity1 offense1 or conviction described in this paragraph2 to whether the alien is released on parole1 supervised release1 or probation2 or to whether the alien may be arrested or imprisoned again for the same offense4 ,if the activity described in this paragraph does not result in the alien being taken into custody by any person other than the ,secretary1 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 custody1 the ,secretary shall take such alien into custody4 4 7#d7 ,administrative review ,section #bcf of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abbf7 is amended by adding at the end the following subsection3 7g7 ,administrative review 7#a7 ,the ,attorney ,general's review of the ,secretary's custody determinations under section #bcf7;a7 shall be limited to whether the alien may be detained1 released on bond 7of at least #a1ejj with security approved by the ,secretary71 or released with no bond4 7#b7 ,the ,attorney ,general's review of the ,secretary's custody determinations for the following classes of aliens3 7,a7 ,aliens in exclusion proceedings4 7,b7 ,aliens described in sections #bab7;a77#c7 and #bcg7;a77#d74 7,c7 ,aliens described in section #bcf7;c74 7,d7 ,aliens in deportation proceedings subject to section #bdb7;a77#b7 of the ,act 7as in effect prior to ,april #a1 #aiig1 and as amended by section #ddj7;c7 of ,public ,law #ajd-acb72 is limited to a determination of whether the alien is properly included in such category4 7h7 ,release on bond 7#a7 ,in general ,an alien detained under subsection 7a7 may seek release on bond4 ,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 community4 7#b7 ,certain aliens ineligible ,no alien detained under subsection 7c7 may seek release on bond4 4 7#e7 ,clerical amendments 7,a7 ,section #bcf7;a77#b77;,b7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abbf7;a77#b77;,b77 is amended by striking out conditional parole and inserting in lieu thereof recognizance4 7,b7 ,section #bcf7;b7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abbf7;b77 is amended by striking parole and inserting recognizance4 7c7 ,severability ,if any of the provisions of this ,act or any amendment by this ,act1 or the application of any such provision to any person or circumstance1 is held to be invalid for any reason1 the remainder of this ,act and of amendments made by this ,act1 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 holding4 7d7 ,effective dates 7#a7 ,the amendments made by subsection 7a7 shall take effect upon the date of enactment of this ,act1 and section #bda of the ,immigration and ,nationality ,act1 as so amended1 shall in addition apply to-- 7,a7 all aliens subject to a final administrative removal1 deportation1 or exclusion order that was issued before1 on1 or after the date of enactment of this ,act2 and 7,b7 acts and conditions occurring or existing before1 on1 or after the date of enactment of this ,act4 7#b7 ,the amendments made by subsection 7b7 shall take effect upon the date of enactment of this ,act1 and section #bcf of the ,immigration and ,nationality ,act1 as so amended1 shall in addition apply to any alien in detention under provisions of such section on or after the date of enactment of this ,act4 #c4 ,sense of the ,congress ,it is the sense of the ,congress that-- 7#a7 this ,act should ensure that ,constitutional rights are upheld and protected2 and 7#b7 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 ,states4