RELEASE: Crapo Joins Britt in Introducing Legislation to Close Immigration Detention Loophole

FOR IMMEDIATE RELEASE
August 12, 2026

CONTACT:
Kyra Smith (Crapo)

Washington, D.C. – U.S. Senator Mike Crapo (R-Idaho) joined Senator Katie Britt (R-Alabama) in introducing legislation to close a legal loophole that generally requires the release of illegal aliens, including those with criminal records, from immigration detention into American communities after six months if no country has accepted them for deportation.

The Keep Our Communities Safe Act addresses the six-month legal loophole created by the U.S. Supreme Court’s 2001 Zadvydas v. Davis ruling. The legislation would amend Section 236 of the Immigration and Nationality Act (INA) to expand the authority of the U.S. Department of Homeland Security (DHS) to detain criminal aliens.

“Dangerous individuals should not be released into communities simply because their removal cannot be completed within an arbitrary timeframe,” said Crapo. “The Keep Our Communities Safe Act would close this legal loophole and ensure DHS has the tools needed to continue detaining individuals who pose a threat to public safety, national security or public health. This commonsense legislation will help protect Idaho families and communities.”

By amending Section 236 of the INA, which governs the apprehension and detention of aliens, the Keep Our Communities Safe Act would give DHS greater authority to detain criminal aliens, deny bond to criminal aliens and generally limit the availability of bond unless the detainee can establish by clear and convincing evidence that they are not a flight risk or a risk to another person or the community.

The bill would also amend Section 241 of the law, which governs the removal of aliens, to allow for extended detention in a number of circumstances, including when an illegal alien poses a threat to national security or has committed an aggravated felony or crime of violence.

In addition to Crapo and Britt, bill co-sponsors include Senators Jim Risch (R-Idaho), Tom Cotton (R-Arkansas), Tommy Tuberville (R-Alabama), Kevin Cramer (R-North Dakota), Ted Cruz (R-Texas), Deb Fischer (R-Nebraska), Roger Marshall (R-Kansas) and Mike Rounds (R-South Dakota).

About Mike Crapo

Senator Mike Crapo has represented Idaho in the Senate since 1999, following three terms in the U.S. House and eight years in the Idaho State Senate. A lifelong Idahoan, he currently serves as Chairman of the Senate Finance Committee.

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