S. 5337
Keep Our Communities Safe Act of 2026
Official summary
No official summary yet.
Text of the bill
Section 236 of the Immigration and Nationality Act (8 U.S.C. 1226) is amended—
(1) by striking Attorney General each place such term appears and inserting Secretary of Homeland Security;
(2) in subsection (a)—
(A) in the matter preceding paragraph (1), by inserting or the Attorney General before the em dash;
(B) in paragraph (1), by striking and at the end and inserting or; and
(C) in paragraph (2), by amending subparagraph (B) to read as follows:
(B) recognizance; and
(3) in subsection (b)—
(A) in the subsection heading, by inserting Conditional before Parole; and
(B) by inserting conditional before parole;
(4) in subsection (c)(1)—
(A) in the matter preceding subparagraph (A), by striking Attorney General and inserting Secretary of Homeland Security; and
(B) by striking the undesignated matter following subparagraph (E)(ii) and inserting the following:
at 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, when the alien is brought to the attention of the Secretary, the Secretary shall take such alien into custody.
(5) in subsection (e), by striking Attorney General’s and inserting Secretary of Homeland Security’s; and
(6) by adding at the end the following:
(g) Length of detention. Notwithstanding any other provision under this section, an alien may be detained under this section for any period, without limitation, except as provided in subsection (i), until the alien is subject to a final order of removal. The length of detention under this section shall not affect a detention under section 241.
(h) Administrative review
(1) Limitation. The Attorney General’s review of the Secretary of Homeland Security’s custody determinations under subsection (a) 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 on recognizance. Any review involving an alien described in paragraph (2) shall be limited to a determination of whether the alien is properly included in such category.
(2) Classes of aliens. The Attorney General's review of the following classes of aliens shall be limited to a determination of whether the alien is properly included in such category:
(A) Aliens in exclusion proceedings.
(B) Aliens described in section 212(a)(3) or 237(a)(4).
(C) Aliens described in subsection (c).
(D) Aliens in deportation proceedings under section 242(a)(2) (as in effect between April 24, 1996, and April 1, 1997).
(i) Release on bond
(1) In general. An alien detained pursuant to subsection (a) may seek release on bond. No bond may be granted under this subsection unless the alien establishes, by clear and convincing evidence, that the alien is not a flight risk or a risk to another person or the community.
(2) Certain aliens ineligible. No alien detained pursuant to subsection (c) may seek release on bond under this subsection.