Mandated Detention and Accelerated Removal

Summary#

This bill, called Grant’s Law, changes who must be held in immigration custody and who runs that custody. It adds a new category of non‑U.S. nationals (aliens) who must be detained if they are unlawfully present and are arrested for certain crimes that would make them inadmissible to or deportable from the United States. It also moves custody authority to the Department of Homeland Security (DHS) and requires faster deportation (removal) processing for these cases.

• Who is affected: non‑U.S. nationals found to be unlawfully present and arrested for specified criminal offenses.
• Main change: DHS must detain such people and may not release them on immigration grounds while removal proceedings are pending, even if they are not convicted of the crime.
• Custody authority shifts from the Attorney General to the Secretary of Homeland Security.
• Timeline: DHS must complete removal proceedings for these detained people within 90 days of detention.
• Release to other authorities: DHS may hand a person to criminal authorities for prosecution, but must take back custody whenever the person is not held by that other authority.

What it means for you#

• Non‑U.S. nationals unlawfully present

  • If arrested for certain crimes that would make them inadmissible or deportable, DHS must detain them.
  • If not convicted of the crime, DHS must still keep them in immigration detention until removal proceedings finish.
  • Removal proceedings for these detainees must be finished within 90 days after DHS detains them.

• People arrested by police

  • Local police can hand arrested noncitizens to DHS custody. DHS can also transfer custody to criminal authorities for prosecution, but will resume custody when the person is not in criminal custody.

• Immigration attorneys and courts

  • Cases for these detainees must move faster (90‑day target), which may change scheduling and legal preparation timelines.

• DHS and federal immigration officials

  • DHS becomes the central decisionmaker for detaining and releasing these aliens.
  • DHS must track custody periods and complete removal cases faster.

• Local jails and prosecutors

  • They may receive people transferred from DHS for criminal proceedings and must coordinate on custody handovers.

• Taxpayers

  • The bill could increase use of immigration detention and speed up immigration court workloads (see Expenses).

Expenses#

No publicly available information.

• The bill would likely increase DHS detention costs because more people could be held longer in immigration custody.
• Immigration courts may need more staff, judges, or resources to meet the 90‑day completion requirement.
• Local jails could face logistical costs if they hold, transport, or coordinate custody of transferred individuals.
• There may be legal and administrative costs linked to coordinating custody between DHS and criminal authorities.

Proponents' View#

• The bill appears intended to reduce the risk that someone unlawfully present and arrested for serious offenses is released from immigration custody before removal.
• Supporters may argue it strengthens public safety by ensuring DHS keeps custody of individuals who could be removed.
• Requiring a 90‑day deadline for removal proceedings could be seen as speeding up immigration enforcement and reducing lengthy cases.

Opponents' View#

• One concern is that the bill requires continued immigration detention for people who are not convicted of the crime they were arrested for. This raises questions about detention before final criminal or immigration adjudication.
• It is unclear whether the 90‑day deadline pauses while the individual is in criminal custody. The bill does not explain how the clock interacts with periods when the person is held by criminal authorities.
• Faster removal deadlines may strain immigration courts and legal representation, possibly reducing the time available to prepare cases.
• The shift of custody authority to DHS changes roles and responsibilities; the bill does not detail how DHS will handle the added operational workload or oversight.