Senate Republicans are taking steps to amend an immigration regulation they believe has been misused under the Biden administration. The initiative, spearheaded by Senator Katie Britt from Alabama, seeks to prevent detained undocumented immigrants from being released back into the U.S. if their home countries refuse to accept their return.
Britt’s proposed legislation, known as the Keeping Our Communities Safe Act, intends to address a loophole that emerged in 2001. A Supreme Court ruling at that time allowed the release of illegal immigrants from detention after six months if no country consented to their deportation.
Ultimately, we want to create pathways for these people to go back to the country they came from,” Britt stated. “But just because we can’t get a country to comply does not mean that person should get to roam free in the United States of America.
Britt emphasizes that the loophole was heavily used during the Biden administration. Her legislation aims to ensure stricter enforcement of immigration rules by closing this gap.
For more than two decades, the 2001 court decision restricted the federal government’s capacity to keep illegal immigrants detained beyond a six-month timeframe without promising the likelihood of their removal. If no evidence of probable removal exists, the detainee must be freed under supervision.
Britt’s bill aims to amend sections of the Immigration and Nationality Act, first established in the 1950s. It seeks to broaden the Department of Homeland Security’s authority over the detention of criminal aliens, restricting the issuance of bonds unless clear evidence is provided that an undocumented immigrant is not a flight risk or a danger to others.
Additionally, the bill allows for detention extensions in scenarios where the individual poses a national security threat or has committed severe crimes.
This legislation has been under review in Congress since 2011. Britt continues her efforts to pass it despite earlier rejections during the Biden administration.
The bill has gathered support from 11 Senate Republicans, including Senators Tom Cotton, R-Ark., Tommy Tuberville, R-Ala., Kevin Cramer, R-N.D., and others.
“Joe Biden and Kamala Harris allowed millions of illegals to invade our country — and now law-abiding Americans are paying the price,” Tuberville expressed in a statement. “We need to do everything possible to deport every single one of these criminals.”
Alex Miller reports on the U.S. Senate for Fox News Digital.

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