Grant’s Law would tighten how the federal government handles certain unlawfully present immigrants who are arrested for crimes. It adds a new category to a mandatory detention rule so that aliens who are unlawfully present and are arrested for offenses that could make them inadmissible (under 212(a)) or deportable (under 237(a)) must be detained by the Department of Homeland Security (DHS) when they are arrested for those offenses. The bill also allows DHS to release someone who has been arrested but not yet convicted to the appropriate authority for further proceedings, but requires DHS to resubmit custody if the person remains in those proceedings and to detain them until removal proceedings are finished if they are not convicted. Additionally, the bill requires removal proceedings to be completed within 90 days for those held under this new detention category. The secretary role is referred to as the Secretary of Homeland Security (instead of the Attorney General in related provisions). The bill is named “Grant’s Law” and was introduced in the 119th Congress.
Key Points
- 1Expands mandatory detention: Creates a new subcategory (E) under INA 236(c)(1) for aliens who are unlawfully present and are arrested for offenses described in existing subparagraphs (A)-(D) whose conviction would render them inadmissible under 212(a) or deportable under 237(a).
- 2Release and resumption of custody for arrested-but-not-convicted aliens: The Secretary of Homeland Security may release such aliens to the appropriate authority for subsequent criminal or other proceedings, but must resume custody during those proceedings and continue detention if the alien is not convicted.
- 3Expedited removal proceedings: For aliens held under the new category (E), DHS must complete removal proceedings within 90 days after detention.
- 4Terminology and governance: Replaces references to the Attorney General with the Secretary of Homeland Security in relevant detention provisions, aligning with current DHS structure.