United States 118th Congress Status: In Committee 21 R cosponsors

S 333 — Keep Our Communities Safe Act of 2023

Last action — Read twice and referred to the Committee on the Judiciary.

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  1. ✓
    Introduced
  2. 2
    In Committee
  3. 3
    Passed Senate
  4. 4
    Passed House
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 118th Congress. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

Keep Our Communities Safe Act of 2023 This bill revises provisions related to the authority of the Department of Homeland Security (DHS) to detain non-U.S. nationals (aliens under federal law). DHS may detain an individual pending a removal decision for any length of time until the individual is subject to a final removal order. DHS must detain certain individuals, such as those convicted of an aggravated felony, beyond certain time limits for immigration-related detention. The authority of the Department of Justice to review DHS custody decisions concerning an individual awaiting a removal decision shall be limited to whether the individual may be detained, released on bond, or released with no bond. DHS may release such an individual on bond only if the individual is not a flight risk or risk to the community. For an individual subject to a removal order, DHS may extend the 90-day removal period (generally the window in which DHS has to remove an individual after a final order of removal) in certain instances, such as when removal is stayed during an appeal. DHS may continue to detain an individual beyond the removal period and any removal period extensions. DHS must periodically certify a justification for detaining an individual beyond the removal period. DHS must establish a detention review process for individuals who (1) have made all reasonable efforts to comply with a removal order, and (2) are not subject to mandatory detention. DHS shall use this process to determine whether such an individual should be detained or released with conditions.

Bill Text

How this bill changes current law

12 changes Share ↗

Compared against current U.S. Code AI-generated reading aid — verify against the official bill.

The bill amends the Immigration and Nationality Act to extend the detention of certain aliens ordered removed and changes various provisions regarding their detention and release.

  • 8 U.S.C. 1226

    Attorney General → Secretary of Homeland Security

    Changes the responsible authority for detention decisions from the Attorney General to the Secretary of Homeland Security.

  • 8 U.S.C. 1226(a)

    and

    Indicates that the Attorney General can continue detaining aliens without specifying a concluding statement.

  • 8 U.S.C. 1226(a)(2)(B)

    conditional parole; but → recognizance; and

    Replaces provisions for conditional parole with a provision for release on recognizance.

  • 8 U.S.C. 1226(b)

    Parole → Recognizance

    Alters the subsection heading to reflect the terminology change from parole to recognizance.

  • 8 U.S.C. 1226(b)

    parole → recognizance

    Updates the text to reflect the change from referring to parole to recognizance.

  • 8 U.S.C. 1226(c)(1)

    released, without regard to whether the alien is released on parole, supervised release, or probation, and without regard to whether the alien may be arrested or imprisoned again for the same offense. → released related to any activity, offense, or conviction described in this paragraph; to whether the alien is released on parole, supervised release, or probation; or to whether the alien may be arrested or imprisoned again for the same offense. If the activity described in this paragraph does not result in the alien being taken into custody by any person other than the Secretary, when the alien is brought to the attention of the Secretary or when the Secretary determines it is practical to take such alien into custody, the Secretary shall take such alien into custody.

    Clarifies the conditions under which the Secretary of Homeland Security must detain aliens.

  • 8 U.S.C. 1226(e)

    Attorney General's → Secretary of Homeland Security's

    Changes oversight authority from the Attorney General to the Secretary of Homeland Security regarding certain custody determinations.

  • 8 U.S.C. 1226

    Length of Detention.--Notwithstanding any other provision under this section, an alien may be detained under this section for any period, without limitation, except as provided in subsection (h), until the alien is subject to a final order of removal. The length of detention under this section shall not affect a detention under section 241.

    Enables indefinite detention of certain aliens until they receive a final order of removal.

  • 8 U.S.C. 1231(a)

    Attorney General → Secretary of Homeland Security

    Transfers the authority for removal proceedings from the Attorney General to the Secretary of Homeland Security.

  • 8 U.S.C. 1231(a)(1)(B)

    the date on which the alien is taken into such custody if the alien is not → the date on which the alien is taken into custody if the alien is not

    Adjusts language for clarity regarding the timing of removal periods.

  • 8 U.S.C. 1231(a)(1)(C)

    Suspension of period.--The removal period shall be extended beyond 90 days and the Secretary may, in the Secretary's sole discretion, keep the alien in detention during such extended period, if--

    Grants the Secretary of Homeland Security discretion to extend the removal period under certain conditions.

  • 8 U.S.C. 1231(a)(1)(C)(ii)

    Renewal.--If the removal period has been extended under clause (i), a new removal period shall be deemed to have begun on the date on which--

    Establishes a process for renewing removal periods for detained aliens.

Action History

  1. Introduced in Senate

  2. Read twice and referred to the Committee on the Judiciary.

Sponsors

Sponsorship breakdown

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1 sponsors · 20 co-sponsors · 526 not signed on

Sponsors (1)

Co-sponsors (20)

Not signed on (526)

526 members have not signed on to this bill.

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"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Subjects

public-safety immigration
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Frequently asked questions

What does S 333 do?
Keep Our Communities Safe Act of 2023 This bill revises provisions related to the authority of the Department of Homeland Security (DHS) to detain non-U.S. nationals (aliens under federal law). DHS may detain an individual pending a removal decision for any length of time until the individual is subject to a final removal order. DHS must detain certain individuals, such as those convicted of an aggravated felony, beyond certain time limits for immigration-related detention. The authority of the Department of Justice to review DHS custody decisions concerning an individual awaiting a removal decision shall be limited to whether the individual may be detained, released on bond, or released with no bond. DHS may release such an individual on bond only if the individual is not a flight risk or risk to the community. For an individual subject to a removal order, DHS may extend the 90-day removal period (generally the window in which DHS has to remove an individual after a final order of removal) in certain instances, such as when removal is stayed during an appeal. DHS may continue to detain an individual beyond the removal period and any removal period extensions. DHS must periodically certify a justification for detaining an individual beyond the removal period. DHS must establish a detention review process for individuals who (1) have made all reasonable efforts to comply with a removal order, and (2) are not subject to mandatory detention. DHS shall use this process to determine whether such an individual should be detained or released with conditions.
Who sponsors S 333?
S 333 is sponsored by Barrasso, John (Republican), Braun, Mike (Republican), Cassidy, Bill (Republican), Cotton, Tom (Republican), Cramer, Kevin (Republican), Crapo, Mike (Republican), Cruz, Ted (Republican), Fischer, Deb (Republican), Grassley, Chuck (Republican), Hoeven, John (Republican), Hyde-Smith, Cindy (Republican), Mullin, Markwayne (Republican), Risch, James E. (Republican), Rounds, Mike (Republican), Rubio, Marco (Republican), Schmitt, Eric (Republican), Thune, John (Republican), Tillis, Thomas (Republican), Tuberville, Tommy (Republican), Boozman, John (Republican), and Britt, Katie Boyd (Republican).
What is the current status of S 333?
This bill died with 118th Congress. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track S 333?
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