May 23, 2026 - WASHINGTON — U.S. Senators Tim Scott (R-S.C.) and Ted Budd (R-N.C.) introduced the Detention Authority Clarification Act this week, which would amend the Immigration and Nationality Act (INA) to make to make Congress’ intent unambiguous that illegal aliens be subject to detention without bond pending removal from the United States. This is in response to split decisions by federal courts across the country about what should already be clear in section 235 of the INA—all who have entered the United States illegally are subject to mandatory detention.

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U.S. Senators John Cornyn (R-Tex.), Marsha Blackburn (R-Tenn.), and Lindsey Graham (R-S.C.) joined in introducing the Detention Authority Clarification Act.

“Illegal immigrants who break our laws must be detained while they await deportation,” said Sen. Scott.“The Detention Authority Clarification Act would make sure that no one can enter our country illegally and evade removal. Illegal immigrants must be detained and deported promptly. This is a nation of laws, and breaking the law has consequences.”

“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,” said Sen. Budd.

“Aliens who enter our country illegally and threaten American lives must face mandatory detention and should not be able to seek bond to be released into our communities,” said Sen. Cornyn.“This legislation would clarify current law to stop woke judges from allowing illegal aliens to roam American streets and commit further crimes while they await deportation from the United States.”

“Illegal aliens who gained entry under Biden’s open border continue to endanger Americans’ lives and must be removed as swiftly as possible,” said Sen. Blackburn. “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.”

“During the four years under Biden, weak and ineffective enforcement of our nation’s immigration laws created an opportunity for millions of dangerous illegal aliens to pour into our country. Instead of detaining these unvetted and unauthorized individuals, the Biden Administration let these lawbreakers walk free, many of whom went on to prey on innocent Americans, like Laken Riley. I am pleased to join Senator Budd and my colleagues in introducing the Detention Authority Clarification Act to ensure that when illegal immigrants break into our country, they remain in immigration detention until they are deported. This legislation will keep Americans safe and end the cycle of catch and release once and for all,” said Sen. Graham.

The Detention Authority Clarification Act is supported by the Immigration Accountability Project (IAP).

Background:

The Immigration and Nationality Act, as amended, requires the detention of illegal aliens. Previous administrations allowed these illegal aliens to be released on bond. However, the Trump administration now detains these illegal aliens in compliance with the statute and with Congress’ intent. Thousands of detained, illegal aliens have filed lawsuits in federal courts challenging the Trump administration’s interpretation of the INA, and hundreds of federal district judges have granted their request for release. Split panels of circuit court judges on the federal courts of appeals have sided with and against the Trump administration, and one such panel of judges deadlocked entirely on this question.

Specifically, section 235 of the INA, as amended by the Illegal Immigration Reform and Immigrant Responsibility Act (IIRIRA), provides that an alien who enters the U.S., including those who enter illegally, is deemed an “applicant for admission” and is to be subject to detention until the alien is lawfully admitted to the U.S. or removed from the U.S. in the case of an illegal alien.

Detention Authority Clarification Act: 

Clarifies the intent of section 235 of the INA to eliminate alleged ambiguity by stating that all who have entered the United States illegally are subject to mandatory detention.

Requires mandatory detention for illegal aliens in section 236 of the INA to harmonize the language of sections 235 and 236.

Read the full bill text HERE. 

Source: Senator Tim Scott