Keep Our Communities Safe Act of 2011 - Amends the Immigration and Nationality Act (INA) to revise provisions regarding the detention and removal of aliens ordered removed.
Begins the removal period on the latest of: (1) the date the removal order becomes administratively final; (2) the date the alien is taken into Department of Homeland Security (DHS) custody if the alien is not in DHS custody on the date the removal order becomes administratively final; or (3) if the alien is detained or confined (except under an immigration process) on the date the removal order becomes administratively final, the date the alien is taken into DHS custody after the alien is released from detention or confinement.
Extends the removal (and detention) period beyond 90 days if: (1) the alien fails or refuses to comply with the removal order or to fully cooperate with DHS efforts to establish the alien's identity and carry out the removal order; (2) a court, the Board of Immigration Appeals, or an immigration judge orders a stay of removal of an alien who is subject to a final removal order; or (3) DHS transfers custody of the alien to another federal agency or to a state or local agency.
Begins a new removal period in the case of such an extended removal on the date: (1) the alien makes all reasonable efforts to comply with the removal order or to fully cooperate with DHS efforts to establish the alien's identity and carry out the removal order, (2) the stay of removal is no longer in effect, or (3) the alien is returned to DHS custody.
Authorizes DHS to detain indefinitely, subject to six-month review, an alien under removal order who cannot be removed if: (1) the alien will be removed in the reasonably foreseeable future; (2) the alien would have been removed but for the alien's refusal to cooperate with DHS identification and removal efforts; (3) the alien has a highly contagious disease that poses a public safety threat; (4) release would have serious adverse foreign policy consequences or would threaten national security; (5) release would threaten the safety of the community or any person and the alien has been convicted of either one or more aggravated felonies or crimes of violence and, because of a mental or personality condition, is likely to engage in future acts of violence; or (6) release would threaten the safety of the community or any person and the alien has been convicted of one or more aggravated felonies.
Authorizes unlimited detention of certain aliens during removal proceedings.
States that habeas corpus review of such detention and related actions or decisions shall be available only in the U.S. District Court for the District of Columbia after exhaustion of administrative remedies.
Subjects a criminal alien to mandatory DHS detention upon release without regard to whether the alien's release is related to: (1) certain activities, offenses, or convictions under INA; (2) whether the alien is released on parole, supervised release, or probation; or (3) whether the alien may be arrested or imprisoned again for the same offense.
Limits the Attorney General's (DOJ) review of DHS custody determinations to whether the alien may be detained, released with no bond, or released on bond of at least $1,500.
Limits the Attorney General's review of DHS custody determinations for an alien in certain categories to whether the alien was properly included in such category.
Expresses the sense of Congress that: (1) this Act should ensure that constitutional rights are protected, and (2) it is the intention of Congress to uphold the constitutional principles of due process and that due process is a right of everyone in the United States.
[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1932 Introduced in House (IH)]
112th CONGRESS
1st Session
H. R. 1932
To amend the Immigration and Nationality Act to provide for extensions
of detention of certain aliens ordered removed, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
May 23, 2011
Mr. Smith of Texas introduced the following bill; which was 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 removed, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Keep Our Communities Safe Act of
2011''.
SEC. 2. DETENTION OF DANGEROUS ALIENS.
(a) In General.--Section 241(a) of the Immigration and Nationality
Act (8 U.S.C. 1231(a)) is amended--
(1) by striking out ``Attorney General'' each place it
appears, except for the first reference in clause (a)(4)(B)(i),
and inserting ``Secretary'';
(2) in paragraph (1), by amending subparagraph (B) to read
as follows:
``(B) Beginning of period.--The removal period
begins on the latest of the following:
``(i) The date the order of removal becomes
administratively final.
``(ii) If the alien is not in the custody
of the Secretary on the date the order of
removal becomes administratively final, the
date the alien is taken into such custody.
``(iii) If the alien is detained or
confined (except under an immigration process)
on the date the order of removal becomes
administratively final, the date the alien is
taken into the custody of the Secretary, after
the alien is released from such detention or
confinement.'';
(3) in paragraph (1), by amending subparagraph (C) to read
as follows:
``(C) Suspension of period.--
``(i) Extension.--The removal period shall
be extended beyond a period of 90 days and the
alien may remain in detention during such
extended period if--
``(I) the alien fails or refuses to
make all reasonable efforts to comply
with the removal order, or to fully
cooperate with the Secretary's efforts
to establish the alien's identity and
carry out the removal order, 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 removal;
``(II) a court, the Board of
Immigration Appeals, or an immigration
judge orders a stay of removal of an
alien who is subject to an
administratively final order of
removal; or
``(III) 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
agency.
``(ii) Renewal.--If the removal period has
been extended under clause (C)(i), a new
removal period shall be deemed to have begun on
the date--
``(I) the alien makes all
reasonable efforts to comply with the
removal order, or to fully cooperate
with the Secretary's efforts to
establish the alien's identity and
carry out the removal order;
``(II) the stay of removal is no
longer in effect; or
``(III) the alien is returned to
the custody of the Secretary.'';
(4) in paragraph (3)--
(A) by adding after ``If the alien does not leave
or is not removed within the removal period'' the
following: ``or is not detained pursuant to paragraph
(6) of this subsection''; and
(B) by striking subparagraph (D) and inserting the
following:
``(D) to obey reasonable restrictions on the
alien's conduct or activities that the Secretary
prescribes for the alien, in order to prevent the alien
from absconding, for the protection of the community,
or for other purposes related to the enforcement of the
immigration laws.''.
(5) in subparagraph (4)(A), by striking ``paragraph (2)''
and inserting ``subparagraph (B)'';
(6) by striking paragraph (6) and inserting the following:
``(6) Additional rules for detention or release of certain
aliens.--
``(A) Detention review process for cooperative
aliens established.--For an alien who is not otherwise
subject to mandatory detention, 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 order, including making
timely application in good faith for travel or other
documents necessary to the alien's departure, and who
has not conspired or acted to prevent removal, the
Secretary shall establish an administrative review
process to determine whether the alien should be
detained or released on conditions. The Secretary shall
make a determination whether to release an alien after
the removal period in accordance with subparagraph (B).
The determination shall include consideration of any
evidence submitted by the alien, and may include
consideration of any other evidence, 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 alien.
``(B) Authority to detain beyond removal period.--
``(i) In general.--The Secretary of
Homeland Security, in the exercise of the
Secretary's discretion, may continue to detain
an alien for 90 days beyond the removal period
(including any extension of the removal period
as provided in paragraph (1)(C)).
``(ii) Specific circumstances.--The
Secretary of Homeland Security, in the exercise
of the Secretary's discretion, may continue to
detain an alien beyond the 90 days authorized
in clause (i)--
``(I) until the alien is removed,
if the Secretary determines that there
is a significant likelihood that the
alien--
``(aa) will be removed in
the reasonably foreseeable
future; or
``(bb) would be removed in
the reasonably foreseeable
future, or would have been
removed, but for the alien's
failure or refusal to make all
reasonable efforts to comply
with the removal order, or to
cooperate fully with the
Secretary's efforts to
establish the alien's identity
and carry out the removal
order, including making timely
application in good faith for
travel or other documents
necessary to the alien's
departure, or conspires or acts
to prevent removal;
``(II) until the alien is removed,
if the Secretary of Homeland Security
certifies in writing--
``(aa) in consultation with
the Secretary of Health and
Human Services, that the alien
has a highly contagious disease
that poses a threat to public
safety;
``(bb) after receipt of a
written recommendation from the
Secretary of State, that
release of the alien is likely
to have serious adverse foreign
policy consequences for the
United States;
``(cc) based on information
available to the Secretary of
Homeland Security (including
classified, sensitive, or
national security information,
and without regard to the
grounds upon which the alien
was ordered removed), that
there is reason to believe that
the release of the alien would
threaten the national security
of the United States; or
``(dd) that the release of
the alien will threaten the
safety of the community or any
person, conditions of release
cannot reasonably be expected
to ensure the safety of the
community or any person, and
either (AA) the alien has been
convicted of one or more
aggravated felonies (as defined
in section 101(a)(43)(A)) or of
one or more crimes identified
by the Secretary of Homeland
Security by regulation, or of
one or more attempts or
conspiracies to commit any such
aggravated felonies or such
identified crimes, if the
aggregate term of imprisonment
for such attempts or
conspiracies is at least 5
years; or (BB) the alien has
committed one or more crimes of
violence (as defined in section
16 of title 18, United States
Code, but not including a
purely political offense) and,
because of a mental condition
or personality disorder and
behavior associated with that
condition or disorder, the
alien is likely to engage in
acts of violence in the future;
or
``(ee) that the release of
the alien will threaten the
safety of the community or any
person, conditions of release
cannot reasonably be expected
to ensure the safety of the
community or any person, and
the alien has been convicted of
at least one aggravated felony
(as defined in section
101(a)(43)); or
``(III) pending a certification
under subclause (II), so long as the
Secretary of Homeland Security has
initiated the administrative review
process not later than 30 days after
the expiration of the removal period
(including any extension of the removal
period, as provided in paragraph
(1)(C)).
``(C) Renewal and delegation of certification.--
``(i) Renewal.--The Secretary of Homeland
Security may renew a certification under
subparagraph (B)(ii)(II) every 6 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 request. If the Secretary does
not renew a certification, the Secretary may
not continue to detain the alien under
subparagraph (B)(ii)(II).
``(ii) Delegation.--Notwithstanding section
103, the Secretary of Homeland Security may not
delegate the authority to make or renew a
certification described in item (bb), (cc), or
(ee) of subparagraph (B)(ii)(II) below the
level of the Assistant Secretary for
Immigration and Customs Enforcement.
``(iii) 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 (dd)(BB) of subparagraph (B)(ii)(II).
``(D) Release on conditions.--If it is determined
that an alien should be released from detention by a
Federal court, the Board of Immigration Appeals, or if
an immigration judge orders a stay of removal, the
Secretary of Homeland Security, in the exercise of the
Secretary's discretion, may impose conditions on
release as provided in paragraph (3).
``(E) Redetention.--The Secretary of Homeland
Security, in the exercise of the Secretary's
discretion, without any limitations other than those
specified in this section, may again detain any alien
subject to a final removal order who is released from
custody, if removal becomes likely in the reasonably
foreseeable future, the alien fails to comply with the
conditions of release, or to continue to satisfy the
conditions described in subparagraph (A), or if, upon
reconsideration, the Secretary determines that the
alien can be detained under subparagraph (B). 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 redetention.''; and
(7) by inserting after paragraph (7) the following:
``(8) Judicial review.--Without regard to the place of
confinement, judicial review of any action or decision pursuant
to this section shall be available exclusively in habeas corpus
proceedings instituted in the United States District Court for
the District of Columbia, and only if the alien has exhausted
all administrative remedies (statutory and regulatory)
available to the alien as of right.''.
(b) Detention of Aliens During Removal Proceedings.--
(1) Clerical amendment.--Sections 235 and 236 of the
Immigration and Nationality Act (8 U.S.C. 1225 and 1226) are
amended by striking ``Attorney General'' each place it appears
and inserting ``Secretary'' except that section 236(a) is
amended by inserting ``the Secretary or'' before ``the Attorney
General'' the second place that term appears;
(2) Length of detention of certain aliens; venue for
certain actions.--Section 235 of the Immigration and
Nationality Act (8 U.S.C. 1225) is amended by adding at the end
the following:
``(e) Length of Detention.--
``(1) Notwithstanding any other provision of this section,
an alien may be detained under this section, without
limitation, until the alien is subject to an final order of
removal.
``(2) The length of detention under this section shall not
affect any detention under section 241.
``(f) Judicial Review.--Without regard to the place of confinement,
judicial review of any action or decision made pursuant to subsection
(e) shall be available exclusively in a habeas corpus proceeding
instituted in the United States District Court for the District of
Columbia and only if the alien has exhausted all administrative
remedies (statutory and nonstatutory) available to the alien as of
right.''.
(3) Venue for certain actions seeking judicial review of
length of detention.--Section 236(e) of the Immigration and
Nationality Act (8 U.S.C. 1226(e)) is amended by adding the
following at the end: ``Without regard to the place of
confinement, judicial review of any action or decision made
pursuant to subsection (f) shall be available exclusively in a
habeas corpus proceeding instituted in the United States
District Court for the District of Columbia and only if the
alien has exhausted all administrative remedies (statutory and
nonstatutory) available to the alien as of right.''.
(4) Length of detention.--Section 236 of the Immigration
and Nationality Act (8 U.S.C. 1226) is amended by adding the
following subsection:
``(f) Length of Detention.--
``(1) Notwithstanding any other provision of this section,
an alien may be detained under this section for any period,
without limitation, until the alien is subject to a final order
of removal.
``(2) The length of detention under this section shall not
affect detention under section 241 of this Act.''.
(5) Detention of criminal aliens.--Section 236(c)(1) of the
Immigration and Nationality Act (8 U.S.C. 1226(c)(1)) is
amended, in the matter following subparagraph (D) to read as
follows:
``any time after the alien is released, without regard to
whether an alien is released related to any activity, offense,
or conviction described in this paragraph; to whether the alien
is released on parole, supervised release, or probation; or to
whether the alien may be arrested or imprisoned again for the
same offense. If the activity described in this paragraph does
not result in the alien being taken into custody by any person
other than the Secretary, 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 custody, the Secretary
shall take such alien into custody.''.
(6) Administrative review.--Section 236 of the Immigration
and Nationality Act (8 U.S.C. 1226) is amended by adding the
following subsection:
``(g) Administrative Review.--
``(1) The Attorney General's review of the Secretary's
custody determinations under section 236(a) shall be limited to
whether the alien may be detained, released on bond (of at
least $1,500 with security approved by the Secretary), or
released with no bond.
``(2) The Attorney General's review of the Secretary's
custody determinations for the following classes of aliens:
``(A) Aliens in exclusion proceedings.
``(B) Arriving aliens in removal proceedings,
including aliens paroled after arrival pursuant to
section 212(d)(5).
``(C) Aliens described in sections 212(a)(3) and
237(a)(4).
``(D) Aliens described in section 236(c).
``(E) Aliens in deportation proceedings subject to
section 242(a)(2) of the Act (as in effect prior to
April 1, 1997, and as amended by section 440(c) of
Public Law 104-132); is limited to a determination of
whether the alien is properly included in such
category.''.
(7) Clerical amendments.--
(A) Sections 235 and 236 of the Immigration and
Nationality Act (8 U.S.C. 1225 and 1226) are amended by
striking out ``Attorney General'' each place it appears
and inserting ``Secretary''.
(B) Sections 236(a)(2)(B) and 236(b) of the
Immigration and Nationality Act (8 U.S.C. 1226(a)(2)(B)
and 1226(b)) are amended by striking out ``conditional
parole'' and inserting in lieu thereof
``recognizance''.
(c) Severability.--If any of the provisions of this Act or any
amendment by this Act, or the application of any such provision to any
person or circumstance, is held to be invalid for any reason, the
remainder of this Act and of amendments made by this Act, and the
application of the provisions and of the amendments made by this Act to
any other person or circumstance shall not be affected by such holding.
(d) Effective Dates.--
(1) The amendments made by subsection (a) shall take effect
upon the date of enactment of this Act, and section 241 of the
Immigration and Nationality Act, as so amended, shall in
addition apply to--
(A) all aliens subject to a final administrative
removal, deportation, or exclusion order that was
issued before, on, or after the date of enactment of
this Act; and
(B) acts and conditions occurring or existing
before, on, or after the date of enactment of this Act.
(2) The amendments made by subsection (b) shall take effect
upon the date of enactment of this Act, and sections 235 and
236 of the Immigration and Nationality Act, as so amended,
shall in addition apply to any alien in detention under
provisions of such sections on or after the date of enactment
of this Act.
<all>
Introduced in House
Introduced in House
Referred to the Subcommittee on Immigration Policy and Enforcement.
Referred to the House Committee on the Judiciary.
Subcommittee Hearings Held.
Subcommittee on Immigration Policy and Enforcement Discharged.
Committee Consideration and Mark-up Session Held.
Ordered to be Reported (Amended) by the Yeas and Nays: 17 - 14.
Reported (Amended) by the Committee on Judiciary. H. Rept. 112-255.
Reported (Amended) by the Committee on Judiciary. H. Rept. 112-255.
Placed on the Union Calendar, Calendar No. 171.
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