,,ii #aafth ,,congress #ast ,session ,s4 #bhfi ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,november #ad1 #bjai,mr4 ,inhofe 7for himself1 ,mr4 ,cotton1 ,mr4 ,perdue1 ,mr4 ,boozman1 ,mr4 ,cramer1 and ,mr4 ,cruz7 introduced the following bill2 which was read twice and 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 #bjai4 #b4 ,sense of ,congress ,it is the sense of ,congress that-- 7#a7 constitutional rights should be upheld and protected2 7#b7 ,congress intends to uphold the constitutional principle of due process2 and 7#c7 due process of the law is a right afforded to every person in the ,united ,states4 #c4 ,detention of dangerous aliens during removal proceedings ,section #bcf of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abbf7 is amended-- 7#a7 by striking ,attorney ,general each place such term appears and inserting ,secretary of ,homeland ,security2 7#b7 in subsection 7a7-- 7,a7 in the matter preceding paragraph 7#a71 by inserting or the ,attorney ,general before the em dash2 7,b7 in paragraph 7#a71 by striking and at the end2 and 7,c7 in paragraph 7#b77;,b71 by striking conditional parole2 but and inserting recognizance2 and2 7#c7 in subsection 7b7-- 7,a7 in the subsection heading1 by striking parole and inserting recognizance2 and 7,b7 by striking parole and inserting recognizance2 7#d7 in subsection 7c77#a71 by striking the undesignated matter following subparagraph 7,d7 and inserting the following3 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 2 7#e7 in subsection 7e71 by striking ,attorney ,general's and inserting ,secretary of ,homeland ,security's2 and 7#f7 by adding at the end the following3 7f7 ,length of detention ,notwithstanding any other provision under 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 ,the length of detention under this section shall not affect a detention under section #bda4 7g7 ,administrative review 7#a7 ,limitation ,the ,attorney ,general's review of the ,secretary of ,homeland ,security's custody determinations under subsection 7a7 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 ,any review involving an alien described in paragraph 7#b77;,d7 shall be limited to a determination of whether the alien is properly included in such category4 7#b7 ,classes of aliens ,the ,attorney ,general shall review the ,secretary's custody determinations for-- 7,a7 aliens in exclusion proceedings2 7,b7 aliens described in sections #bab7;a77#c7 and #bcg7;a77#d72 7,c7 aliens described in subsection 7c72 and 7,d7 aliens in deportation proceedings subject to section #bdb7;a77#b7 7as in effect between ,april #bd1 #aiif1 and ,april #a1 #aiig74 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 #d4 ,aliens ordered removed ,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 such term appears 7except for the first place it appears in paragraph 7#d77;,b77i77 and inserting ,secretary of ,homeland ,security2 7#b7 in paragraph 7#a7-- 7,a7 by amending subparagraphs 7,b7 and 7,c7 to read as follows3 7,b7 ,beginning of period ,the removal period begins on the latest of-- 7i7 the date on which the order of removal becomes administratively final2 7ii7 the date on which the alien is taken into such custody if the alien is not in the custody of the ,secretary on the date on which the order of removal becomes administratively final2 and 7iii7 the date on which the alien is taken into the custody of the ,secretary after the alien is released from detention or confinement if the alien is detained or confined 7except for an immigration process7 on the date on which the order of removal becomes administratively final4 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 period1 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 7i71 a new removal period shall be deemed to have begun on the date on which-- 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 ,the ,secretary shall keep an alien described in subparagraphs 7,a7 through 7,d7 of section #bcf7;c77#a7 in detention during the extended period described in clause 7i74 7iv7 ,sole form of relief ,an alien may only seek relief from detention under this subparagraph 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#c7 in paragraph 7#c7-- 7,a7 in the matter preceding subparagraph 7,a71 by inserting or is not detained pursuant to paragraph 7#f7 after the removal period2 and 7,b7 by amending subparagraph 7,d7 to read as follows3 7,d7 to obey reasonable restrictions on the alien's conduct or activities that the ,secretary prescribes for the alien-- 7i7 to prevent the alien from absconding2 7ii7 for the protection of the community2 or 7iii7 for other purposes related to the enforcement of ,federal immigration laws4 2 7#d7 in paragraph 7#d77;,a71 by striking paragraph 7#b7 and inserting subparagraph 7,b72 and 7#e7 by amending paragraph 7#f7 to read as follows3 7#f7 ,additional rules for detention or release of certain aliens 7,a7 ,detention review process for cooperative aliens established 7i7 ,in general ,the ,secretary shall establish an administrative review process to determine whether 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 removal should be detained or released on conditions4 7ii7 ,determination ,the ,secretary shall make a determination whether to release an alien after the removal period in accordance with subparagraph 7,b71 which-- 7,i7 shall include consideration of any evidence submitted by the alien2 and 7,,ii7 may include consideration of any other evidence1 including-- 7aa7 any information or assistance provided by the ,secretary of ,state or other ,federal official2 and 7bb7 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 ,security may continue to detain an alien for #ij days beyond the removal period 7including any extension of the removal period under paragraph 7#a77;,c774 ,an alien whose detention is extended under this subparagraph shall not have the right to seek release on bond4 7ii7 ,specific circumstances ,the ,secretary of ,homeland ,security may continue to detain an alien beyond the #ij days authorized under clause 7i7-- 7,i7 until the alien is removed1 if the ,secretary determines that there is a significant likelihood that the alien-- 7aa7 will be removed in the reasonably foreseeable future2 7bb7 would be removed in the reasonably foreseeable future2 or 7cc7 would have been removed if the alien had not-- 7,,aa7 failed or refused to make all reasonable efforts to comply with the removal order2 7,,bb7 failed or refused 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 departure2 or 7,,cc7 conspired or acted 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 of any person2 and 7,,aa7 the alien has been convicted of #a or more aggravated felonies 7as defined in section #aja7;a77#dc77;,a77 or of #a or more crimes identified by the ,secretary of ,homeland ,security by regulation1 or of #a 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 #a 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 if 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 period under paragraph 7#a77;,c774 7iii7 ,no right to bond hearing ,an alien whose detention is extended under this subparagraph shall not have a 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 months 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 subparagraph 7,b77ii77,,ii77dd77,,bb74 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 ,security may impose conditions on release as provided under paragraph 7#c74 7,e7 ,redetention 7i7 ,in general ,the ,secretary of ,homeland ,security1 without any limitations other than those specified in this section1 may detain any alien subject to a final removal order who is released from custody if-- 7,i7 removal becomes likely in the reasonably foreseeable future2 7,,ii7 the alien fails to comply with the conditions of release or to continue to satisfy the conditions described in subparagraph 7,a72 or 7,,iii7 upon reconsideration1 the ,secretary determines that the alien can be detained under subparagraph 7,b74 7ii7 ,applicability ,this section shall apply to any alien returned to custody pursuant to this subparagraph 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 #e4 ,crime of violence defined ,section #af7;b7 of title #ah1 ,united ,states ,code1 is amended-- 7#a7 by striking by its nature1 involves and inserting based on the facts of the offense1 involved2 and 7#b7 by striking may be used and inserting may have been used4 #f4 ,severability ,if any of the provisions of this ,act1 any amendment made 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 ,act1 the amendments made by this ,act1 and the application of the provisions and amendments made by this ,act to any other person or circumstance shall not be affected by such holding4 #g4 ,effective dates 7a7 ,apprehension and detention of aliens ,the amendments made by section #c shall take effect on the date of the enactment of this ,act4 ,section #bcf of the ,immigration and ,nationality ,act1 as amended by section #c1 shall apply to any alien in detention under the provisions of such section on or after such date of enactment4 7b7 ,aliens ordered removed ,the amendments made by section #d shall take effect on the date of the enactment of this ,act4 ,section #bda of the ,immigration and ,nationality ,act1 as amended by section #d1 shall 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 the enactment of this ,act2 and 7#b7 acts and conditions occurring or existing before1 on1 or after such date of enactment4