New Federal Bill Presumes Detention for Non-Citizens Pending Trial, Bans Use of Family Ties for Release

The “Flight Risk Reduction Act” is short, but its impact on the federal criminal justice system for non-citizens is massive. This legislation amends current federal law (18 U.S.C. 3142) to significantly tighten the rules for pretrial release for anyone facing federal charges who is not a U.S. citizen or a lawful permanent resident (LPR).

The New Default Setting: Detention

Currently, when a federal defendant is arrested, a judge decides if they should be released before trial. This bill fundamentally changes that process for non-citizens who aren't LPRs. First, it mandates a detention hearing for this group—meaning the court must hold a hearing to decide on release (Sec. 2).

More critically, the bill establishes a new legal assumption: the court must now presume that no conditions can assure the person’s appearance in court or the safety of the community (18 U.S.C. 3142(e)(4)). This is a huge shift. Instead of the prosecution having to prove why someone should be detained, the defendant—who is still presumed innocent—must now prove why they shouldn’t be detained. This means the burden of proof is flipped, making detention the default position based solely on immigration status.

Banning the 'Community Tie' Defense

When a judge decides whether to release a defendant, they typically look at their ties to the community—things like steady employment, family living nearby, or deep roots that make them less likely to flee. This bill explicitly removes the two most common and effective arguments for release for this group. The law specifically states that a defendant cannot use their ties to family or employment in the United States as evidence to overcome the presumption of detention (Sec. 2).

Think about the real-world impact here: if you’re a non-citizen on a work visa, or perhaps someone who has lived here for years with a spouse and kids who are citizens, but you aren't an LPR, you face federal charges. Even if you have a job, own property, and have zero criminal history, those facts can no longer be used to argue for your release. This provision strips the court of its ability to consider crucial mitigating factors, potentially leading to the pretrial detention of people who pose no actual flight or safety risk.

What This Means for Everyday Life

For the affected group—non-citizens who are not LPRs—this bill dramatically increases the likelihood of being held in jail until trial. Pretrial detention makes it significantly harder to prepare a defense, maintain employment, or support a family. If you’re detained for months or even years while awaiting trial, the damage to your life—your job, your housing, and your family stability—is done, regardless of the eventual outcome of the case. By making detention the starting point and restricting the evidence defendants can use, the bill creates a much tougher, status-based standard for pretrial liberty than exists for U.S. citizens or LPRs facing the exact same federal charges.