Arrest, detention, and release of noncitizens

Section 236 of the Immigration and Nationality Act (8 U.S.C. 1226) 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..