The removal period shall be suspended and the Secretary of Homeland Security may ... detain the alien during such suspension, if ... the alien fails or refuses ... to comply with the removal order ... any court ... orders a stay of removal ... or the Secretary transfers custody ... The Secretary shall keep an alien described in any of subparagraphs (A) through (E) of section 236(c)(1) in detention.
Suspend the removal period and allow DHS detention when a noncitizen obstructs removal, receives a stay of removal, or is transferred to another government agency, with mandatory detention for covered criminal or security categories.
Occurrences
Evidence
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GovInfo lists S. 5337 as introduced August 6, 2026, read twice and referred to the Senate Committee on the Judiciary. The bill names Tom Cotton as a cosponsor and is titled to amend the INA to provide for extensions of detention of certain aliens ordered removed.
unverified · Source version 64647 · locator unknown
The bill text would suspend the removal period if the alien obstructs removal, a court or immigration tribunal orders a stay, or DHS transfers custody to another federal, state, or local agency; it also states DHS shall keep aliens in section 236(c)(1) categories in detention during those periods.
Assessments
Official bill records show Cotton cosponsored S. 5337, the Keep Our Communities Safe Act of 2026, whose introduced text closely matches the promised INA detention and removal-period changes. However, the latest available status is only introduction and referral to the Senate Judiciary Committee on August 6, 2026, with no enactment or implemented federal policy outcome. This supports credit for a concrete legislative effort, but not delivery while the measure remains pending.