Bill Sponsor
House Bill 3860
116th Congress(2019-2020)
To amend the Immigration and Nationality Act with respect to the detention of dangerous aliens, and for other purposes.
Introduced
Introduced
Introduced in House on Jul 19, 2019
Overview
Text
Introduced
Jul 19, 2019
Latest Action
Aug 12, 2019
Origin Chamber
House
Type
Bill
Bill
The primary form of legislative measure used to propose law. Depending on the chamber of origin, bills begin with a designation of either H.R. or S. Joint resolution is another form of legislative measure used to propose law.
Bill Number
3860
Congress
116
Policy Area
Immigration
Immigration
Primary focus of measure is administration of immigration and naturalization matters; immigration enforcement procedures; refugees and asylum policies; travel and residence documentation; foreign labor; benefits for immigrants. Measures concerning smuggling and trafficking of persons may fall under Crime and Law Enforcement policy area. Measures concerning refugees may fall under International Affairs policy area.
Sponsorship by Party
Republican
Arizona
House Votes (0)
Senate Votes (0)
No House votes have been held for this bill.
Summary

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.

Text (1)
July 19, 2019
Actions (3)
08/12/2019
Referred to the Subcommittee on Immigration and Citizenship.
07/19/2019
Referred to the House Committee on the Judiciary.
07/19/2019
Introduced in House
Public Record
Record Updated
Nov 1, 2022 1:50:30 PM