Sec. 3. Mandatory detention and prompt removal of certain criminal aliens
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/bill/114/s/3546/is/section-3A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Section 236(c) of the Immigration and Nationality Act ( 8 U.S.C. 1226(c)(1) ) is amended— in paragraph (1)— in subparagraph (A), by striking the comma at the end and inserting a semicolon; in subparagraph (B), by striking the comma at the end and inserting a semicolon; in subparagraph (C), by striking , or at the end and inserting a semicolon; in subparagraph (D), by striking the comma at the end and inserting ; or ; and by inserting after subparagraph
(D)the following: is unlawfully present in the United States, as determined by the Secretary of Homeland Security; and is arrested for any offense described in subparagraphs
(A)through (D), the conviction of which would render the alien inadmissible under section 212(a) or deportable under section 237(a), ; and in paragraph (2)— by striking The Attorney General and inserting the following: Except as provided in subparagraph (C), the Secretary of Homeland Security ; by striking Attorney General each place such term appears and inserting Secretary ; by striking Code, that release and inserting the following: “Code, that— release ; by striking investigation, and the alien and inserting the following: “investigation; and the alien ; by striking A decision relating to such release and inserting the following: A decision relating to a release under subparagraph
(A); and by adding at the end the following: The Secretary of Homeland Security may release any alien held pursuant to paragraph (1)(E) to the appropriate authority for any proceedings subsequent to the arrest. The Secretary shall resume custody of such alien during any period pending the final disposition of any such proceedings when the alien is not in the custody of such appropriate authority. If the alien is not convicted of the offense for which the alien was arrested, the Secretary shall continue to detain the alien until removal proceedings are completed. . Section 239(d) of the Immigration and Nationality Act ( 8 U.S.C. 1229(d) ) is amended by adding at the end the following: The Secretary of Homeland Security shall complete removal proceedings for any alien held pursuant to section 236(c)(1)(E) not later than 90 days after such alien is detained. .
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