H.R. 64 — Grant’s Law

This section expands mandatory custody requirements under INA §236(c)(1)—which requires detention of certain criminal and terrorist aliens pending a removal decision—to include any alien who (i) is determined by the Secretary of Homeland Security to be unlawfully present in the United States and (ii) is arrested for an offense covered in subparagraphs (A)–(D) (i.e., crimes of moral turpitude, aggravated felonies, drug offenses, domestic violence offenses, or terrorism-related grounds) where conviction would render the alien inadmissible under INA §212(a) or deportable under INA §237(a). It revises the release authority in paragraph (2) to the Secretary of Homeland Security (from the Attorney General) and adds an exception for aliens detained under new subparagraph (E), permitting release to the appropriate criminal authority for proceedings, requiring resumption of custody pending final disposition (if the alien is not held by that authority), and mandating continued detention until completion of removal proceedings if the alien is not convicted.

This section requires the Secretary of Homeland Security to complete removal proceedings within 90 days after detention for any alien held pursuant to INA §236(c)(1)(E) (mandatory detention of certain criminal aliens). (Thus, it accelerates adjudication for this subset of detained aliens otherwise subject to mandatory custody pending a final removal order.)