Text of Senate Amendment 16

Text of Senate Amendment 16

Congressional Record, Volume 171 Issue 7 (Tuesday, January 14, 2025) [Congressional Record Volume 171, Number 7 (Tuesday, January 14, 2025)] [Senate] [Page S141] From the Congressional Record Online through the Government Publishing Office [ www.gpo.gov ] SA 16. Mr. CRUZ submitted an amendment intended to be proposed by him to the bill S. 5, to require the Secretary of Homeland Security to take into custody aliens who have been charged in the United States with theft, and for other purposes; which was ordered to lie on the table; as follows: At the end of the bill, add the following: SEC. 4. ENHANCING PUBLIC SAFETY THROUGH DETENTION, CONTINUOUS MONITORING, OR REMOVAL OF ALIENS UNLAWFULLY PRESENT IN THE UNITED STATES. (a) Short Title.--This section may be cited as the ``Justice for Jocelyn Act''. (b) Limitation on Participation in Alternatives to Detention.--No alien may be released as part of any program under the Alternatives to Detention program unless-- (1) all detention beds available to the Secretary have been filled; (2) there exists no available option to hold aliens in detention; and (3) the Secretary of Homeland Security has exercised and exhausted all reasonable efforts to hold aliens in detention. (c) GPS Tracking and Curfew Requirements for Certain Aliens.--Each alien on U.S. Immigration and Customs Enforcement's nondetained docket shall be-- (1) enrolled in the Alternatives to Detention program; (2) continuously subject to GPS monitoring-- (A) for the duration of all applicable immigration proceedings, including any appeal; and (B) in the case of an alien who is ordered removed from the United States, until removal; and (3) required to stay in their Alternatives to Detention- compliant home address between the hours of 10:00 p.m. and 5:00 a.m. (d) Removal of Aliens Who Fail to Comply With Release Order.--Section 240(b)(5) of the Immigration and Nationality Act (8 U.S.C. 1229a(b)(5)) is amended by adding at the end the following: ``(F) Failure to comply with release order.--If an immigration officer submits an affidavit to an immigration judge stating that an alien failed to comply with a condition of release under section 236(a), such alien shall be ordered removed in absentia.''. (e) Severability.--If any provision of this section or the application of such provision to any person or circumstance is held by a Federal court to be unconstitutional, the remainder of this section and the application of such provisions to any other person or circumstance shall not be affected. ______