The Secretary of Homeland Security may continue to detain an alien for a period of 90 days beyond the removal period ... may continue to detain an alien beyond the 90-day period ... until the alien is removed ... if ... significant likelihood ... will be removed ... or ... failure or refusal ... to cooperate ... [or] has a highly contagious disease ... would threaten the national security ... [or] will threaten the safety of the community or any person.
Authorize DHS to continue detaining ordered-removed noncitizens beyond the removal period for 90 days and longer in specified cases, including likely removal, noncooperation, contagious disease, national security risk, or public-safety risk.
Occurrences
Evidence
unverified · Source version 47875 · locator unknown
GovInfo lists S. 5337 in the 119th Congress as introduced on August 6, 2026, with Tom Cotton among the original cosponsors. The listed action is that the bill was read twice and referred to the Senate Judiciary Committee; no later official action appeared in the September 11-13, 2026 lookback searches.
unverified · Source version 64647 · locator unknown
The introduced text would amend INA section 241 to let DHS detain an ordered-removed alien for 90 additional days after the removal period, and to continue detention beyond that for likely removal, noncooperation with removal, highly contagious disease, national-security threat, or community/person safety threat. The bill states these amendments take effect on enactment, which has not occurred in the cited bill status.
Assessments
Cotton was an original cosponsor of S. 5337 in the 119th Congress, and the introduced bill text closely matches the promised DHS detention authority. But the official status remains introduction and referral to the Senate Judiciary Committee, with no passage or enactment. Because the measure is pending rather than delivered or definitively failed, the promise is unresolved, with credit for a serious same-term legislative effort.