The statute itself says that the person must be kept in “custody,” but the BIA has interpreted that to mean “detention.” Matter of Aguilar-Aquino, 24 I&N Dec. 747, 751-53 (BIA 2009).Given that foundation, let me explain how Inhofe’s amendment, Senate Amendment 275 titled the “Keep Our Communities Safe Act of 2015,” would expand mandatory detention. First, many federal courts currently take the position that a person is subject to § 236(c) only if taken into ICE custody immediately upon release from criminal custody; the BIA, in contrast, says that link is not required.