Mandatory detention for certain aliens arrested for the commission of certain offenses

Section 236(c) of the Immigration and Nationality Act (8 U.S.C. 1226(c)(1)) is amended— (1) in paragraph (1)— (A) in subparagraph (C), by striking or at the end; (B) in subparagraph (D), by adding or at the end; and (C) by inserting after subparagraph (D) the following: (E) is— (i) determined by the Secretary of Homeland Security to be unlawfully present in the United States; and (ii) arrested for any offense described in subparagraphs (A) through (D) the conviction of which would render the alien inadmissible under section 212(a) or deportable under section 237(a),; and (2) in paragraph (2)— (A) by striking The Attorney General and inserting the following: (A) In general Except as provided in subparagraph (B), the Secretary of Homeland Security; (B) by striking the Attorney General each place such term appears and inserting the Secretary; and (C) by adding at the end the following: (B) Arrested but not convicted aliens The Secretary of Homeland Security may release any alien held pursuant to paragraph (1)(E) to the appropriate authority for any proceedings subsequent to the arrest. The Secretary shall resume custody of the alien during any period pending the final disposition of any such proceedings that the alien is not in the custody of such appropriate authority. If the alien is not convicted of the offense for which the alien was arrested, the Secretary shall continue to detain the alien until removal proceedings are completed..