Detention Authority Clarification Act

Key Points

• This bill would change federal immigration law to require mandatory detention of people who are physically present in the United States but have not been officially admitted. Currently, immigration officials often have discretion to release individuals while they await court hearings, but this bill would eliminate that flexibility.
• The bill adds a new category to the existing list of people subject to mandatory detention. It targets anyone classified as an "applicant for admission" under existing immigration law, which broadly covers people who have arrived in the U.S. but have not gone through a formal admission process.
• The bill also changes language in the inspection provisions of immigration law, replacing "an alien seeking admission" with "the applicant for admission," which could broaden who is covered under mandatory detention rules.
• The bill was introduced by Sen. Budd along with four Republican co-sponsors and has been referred to the Senate Judiciary Committee. If enacted, it would likely require a massive expansion of detention capacity, since millions of people currently in the U.S. without formal admission could fall under this mandate.