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S5337119th Congress

Keep Our Communities Safe Act of 2026

Sponsored By: Senator Britt, Katie Boyd [R-AL]

Introduced

Summary

Expands DHS detention authority and tightens release rules for noncitizens during removal proceedings. The bill would move custody power from the Attorney General to the Secretary of Homeland Security, allow detention without a time limit until a final removal order, and impose stricter bond and review rules.

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  • Families and communities: Could face longer separations because DHS could detain people until a final removal order and may redetain them if removal later becomes likely.
  • Detainees and counsel: Would set a minimum bond of $1,500, narrow who can get bond, and allow a 90-day no-bond extension after the removal period with further detention only after written certification for serious criminal or mental health risks.
  • Enforcement and oversight: Shifts custody and many detention decisions to the DHS Secretary, creates a limited administrative-review process for specified classes of aliens, and prevents delegating certain certification authority below the Deputy Director of ICE.

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Bill Overview

Analyzed Economic Effects

5 provisions identified: 0 benefits, 4 costs, 1 mixed.

DHS gains detention decision power

If enacted, the bill would replace references to the Attorney General with the Secretary of Homeland Security for detention and removal decisions. DHS would control custody, detention, and removal mechanics previously handled by the Department of Justice. This change would take effect on the date of enactment.

Longer detention and suspension rules

If enacted, the bill would let DHS detain an alien under section 236 without a fixed time limit until there is a final removal order in most cases. DHS would be able to pause the 90-day removal clock for failures to cooperate, court stays, or custody transfers. DHS would be allowed to hold someone 90 days after the removal period with no right to seek bond. The Secretary could continue detention longer if removal is likely, the alien failed to cooperate, or the Secretary issues a written certification for public-health, national-security, or community-safety reasons.

New effective dates for detention

If enacted, the bill would make the new DHS detention and removal rules effective on the date of enactment. The amended section 236 would apply to any alien in detention under that section on or after that date. The amended section 241 would apply to aliens with a final removal, deportation, or exclusion order issued before, on, or after that date and to acts and conditions before, on, or after that date.

Rules for supervised release and custody

If enacted, the bill would require aliens released under conditions to follow reasonable conduct restrictions set by the Secretary to prevent absconding and protect the community. If a released alien engages in listed activities or has certain convictions and no one else takes custody, DHS would take that person into custody when DHS learns about it. This rule would apply whether the alien was on parole, supervised release, or probation.

Stricter bond rules and review

If enacted, the bill would require DHS to create an administrative review for aliens who cooperate with removal efforts and are not mandatorily detained. If you seek bond, you would have to prove by clear and convincing evidence you are not a flight risk and not dangerous. The bill would set a minimum bond of $1,500 and require Secretary‑approved security. Some classes of detainees, including those in mandatory detention, would be ineligible for bond. The bill would relabel parole in this part as "conditional parole."

Sponsors & CoSponsors

Sponsor

Britt, Katie Boyd [R-AL]

AL • R

Cosponsors

  • Sen. Tuberville, Tommy [R-AL]

    AL • R

    Sponsored 8/6/2026

  • Sen. Cotton, Tom [R-AR]

    AR • R

    Sponsored 8/6/2026

  • Sen. Cruz, Ted [R-TX]

    TX • R

    Sponsored 8/6/2026

  • Sen. Marshall, Roger [R-KS]

    KS • R

    Sponsored 8/6/2026

  • Sen. Crapo, Mike [R-ID]

    ID • R

    Sponsored 8/6/2026

  • Sen. Risch, James E. [R-ID]

    ID • R

    Sponsored 8/6/2026

  • Sen. Cramer, Kevin [R-ND]

    ND • R

    Sponsored 8/6/2026

  • Sen. Fischer, Deb [R-NE]

    NE • R

    Sponsored 8/6/2026

  • Sen. Rounds, Mike [R-SD]

    SD • R

    Sponsored 8/6/2026

  • Sen. Budd, Ted [R-NC]

    NC • R

    Sponsored 8/6/2026

  • Sen. Hyde-Smith, Cindy [R-MS]

    MS • R

    Sponsored 8/6/2026

  • Sen. Hoeven, John [R-ND]

    ND • R

    Sponsored 8/6/2026

  • Sen. Ricketts, Pete [R-NE]

    NE • R

    Sponsored 8/6/2026

  • Sen. Scott, Tim [R-SC]

    SC • R

    Sponsored 9/15/2026

  • Sen. Moody, Ashley [R-FL]

    FL • R

    Sponsored 9/23/2026

Roll Call Votes

No roll call votes available for this bill.

View on Congress.gov
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