Keep Our Communities Safe Act of 2026

The "Keep Our Communities Safe Act of 2026" significantly amends the Immigration and Nationality Act, primarily by transferring authority from the Attorney General to the Secretary of Homeland Security regarding alien detention and removal. It expands the government's ability to detain non-citizens during removal proceedings, allowing for detention without limitation until a final order of removal is issued. For certain categories of non-citizens, such as those with aggravated felony convictions, detention is mandatory , and their eligibility for release on bond is severely restricted or eliminated. The bill significantly alters post-removal order detention by allowing the 90-day removal period to be suspended , leading to continued detention, especially if the non-citizen fails to cooperate with removal efforts. Beyond this period, the Secretary of Homeland Security can extend detention indefinitely if there is a significant likelihood of future removal, if the non-citizen is uncooperative, or if they are certified as a threat to national security or public safety. Non-citizens whose detention is extended under these provisions are generally denied the right to seek release on bond, and administrative review is limited.