S. 149 — Public Safety First Act

This section expands mandatory detention of certain criminal aliens under INA sec. 236(c)(1) by adding a new category (E)—aliens inadmissible under INA sec. 212(a)(6)(A) (fraud/misrepresentation), (6)(C) (document fraud), or (7) (false citizenship claim) who are charged with, arrested for, convicted of, admit having committed, or admit committing burglary, theft, larceny, shoplifting, assault of a law enforcement officer, or a crime resulting in death or serious bodily injury. (As background, INA sec. 236(c) requires DHS to take such aliens into custody upon their release from criminal incarceration, with release allowed only for witness protection under 18 U.S.C. sec. 3521.) It further (1) defines those offenses using meanings in the jurisdiction where the acts occurred; (2) requires DHS to issue detainers for aliens described in new subparagraph (E); and (3) directs DHS to effectively and expeditiously take custody of such aliens if not otherwise detained by federal, state, or local officials. (Thus, redesignates prior release provision as new paragraph (4).)