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H.R. 5750 (107th): Immigration Bond Fairness Act of 2002

The text of the bill below is as of Nov 14, 2002 (Introduced).



2d Session

H. R. 5750


November 14, 2002

introduced the following bill; which was referred to the Committee on Judiciary


To amend the Immigration and Nationality Act to eliminate the restriction on judicial review of detention and release determinations and to provide a right to a bond hearing before an immigration judge to all aliens in removal and summary removal proceedings.


Short title

This Act may be cited as the .


Rights relating to detention and release


Eliminating limitation on judicial review

Section 236 of the Immigration and Nationality Act (8 U.S.C. 1226) is amended by striking subsection (e).


Right to immigration bond hearing

Such section 236 is further amended by adding at the end the following new subsection:


Immigration bond hearings


Right to hearing

Any alien in removal or summary removal proceedings (including an inspection under section 235(b)(1)(A)), whether charged as inadmissible or deportable, shall have the right to a bond hearing before an immigration judge on the alien’s continued detention by the Attorney General.


Criteria in hearing

The criteria for such a bond hearing shall be governed by principles that allow for bond except in circumstances where—


the alien is a danger to society;


the alien is a threat to national security; or


the alien is likely to abscond and no other measures would assure the alien’s appearance.


Limitation on automatic stay

The Attorney General may not, by regulation or otherwise, obtain an automatic stay of an alien’s release from detention where an immigration judge has issued a decision providing for release.



Conforming amendment

Section 235(b)(1)(A)(i) of such Act (8 U.S.C. 1225(b)(1)(A)(i)) is amended by inserting subject to section 236(g), after 212(a)(7),.


Effective date

The amendments made by this section shall take effect on the date of the enactment of this Act and the amendment made by subsection (b) shall apply to all aliens in removal or summary removal proceedings who are in detention on or after such date.