Federal

Keep Our Communities Safe Act of 2023

Source: Congress.gov · 3,782 words in original text

What This Bill Does

This bill changes how the federal government detains immigrants (people ordered removed from the country) while they wait to leave the United States. It removes time limits on detention in certain cases and allows the government to keep people detained for longer periods after their official removal order. The bill also changes what the government must prove before releasing someone on bond (a promise to pay money if they don't follow court orders). ##

Who It Affects

- Immigrants ordered removed from the United States - The Secretary of Homeland Security (the federal official in charge of immigration enforcement) - The Attorney General (the top law enforcement official) - Federal courts and immigration judges - The Secretary of State (the federal official handling foreign relations) - The Secretary of Health and Human Services (the federal official handling health matters) ##

Key Provisions

- The government can detain immigrants for unlimited periods without time restrictions until they receive a final removal order, with only limited exceptions (Sec. 3(f)) - Immigrants seeking release on bond must prove by clear and convincing evidence that they are not a flight risk or danger to others (Sec. 3(h)(1)) - Immigrants in certain dangerous categories cannot seek release on bond at all (Sec. 3(h)(2)) - The government can detain immigrants for up to 90 days after the normal removal period ends, and can extend detention beyond that if specific conditions are met (Sec. 4(6)) - An immigration judge or immigration official cannot review or change the government's decision to extend detention beyond what the bond rules allow (Sec. 4(6)(F)) ##

What Changes

If this bill becomes law, immigrants ordered removed would lose protections that currently limit how long the government can hold them. Currently, the government can typically only detain someone for about 90 days after a removal order becomes final. This bill removes that time limit entirely for most immigrants and adds new 90-day extensions that the government can renew. Immigrants could also lose the right to ask for release on bond in many situations. The bill also makes it harder for someone to get released by requiring them to prove they are safe (instead of the government proving they are dangerous). Additionally, certain certifications (formal written declarations) by government officials about security threats cannot be challenged in court, only through a limited review process. ##

Important Definitions

- **Recognizance**: A written promise to appear in court or follow court orders, sometimes without posting money - **Removal order**: A final legal decision that someone must leave the United States - **Administratively final**: A decision that has gone through all internal government review steps and cannot be appealed within the agency - **Aggravated felony**: A serious federal crime, as defined in the immigration law (Sec. 5 changes how "crime of violence" is defined) - **Flight risk**: The possibility that someone will try to escape or not appear for court proceedings ##

Effective Date

The changes apply on the date the bill becomes law. The amendments about detaining immigrants during removal proceedings apply to any immigrant in detention on or after that date (Sec. 7(a)). The amendments about immigrants ordered removed apply to all immigrants with final removal orders issued before, on, or after the law takes effect, and to situations or actions happening before or after the law takes effect (Sec. 7(b)).

II 118TH CONGRESS 1ST SESSION S. 333 To amend the Immigration and Nationality Act to provide for extensions of detention of certain aliens ordered removed, and for other purposes. IN THE SENATE OF THE UNITED STATES FEBRUARY 9, 2023 Mrs. BRITT (for herself, Mr. BARRASSO, Mr. BRAUN, Mr. CASSIDY, Mr. COT- TON, Mr. CRAMER, Mr. CRAPO, Mr. CRUZ, Mrs. FISCHER, Mr. GRASS- LEY, Mr. HOEVEN, Mrs. HYDE-SMITH, Mr. MULLIN, Mr. RISCH, Mr. ROUNDS, Mr. RUBIO, Mr. SCHMITT, Mr. THUNE, Mr. TILLIS, Mr. TUBERVILLE, and Mr. BOOZMAN) introduced the following bill; 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 re- moved, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Keep Our Commu- 4 nities Safe Act of 2023’’. 5 SEC. 2. SENSE OF CONGRESS. 6 It is the sense of Congress that— 7 VerDate Sep 11 2014 06:48 Feb 22, 2023 Jkt 039200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S333.IS S333 kjohnson on DSK79L0C42PROD with BILLS 2 •S 333 IS (1) rights guaranteed by the Constitution of the 1 United States should be upheld and protected; 2 (2) Congress intends to uphold the constitu- 3 tional principle of due process of law; and 4 (3) due process of law is a right afforded to 5 every person in the United States. 6 SEC. 3. DETENTION OF DANGEROUS ALIENS DURING RE- 7 MOVAL PROCEEDINGS. 8 Section 236 of the Immigration and Nationality Act 9 (8 U.S.C. 1226) is amended— 10 (1) by striking ‘‘Attorney General’’ each place 11 such term appears and inserting ‘‘Secretary of 12 Homeland Security’’; 13 (2) in subsection (a)— 14 (A) in the matter preceding paragraph (1), 15 by inserting ‘‘or the Attorney General’’ before 16 the em dash; 17 (B) in paragraph (1), by striking ‘‘and’’ at 18 the end; and 19 (C) in paragraph (2)(B), by striking ‘‘con- 20 ditional parole; but’’ and inserting ‘‘recog- 21 nizance; and’’; 22 (3) in subsection (b)— 23 VerDate Sep 11 2014 06:48 Feb 22, 2023 Jkt 039200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S333.IS S333 kjohnson on DSK79L0C42PROD with BILLS 3 •S 333 IS (A) in the subsection heading, by striking 1 ‘‘PAROLE’’ and inserting ‘‘RECOGNIZANCE’’; 2 and 3 (B) by striking ‘‘parole’’ and inserting ‘‘re- 4 cognizance’’; 5 (4) in subsection (c)(1), by striking the undes- 6 ignated matter following subparagraph (D) and in- 7 serting the following: 8 ‘‘any time after the alien is released, without regard 9 to whether an alien is released related to any activ- 10 ity, offense, or conviction described in this para- 11 graph; to whether the alien is released on parole, su- 12 pervised release, or probation; or to whether the 13 alien may be arrested or imprisoned again for the 14 same offense. If the activity described in this para- 15 graph does not result in the alien being taken into 16 custody by any person other than the Secretary, 17 when the alien is brought to the attention of the 18 Secretary or when the Secretary determines it is 19 practical to take such alien into custody, the Sec- 20 retary shall take such alien into custody.’’; 21 (5) in subsection (e), by striking ‘‘Attorney 22 General’s’’ and inserting ‘‘Secretary of Homeland 23 Security’s’’; and 24 (6) by adding at the end the following: 25 VerDate Sep 11 2014 06:48 Feb 22, 2023 Jkt 039200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S333.IS S333 kjohnson on DSK79L0C42PROD with BILLS 4 •S 333 IS ‘‘(f) LENGTH OF DETENTION.—Notwithstanding any 1 other provision under this section, an alien may be de- 2 tained under this section for any period, without limita- 3 tion, except as provided in subsection (h), until the alien 4 is subject to a final order of removal. The length of deten- 5 tion under this section shall not affect a detention under 6 section 241. 7 ‘‘(g) ADMINISTRATIVE REVIEW.— 8 ‘‘(1) LIMITATION.—The Attorney General’s re- 9 view of the Secretary of Homeland Security’s cus- 10 tody determinations under subsection (a) shall be 11 limited to whether the alien may be detained, re- 12 leased on bond (of at least $1,500 with security ap- 13 proved by the Secretary), or released with no bond. 14 Any review involving an alien described in paragraph 15 (2)(D) shall be limited to a determination of whether 16 the alien is properly included in such category. 17 ‘‘(2) CLASSES OF ALIENS.—The Attorney Gen- 18 eral shall review the Secretary’s custody determina- 19 tions for— 20 ‘‘(A) aliens in exclusion proceedings; 21 ‘‘(B) aliens described in section 212(a)(3) 22 or 237(a)(4); 23 ‘‘(C) aliens described in subsection (c); and 24 VerDate Sep 11 2014 06:48 Feb 22, 2023 Jkt 039200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S333.IS S333 kjohnson on DSK79L0C42PROD with BILLS 5 •S 333 IS ‘‘(D) aliens in deportation proceedings 1 under section 242(a)(2) (as in effect between 2 April 24, 1996, and April 1, 1997). 3 ‘‘(h) RELEASE ON BOND.— 4 ‘‘(1) IN GENERAL.—An alien detained pursuant 5 to subsection (a) may seek release on bond. No bond 6 may be granted under this subsection unless the 7 alien establishes, by clear and convincing evidence, 8 that the alien is not a flight risk or a risk to another 9 person or the community. 10 ‘‘(2) CERTAIN ALIENS INELIGIBLE.—No alien 11 detained pursuant to subsection (c) may seek release 12 on bond under this subsection.’’. 13 SEC. 4. ALIENS ORDERED REMOVED. 14 Section 241(a) of the Immigration and Nationality 15 Act (8 U.S.C. 1231(a)) is amended— 16 (1) by striking ‘‘Attorney General’’ each place 17 such term appears (except for the first place it ap- 18 pears in paragraph (4)(B)(i)) and inserting ‘‘Sec- 19 retary of Homeland Security’’; 20 (2) in paragraph (1)— 21 (A) by striking subparagraphs (B) and (C) 22 and inserting the following: 23 ‘‘(B) BEGINNING OF PERIOD.—The re- 24 moval period begins on the latest of— 25 VerDate Sep 11 2014 06:48 Feb 22, 2023 Jkt 039200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S333.IS S333 kjohnson on DSK79L0C42PROD with BILLS 6 •S 333 IS ‘‘(i) the date on which the order of re- 1 moval becomes administratively final; 2 ‘‘(ii) the date on which the alien is 3 taken into such custody if the alien is not 4 in the custody of the Secretary on the date 5 on which the order of removal becomes ad- 6 ministratively final; and 7 ‘‘(iii) the date on which the alien is 8 taken into the custody of the Secretary 9 after the alien is released from detention 10 or confinement if the alien is detained or 11 confined (except for an immigration proc- 12 ess) on the date on which the order of re- 13 moval becomes administratively final. 14 ‘‘(C) SUSPENSION OF PERIOD.— 15 ‘‘(i) EXTENSION.—The removal period 16 shall be extended beyond 90 days and the 17 Secretary may, in the Secretary’s sole dis- 18 cretion, keep the alien in detention during 19 such extended period, if— 20 ‘‘(I) the alien fails or refuses to 21 make all reasonable efforts to comply 22 with the removal order, or to fully co- 23 operate with the Secretary’s efforts to 24 establish the alien’s identity and carry 25 VerDate Sep 11 2014 06:48 Feb 22, 2023 Jkt 039200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S333.IS S333 kjohnson on DSK79L0C42PROD with BILLS 7 •S 333 IS out the removal order, including mak- 1 ing timely application in good faith 2 for travel or other documents nec- 3 essary to the alien’s departure or con- 4 spires or acts to prevent the alien’s 5 removal that is subject to an order of 6 removal; 7 ‘‘(II) a court, the Board of Immi- 8 gration Appeals, or an immigration 9 judge orders a stay of removal of an 10 alien who is subject to an administra- 11 tively final order of removal; 12 ‘‘(III) the Secretary transfers 13 custody of the alien pursuant to law 14 to another Federal agency or a State 15 or local government agency in connec- 16 tion with the official duties of such 17 agency; or 18 ‘‘(IV) a court or the Board of 19 Immigration Appeals orders a remand 20 to an immigration judge or the Board 21 of Immigration Appeals, during the 22 time period when the case is pending 23 a decision on remand (with the re- 24 moval period beginning anew on the 25 VerDate Sep 11 2014 06:48 Feb 22, 2023 Jkt 039200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S333.IS S333 kjohnson on DSK79L0C42PROD with BILLS 8 •S 333 IS date that the alien is ordered removed 1 on remand). 2 ‘‘(ii) RENEWAL.—If the removal pe- 3 riod has been extended under clause (i), a 4 new removal period shall be deemed to 5 have begun on the date on which— 6 ‘‘(I) the alien makes all reason- 7 able efforts to comply with the re- 8 moval order, or to fully cooperate with 9 the Secretary’s efforts to establish the 10 alien’s identity and carry out the re- 11 moval order; 12 ‘‘(II) the stay of removal is no 13 longer in effect; or 14 ‘‘(III) the alien is returned to the 15 custody of the Secretary. 16 ‘‘(iii) MANDATORY DETENTION FOR 17 CERTAIN ALIENS.—The Secretary shall 18 keep an alien described in subparagraphs 19 (A) through (D) of section 236(c)(1) in de- 20 tention during the extended period de- 21 scribed in clause (i). 22 ‘‘(iv) SOLE FORM OF RELIEF.—An 23 alien may only seek relief from detention 24 under this subparagraph by filing an appli- 25 VerDate Sep 11 2014 06:48 Feb 22, 2023 Jkt 039200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S333.IS S333 kjohnson on DSK79L0C42PROD with BILLS 9 •S 333 IS cation for a writ of habeas corpus in ac- 1 cordance with chapter 153 of title 28, 2 United States Code. No alien whose period 3 of detention is extended under this sub- 4 paragraph shall have the right to seek re- 5 lease on bond.’’; 6 (3) in paragraph (3)— 7 (A) in the matter preceding subparagraph 8 (A), by inserting ‘‘or is not detained pursuant 9 to paragraph (6)’’ after ‘‘the removal period’’; 10 and 11 (B) by amending subparagraph (D) to 12 read as follows: 13 ‘‘(D) to obey reasonable restrictions on the 14 alien’s conduct or activities that the Secretary 15 prescribes for the alien— 16 ‘‘(i) to prevent the alien from ab- 17 sconding; 18 ‘‘(ii) for the protection of the commu- 19 nity; or 20 ‘‘(iii) for other purposes related to the 21 enforcement of Federal immigration 22 laws.’’; 23 (4) in paragraph (4)(A), by striking ‘‘paragraph 24 (2)’’ and inserting ‘‘subparagraph (B)’’; and 25 VerDate Sep 11 2014 06:48 Feb 22, 2023 Jkt 039200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\S333.IS S333 kjohnson on DSK79L0C42PROD with BILLS 10 •S 333 IS (5) by amending paragraph (6) to read as fol- 1 lows: 2 ‘‘(6) ADDITIONAL RULES FOR DETENTION OR 3 RELEASE OF CERTAIN ALIENS.— 4 ‘‘(A) DETENTION REVIEW PROCESS FOR 5 COOPERATIVE ALIENS ESTABLISHED.— 6 ‘‘(i) IN GENERAL.—The Secretary of 7 Homeland Security shall establish an ad- 8 ministrative review process to determine 9 whether an alien who is not otherwise sub- 10 ject to mandatory detention, who has made 11 all reasonable efforts to comply with a re- 12 moval order and to cooperate fully with the 13 Secretary’s efforts to establish the alien’s 14 identity and carry out the removal order, 15 including making timely application in 16 good faith for travel or other documents 17 necessary to the alien’s departure, and who 18 has not conspired or acted to prevent re- 19 moval should be detained or released on 20 conditions. 21 ‘‘(ii) DETERMINATION.—The Sec- 22 retary of Homeland Security shall make a 23 determination whether to release an alien 24 VerDate Sep 11 2014 06:48 Feb 22, 2023 Jkt 039200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\S333.IS S333 kjohnson on DSK79L0C42PROD with BILLS 11 •S 333 IS after the removal period in accordance with 1 subparagraph (B), which— 2 ‘‘(I) shall include consideration of 3 any evidence submitted by the alien; 4 and 5 ‘‘(II) may include consideration 6 of any other evidence, including— 7 ‘‘(aa) any information or as- 8 sistance provided by the Sec- 9 retary of State or other Federal 10 official; and 11 ‘‘(bb) any other information 12 available to the Secretary of 13 Homeland Security pertaining to 14 the ability to remove the alien. 15 ‘‘(B) AUTHORITY TO DETAIN BEYOND RE- 16 MOVAL PERIOD.— 17 ‘‘(i) IN GENERAL.—The Secretary of 18 Homeland Security may continue to detain 19 an alien for 90 days beyond the removal 20 period (including any extension of the re- 21 moval period under paragraph (1)(C)). An 22 alien whose detention is extended under 23 this subparagraph shall not have the right 24 to seek release on bond. 25 VerDate Sep 11 2014 06:48 Feb 22, 2023 Jkt 039200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\S333.IS S333 kjohnson on DSK79L0C42PROD with BILLS 12 •S 333 IS ‘‘(ii) SPECIFIC CIRCUMSTANCES.—The 1 Secretary of Homeland Security may con- 2 tinue to detain an alien beyond the 90 3 days authorized under clause (i)— 4 ‘‘(I) until the alien is removed, if 5 the Secretary determines that there is 6 a significant likelihood that the 7 alien— 8 ‘‘(aa) will be removed in the 9 reasonably foreseeable future; 10 ‘‘(bb) would be removed in 11 the reasonably foreseeable future; 12 or 13 ‘‘(cc) would have been re- 14 moved if the alien had not— 15 ‘‘(AA) failed or refused 16 to make all reasonable ef- 17 forts to comply with the re- 18 moval order; 19 ‘‘(BB) failed or refused 20 to cooperate fully with the 21 Secretary’s efforts to estab- 22 lish the alien’s identity and 23 carry out the removal order, 24 including making timely ap- 25 VerDate Sep 11 2014 06:48 Feb 22, 2023 Jkt 039200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\S333.IS S333 kjohnson on DSK79L0C42PROD with BILLS 13 •S 333 IS plication in good faith for 1 travel or other documents 2 necessary to the alien’s de- 3 parture; or 4 ‘‘(CC) conspired or 5 acted to prevent removal; 6 ‘‘(II) until the alien is removed, 7 if the Secretary of Homeland Security 8 certifies in writing— 9 ‘‘(aa) in consultation with 10 the Secretary of Health and 11 Human Services, that the alien 12 has a highly contagious disease 13 that poses a threat to public safe- 14 ty; 15 ‘‘(bb) after receipt of a writ- 16 ten recommendation from the 17 Secretary of State, that release 18 of the alien is likely to have seri- 19 ous adverse foreign policy con- 20 sequences for the United States; 21 ‘‘(cc) based on information 22 available to the Secretary of 23 Homeland Security (including 24 classified, sensitive, or national 25 VerDate Sep 11 2014 06:48 Feb 22, 2023 Jkt 039200 PO 00000 Frm 00013 Fmt 6652 Sfmt 6201 E:\BILLS\S333.IS S333 kjohnson on DSK79L0C42PROD with BILLS 14 •S 333 IS security information, and without 1 regard to the grounds upon 2 which the alien was ordered re- 3 moved) [Text truncated for display. Full text available on Congress.gov.]

Important: This plain English summary was generated by AI and is provided for informational purposes only. It is not legal advice. Always consult the official bill text on Congress.gov or a qualified attorney for legal matters.