S. 5560: Immigration Warrants Reform Act of 2026

This bill would change federal immigration arrest and detention rules to require more specific documentation and review before a noncitizen can be arrested or held, while also giving immigration officers clearer authority to make some arrests without a warrant in limited circumstances.

What changes it would make

• Updates the wording of immigration law by replacing references to “alien” with “noncitizen” in several sections.

• Narrows one category of border-related detention authority by clarifying that certain inspection and detention rules apply to applicants for admission at the border who were not paroled.

• Requires more detailed administrative warrants for arresting a noncitizen. These warrants would need to:

  • identify individualized probable cause that the person is removable;
  • be signed by a supervisory DHS officer at least 24 hours before execution;
  • be issued with, or based on, an existing notice to appear; and
  • be served on the person at the time of arrest along with the notice to appear.

• Allows detention after such a warrant is issued while the government decides whether the person will be removed.

• Allows DHS to release detained noncitizens on their own recognizance or under conditions meant to ensure court appearances and protect public safety.

• Creates periodic custody reviews every 60 days, which a detained noncitizen could request before an immigration judge or a federal district court.

• Puts the burden on DHS to prove by clear and convincing evidence that continued detention is justified because the person is a flight risk or a danger to the community.

• Allows DHS to revoke release and rearrest a person if there is probable cause to believe the person presents a danger to the community.

• Expands warrantless arrest authority in some cases for DHS officers, including:

  • arresting a person caught entering or trying to enter the U.S. outside a designated entry point;
  • arresting a person already in the U.S. without a warrant if the officer has probable cause to believe the person is removable, poses an imminent danger, and is likely to escape before a warrant can be obtained.

• Requires post-arrest documentation and fast judicial review for those warrantless arrests. The officer must submit a sworn statement within 12 hours, and a judge or federal court must review the arrest within 24 hours and order release if the legal requirements were not met and the person is not an imminent danger.

• Makes related technical and conforming edits to immigration law to reflect the new terms and procedures.

Relevant Companies

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