Bill Overview
Title: Keep Our Communities Safe Act of 2022
Description: This bill revises provisions related to the authority of the Department of Homeland Security (DHS) to detain aliens. DHS may detain an alien pending a removal decision for any length of time until the alien is subject to a final removal order. DHS must detain certain aliens, such as those convicted of an aggravated felony, beyond certain time limits for detaining an alien. The authority of the Department of Justice to review DHS custody decisions concerning an alien awaiting a removal decision shall be limited to whether the alien may be detained, released on bond, or released with no bond. DHS may release such an alien on bond only if the alien is not a flight risk or risk to the community. For an alien subject to a removal order, DHS may extend the 90-day removal period (generally the window in which DHS has to remove an alien after a final order of removal) in certain instances, such as when the alien's removal is stayed during an appeal. DHS may continue to detain an alien beyond the removal period and any removal period extensions. DHS shall periodically certify a justification for detaining an alien beyond the removal period. DHS shall establish a detention review process for aliens who (1) have made all reasonable efforts to comply with a removal order, and (2) are not subject to mandatory detention. DHS shall use the review process to determine whether an alien should be detained or released with conditions.
Sponsors: Sen. Inhofe, James M. [R-OK]
Target Audience
Population: People potentially subject to extended detention under immigration laws
Estimated Size: 500000
- The bill affects the detention processes related to aliens awaiting a removal decision by the DHS and DOJ.
- Aliens, particularly those who have been convicted of aggravated felonies, would be impacted due to potential indefinite detention.
- The bill grants DHS extended authority to detain aliens beyond the 90-day removal period, which directly impacts those who are subject to removal orders.
- The U.S. immigrant population, especially those facing deportation, would be specifically impacted by this bill.
Reasoning
- The Keep Our Communities Safe Act of 2022 primarily affects undocumented immigrants who may be subject to detention and potential deportation by the DHS.
- A significant number of immigrants in the U.S. could be affected, particularly those with criminal records or who are caught in the immigration enforcement system.
- For the general population, direct impacts are more limited, but there are indirect effects on communities with significant immigrant populations.
- Given the large immigrant population in the U.S., we should ensure diversity in the simulated interviews in terms of immigration status, legal backgrounds, and regional differences.
Simulated Interviews
Construction Worker (Los Angeles, CA)
Age: 45 | Gender: male
Wellbeing Before Policy: 5
Duration of Impact: 5.0 years
Commonness: 8/20
Statement of Opinion:
- I'm concerned that I could be detained for a long time without knowing what will happen to me.
- My family depends on my income, and any detention would jeopardize our survival here.
Wellbeing Over Time (With vs Without Policy)
| Year | With Policy | Without Policy |
|---|---|---|
| Year 1 | 3 | 5 |
| Year 2 | 3 | 5 |
| Year 3 | 3 | 5 |
| Year 5 | 2 | 5 |
| Year 10 | 2 | 5 |
| Year 20 | 2 | 5 |
Nurse (Houston, TX)
Age: 28 | Gender: female
Wellbeing Before Policy: 6
Duration of Impact: 3.0 years
Commonness: 6/20
Statement of Opinion:
- This policy makes my work more difficult as I see families being separated. It's traumatic for communities.
- While I am not directly affected, the emotional burden seeing my community in distress is significant.
Wellbeing Over Time (With vs Without Policy)
| Year | With Policy | Without Policy |
|---|---|---|
| Year 1 | 5 | 6 |
| Year 2 | 5 | 6 |
| Year 3 | 5 | 6 |
| Year 5 | 5 | 6 |
| Year 10 | 5 | 6 |
| Year 20 | 5 | 6 |
Taxi Driver (New York, NY)
Age: 32 | Gender: male
Wellbeing Before Policy: 4
Duration of Impact: 10.0 years
Commonness: 7/20
Statement of Opinion:
- DHS could detain me again, and this time, it could be for even longer.
- The threat of being detained is always over my head.
Wellbeing Over Time (With vs Without Policy)
| Year | With Policy | Without Policy |
|---|---|---|
| Year 1 | 3 | 4 |
| Year 2 | 3 | 4 |
| Year 3 | 2 | 4 |
| Year 5 | 2 | 4 |
| Year 10 | 2 | 4 |
| Year 20 | 2 | 4 |
Community Organizer (Chicago, IL)
Age: 57 | Gender: female
Wellbeing Before Policy: 6
Duration of Impact: 3.0 years
Commonness: 5/20
Statement of Opinion:
- I worry about the increase in detentions and how it disrupts communities.
- My work is centered around protecting immigrants, and this makes it even harder.
Wellbeing Over Time (With vs Without Policy)
| Year | With Policy | Without Policy |
|---|---|---|
| Year 1 | 5 | 6 |
| Year 2 | 5 | 6 |
| Year 3 | 5 | 6 |
| Year 5 | 5 | 6 |
| Year 10 | 5 | 6 |
| Year 20 | 5 | 6 |
Retail Worker (Phoenix, AZ)
Age: 40 | Gender: male
Wellbeing Before Policy: 6
Duration of Impact: 4.0 years
Commonness: 8/20
Statement of Opinion:
- I fear for my spouse who could be detained indefinitely.
- This policy adds stress to our daily lives and our relationship.
Wellbeing Over Time (With vs Without Policy)
| Year | With Policy | Without Policy |
|---|---|---|
| Year 1 | 4 | 6 |
| Year 2 | 4 | 6 |
| Year 3 | 3 | 6 |
| Year 5 | 3 | 6 |
| Year 10 | 3 | 6 |
| Year 20 | 3 | 6 |
Student (Miami, FL)
Age: 23 | Gender: female
Wellbeing Before Policy: 7
Duration of Impact: 5.0 years
Commonness: 6/20
Statement of Opinion:
- Although I'm protected under DACA, my family members aren't and this worries me a lot.
- The uncertainty of not knowing our family's future affects my studies.
Wellbeing Over Time (With vs Without Policy)
| Year | With Policy | Without Policy |
|---|---|---|
| Year 1 | 6 | 7 |
| Year 2 | 6 | 7 |
| Year 3 | 5 | 7 |
| Year 5 | 5 | 7 |
| Year 10 | 5 | 7 |
| Year 20 | 5 | 7 |
IT Professional (Atlanta, GA)
Age: 30 | Gender: male
Wellbeing Before Policy: 8
Duration of Impact: 1.0 years
Commonness: 10/20
Statement of Opinion:
- It feels unjust to see increased detentions, especially when people have been here for years contributing to society.
- I'm worried about what this policy means for our values as a society.
Wellbeing Over Time (With vs Without Policy)
| Year | With Policy | Without Policy |
|---|---|---|
| Year 1 | 7 | 8 |
| Year 2 | 7 | 8 |
| Year 3 | 7 | 8 |
| Year 5 | 7 | 8 |
| Year 10 | 7 | 8 |
| Year 20 | 7 | 8 |
Homemaker (San Diego, CA)
Age: 50 | Gender: female
Wellbeing Before Policy: 4
Duration of Impact: 10.0 years
Commonness: 7/20
Statement of Opinion:
- Our family feels that our future is out of our control and at any moment we could be separated.
- The constant fear of deportation affects our wellbeing.
Wellbeing Over Time (With vs Without Policy)
| Year | With Policy | Without Policy |
|---|---|---|
| Year 1 | 2 | 4 |
| Year 2 | 2 | 4 |
| Year 3 | 2 | 4 |
| Year 5 | 2 | 4 |
| Year 10 | 2 | 4 |
| Year 20 | 2 | 4 |
Small Business Owner (Seattle, WA)
Age: 37 | Gender: male
Wellbeing Before Policy: 7
Duration of Impact: 3.0 years
Commonness: 8/20
Statement of Opinion:
- This policy could disrupt my business if workers are detained.
- The uncertainty makes planning for the future difficult.
Wellbeing Over Time (With vs Without Policy)
| Year | With Policy | Without Policy |
|---|---|---|
| Year 1 | 6 | 7 |
| Year 2 | 6 | 7 |
| Year 3 | 6 | 7 |
| Year 5 | 6 | 7 |
| Year 10 | 6 | 7 |
| Year 20 | 6 | 7 |
Retired (Detroit, MI)
Age: 65 | Gender: male
Wellbeing Before Policy: 6
Duration of Impact: 2.0 years
Commonness: 9/20
Statement of Opinion:
- Having worked in border patrol, I understand the need for security, but indefinite detention seems excessive.
- I worry about the fairness and human rights aspects of this policy.
Wellbeing Over Time (With vs Without Policy)
| Year | With Policy | Without Policy |
|---|---|---|
| Year 1 | 6 | 6 |
| Year 2 | 6 | 6 |
| Year 3 | 6 | 6 |
| Year 5 | 6 | 6 |
| Year 10 | 6 | 6 |
| Year 20 | 6 | 6 |
Cost Estimates
Year 1: $800000000 (Low: $600000000, High: $1200000000)
Year 2: $850000000 (Low: $650000000, High: $1250000000)
Year 3: $900000000 (Low: $700000000, High: $1300000000)
Year 5: $950000000 (Low: $750000000, High: $1350000000)
Year 10: $1000000000 (Low: $800000000, High: $1400000000)
Year 100: $1100000000 (Low: $850000000, High: $1500000000)
Key Considerations
- The extended detention could raise ethical considerations about human rights and the treatment of detained individuals.
- The financial implications for DHS budgets are significant, requiring potential reallocations from existing programs or additional funding.
- State and local jurisdictions could see impacts from changes in immigrant populations and associated economic activity.