Sponsors (3)
The bill centralizes DHS custody and pushes faster removal processing to keep certain noncitizens detained and speed deportations, trading increased detention and enforcement efficiency for expanded mandatory detention, higher taxpayer and administrative costs, reduced release discretion, and greater risk to immigrants' ability to mount defenses.
Noncitizens arrested for the specified offenses will be kept in federal (DHS) custody instead of being released, reducing the chance that dangerous noncitizens are released pending removal.
Immigrants detained under INA 236(c)(1)(E) will have their removal cases resolved more quickly, shortening some periods of detention and reducing prolonged uncertainty for those cases.
Federal immigration and criminal authorities (DHS and law enforcement) gain clearer, centralized custody authority that can speed transfers and enforcement actions between criminal and immigration systems.
Immigrants who are acquitted or not convicted may remain detained until immigration proceedings finish, prolonging detention without a criminal conviction.
Taxpayers may face higher costs because mandatory expanded detention increases DHS bed use and the bill may also require additional funding for faster processing, hearings, or staffing.
Transferring custody authority from DOJ/local discretion to DHS may reduce procedural safeguards tied to parole/release discretion and complicate coordination with state and local authorities.
Based on analysis of 3 sections of legislative text.
Expands mandatory detention for certain unlawfully present arrestees, moves custody authority to DHS, and requires DHS to complete removal proceedings within 90 days.
Introduced January 3, 2025 by Andrew S. Biggs · Last progress January 3, 2025
Expands mandatory immigration detention to include noncitizens who are unlawfully present and arrested for offenses that would make them inadmissible or deportable, and shifts custody authority from the Attorney General to the Department of Homeland Security (DHS). It also requires DHS to finish removal proceedings for those detained under this authority within 90 days and allows DHS to continue detaining individuals pending removal proceedings even if they are acquitted or not convicted in criminal court.