Keep Our Communities Safe Act of 2019

II 116TH CONGRESS 1ST SESSION S. 2869 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 NOVEMBER 14, 2019 Mr. INHOFE (for himself, Mr. COTTON, Mr. PERDUE, Mr. BOOZMAN, Mr. CRAMER, and Mr. CRUZ) 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 2019’’. 5 SEC. 2. SENSE OF CONGRESS. 6 It is the sense of Congress that— 7 (1) constitutional rights should be upheld and 8 protected; 9 VerDate Sep 11 2014 04:06 Nov 20, 2019 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S2869.IS S2869 kjohnson on DSK79L0C42 with BILLS 2 •S 2869 IS (2) Congress intends to uphold the constitu- 1 tional principle of due process; and 2 (3) due process of the law is a right afforded 3 to every person in the United States. 4 SEC. 3. DETENTION OF DANGEROUS ALIENS DURING RE- 5 MOVAL PROCEEDINGS. 6 Section 236 of the Immigration and Nationality Act 7 (8 U.S.C. 1226) is amended— 8 (1) by striking ‘‘Attorney General’’ each place 9 such term appears and inserting ‘‘Secretary of 10 Homeland Security’’; 11 (2) in subsection (a)— 12 (A) in the matter preceding paragraph (1), 13 by inserting ‘‘or the Attorney General’’ before 14 the em dash; 15 (B) in paragraph (1), by striking ‘‘and’’ at 16 the end; and 17 (C) in paragraph (2)(B), by striking ‘‘con- 18 ditional parole; but’’ and inserting ‘‘recog- 19 nizance; and’’; 20 (3) in subsection (b)— 21 (A) in the subsection heading, by striking 22 ‘‘PAROLE’’ and inserting ‘‘RECOGNIZANCE’’; 23 and 24 VerDate Sep 11 2014 04:06 Nov 20, 2019 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S2869.IS S2869 kjohnson on DSK79L0C42 with BILLS 3 •S 2869 IS (B) by striking ‘‘parole’’ and inserting ‘‘re- 1 cognizance’’; 2 (4) in subsection (c)(1), by striking the undes- 3 ignated matter following subparagraph (D) and in- 4 serting the following: 5 ‘‘any time after the alien is released, without regard 6 to whether an alien is released related to any activ- 7 ity, offense, or conviction described in this para- 8 graph; to whether the alien is released on parole, su- 9 pervised release, or probation; or to whether the 10 alien may be arrested or imprisoned again for the 11 same offense. If the activity described in this para- 12 graph does not result in the alien being taken into 13 custody by any person other than the Secretary, 14 then when the alien is brought to the attention of 15 the Secretary or when the Secretary determines it is 16 practical to take such alien into custody, the Sec- 17 retary shall take such alien into custody.’’; 18 (5) in subsection (e), by striking ‘‘Attorney 19 General’s’’ and inserting ‘‘Secretary of Homeland 20 Security’s’’; and 21 (6) by adding at the end the following: 22 ‘‘(f) LENGTH OF DETENTION.—Notwithstanding any 23 other provision under this section, an alien may be de- 24 tained under this section for any period, without limita- 25 VerDate Sep 11 2014 04:06 Nov 20, 2019 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S2869.IS S2869 kjohnson on DSK79L0C42 with BILLS 4 •S 2869 IS tion, except as provided in subsection (h), until the alien 1 is subject to a final order of removal. The length of deten- 2 tion under this section shall not affect a detention under 3 section 241. 4 ‘‘(g) ADMINISTRATIVE REVIEW.— 5 ‘‘(1) LIMITATION.—The Attorney General’s re- 6 view of the Secretary of Homeland Security’s cus- 7 tody determinations under subsection (a) shall be 8 limited to whether the alien may be detained, re- 9 leased on bond (of at least $1,500 with security ap- 10 proved by the Secretary), or released with no bond. 11 Any review involving an alien described in paragraph 12 (2)(D) shall be limited to a determination of whether 13 the alien is properly included in such category. 14 ‘‘(2) CLASSES OF ALIENS.—The Attorney Gen- 15 eral shall review the Secretary’s custody determina- 16 tions for— 17 ‘‘(A) aliens in exclusion proceedings; 18 ‘‘(B) aliens described in sections 212(a)(3) 19 and 237(a)(4); 20 ‘‘(C) aliens described in subsection (c); and 21 ‘‘(D) aliens in deportation proceedings sub- 22 ject to section 242(a)(2) (as in effect between 23 April 24, 1996, and April 1, 1997). 24 ‘‘(h) RELEASE ON BOND.— 25 VerDate Sep 11 2014 04:06 Nov 20, 2019 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S2869.IS S2869 kjohnson on DSK79L0C42 with BILLS 5 •S 2869 IS ‘‘(1) IN GENERAL.—An alien detained under 1 subsection (a) may seek release on bond. No bond 2 may be granted except to an alien who establishes 3 by clear and convincing evidence that the alien is not 4 a flight risk or a risk to another person or the com- 5 munity. 6 ‘‘(2) CERTAIN ALIENS INELIGIBLE.—No alien 7 detained under subsection (c) may seek release on 8 bond.’’. 9 SEC. 4. ALIENS ORDERED REMOVED. 10 Section 241(a) of the Immigration and Nationality 11 Act (8 U.S.C. 1231(a)) is amended— 12 (1) by striking ‘‘Attorney General’’ each place 13 such term appears (except for the first place it ap- 14 pears in paragraph (4)(B)(i)) and inserting ‘‘Sec- 15 retary of Homeland Security’’; 16 (2) in paragraph (1)— 17 (A) by amending subparagraphs (B) and 18 (C) to read as follows: 19 ‘‘(B) BEGINNING OF PERIOD.—The re- 20 moval period begins on the latest of— 21 ‘‘(i) the date on which the order of re- 22 moval becomes administratively final; 23 ‘‘(ii) the date on which the alien is 24 taken into such custody if the alien is not 25 VerDate Sep 11 2014 04:06 Nov 20, 2019 Jkt 099200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S2869.IS S2869 kjohnson on DSK79L0C42 with BILLS 6 •S 2869 IS in the custody of the Secretary on the date 1 on which the order of removal becomes ad- 2 ministratively final; and 3 ‘‘(iii) the date on which the alien is 4 taken into the custody of the Secretary 5 after the alien is released from detention 6 or confinement if the alien is detained or 7 confined (except for an immigration proc- 8 ess) on the date on which the order of re- 9 moval becomes administratively final. 10 ‘‘(C) SUSPENSION OF PERIOD.— 11 ‘‘(i) EXTENSION.—The removal period 12 shall be extended beyond a period of 90 13 days and the Secretary may, in the Sec- 14 retary’s sole discretion, keep the alien in 15 detention during such extended period, if— 16 ‘‘(I) the alien fails or refuses to 17 make all reasonable efforts to comply 18 with the removal order, or to fully co- 19 operate with the Secretary’s efforts to 20 establish the alien’s identity and carry 21 out the removal order, including mak- 22 ing timely application in good faith 23 for travel or other documents nec- 24 essary to the alien’s departure or con- 25 VerDate Sep 11 2014 04:06 Nov 20, 2019 Jkt 099200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S2869.IS S2869 kjohnson on DSK79L0C42 with BILLS 7 •S 2869 IS spires or acts to prevent the alien’s 1 removal that is subject to an order of 2 removal; 3 ‘‘(II) a court, the Board of Immi- 4 gration Appeals, or an immigration 5 judge orders a stay of removal of an 6 alien who is subject to an administra- 7 tively final order of removal; 8 ‘‘(III) the Secretary transfers 9 custody of the alien pursuant to law 10 to another Federal agency or a State 11 or local government agency in connec- 12 tion with the official duties of such 13 agency; or 14 ‘‘(IV) a court or the Board of 15 Immigration Appeals orders a remand 16 to an immigration judge or the Board 17 of Immigration Appeals, during the 18 time period when the case is pending 19 a decision on remand (with the re- 20 moval period beginning anew on the 21 date that the alien is ordered removed 22 on remand). 23 ‘‘(ii) RENEWAL.—If the removal pe- 24 riod has been extended under clause (i), a 25 VerDate Sep 11 2014 04:06 Nov 20, 2019 Jkt 099200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S2869.IS S2869 kjohnson on DSK79L0C42 with BILLS 8 •S 2869 IS new removal period shall be deemed to 1 have begun on the date on which— 2 ‘‘(I) the alien makes all reason- 3 able efforts to comply with the re- 4 moval order, or to fully cooperate with 5 the Secretary’s efforts to establish the 6 alien’s identity and carry out the re- 7 moval order; 8 ‘‘(II) the stay of removal is no 9 longer in effect; or 10 ‘‘(III) the alien is returned to the 11 custody of the Secretary. 12 ‘‘(iii) MANDATORY DETENTION FOR 13 CERTAIN ALIENS.—The Secretary shall 14 keep an alien described in subparagraphs 15 (A) through (D) of section 236(c)(1) in de- 16 tention during the extended period de- 17 scribed in clause (i). 18 ‘‘(iv) SOLE FORM OF RELIEF.—An 19 alien may only seek relief from detention 20 under this subparagraph by filing an appli- 21 cation for a writ of habeas corpus in ac- 22 cordance with chapter 153 of title 28, 23 United States Code. No alien whose period 24 of detention is extended under this sub- 25 VerDate Sep 11 2014 04:06 Nov 20, 2019 Jkt 099200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S2869.IS S2869 kjohnson on DSK79L0C42 with BILLS 9 •S 2869 IS paragraph shall have the right to seek re- 1 lease on bond.’’; 2 (3) in paragraph (3)— 3 (A) in the matter preceding subparagraph 4 (A), by inserting ‘‘or is not detained pursuant 5 to paragraph (6)’’ after ‘‘the removal period’’; 6 and 7 (B) by amending subparagraph (D) to 8 read as follows: 9 ‘‘(D) to obey reasonable restrictions on the 10 alien’s conduct or activities that the Secretary 11 prescribes for the alien— 12 ‘‘(i) to prevent the alien from ab- 13 sconding; 14 ‘‘(ii) for the protection of the commu- 15 nity; or 16 ‘‘(iii) for other purposes related to the 17 enforcement of Federal immigration 18 laws.’’; 19 (4) in paragraph (4)(A), by striking ‘‘paragraph 20 (2)’’ and inserting ‘‘subparagraph (B)’’; and 21 (5) by amending paragraph (6) to read as fol- 22 lows: 23 ‘‘(6) ADDITIONAL RULES FOR DETENTION OR 24 RELEASE OF CERTAIN ALIENS.— 25 VerDate Sep 11 2014 04:06 Nov 20, 2019 Jkt 099200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\S2869.IS S2869 kjohnson on DSK79L0C42 with BILLS 10 •S 2869 IS ‘‘(A) DETENTION REVIEW PROCESS FOR 1 COOPERATIVE ALIENS ESTABLISHED.— 2 ‘‘(i) IN GENERAL.—The Secretary 3 shall establish an administrative review 4 process to determine whether an alien who 5 is not otherwise subject to mandatory de- 6 tention, who has made all reasonable ef- 7 forts to comply with a removal order and 8 to cooperate fully with the Secretary of 9 Homeland Security’s efforts to establish 10 the alien’s identity and carry out the re- 11 moval order, including making timely ap- 12 plication in good faith for travel or other 13 documents necessary to the alien’s depar- 14 ture, and who has not conspired or acted 15 to prevent removal should be detained or 16 released on conditions. 17 ‘‘(ii) DETERMINATION.—The Sec- 18 retary shall make a determination whether 19 to release an alien after the removal period 20 in accordance with subparagraph (B), 21 which— 22 ‘‘(I) shall include consideration of 23 any evidence submitted by the alien; 24 and 25 VerDate Sep 11 2014 04:06 Nov 20, 2019 Jkt 099200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\S2869.IS S2869 kjohnson on DSK79L0C42 with BILLS 11 •S 2869 IS ‘‘(II) may include consideration 1 of any other evidence, including— 2 ‘‘(aa) any information or as- 3 sistance provided by the Sec- 4 retary of State or other Federal 5 official; and 6 ‘‘(bb) any other information 7 available to the Secretary of 8 Homeland Security pertaining to 9 the ability to remove the alien. 10 ‘‘(B) AUTHORITY TO DETAIN BEYOND RE- 11 MOVAL PERIOD.— 12 ‘‘(i) IN GENERAL.—The Secretary of 13 Homeland Security may continue to detain 14 an alien for 90 days beyond the removal 15 period (including any extension of the re- 16 moval period under paragraph (1)(C)). An 17 alien whose detention is extended under 18 this subparagraph shall not have the right 19 to seek release on bond. 20 ‘‘(ii) SPECIFIC CIRCUMSTANCES.—The 21 Secretary of Homeland Security may con- 22 tinue to detain an alien beyond the 90 23 days authorized under clause (i)— 24 VerDate Sep 11 2014 04:06 Nov 20, 2019 Jkt 099200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\S2869.IS S2869 kjohnson on DSK79L0C42 with BILLS 12 •S 2869 IS ‘‘(I) until the alien is removed, if 1 the Secretary determines that there is 2 a significant likelihood that the 3 alien— 4 ‘‘(aa) will be removed in the 5 reasonably foreseeable future; 6 ‘‘(bb) would be removed in 7 the reasonably foreseeable future; 8 or 9 ‘‘(cc) would have been re- 10 moved if the alien had not— 11 ‘‘(AA) failed or refused 12 to make all reasonable ef- 13 forts to comply with the re- 14 moval order; 15 ‘‘(BB) failed or refused 16 to cooperate fully with the 17 Secretary’s efforts to estab- 18 lish the alien’s identity and 19 carry out the removal order, 20 including making timely ap- 21 plication in good faith for 22 travel or other documents 23 necessary to the alien’s de- 24 parture; or 25 VerDate Sep 11 2014 04:06 Nov 20, 2019 Jkt 099200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\S2869.IS S2869 kjohnson on DSK79L0C42 with BILLS 13 •S 2869 IS ‘‘(CC) conspired or 1 acted to prevent removal; 2 ‘‘(II) until the alien is removed, 3 if the Secretary of Homeland Security 4 certifies in writing— 5 ‘‘(aa) in consultation with 6 the Secretary of Health and 7 Human Services, that the alien 8 has a highly contagious disease 9 that poses a threat to public safe- 10 ty; 11 ‘‘(bb) after receipt of a writ- 12 ten recommendation from the 13 Secretary of State, that release 14 of the alien is likely to have seri- 15 ous adverse foreign policy con- 16 sequences for the United States; 17 ‘‘(cc) based on information 18 available to the Secretary of 19 Homeland Security (including 20 classified, sensitive, or national 21 security information, and without 22 regard to the grounds upon 23 which the alien was ordered re- 24 moved), that there is reason to 25 VerDate Sep 11 2014 04:06 Nov 20, 2019 Jkt 099200 PO 00000 Frm 00013 Fmt 6652 Sfmt 6201 E:\BILLS\S2869.IS S2869 kjohnson on DSK79L0C42 with BILLS 14 •S 2869 IS believe that the release of the 1 alien would threaten the national 2 security of the United States; or 3 ‘‘(dd) that the release of the 4 alien will threaten the safety of 5 the community or any person, 6 conditions of release cannot rea- 7 sonably be expected to e [Text truncated for display. 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