U.S. Senator Marsha Blackburn of Tennessee joined Senator Ted Budd of North Carolina and three other Republican senators in introducing the Detention Authority Clarification Act, which aims to amend the Immigration and Nationality Act to clarify that individuals who enter the United States illegally are subject to detention without bond pending removal. The announcement was made on May 21 in Nashville.
Blackburn said, “Illegal aliens who gained entry under Biden’s open border continue to endanger Americans’ lives and must be removed as swiftly as possible. The Detention Authority Clarification Act would ensure that these individuals must be detained without bond until they are promptly deported and are not allowed to evade the consequences of their crimes.”
Budd said, “We are a nation of laws, and those who break these laws by coming to our country illegally must be held accountable for their actions. President Trump has worked hard to reaffirm the integrity of our nation’s immigration system, yet hundreds of federal district court judges are allowing illegal aliens to avoid mandatory detention based on a supposed loophole. The Detention Authority Clarification Act would eliminate any doubt by reaffirming mandatory detention for those who have violated U.S. law by entering the country illegally.”
The legislation is also co-sponsored by Senators John Cornyn of Texas, Tim Scott of South Carolina, and Lindsey Graham of South Carolina. According to information provided with the announcement, previous administrations permitted some illegal entrants to be released on bond; however, under President Trump’s administration such individuals were detained in accordance with congressional intent outlined in section 235 of the Immigration and Nationality Act.
The bill responds to lawsuits filed by thousands of detained individuals challenging this interpretation in federal courts across the country. Split decisions among circuit court panels have led lawmakers like Blackburn and Budd to seek legislative clarification regarding mandatory detention requirements.
Specifically, if enacted, the Detention Authority Clarification Act would clarify section 235 so that all persons entering illegally face mandatory detention and harmonize related language in section 236. The measure is supported by the Immigration Accountability Project.
