The Secretary of Homeland Security shall establish an administrative review process to determine whether an alien who is not otherwise subject to mandatory detention, who has made all reasonable efforts to comply with a removal order and to cooperate fully ... should be detained or released on conditions.
Establish a DHS administrative review process to decide whether cooperative noncitizens with final removal orders who are not otherwise subject to mandatory detention should remain detained or be released on conditions.
Occurrences
Evidence
unverified · Source version 47875 · locator unknown
GovInfo lists S. 5337 as introduced August 6, 2026, with Tom Cotton among cosponsors. The latest action is read twice and referred to the Senate Judiciary Committee.
unverified · Source version 64647 · locator unknown
The introduced bill says DHS shall establish an administrative review process to decide whether qualifying cooperative aliens should be detained or released on conditions.
Assessments
Cotton cosponsored S. 5337 in the 119th Congress, and the introduced text appears to contain the promised DHS administrative review process. But the bill has only been introduced and referred to the Senate Judiciary Committee, with no evidence that it was enacted or that DHS implemented the process. Because Cotton remains in office and the measure is still pending in the same federal term, the promise is not delivered but also not finally failed.