Sec. 301. Ending catch and release for repeat immigration violators and criminals aliens
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/bill/115/s/1757/pcs/section-301A 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 the section heading and subsections
(a)through
(c)and inserting the following: The Secretary, on a warrant issued by the Secretary, may arrest an alien and detain the alien pending a decision on whether the alien is to be removed from the United States up until the alien has an administratively final order of removal. Except as provided in subsection
(c)and pending such decision, the Secretary— may— continue to detain the arrested alien; release the alien on bond of at least $5,000, with security approved by, and containing conditions prescribed by, the Secretary; or release the alien on his or her own recognizance, subject to appropriate conditions set forth by the Secretary of Homeland Security, if the Secretary of Homeland Security determines that the alien will not pose a danger to the safety of other persons or of property and is likely to appear for any scheduled proceeding; and may not provide the alien with work authorization (including an employment authorized endorsement or other appropriate work permit) or advance parole to travel outside of the United States, unless the alien is lawfully admitted for permanent residence or otherwise would (without regard to removal proceedings) be provided such authorization. The Secretary at any time may revoke bond or parole authorized under subsection (a), rearrest the alien under the original warrant, and detain the alien. The Secretary shall take into custody and continue to detain any alien who— has not been admitted or paroled into the United States; and was apprehended anywhere within 100 miles of the international border of the United States; is admissible by reason of having committed any offense covered in section 212(a)(2); is deportable by reason of having committed any offense covered in section 237(a)(2); is convicted for an offense under section 275(a); is convicted for an offense under section 276; is convicted for any criminal offense; or is inadmissible under section 212(a)(3)(B) or deportable under section 237(a)(4)(B), when the alien is released, without regard to whether the alien is released on parole, supervised release, and without regard to whether the alien may be arrested or imprisoned again for the same offense. Except as provided in subparagraph (B), the Secretary may release an alien described in paragraph
(1)only if the Secretary decides pursuant to section 3251 of title 18, United States Code, and in accordance with a procedure that considers the severity of the offense committed by the alien, that— release of the alien from custody is necessary to provide protection to a witness, a potential witness, a person cooperating with an investigation into major criminal activity, or an immediate family member or close associate of a witness, potential witness, or person cooperating with such an investigation, and the alien satisfies the Secretary that the alien is not a flight risk, poses no danger to the safety of other persons or of property, is not a threat to national security or public safety, and is likely to appear at any scheduled proceeding. The Secretary of Homeland Security may release any alien held pursuant to paragraph
(1)to the appropriate authority for any proceedings subsequent to the arrest. If an alien is released under clause (i), the Secretary shall— resume custody of the alien during any period pending the final disposition of any such proceedings that the alien is not in the custody of such appropriate authority; and 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. .
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Sec. 301
Ending catch and release for repeat immigration violators and criminals aliens
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