Andy Biggs

“ The Secretary shall resume custody of the alien during any period pending the final disposition of any such proceedings that the alien is not in the custody of such appropriate authority. If the alien is not convicted of the offense for which the alien was arrested, the Secretary shall continue to detain the alien until removal proceedings are completed.”. ”

“ SEC. 2. MANDATORY DETENTION FOR CERTAIN ALIENS ARRESTED FOR THE COMMISSION OF CERTAIN OFFENSES. Section 236 (c) of the Immigration and Nationality Act (8 U.S.C. 1226 (c) (1) ) is amended— (1) in paragraph (1) — (A) in subparagraph (C) , by striking “or” at the end; (B) in subparagraph (D) , by adding “or” at the end; and (C) by inserting after subparagraph (D) the following: “ (E) is— “ (i) determined by the Secretary of Homeland Security to be unlawfully present in the United States ”