Powers of immigration officers and employees without a warrant

Section 287(a) of the Immigration and Nationality Act (8 U.S.C. 1357(a)) 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.