U.S. Senator Katie Britt Leads 12 Republican Colleagues in Introducing Legislation to Close Legal Loophole Requiring Release of Aliens from Immigration Detention

WASHINGTON, D.C. — U.S. Senator Katie Britt (R-Ala.) today led 12 of her Republican colleagues in introducing the Keep Our Communities Safe Act of 2026 . The legislation would close a legal loophole created by the United States Supreme Court’s 2001 ruling in Zadvydas v. Davis , which generally requires the release of aliens from immigration detention into American communities after six months if no country has accepted them for deportation. “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,” said Senator Britt . “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.” The bill would amend Section 236 of the Immigration and Nationality Act (INA), which governs the apprehension and detention of aliens, to expand the Department of Homeland Security’s (DHS) authority to detain criminal aliens, deny bond to criminal aliens, and generally limit the availability of bond unless an alien can establish by clear and convincing evidence that they’re not a flight risk or a risk to another person or the community. It would also amend Section 241 of the INA, which governs the removal of aliens, to allow for extensions of detention in a number of cases, including in cases where an alien is a threat to national security or has committed an aggravated felony or crime of violence. You can view the full bill text here , more details on the bill here , and Fox News coverage can be found here . Senator Britt previously introduced the Keep Our Communities Safe Act in the 118th Congress, and versions of the bill have been introduced in the House or Senate repeatedly since 2011. The 2026 version includes several updates to the legislative text. Senators Ted Budd (R-N.C.), Tom Cotton (R-Ark.), Kevin Cramer (R-N.D.), Mike Crapo (R-Idaho), Ted Cruz (R-Texas), 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.) are cosponsors of this legislation. “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,” said Senator Fischer. “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,” said Senator Hyde-Smith. “Joe Biden and Kamala Harris allowed millions of illegals to INVADE our country—and now law-abiding Americans are paying the price,” said Senator Tuberville. “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.” “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,” said Senator Cotton. “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,” said Senator Cramer. “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.” “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,” said Senator Cruz. “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,” said Senator Marshall. “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.” “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,” said Senator Hoeven . Senator Britt has been a longtime leader on immigration policy and has introduced several pieces of immigration-related legislation throughout her time in the Senate. Notably, she was the Senate lead of the Laken Riley Act , the first bill signed into law by President Trump during his second term. This was the first major immigration enforcement and border security-related legislation passed since 1996. She also recently introduced the Mandatory E-Verify Act of 2026 , legislation that would permanently reauthorize the E-Verify program and require its use by all employers in the United States. ###