,i  #aafth ,,congress  #ast ,session    
,h4 ,r4 #chfj  ,,in ,,the ,,house ,,of  
,,representatives  ,july #ai1 #bjai,mrs4
 ,lesko introduced the following bill2  
which was referred to the ,committee on 
the ,judiciary  ,a ,,bill  ,to amend the
 ,immigration and ,nationality ,act with
 respect to the detention of dangerous  
aliens1 and for other purposes4  #a4    
,detention of dangerous aliens  ,section
 #bda7;a7 of the ,immigration and       
,nationality ,act 7#h ,u4,s4,c4         
#abca7;a77 is amended-- 7#a7 by striking
 ,attorney ,general each place it       
appears1 except for the first reference 
in paragraph 7#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 subparagraph    
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 ,director of ,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