I just called Tancredo's office and told them about this.
There is another thread about this. They have to sign a document waiving a hearing in order to be deported. Otherwise, there has to be a due process hearing and if there is no place to store them, you have to let them go.
There is nothing in that paragraph outrageous. They have to have due process because the law is paramount. If there is no place to put them pending due process, you have to let them go.
They promise to return for their hearing. If they don't, they will have committed a second crime and if caught again, they are in a different category and do not get released.
About the most you can do is build new housing facilities, which takes time and money. Otherwise, you catch, process, schedule for hearing, incarcerate if there is room, or release if there is not.
The employers arrested are not released. That part of this is the best of all the publicity.