S. 5560: Immigration Warrants Reform Act of 2026

Immigration Warrants Reform Act of 2026

This bill:

• Strikes the statutory term "alien" across multiple provisions of the Immigration and Nationality Act and replaces it with "noncitizen";

• Restricts mandatory detention strictly to aliens applying for admission at the border who have not been paroled, thereby exempting illegal aliens caught in the interior and paroled aliens from mandatory inspection detention;

• Allows the Department of Homeland Security (DHS) to release detained aliens on their own recognizance and entitles detained aliens to a custody review before an immigration judge or federal district court every 60 days, where DHS bears the burden of proving by clear and convincing evidence that the alien is a flight risk or a danger to the community;

• Prohibits the administrative arrest of an alien unless the warrant documents individualized probable cause of removability, is signed by a DHS supervisor at least 24 hours before execution, and is issued with and served alongside a Notice to Appear;

• Requires probable cause of a danger to the community and a new administrative warrant meeting the 24-hour advance signature rule before DHS can revoke an alien's release and rearrest them; and

• Restricts warrantless interior arrests to instances where an officer has probable cause that an alien is removable, likely to escape, and poses an imminent danger to the community, while requiring a sworn probable cause statement within 12 hours and judicial review with in-person testimony within 24 hours of the arrest.