Section 236 ... is amended ... by adding ... 'Length of Detention.--Notwithstanding any other provision under this section, an alien may be detained under this section for any period, without limitation ... until the alien is subject to a final order of removal.'
Allow the Department of Homeland Security to detain noncitizens in removal proceedings for any period without limitation until they are subject to a final order of removal, subject to limited bond provisions.
Occurrences
Evidence
unverified · Source version 64647 · locator unknown
GovInfo bill text shows S. 5337 was introduced August 6, 2026, with Tom Cotton listed among cosponsors and referred to Senate Judiciary. The bill would add INA section 236(g), allowing detention for any period without limitation until a final removal order, and section 236(i), limiting bond to cases where the alien proves by clear and convincing evidence they are not a flight or safety risk.
legacy_unverified · Source version not recorded · locator unknown
The Senate Judiciary legislation page lists S. 5337 with last action 08/06/2026 and title: a bill to amend the INA to provide extensions of detention of certain aliens ordered removed.
Assessments
Cotton materially advanced the promise in the current federal term by cosponsoring S. 5337, introduced on August 6, 2026, which matches the claimed policy by authorizing detention without time limitation until a final removal order and limiting bond availability. However, the bill was only read twice and referred to the Senate Judiciary Committee, with no evidence of passage or enactment as of August 27, 2026. Because the promised legal change has not yet become law but remains pending, the outcome is unresolved rather than delivered or failed.