Blackburn, Hagerty, Colleagues Introduce Legislation to Force Biden Admin to Combat Illegal Immigration

May 23, 2024

WASHINGTON, D.C.– U.S. Senators Marsha Blackburn (R-Tenn.), Bill Hagerty (R-Tenn.), and their colleagues introduced the Reshape Alternatives to Detention (ATD) Act, legislation to stop the Biden Administration’s abuse of ATD, in part by requiring the Department of Homeland Security (DHS) to utilize every available detention bed before resorting to ATD, and ensuring that illegal aliens on the non-detained docket are enrolled in ATD and GPS monitoring for the duration of their immigration proceedings.

Instead of prioritizing the safety of Americans by requiring GPS monitoring of every illegal alien that cannot be detained in a custodial setting, President Joe Biden and Department of Homeland Security Secretary Alejandro Mayorkas are acting on the wishes of “Abolish Immigration and Customs Enforcement (ICE)” groups by trying to turn ATD into a social services program using the Case Management Pilot Program (CMPP) and Young Adult Case Management Program (YACMP).

“Since his first day in office, President Biden has refused to enforce the law by releasing millions of illegal immigrants – including those with terrorist ties – into our country,” said Senator Blackburn. “The Alternatives to Detention Program was not designed to allow illegal immigrants to roam freely across the country, and the Reshape ATD Act would end the Biden administration’s abuse of this program once and for all.”

“The Biden Administration has allowed a tidal wave of illegal aliens to come across our southern border, which has created an unprecedented national security and humanitarian crisis,” said Senator Hagerty. “Yet rather than use all available tools to address the issue, Biden’s DHS is refusing to enforce the laws already on the books and making clear efforts to dismantle detention and allow illegal immigrants to roam free throughout the U.S. by abusing ATD. I’m pleased to introduce legislation to require the Administration to combat record-high illegal immigration and help secure our southern border.”

Representative Byron Donalds (R-Fla.) has introduced companion legislation in the U.S. House of Representatives.


  • The Biden administration allows illegal aliens to remain in the U.S. after only a short period of monitoring by DHS. 
  • Mohammad Kharwin, an Afghan national on the terrorist watch list, exemplifies the dangers of this policy. Kharwin freely roamed the U.S. without monitoring for 10 months after a little over two weeks of GPS monitoring under ATD. 
  • As of January 27, 2024, the ATD Program enrolled only 189,780 individuals. Currently, 36,931 individuals are occupying ICE detention beds, while the non-detained docket has swelled to nearly seven million under the Biden administration.


  • Terminate and defund President Biden’s CMPP & the YACMP—all funding will be transferred for additional detention beds;
  • Require the DHS Secretary to fill all available detention beds before allowing using ATD;
  • Reaffirm that ICE has complete authority over aliens on the non-detained docket (including those enrolled in ATD)—without interference from DHS’s Office for Civil Rights and Civil Liberties;
  • Require all Intensive Supervision Appearance Program (ISAP) participants be tracked via GPS during the individual’s entire immigration proceeding;
  • Make the FERM program mandatory for all family units that cross into the United States illegally;
  • Require public notice & notification to local law enforcement if an alien absconds from ATD;
  • Prohibit DHS from placing an alien on ATD if they plan to move to a sanctuary jurisdiction;
  • Require all ISAP participants to “check in” with the DHS Secretary, or face immediate deportation ad infinitum; and
  • Require that individuals who seek to be enrolled in ATD submit biometric information in order to participate.


  • Senators Ted Cruz (R-Texas), Steve Daines (R-Mont.), Roger Marshall (R-Kan.), Rick Scott (R-Fla.), and JD Vance (R-Ohio) are co-sponsoring the legislation.

The full text of the bill is here.