[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 4364 Introduced in Senate (IS)]
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118th CONGRESS
2d Session
S. 4364
To modify the Alternatives to Detention program, and for other
purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 16, 2024
Mr. Hagerty (for himself, Mr. Marshall, Mr. Scott of Florida, Mr.
Daines, Mr. Cruz, Mrs. Blackburn, and Mr. Vance) introduced the
following bill; which was read twice and referred to the Committee on
the Judiciary
_______________________________________________________________________
A BILL
To modify the Alternatives to Detention program, 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 ``Reshape Alternatives to Detention
Act of 2024''.
SEC. 2. DEFINITIONS.
In this Act:
(1) In general.--Any term used in this Act that is used in
the Immigration and Nationality Act (8 U.S.C. 1101 et seq.)
shall have the meaning given such term in section 101(a) of
that Act (8 U.S.C. 1101(a)).
(2) Secretary.--The term ``Secretary'' means the Secretary
of Homeland Security.
SEC. 3. TERMINATION OF CERTAIN ALTERNATIVES TO DETENTION.
(a) In General.--Beginning on the date of the enactment of this
Act, the Secretary shall terminate each of the following programs
carried out as part of the Alternatives to Detention program of the
Department of Homeland Security:
(1) The Case Management Pilot program.
(2) The Young Adult Case Management program.
(b) No Similar Programs.--In the case of a program referred to in
paragraph (1) or (2) of subsection (a)--
(1) no substantially similar program may be established or
carried out; and
(2) no funds may be made available for such a program.
(c) Reprogramming of Funds.--Any amount made available in advance
in an appropriations Act for a program referred to in paragraph (1) or
(2) of subsection (a) shall be made available to the Secretary to
increase the number of detention beds at immigration detention
facilities.
(d) Placement in Detention.--The Secretary shall take such steps as
may be necessary to promptly detain each individual who has been
released into the United States as part of a program referred to in
paragraph (1) or (2) of subsection (a).
SEC. 4. LIMITATION ON PARTICIPATION IN ALTERNATIVES TO DETENTION.
No alien may be released as part of any program under the
Alternatives to Detention program unless all detention beds available
to the Secretary have been filled.
SEC. 5. CLARIFICATION OF U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT
AUTHORITY OVER CERTAIN ALIENS.
Nothing in this Act or any other Act may be construed to impose a
limitation on the authority of U.S. Immigration and Customs Enforcement
over an alien who is a participant in a program under the Alternatives
to Detention program, including with respect to an action of the Office
for Civil Rights and Civil Liberties of the Department of Homeland
Security.
SEC. 6. GPS TRACKING OF CERTAIN ALIENS.
Each alien on the nondetained docket of an immigration court shall
be enrolled in the Alternatives to Detention program, with mandatory
GPS monitoring--
(1) for the duration of all applicable immigration
proceedings, including any appeal; and
(2) in the case of an alien who is ordered removed from the
United States, until removal.
SEC. 7. MANDATORY INCLUSION OF CERTAIN ALIENS IN THE FAMILY EXPEDITED
REMOVAL MANAGEMENT PROGRAM.
(a) In General.--An alien described in subsection (b) shall be
required to participate in the Family Expedited Removal Management
program.
(b) Alien Described.--An alien described in this subsection is--
(1) an alien who, as a member of a family unit--
(A) entered or attempted to enter the United States
at any time or place other than as designated by an
immigration officer;
(B) eluded examination or inspection by an
immigration officer; or
(C) attempted to enter, or obtained entry to the
United States, by a false or misleading representation
or the concealment of a material fact; and
(2) an alien who is a member of such family unit.
SEC. 8. NOTICE OF VIOLATION.
On each occasion on which an alien participating in the
Alternatives to Detention program violates a condition of such
participation and, as a result of such violation, becomes eligible for
detention, the Secretary shall immediately--
(1) publish notice of such alien's eligibility for
detention on the website of the Department of Homeland
Security; and
(2) transmit such notice to all relevant law enforcement
agencies in the vicinity of the alien's last known whereabouts.
SEC. 9. EFFECT OF RESIDENCE IN, RELOCATION TO, SANCTUARY JURISDICTION.
(a) In General.--An alien shall be ineligible to participate in the
Alternatives to Detention program if the alien resides or seeks to
reside in a location described in subsection (c).
(b) Change of Residence.--The Secretary shall immediately detain an
alien who, without notifying the Secretary, changes residence to a
location described in subsection (c).
(c) Location Described.--A location described in this subsection is
a State or political subdivision of a State that has in effect a law,
ordinance, policy, or practice that prohibits or restricts any
government entity or official from--
(1) sending, receiving, maintaining, or exchanging with any
Federal, State, or local government entity information
regarding the citizenship or immigration status (lawful or
unlawful) of any individual; or
(2) complying with a request lawfully made by the Secretary
under section 236 or 287 of the Immigration and Nationality Act
(8 U.S.C. 1226 or 1357) to comply with a detainer for, or
notify of the release of, an alien.
SEC. 10. CHECK-IN REQUIRED FOR PARTICIPANTS IN INTENSIVE SUPERVISION
APPEARANCE PROGRAM.
(a) In General.--Not later than 45 days after the date of the
enactment of this Act, the Secretary shall--
(1) require each covered alien--
(A) to participate in the Intensive Supervision
Appearance Program, which shall include--
(i) GPS monitoring, including through use
of ankle-worn GPS and wrist-worn GPS;
(ii) telephonic reporting, including
reporting by voice recognition; and
(iii) home visits; and
(B) to check in with the Secretary not later than
14 days after the issuance of the notice required by
paragraph (2); and
(2) in a manner the Secretary considers appropriate, issue
to each covered alien a notice of such requirements.
(b) Penalty.--
(1) In general.--Notwithstanding any other provision of
law, if a covered alien fails to check in with the Secretary as
required by subsection (a), the Secretary shall--
(A) revoke the bond or parole under section 236(a)
of the Immigration and Nationality Act (8 U.S.C.
1226(a)), pursuant to which the alien was originally
released and eligible for participation in the
Intensive Supervision Appearance Program;
(B) re-arrest the alien under the original warrant;
and
(C) detain the alien.
(2) Removal proceedings.--
(A) In general.--The applicable immigration judge
shall advance on the docket of the immigration court,
and expedite to the greatest extent possible, the
disposition of the removal proceedings of an alien who
is re-arrested and detained under paragraph (1).
(B) Removal order.--If the immigration judge
determines that such alien is subject to removal from
the United States, the immigration judge shall enter an
administrative order of removal.
(C) Appeals.--
(i) In general.--Not later than 7 days
after the date on which an immigration judge
enters an administrative order of removal under
subparagraph (B), an alien may appeal such
order to the Board of Immigration Appeals.
(ii) Hearing.--Not later than 7 days after
an appeal under clause (i) is filed, the Board
of Immigration Appeals shall conduct a hearing
on the appeal.
(iii) Decision.--Not later than 7 days
after the date on which a hearing is conducted
under clause (ii), the Board of Immigration
Appeals shall issue a decision.
(iv) Removal.--If the Board of Immigration
Appeals issues a final administrative order of
removal, the alien concerned shall be removed
from the United States not later than 7 days
after the date on which such order of removal
is issued.
(c) Report.--Not later than 120 days after the date of the
enactment of this Act, the Secretary shall submit to Congress a report
on the number and percentage of covered aliens who have checked in with
the Secretary as required under subsection (a).
(d) Covered Alien Defined.--In this section, the term ``covered
alien'' means an alien who is present in the United States and enrolled
in the Intensive Supervision Appearance Program on the date of the
enactment of this Act.
SEC. 11. REQUIREMENT TO SUBMIT BIOMETRIC INFORMATION.
(a) In General.--The Secretary shall require an alien arriving in
the United States to submit biometric information to the Secretary as a
condition of eligibility for participation in the Alternatives to
Detention program.
(b) Interoperability and Information Matching.--The Secretary shall
ensure, to the extent practicable, that any biometric information
collected pursuant to subsection (a) is stored in a manner that is
interoperable with, and allows matching against, other Federal, State,
and local law enforcement databases that store biometric information of
known or suspected terrorists or identify visa holders who violate the
terms of their visas.
SEC. 12. RULE OF CONSTRUCTION.
Nothing in this Act may be construed to absolve the Secretary of
the duty to detain and remove aliens consistent with the Immigration
and Nationality Act (8 U.S.C. 1101 et seq.).
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