Bill > S3197

This bill modifies federal law regarding the detention of defendants pending trial by establishing a rebuttable presumption that non-U.S. citizens and non-lawful permanent residents pose a significant flight risk and danger to the community. Specifically, the bill amends Section 3142 of Title 18 of the United States Code to create a new basis for detention hearings when a defendant is not a U.S. citizen or lawful permanent resident. Under the proposed legislation, such defendants would be presumed to be a flight risk and a potential threat to community safety, and this presumption can only be rebutted by the defendant providing clear and convincing evidence. Importantly, the bill explicitly states that ties to family or employment in the United States cannot be used to challenge this presumption. This means that even if a non-citizen defendant has strong community connections, they would still face a higher bar for release before trial compared to U.S. citizens or lawful permanent residents. The bill aims to reduce potential flight risks by making it more difficult for non-citizens to be released pending trial.

Justice

https://www.congress.gov/bill/119th-congress/senate-bill/3197/all-info