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S5560119th Congress

Immigration Warrants Reform Act of 2026

Sponsored By: Senator Durbin, Richard J. [D-IL]

Introduced

Summary

This bill would enact an overhaul of arrest, detention, and release procedures for noncitizens under the Immigration and Nationality Act. It would also broaden enforcement powers at the border and inside the country and replace "alien" language with "noncitizen" across multiple provisions.

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  • It would rewrite how arrests, detention, and releases are handled in INA section 236, changing how administrative warrants are described, raising or altering evidentiary standards, and changing review processes for detained noncitizens.
  • It would expand warrantless arrest powers for Department of Homeland Security officers to allow both entry and interior arrests without a warrant, while adding requirements for documentation and judicial oversight of those arrests.
  • It would expand inspection authority at the border to explicitly cover applicants for admission who are not or were not paroled under section 235(b)(2)(A). It would also make conforming edits and update terminology in section 287(a).

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Bill Overview

Analyzed Economic Effects

2 provisions identified: 0 benefits, 1 costs, 1 mixed.

Expanded warrantless arrest powers for immigrants

If enacted, the bill would let DHS officers arrest without a warrant people they see entering at places or times not designated by immigration officials. It would also allow interior warrantless arrests when officers have probable cause the person is removable, the person poses an imminent danger requiring immediate arrest, and the person is likely to escape before a warrant can be obtained. The text also describes other warrantless powers applying “within a reasonable distance” but does not define them in the excerpt.

New arrest warrants and custody rules

If enacted, the bill would require an administrative arrest warrant that documents individualized probable cause of removability and be signed by a supervising DHS officer at least 24 hours before execution. The warrant would have to be issued with, or based on, a notice to appear and served on the person at arrest, and the person could be detained pending a removal decision. For certain warrantless interior arrests, the arresting officer would have to file a sworn statement within 12 hours and an immigration judge or district court would have to review the arrest within 24 hours and order prompt release if probable cause is not shown and there is no imminent danger. Detained noncitizens could seek custody review every 60 days, and DHS would have to prove by clear and convincing evidence that the person is a flight risk or dangerous; the Secretary could also revoke release and rearrest after an individualized danger finding. The bill would also replace some uses of “alien” with “noncitizen” and change a specified evidentiary phrase to “probable cause.”

Sponsors & CoSponsors

Sponsor

Durbin, Richard J. [D-IL]

IL • D

Cosponsors

  • Sen. Padilla, Alex [D-CA]

    CA • D

    Sponsored 9/24/2026

  • Sen. King, Angus S., Jr. [I-ME]

    ME • I

    Sponsored 9/24/2026

  • Sen. Hirono, Mazie K. [D-HI]

    HI • D

    Sponsored 9/24/2026

  • Sen. Kaine, Tim [D-VA]

    VA • D

    Sponsored 9/24/2026

  • Sen. Blumenthal, Richard [D-CT]

    CT • D

    Sponsored 9/24/2026

  • Sen. Murray, Patty [D-WA]

    WA • D

    Sponsored 9/24/2026

  • Sen. Whitehouse, Sheldon [D-RI]

    RI • D

    Sponsored 9/28/2026

Roll Call Votes

No roll call votes available for this bill.

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