H.R. 3860

This bill requires mandatory detention of certain aliens and modifies other provisions related to the detention of aliens.

The Department of Homeland Security (DHS) must detain certain aliens, such as an alien convicted of an aggravated felony or believed to be a trafficker of controlled substances, beyond certain time limits for detaining an alien.

The bill provides for additional instances when DHS may extend the 90-day removal period (generally the window in which DHS has to remove an alien after a final order of removal), such as when the Board of Immigration Appeals stays an alien's removal. DHS may keep an alien in detention during this extended period.

An alien choosing to appeal mandatory detention or detention as part of a removal period extension may do so only by filing for a writ of habeas corpus.

DHS may, at its sole discretion, continue to detain an alien beyond the removal period and any removal period extensions. DHS shall periodically certify a justification for detaining an alien beyond the removal period. The bill provides specific instances where DHS may exercise such powers, such as when releasing an alien would have serious adverse foreign policy consequences.

DHS shall establish a detention review process for aliens who (1) have made all reasonable efforts to comply with a removal order, and (2) are not subject to mandatory detention. DHS shall use the review process to determine whether an alien should be detained or released with conditions.