Sens. Cruz, Britt, Colleagues Introduce Bill to Strengthen Immigration Detention Laws

WASHINGTON, D.C. - U.S. Sen. Ted Cruz (R-Texas) joined Sen. Katie Britt (R-Ala.) and colleagues in introducing the Keep Our Communities Safe Act. The legislation would close a legal loophole that currently requires immigration authorities to release back into the United States illegal aliens who have been detained for six months but have been rejected from other countries.

Sen. Cruz said, "Illegal aliens who commit serious crimes should never be released back onto American streets for any reason, let alone because their home countries refuse to allow them to return. This legislation would close loopholes in federal law that allow dangerous criminal illegal aliens to walk free in communities across Texas and the nation, and I am proud to join Senator Britt in introducing it."

Sen. Britt said, "America is a nation of laws, and if you violate our laws and are subject to removal from the United States, you should remain in detention until the point of deportation. Zadvydas v. Davis created a legal loophole that forces the release of aliens into our communities after six months simply because no country has agreed to take them back. This bill would help to close that loophole once and for all."

U.S. Sens. Ted Budd (R-N.C.), Tom Cotton (R-Ark.), Kevin Cramer (R-N.D.), Mike Crapo (R-Idaho), Deb Fischer (R-Neb.), John Hoeven (R-N.D.), Cindy Hyde-Smith (R-Miss.), Roger Marshall (R-Kan.), Jim Risch (R-Idaho), Mike Rounds (R-S.D.), and Tommy Tuberville (R-Ala.) joined in co-sponsoring the legislation.

Sen. Fischer said, "Our Southern Border is more secure than it's been in decades, but we have an egregious legal loophole allowing the release of detained illegal immigrants into our country if no other country agrees to take them. For four years, the Biden administration willingly released millions of illegal immigrants into the United States, and Zadvydas v. Davis enables that practice regardless of who the president is. We need to get this fixed."

Sen. Hyde-Smith said, "I am again supporting this commonsense legislation because closing this 'catch and release' loophole will ultimately keep dangerous illegals detained instead of being freed to put law-abiding Americans, law enforcement, and our communities at risk. It's time to finally fix the current law that permits illegal aliens with criminal records to be released back into the United States after six months simply because no other country will accept them for deportation."

Sen. Tuberville said, "Joe Biden and Kamala Harris allowed millions of illegals to INVADE our country-and now law-abiding Americans are paying the price. We need to do everything we can to deport every single one of these criminals. I'm proud to cosponsor the Keep Our Communities Safe Act to close a legal loophole and allow these illegals to be detained and sent home for good."

Sen. Cotton said, "Violent illegal aliens are criminals who should be deported, not released from detention centers. Our bill will ensure illegal aliens stay in detention centers until their deportation date to keep Arkansans safe."

Sen. Cramer said, "People who are in the United States illegally and have removal orders shouldn't be released simply because their home country refuses to take them back. Unfortunately, that's exactly what existing law allows. Our bill closes this loophole and lets immigration officials keep these individuals in custody until they can be deported."

Sen. Marshall said, "The federal government's first responsibility is protecting the American people. Criminal illegal aliens who have been ordered removed should never be released into our communities because of a court-created loophole. I'm proud to stand with Senator Britt to close this loophole once and for all, secure our communities, and put the interests of American citizens ahead of those who have broken our laws."

Sen. Hoeven said, "The Keep Our Communities Safe Act of 2026 will help ensure that dangerous illegal immigrants remain in custody while their immigration proceedings are pending, strengthening public safety, supporting law enforcement and helping keep North Dakota families and communities across the country safe."

Read the bill text here.