S.744 Immigration bill - Sec. 3717: PROCEDURES FOR BOND HEARINGS AND FILING OF NOTICES TO APPEAR

    (a) Aliens in Custody- Section 236 (8 U.S.C. 1226) is amended by adding at the end the following:

    `(f) Procedures for Custody Hearings- For any alien taken into custody under any provision of this Act, with the exception of minors being transferred to or in the custody of the Office of Refugee Resettlement, the following shall apply:

      `(1) The Secretary of Homeland Security shall, without unnecessary delay and not later than 72 hours after the alien is taken into custody, file the Notice to Appear or other relevant charging document with the immigration court having jurisdiction over the location where the alien was apprehended, and serve such notice on the alien.

      `(2) The Secretary shall immediately determine whether the alien shall remain in custody or be released and, without unnecessary delay and not later than 72 hours after the alien was taken into custody, serve upon the alien the custody decision specifying the reasons for continued custody and the amount of bond if any.

      `(3) The Attorney General shall ensure the alien has the opportunity to appear before an immigration judge for a custody determination hearing promptly after service of the Secretary's custody decision. The immigration judge may, on the Secretary's motion and upon a showing of good cause, postpone a custody determination hearing for no more than 72 hours after service of the custody decision, except that in no case shall the hearing occur more than seven days (including weekends and holidays) after the alien was taken into custody.

      `(4) The immigration judge shall advise the alien of the right to postpone the custody determination hearing and shall, on the oral or written request of the individual, postpone the custody determination hearing for a period of no more than 14 days.

      `(5) Except for aliens that the immigration judge has determined are deportable as described in section 236A and 236(c), the immigration judge shall review the custody determination de novo and may detain the alien only if the Secretary demonstrates that no conditions, including the use of alternatives to detention that maintain custody over the alien, will reasonably assure the appearance of the alien as required and the safety of any other person and the community. For aliens detained under 236(c), the immigration judge may review the custody determination if the Secretary agrees the alien is not a danger to the community and alternatives to detention exist that assure the appearance of the alien as required and the safety of any other person and the community.

      `(6) In the case of any alien remaining in custody after a custody determination, the Attorney General shall provide de novo custody determination hearings before an immigration judge every 90 days so long as the alien remains in custody. The alien may obtain a de novo custody redetermination hearing upon a showing of good cause.

      `(7) The Secretary shall inform the alien of his or her rights under this paragraph at the time the alien is first taken into custody.'.

    (b) Stipulated Removal- Section 240(d) (8 U.S.C. 1229a) is amended to read as follows:

    `(d) Stipulated Removal- The Attorney General shall provide by regulation for the entry by an immigration judge of an order of removal stipulated to by the alien (or the alien's representative) and the Service. An immigration judge may enter a stipulated removal order only upon a finding at an in-person hearing that the stipulation is voluntary, knowing and intelligent. A stipulated order shall constitute a conclusive determination of the alien's removability from the United States.'.

3717
PROCEDURES FOR BOND HEARINGS AND FILING OF NOTICES TO APPEAR