,,ii #aaith ,,congress #b;d ,session ,s4 #eefj ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,september #bd1 #bjbf,mr4 ,durbin 7for himself1 ,mr4 ,padilla1 ,mr4 ,king1 ,ms4 ,hirono1 ,mr4 ,kaine1 ,mr4 ,blumenthal1 and ,mrs4 ,murray7 introduced the following bill2 which was read twice and referred to the ,committee on the ,judiciary ,a ,,bill ,to improve fairness and accountability with respect to the arrest and detention of noncitizens4 #a4 ,short title ,this ,act may be cited as the ,immigration ,warrants ,reform ,act of #bjbf4 #b4 ,inspection of noncitizens ,section #bce7;b77#b77;,a7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abbe7;b77#b77;,a77 is amended-- 7#a7 by striking an alien each place such term appears and inserting a noncitizen2 7#b7 by striking the alien and inserting a noncitizen2 and 7#c7 by inserting at the border 7and who is not or was not paroled7 after applicant for admission4 #c4 ,arrest1 detention1 and release of noncitizens ,section #bcf of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abbf7 is amended-- 7#a7 in the section heading1 by striking aliens and inserting noncitizens2 and 7#b7 by striking subsections 7a7 and 7b7 and inserting the following3 7a7 ,arrest1 detention1 and release 7#a7 ,in general ,upon the issuance of an administrative warrant described in paragraph 7#d71 a noncitizen may be arrested and detained pending a decision on whether the noncitizen will be removed from the ,united ,states4 7#b7 ,release ,except as provided in subsection 7c71 the ,department of ,homeland ,security may release a detained noncitizen on his or her own recognizance or subject to such conditions as may be necessary to facilitate the noncitizen's attendance with future proceedings and to prevent any danger to the community4 7#c7 ,periodic review 7,a7 ,in general ,a detained noncitizen is entitled to seek a custody review every #fj days from an immigration judge or an appropriate district court of the ,united ,states that may release the noncitizen on his or her own recognizance or subject to such conditions as may be necessary to facilitate the noncitizen's attendance with future proceedings and to prevent any danger to the community4 7,b7 ,burden of proof ,in any proceeding under subparagraph 7,a71 the burden of proof shall be on the ,secretary of ,homeland ,security to establish1 by clear and convincing evidence1 that the noncitizen is a flight risk from attending future proceedings or a danger to the community4 7#d7 ,requirements for administrative warrant ,all administrative warrants for the arrest of a noncitizen shall-- 7,a7 accurately document individualized probable cause of the noncitizen's removability under section #bab or section #bcg2 7,b7 be signed by a supervising officer of the ,department of ,homeland ,security at least #bd hours in advance of its execution2 7,c7 be issued concurrently with1 or based on1 a previously existing notice to appear pursuant to section #bci7;a72 and 7,d7 be served on the noncitizen with such notice to appear at the time of arrest4 7b7 ,revocation of release ,the ,secretary of ,homeland ,security may1 at any time1 upon an individualized determination that there is probable cause to find that a noncitizen presents a danger to the community-- 7#a7 revoke a release authorized under subsection 7a77#b72 7#b7 rearrest the noncitizen pursuant to a warrant described in subsection 7a77#d72 and 7#c7 detain the noncitizen4 4 #d4 ,powers of immigration officers and employees without a warrant ,section #bhg7;a7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aceg7;a77 is amended-- 7#a7 by striking the matter preceding paragraph 7#a7 and all that follows through the end of paragraph 7#b7 and inserting the following3 7#a7 ,unauthorized entry ,any officer or employee of the ,department of ,homeland ,security authorized under regulations prescribed by the ,secretary of ,homeland ,security shall have power1 without a warrant1 to arrest any noncitizen who1 in the presence or view of the officer or employee1 is entering or attempting to enter the ,united ,states at any time or place other than as designated by the ,department of ,homeland ,security or an immigration officer4 7#b7 ,interior arrests 7,a7 ,in general ,any officer or employee of the ,department of ,homeland ,security authorized under regulations prescribed by the ,secretary of ,homeland ,security shall have power1 without a warrant1 to arrest any noncitizen who is physically present in the ,united ,states if the officer or employee has probable cause to believe such individual-- 7i7 is a noncitizen2 7ii7 is subject to removal under section #bab or section #bcg2 7iii7 presents an imminent danger to the community1 which requires immediate arrest2 and 7iv7 is likely to escape before a warrant can be obtained for such arrest4 7,b7 ,documentation ,not later than #ab hours after each arrest carried out pursuant to subparagraph 7,a71 the officer or employee making the arrest shall submit a sworn1 written statement1 under penalty of perjury1 to a supervisory immigration officer or employee that includes an individualized assessment of probable cause regarding the factors described in clauses 7i7 through 7iv7 of subparagraph 7,a7 that are required for such warrantless arrest4 7,c7 ,judicial review ,not later than #bd hours after each arrest carried out pursuant to subparagraph 7,a71 an immigration judge or an appropriate district court of the ,united ,states shall-- 7i7 examine whether such arrest met the requirements under subparagraph 7,a7 based on available evidence1 including-- 7,i7 the sworn statement submitted pursuant to subparagraph 7,b72 and 7,,ii7 in-person testimony from the individual who was arrested2 7ii7 make individualized findings of whether the arresting officer or employee has established probable cause as to the factors described in clauses 7i7 through 7iv7 of subparagraph 7,a7 that are required to make a warrantless arrest2 and 7iii7 if the judge or court determines that the ,department has not established such probable cause and the individual arrested does not present an imminent danger to the community1 the judge or the court shall order the prompt release of the individual4 2 and 7#b7 in paragraph 7#c71 by striking 7#c7 within a reasonable distance and inserting the following3 7#c7 ,other powers ,any officer or employee of the ,department of ,homeland ,security authorized under regulations prescribed by the ,secretary of ,homeland ,security shall have power1 without a warrant-- 7,a7 within a reasonable distance 4 #e4 ,conforming amendments ,section #bhg7;a7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aceg7;a77 is further amended-- 7#a7 in paragraph 7#e71 by redesignating subparagraphs 7,a7 and 7,b7 as clauses 7i7 and 7ii71 respectively1 and by moving such clauses #b ems to the right2 7#b7 by redesignating paragraphs 7#d7 and 7#e7 as subparagraphs 7,b7 and 7,c71 respectively1 and by moving such subparagraphs #b ems to the right2 7#c7 in paragraph 7#c71 as redesignated-- 7,a7 by striking aliens each place such term appears and inserting noncitizens2 and 7,b7 in subparagraph 7,c77ii71 by striking reasonable grounds to believe and inserting probable cause2 and 7#d7 in the undesignated matter following paragraph 7#c77;,c77ii71 as redesignated-- 7,a7 by striking under paragraph 7#e77;,b7 each place it appears and inserting under paragraph 7#c77;,c77ii72 7,b7 by inserting or the ,secretary of ,homeland ,security after ,attorney ,general2 and 7,c7 by striking ,service each place such term appears and inserting ,department of ,homeland ,security4