Sec. 504. Detention of removable aliens

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Section 287 of the Immigration and Nationality Act ( 8 U.S.C. 1357 ), as amended by section 116 and this section, is further amended by— redesignating paragraph

(h)as paragraph (j), and adding new paragraph

(h)to read as follows: The Secretary of Homeland Security may enter into a written agreement with a State, or any political subdivision of such a State, to authorize the temporary placement of one or more U.S. Customs and Border Protection agents or officers or U.S. Immigration and Customs Enforcement agents or investigators at a local police department or precinct to— determine the immigration status of any individual arrested by a State, county, or local police, enforcement, or peace officer for any criminal offense; issue charging documents and notices related to the initiation of removal proceedings or reinstatement of prior removal orders under section 241(a)(5); enter information directly into the National Crime Information Center

(NCIC)database, Immigration Violator File, to include— the alien’s address, the reason for arrest, the legal cite of the State law violated or for which the alien is charged, the alien’s driver’s license number and State of issuance (if any), any other identification document(s) held by the alien and issuing entity for such identification documents, and any identifying marks, such as tattoos, birthmarks, scars, etc.; . to collect the alien’s biometrics, including but not limited to iris, fingerprint, photographs, and signature, of the alien and to enter such information into the Automated Biometric Identification System (IDENT) and any other DHS database authorized for storage of biometric information for aliens; and . make advance arrangements for the immediate transfer from State to Federal custody of any criminal when the alien is released, without regard to whether the alien is released on parole, supervised release, or probation, and without regard to whether alien may be arrested imprisoned again for the same offense. The initial period for a temporary duty assignment authorized under this paragraph shall be 1 year. The temporary duty assignment may be extended for additional periods of time as agreed to by the Secretary of Homeland Security and the State or political subdivision of the State to ensure continuity of cooperation and coverage. The Secretary shall provide CBP and ICE agents, officers, and investigators on a temporary duty assignment under this paragraph mobile access to Federal databases containing alien information, live scan technology for collection of biometrics, and video-conferencing capability for use at local police departments or precincts in remote locations. Not later than 1 year after the date of enactment, the Secretary of Homeland Security shall submit a report to the Committee on Judiciary and Committee on Homeland Security and Government Affairs of the Senate and the Committee on the Judiciary and Committee on Homeland Security of the House of Representatives on— the number of States that have entered into an agreement under this paragraph; the number of criminal aliens processed by the U.S. Customs and Border Protection agent or officer or U.S. Immigration and Customs Enforcement agent or investigator during the temporary duty assignment; and the number of criminal aliens transferred from State to Federal custody during the agreement period. . Subparagraph

(A)of section 241(a)(1) of the Immigration and Nationality Act ( 8 U.S.C. 1231(a)(1)(A) ) is amended by striking Attorney General and inserting Secretary of Homeland Security . Subparagraph

(B)of section 241(a)(1) of the Immigration and Nationality Act ( 8 U.S.C. 1231(a)(1)(B) ) is amended to read as follows: Subject to clause (ii), the removal period begins on the date that is the latest of the following: If a court, the Board of Immigration Appeals, or an immigration judge orders a stay of the removal of the alien, the date the stay of removal ends; If the alien is ordered removed, the date the removal order becomes administratively final and the Secretary takes the alien into custody for removal; If the alien is detained or confined (except under an immigration process), the date the alien is released from detention or confinement. If the Secretary transfers custody of the alien pursuant to law to another Federal agency or to an agency of a State or local government in connection with the official duties of such agency, the removal period for the alien— shall be tolled; and shall resume on the date the alien is returned to the custody of the Secretary. . Subparagraph

(C)of section 241(a)(1) of the Immigration and Nationality Act ( 8 U.S.C. 1231(a)(1)(C) ) is amended to read as follows: The removal period shall be extended beyond a period of 90 days and the alien may remain in detention during such extended period if the alien— fails or refuses to make all reasonable efforts to comply with the order of removal or to fully cooperate with the efforts of the Secretary of Homeland Security to establish the alien’s identity and carry out the order of removal, 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 subject to an order of removal. . Paragraph

(2)of section 241(a) of the Immigration and Nationality Act ( 8 U.S.C. 1231(a)(2) ) is amended— by inserting

(A)before During ; by striking Attorney General and inserting Secretary of Homeland Security ; and by adding at the end the following: If a court, the Board of Immigration Appeals, or an immigration judge orders a stay of removal of an alien who is subject to an order of removal, the Secretary of Homeland Security in the Secretary’s sole and unreviewable exercise of discretion, and notwithstanding any provision of law including 28 U.S.C. 2241 , may detain the alien during the pendency of such stay of removal. . Paragraph

(3)of section 241(a) of the Immigration and Nationality Act ( 8 U.S.C. 1231(a)(3) ) is amended— in the matter preceding subparagraph (A), by striking Attorney General and inserting Secretary of Homeland Security ; in subparagraph (C), by striking Attorney General and inserting Secretary ; and by amending subparagraph

(D)to read as follows: to obey reasonable restrictions on the alien’s conduct or activities, or to perform affirmative acts, 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. . Paragraph

(4)of section 241(a) of the Immigration and Nationality Act ( 8 U.S.C. 1231(a)(4) ) is amended— in subparagraph (A), by striking Attorney General and inserting Secretary of Homeland Security ; and in subparagraph (B)— in the matter preceding clause (i), by striking Attorney General and inserting Secretary of Homeland Security ; in clause (i), by striking if the Attorney General and inserting if the Secretary ; and in clause (ii)(III), by striking Attorney General and inserting Secretary . Paragraph

(5)of section 241(a) of the Immigration and Nationality Act ( 8 U.S.C. 1231(a)(5) ) is amended to read as follows: If the Secretary of Homeland Security finds that an alien has entered the United States illegally after having been removed, deported, or excluded or having departed voluntarily, under an order of removal, deportation, or exclusion, regardless of the date of the original order or the date of the illegal entry— the order of removal, deportation, or exclusion is reinstated from its original date and is not subject to being reopened or reviewed notwithstanding section 242(a)(2)(D); the alien is not eligible and may not apply for any relief under this Act, regardless of the date that an application or request for such relief may have been filed or made; the alien shall be removed under the order of removal, deportation, or exclusion at any time after the illegal entry; and reinstatement under this paragraph shall not require proceedings under section 240 or other proceedings before an immigration judge. . Section 242 of the Immigration and Nationality Act ( 8 U.S.C. 1252 ) is amended by adding at the end the following: Judicial review of determinations under section 241(a)(5) is available in an action under subsection (a). Notwithstanding any other provision of law (statutory or nonstatutory), including section 2241 of title 28, United States Code, any other habeas corpus provision, or sections 1361 and 1651 of such title, no court shall have jurisdiction to review any cause or claim, arising from, or relating to, any challenge to the original order. . The amendments made by subparagraphs

(A)and

(B)shall take effect as if enacted on April 1, 1997, and shall apply to all orders reinstated or after that date by the Secretary of Homeland Security (or by the Attorney General prior to March 1, 2003), regardless of the date of the original order. Paragraph

(6)of section 241(a) of the Immigration and Nationality Act ( 8 U.S.C. 1231(a)(6) ) is amended— by striking Attorney General and inserting Secretary of Homeland Security ; and by striking removal period and, if released, and inserting removal period, in the discretion of the Secretary, without any limitations other than those specified in this section, until the alien is removed. . Subsection

(a)of section 241 of the Immigration and Nationality Act ( 8 U.S.C. 1231(a) ) is amended— in paragraph (7), by striking Attorney General and inserting Secretary of Homeland Security ; by redesignating paragraph

(7)as paragraph (14); and by inserting after paragraph

(6)the following: If an alien detained pursuant to paragraph

(6)is an applicant for admission, the Secretary of Homeland Security, in the Secretary’s discretion, may parole the alien under section 212(d)(5) and may provide, notwithstanding section 212(d)(5), that the alien shall not be returned to custody unless either the alien violates the conditions of such parole or the alien's removal becomes reasonably foreseeable, provided that in no circumstance shall such alien be considered admitted. The procedures set out under this paragraph— apply only to an alien who were previously admitted to the United States; and do not apply to any other alien, including an alien detained pursuant to paragraph (6). For an alien who has made all reasonable efforts to comply with a removal order and to cooperate fully with the efforts of the Secretary of Homeland Security 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 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 described in clause

(i)after the end of the alien's removal period; and in making a determination under subclause (I), consider any evidence submitted by the alien, and may consider any other evidence, including any information or assistance provided by the Department of State or other Federal agency and any other information available to the Secretary pertaining to the ability to remove the alien. The Secretary of Homeland Security, in the exercise of discretion, without any limitations other than those specified in this section, may continue to detain an alien for 90 days beyond the removal period (including any extension of the removal period as provided in subsection (a)(1)(C)). The Secretary, in the exercise of discretion, without any limitations other than those specified in this section, may continue to detain an alien beyond the 90 days authorized in subparagraph (A)— until the alien is removed, if the Secretary determines that— there is a significant likelihood that the alien will be removed in the reasonably foreseeable future; the alien 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 conspiracies or acts to prevent removal; the government of the foreign country of which the alien is a citizen, subject, national, or resident is denying or unreasonably delaying accepting the return of such alien after the Secretary asks whether the government will accept an alien under section 243(d); or the government of the foreign country of which the alien is a citizen, subject, national, or resident is refusing to issue any required travel or identity documents to allow such alien to return to that country; until the alien is removed, if the Secretary certifies in writing— 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; 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; 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 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— the alien has been convicted of 1 or more aggravated felonies (as defined in section 101(a)(43)), 1 or more crimes identified by the Secretary of Homeland Security by regulation, or 1 or more attempts or conspiracies to commit any such aggravated felonies or such identified crimes, provided that the aggregate term of imprisonment for such attempts or conspiracies is at least 5 years; or the alien has committed 1 or more violent offenses (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 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 1 aggravated felony (as defined in section 101(a)(43)); and pending a determination under subparagraph (B), if the Secretary 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 subsection (a)(1)(C)). The Secretary of Homeland Security may renew a certification under subparagraph (B)(ii) every 6 months without limitation, 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). Notwithstanding section 103, the Secretary of Homeland Security may not delegate the authority to make or renew a certification described in item (II), (III), or

(IV)of subparagraph (B)(ii) to an official below the level of the Director of U.S. Immigration and Customs Enforcement. If it is determined that an alien should be released from detention, the Secretary of Homeland Security, in the exercise of discretion, may impose conditions on release as provided in paragraph (3). The Secretary of Homeland Security, in the exercise of 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 the alien fails to comply with the conditions of release or to continue to satisfy the conditions described in subparagraph (8)(A), or if, upon reconsideration, the Secretary determines that the alien can be detained under subparagraph (8)(B). Paragraphs

(6)through

(14)shall apply to any alien returned to custody pursuant to this subparagraph, as if the removal period terminated on the day of the redetention. If an alien has effected an entry but has neither been lawfully admitted nor physically present in the United States continuously for the 2-year period immediately prior to the commencement of removal proceedings under this Act against the alien, the Secretary of Homeland Security in the exercise of discretion may decide not to apply paragraph

(8)and detain the alien without any limitations except those which the Secretary shall adopt by regulation. Without regard to the place of confinement, judicial review of any action or decision pursuant to paragraph

(6)through

(14)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. . Section 235 of the Immigration and Nationality Act ( 8 U.S.C. 1225 ) is amended by adding at the end the following: An alien may be detained under this section while proceedings are pending, without limitation, until the alien is subject to an administratively final order of removal. The length of detention under this section shall not affect the validity of any detention under section 241. 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. . Section 236 of the Immigration and Nationality Act ( 8 U.S.C. 1226 ) is amended— in subsection (e), by inserting Without regard to the place of confinement, judicial review of any action or decision made pursuant to section 235(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. at the end; and by adding at the end the following: An alien may be detained under this section, without limitation, until the alien is subject to an administratively final order of removal. The length of detention under this section shall not affect the validity of any detention under section 241. . Section 241(b) of the Immigration and Nationality Act ( 8 U.S.C. 1231(b) ) is amended— in paragraph (1)(C)(iv), by striking the period at the end and inserting , or the Attorney General decides that removing the alien to the country is prejudicial to the interests of the United States. ; in paragraph (2)(E)(vii), by inserting or the Attorney General decides that removing the alien to one or more of such countries is prejudicial to the interests of the United States, after this subparagraph, . The amendments made by subsection

(b)shall take effect on the date of the enactment of this Act, and section 241 of the Immigration and Nationality Act, as amended by subsection (b), shall apply to— all aliens subject to a final administrative removal, deportation, or exclusion order that was issued before, on, or after the date of the enactment of this Act; and acts and conditions occurring or existing before, on, or after the date of the enactment of this Act. The amendments made by subsection

(c)shall take effect upon the date of the enactment of this Act, and sections 235 and 236 of the Immigration and Nationality Act, as amended by subsection (c), shall apply to any alien in detention under provisions of such sections on or after the date of the enactment of this Act.

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Sec. 504

Detention of removable aliens

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