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GOP Bill Targets Supreme Court Ruling on Detained Illegal Immigrants

Senate Republicans are renewing an effort to close what they describe as a long-standing immigration loophole that allows some detained illegal immigrants to be released into the United States when deportation cannot be…

Andrew PowellAug 6, 20263 min read

Illegal immigration Immigration Politics U.S. News

Senate Republicans are renewing an effort to close what they describe as a long-standing Immigration loophole that allows some detained illegal immigrants to be released into the United States when deportation cannot be carried out.

According to Fox News, the legislation, introduced by Sen. Katie Britt, R-Ala., is known as the Keeping Our Communities Safe Act.

Britt said the proposal would prevent illegal immigrants from being released simply because their home countries refuse to accept them for repatriation.

The measure is aimed at a 2001 Supreme Court ruling that limited how long the federal government can detain certain illegal immigrants.

Under that decision, detainees may generally be released after six months if there is no significant likelihood that they can be deported in the foreseeable future.

Britt argued the ruling created a loophole that she said was widely used during the Biden administration.

"Ultimately, we want to create pathways for these people to go back to the country they came from," Britt told Fox News Digital. "But just because we can't get a country to comply does not mean that that person should get to roam free in the United States of America."

"They should be there in detention until we're able to find them a pathway back to their country," she added.

Current law requires the government to provide evidence that deportation is likely once the six-month detention period has expired.

If officials cannot do so, the detainee must generally be released under supervision.

Britt's bill would amend portions of the Immigration and Nationality Act to expand the Department of Homeland Security's authority to detain certain illegal immigrants, particularly those with criminal records.

It would also make it more difficult for some detainees to obtain bond by requiring them to demonstrate they are not a flight risk or a danger to others.

The proposal also allows for extended detention in cases involving national security concerns, aggravated felonies, or violent crimes.

The legislation has been introduced in various forms since 2011 and was previously championed by Britt during the Biden administration.

It now has the backing of 11 Republican Senate co-sponsors, including Sens. Tom Cotton of Arkansas, Tommy Tuberville of Alabama, Ted Cruz of Texas, Kevin Cramer of North Dakota, Mike Crapo and Jim Risch of Idaho, Deb Fischer of Nebraska, Cindy Hyde-Smith of Mississippi, Roger Marshall of Kansas and Mike Rounds of South Dakota.

Tuberville said the legislation is part of a broader effort to strengthen Immigration enforcement.

"Joe Biden and Kamala Harris allowed millions of illegals to invade our country — and now law-abiding Americans are paying the price," Tuberville said in a statement to Fox News Digital. "We need to do everything we can to deport every single one of these criminals."