Section 1 Short title
This Act may be cited as the “Reshape Alternatives to Detention Act of 2024”.
Reshape Alternatives to Detention Act of 2024
A BILL
To modify the Alternatives to Detention program, and for other purposes.
Sec. 2 Definitions
In this Act:
In general— Any term used in this Act that is used in the Immigration and Nationality Act (8 U.S.C. 1101 et seq.) shall have the meaning given such term in section 101(a) of that Act (8 U.S.C. 1101(a)).
Secretary— The term Secretary means the Secretary of Homeland Security.
Sec. 3 Termination of certain alternatives to detention
In general— Beginning on the date of the enactment of this Act, the Secretary shall terminate each of the following programs carried out as part of the Alternatives to Detention program of the Department of Homeland Security:
The Case Management Pilot program.
The Young Adult Case Management program.
No similar programs— In the case of a program referred to in paragraph (1) or (2) of subsection (a)—
no substantially similar program may be established or carried out; and
no funds may be made available for such a program.
Reprogramming of funds— Any amount made available in advance in an appropriations Act for a program referred to in paragraph (1) or (2) of subsection (a) shall be made available to the Secretary to increase the number of detention beds at immigration detention facilities.
Placement in detention— The Secretary shall take such steps as may be necessary to promptly detain each individual who has been released into the United States as part of a program referred to in paragraph (1) or (2) of subsection (a).
Sec. 4 Limitation on participation in Alternatives to Detention
No alien may be released as part of any program under the Alternatives to Detention program unless all detention beds available to the Secretary have been filled.
Sec. 5 Clarification of U.S. Immigration and Customs Enforcement authority over certain aliens
Nothing in this Act or any other Act may be construed to impose a limitation on the authority of U.S. Immigration and Customs Enforcement over an alien who is a participant in a program under the Alternatives to Detention program, including with respect to an action of the Office for Civil Rights and Civil Liberties of the Department of Homeland Security.
Sec. 6 GPS tracking of certain aliens
Each alien on the nondetained docket of an immigration court shall be enrolled in the Alternatives to Detention program, with mandatory GPS monitoring—
for the duration of all applicable immigration proceedings, including any appeal; and
in the case of an alien who is ordered removed from the United States, until removal.
Sec. 7 Mandatory inclusion of certain aliens in the Family Expedited Removal Management program
In general— An alien described in subsection (b) shall be required to participate in the Family Expedited Removal Management program.
Alien described— An alien described in this subsection is—
an alien who, as a member of a family unit—
entered or attempted to enter the United States at any time or place other than as designated by an immigration officer;
eluded examination or inspection by an immigration officer; or
attempted to enter, or obtained entry to the United States, by a false or misleading representation or the concealment of a material fact; and
an alien who is a member of such family unit.
Sec. 8 Notice of violation
On each occasion on which an alien participating in the Alternatives to Detention program violates a condition of such participation and, as a result of such violation, becomes eligible for detention, the Secretary shall immediately—
publish notice of such alien's eligibility for detention on the website of the Department of Homeland Security; and
transmit such notice to all relevant law enforcement agencies in the vicinity of the alien’s last known whereabouts.
Sec. 9 Effect of residence in, relocation to, sanctuary jurisdiction
In general— An alien shall be ineligible to participate in the Alternatives to Detention program if the alien resides or seeks to reside in a location described in subsection (c).
Change of residence— The Secretary shall immediately detain an alien who, without notifying the Secretary, changes residence to a location described in subsection (c).
Location described— A location described in this subsection is a State or political subdivision of a State that has in effect a law, ordinance, policy, or practice that prohibits or restricts any government entity or official from—
sending, receiving, maintaining, or exchanging with any Federal, State, or local government entity information regarding the citizenship or immigration status (lawful or unlawful) of any individual; or
complying with a request lawfully made by the Secretary under section 236 or 287 of the Immigration and Nationality Act (8 U.S.C. 1226 or 1357) to comply with a detainer for, or notify of the release of, an alien.
Sec. 10 Check-in required for participants in Intensive Supervision Appearance Program
In general— Not later than 45 days after the date of the enactment of this Act, the Secretary shall—
require each covered alien—
to participate in the Intensive Supervision Appearance Program, which shall include—
GPS monitoring, including through use of ankle-worn GPS and wrist-worn GPS;
telephonic reporting, including reporting by voice recognition; and
home visits; and
to check in with the Secretary not later than 14 days after the issuance of the notice required by paragraph (2); and
in a manner the Secretary considers appropriate, issue to each covered alien a notice of such requirements.
Penalty—
In general— Notwithstanding any other provision of law, if a covered alien fails to check in with the Secretary as required by subsection (a), the Secretary shall—
revoke the bond or parole under section 236(a) of the Immigration and Nationality Act (8 U.S.C. 1226(a)), pursuant to which the alien was originally released and eligible for participation in the Intensive Supervision Appearance Program;
re-arrest the alien under the original warrant; and
detain the alien.
Removal proceedings—
In general— The applicable immigration judge shall advance on the docket of the immigration court, and expedite to the greatest extent possible, the disposition of the removal proceedings of an alien who is re-arrested and detained under paragraph (1).
Removal order— If the immigration judge determines that such alien is subject to removal from the United States, the immigration judge shall enter an administrative order of removal.
Appeals—
In general— Not later than 7 days after the date on which an immigration judge enters an administrative order of removal under subparagraph (B), an alien may appeal such order to the Board of Immigration Appeals.
Hearing— Not later than 7 days after an appeal under clause (i) is filed, the Board of Immigration Appeals shall conduct a hearing on the appeal.
Decision— Not later than 7 days after the date on which a hearing is conducted under clause (ii), the Board of Immigration Appeals shall issue a decision.
Removal— If the Board of Immigration Appeals issues a final administrative order of removal, the alien concerned shall be removed from the United States not later than 7 days after the date on which such order of removal is issued.
Report— Not later than 120 days after the date of the enactment of this Act, the Secretary shall submit to Congress a report on the number and percentage of covered aliens who have checked in with the Secretary as required under subsection (a).
Covered alien defined— In this section, the term covered alien means an alien who is present in the United States and enrolled in the Intensive Supervision Appearance Program on the date of the enactment of this Act.
Sec. 11 Requirement to submit biometric information
In general— The Secretary shall require an alien arriving in the United States to submit biometric information to the Secretary as a condition of eligibility for participation in the Alternatives to Detention program.
Interoperability and information matching— The Secretary shall ensure, to the extent practicable, that any biometric information collected pursuant to subsection (a) is stored in a manner that is interoperable with, and allows matching against, other Federal, State, and local law enforcement databases that store biometric information of known or suspected terrorists or identify visa holders who violate the terms of their visas.
Sec. 12 Rule of construction
Nothing in this Act may be construed to absolve the Secretary of the duty to detain and remove aliens consistent with the Immigration and Nationality Act (8 U.S.C. 1101 et seq.).