If the activity described in this paragraph does not result in the alien being taken into custody ... when the alien is brought to the attention of the Secretary, the Secretary shall take such alien into custody ... No alien detained pursuant to subsection (c) may seek release on bond.
Require DHS to keep certain criminal or security-related noncitizens in custody when they are encountered after release and bar bond eligibility for those subject to mandatory detention.
Occurrences
Evidence
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GovInfo shows S. 5337 was introduced in the Senate on August 6, 2026, with Tom Cotton listed as a cosponsor, and was read twice and referred to the Senate Judiciary Committee. The introduced text would require DHS custody at any time after release for covered 8 U.S.C. 1226(c)(1) aliens when brought to DHS attention, and would bar bond for aliens detained under subsection (c).
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Public Law 119-98 appropriates at least $350 million for ICE expenses tied to detainer management, custodial transfer, release monitoring, transportation, and arrests of covered unlawful aliens in nonqualified jurisdictions. It also limits use of those funds for release, parole, alternatives to detention, transport for release, or otherwise facilitating community release of covered unlawful aliens encountered.
Assessments
The full promised outcome has not been enacted: S. 5337 matches the custody-after-release and bond-bar requirements, and Cotton cosponsored it, but it was only introduced and referred to committee during his current Senate term. Public Law 119-98 enacted related ICE custody, transfer, release-monitoring, and release-restriction funding provisions in the same term, but it does not create the broader mandatory detention rule or bond-ineligibility bar promised. That supports partial fulfillment, not full delivery.