This Act may be cited as the Immigration Warrants Reform Act of 2026.

Section 235(b)(2)(A) of the Immigration and Nationality Act (8 U.S.C. 1225(b)(2)(A)U.S. Code — Title 8, Section 1225(b)(2)(A)View official source on GovInfo) is amended— (1) by striking an alien each place such term appears and inserting a noncitizen; (2) by striking the alien and inserting a noncitizen; and (3) by inserting at the border (and who is not or was not paroled) after applicant for admission.

Section 236 of the Immigration and Nationality Act (8 U.S.C. 1226U.S. Code — Title 8, Section 1226View official source on GovInfo) is amended— (1) in the section heading, by striking aliens and inserting noncitizens; and (2) by striking subsections (a) and (b) and inserting the following: (a) Arrest, detention, and release (1) In general Upon the issuance of an administrative warrant described in paragraph (4), a noncitizen may be arrested and detained pending a decision on whether the noncitizen will be removed from the United States. (2) Release Except as provided in subsection (c), the Department of Homeland Security may release a detained noncitizen on his or her own recognizance or subject to such conditions as may be necessary to facilitate the noncitizen’s attendance with future proceedings and to prevent any danger to the community. (3) Periodic review (A) In general A detained noncitizen is entitled to seek a custody review every 60 days from an immigration judge or an appropriate district court of the United States that may release the noncitizen on his or her own recognizance or subject to such conditions as may be necessary to facilitate the noncitizen’s attendance with future proceedings and to prevent any danger to the community. (B) Burden of proof In any proceeding under subparagraph (A), the burden of proof shall be on the Secretary of Homeland Security to establish, by clear and convincing evidence, that the noncitizen is a flight risk from attending future proceedings or a danger to the community. (4) Requirements for administrative warrant All administrative warrants for the arrest of a noncitizen shall— (A) accurately document individualized probable cause of the noncitizen’s removability under section 212 or section 237; (B) be signed by a supervising officer of the Department of Homeland Security at least 24 hours in advance of its execution; (C) be issued concurrently with, or based on, a previously existing notice to appear pursuant to section 239(a); and (D) be served on the noncitizen with such notice to appear at the time of arrest. (b) Revocation of release The Secretary of Homeland Security may, at any time, upon an individualized determination that there is probable cause to find that a noncitizen presents a danger to the community— (1) revoke a release authorized under subsection (a)(2); (2) rearrest the noncitizen pursuant to a warrant described in subsection (a)(4); and (3) detain the noncitizen..

Section 287(a) of the Immigration and Nationality Act (8 U.S.C. 1357(a)U.S. Code — Title 8, Section 1357(a)View official source on GovInfo) is amended— (1) by striking the matter preceding paragraph (1) and all that follows through the end of paragraph (2) and inserting the following: (1) Unauthorized entry Any officer or employee of the Department of Homeland Security authorized under regulations prescribed by the Secretary of Homeland Security shall have power, without a warrant, to arrest any noncitizen who, in the presence or view of the officer or employee, is entering or attempting to enter the United States at any time or place other than as designated by the Department of Homeland Security or an immigration officer. (2) Interior arrests (A) In general Any officer or employee of the Department of Homeland Security authorized under regulations prescribed by the Secretary of Homeland Security shall have power, without a warrant, to arrest any noncitizen who is physically present in the United States if the officer or employee has probable cause to believe such individual— (i) is a noncitizen; (ii) is subject to removal under section 212 or section 237; (iii) presents an imminent danger to the community, which requires immediate arrest; and (iv) is likely to escape before a warrant can be obtained for such arrest. (B) Documentation Not later than 12 hours after each arrest carried out pursuant to subparagraph (A), the officer or employee making the arrest shall submit a sworn, written statement, under penalty of perjury, to a supervisory immigration officer or employee that includes an individualized assessment of probable cause regarding the factors described in clauses (i) through (iv) of subparagraph (A) that are required for such warrantless arrest. (C) Judicial review Not later than 24 hours after each arrest carried out pursuant to subparagraph (A), an immigration judge or an appropriate district court of the United States shall— (i) examine whether such arrest met the requirements under subparagraph (A) based on available evidence, including— (I) the sworn statement submitted pursuant to subparagraph (B); and (II) in-person testimony from the individual who was arrested; (ii) make individualized findings of whether the arresting officer or employee has established probable cause as to the factors described in clauses (i) through (iv) of subparagraph (A) that are required to make a warrantless arrest; and (iii) if the judge or court determines that the Department has not established such probable cause and the individual arrested does not present an imminent danger to the community, the judge or the court shall order the prompt release of the individual.; and (2) in paragraph (3), by striking (3) within a reasonable distance and inserting the following: (3) Other powers Any officer or employee of the Department of Homeland Security authorized under regulations prescribed by the Secretary of Homeland Security shall have power, without a warrant— (A) within a reasonable distance.

Section 287(a) of the Immigration and Nationality Act (8 U.S.C. 1357(a)U.S. Code — Title 8, Section 1357(a)View official source on GovInfo) is further amended— (1) in paragraph (5), by redesignating subparagraphs (A) and (B) as clauses (i) and (ii), respectively, and by moving such clauses 2 ems to the right; (2) by redesignating paragraphs (4) and (5) as subparagraphs (B) and (C), respectively, and by moving such subparagraphs 2 ems to the right; (3) in paragraph (3), as redesignated— (A) by striking aliens each place such term appears and inserting noncitizens; and (B) in subparagraph (C)(ii), by striking reasonable grounds to believe and inserting probable cause; and (4) in the undesignated matter following paragraph (3)(C)(ii), as redesignated— (A) by striking under paragraph (5)(B) each place it appears and inserting under paragraph (3)(C)(ii); (B) by inserting or the Secretary of Homeland Security after Attorney General; and (C) by striking Service each place such term appears and inserting Department of Homeland Security.