US SB3197

Amends 18 U.S.C. § 3142 to create a rebuttable presumption that defendants who are not U.S. citizens or lawful permanent residents pose a danger to the community and serious flight risk for pretrial detention purposes

Requires non-citizen defendants to provide clear and convincing evidence to overcome the presumption favoring detention pending trial

Explicitly prohibits ties to family or employment in the United States from being used as grounds to rebut the detention presumption

Adds non-citizenship status as an independent basis for holding a pretrial detention hearing, separate from existing criteria based on offense type

Introduced November 19, 2025 by Senator Lee with 11 Republican cosponsors and referred to the Senate Judiciary Committee