Sec. 2204. Sarah and Grant’s law
678 words·~3 min read·
/bill/115/hr/4760/ih/section-2204A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Section 236 of the Immigration and Nationality Act ( 8 U.S.C. 1226 ) is amended by striking Attorney General each place it appears (except in the second place that term appears in section 236(a)) and inserting Secretary of Homeland Security . Section 236(a) of such Act ( 8 U.S.C. 1226(a) ) is amended by inserting the Secretary of Homeland Security or before the Attorney General— . Section 236(e) of such Act ( 8 U.S.C. 1226(e) ) is amended by striking Attorney General’s and inserting Secretary of Homeland Security’s .
Section 236 of such Act ( 8 U.S.C. 1226 ) is amended by adding at the end the following: Notwithstanding any other provision of this section, an alien may be detained, and for an alien described in subsection
(c)shall be detained, under this section without time limitation, except as provided in subsection (h), during the pendency of removal proceedings. The length of detention under this section shall not affect detention under section 241. . Section 236(c)(1) of such Act ( 8 U.S.C. 1226(c)(1) ) is amended— in subparagraph (C), by striking or at the end; by inserting after subparagraph
(D)the following: is unlawfully present in the United States and has been convicted for driving while intoxicated (including a conviction for driving while under the influence or impaired by alcohol or drugs) without regard to whether the conviction is classified as a misdemeanor or felony under State law, or is inadmissible under section 212(a)(6)(i), is deportable by reason of a visa revocation under section 221(i), or is deportable under section 237(a)(1)(C)(i), and has been arrested or charged with a particularly serious crime or a crime resulting in the death or serious bodily injury (as defined in section 1365(h)(3) of title 18, United States Code) of another person; ; and by amending the matter following subparagraph
(F)(as added by subparagraph
(B)of this paragraph) 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. . Section 236 of the Immigration and Nationality Act ( 8 U.S.C. 1226 ), as amended by paragraph (2), is further amended by adding at the end the following: The Attorney General’s review of the Secretary’s custody determinations under subsection
(a)for the following classes of aliens 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: Aliens in exclusion proceedings. Aliens described in section 212(a)(3) or 237(a)(4). Aliens described in subsection (c). An alien detained under subsection
(a)may seek release on bond. No bond may be granted except to an alien who establishes by clear and convincing evidence that the alien is not a flight risk or a danger to another person or the community. No alien detained under subsection
(c)may seek release on bond. . Section 236(a)(2)(B) of the Immigration and Nationality Act ( 8 U.S.C. 1226(a)(2)(B) ) is amended by striking conditional parole and inserting recognizance . Section 236(b) of such Act ( 8 U.S.C. 1226(b) ) is amended by striking parole and inserting recognizance . The amendments made by subsection
(a)shall take effect on the date of the enactment of this Act and shall apply to any alien in detention under the provisions of section 236 of the Immigration and Nationality Act ( 8 U.S.C. 1226 ), as so amended, or otherwise subject to the provisions of such section, on or after such date.
Connectionstraces to 1
Traces to 1 document
Citation graph
cites case law
Sec. 2204
Sarah and Grant’s law
Cites 1Cited by 0 across 0 sources