Remedies for violations

In the event of a violation of section 4— (1) any information obtained as a result of such enforcement action for purposes of establishing alienage or chargeability may not be— (A) entered into the record or received into evidence in a removal proceeding; or (B) used by the Department to effectuate any type of removal; (2) the noncitizen who was the subject of such removal proceedings may file a motion to enforce the prohibition under section 4, including through a motion to terminate such proceedings; (3) any individual who was detained in violation of such section shall be released from detention; and (4) any person wrongfully detained shall be placed in section 240 proceedings, which require the Department to rebut the presumption of the individual's eligibility for release by clear and convincing evidence.