; (B) may not release an individual with a final order of removal entered against him or her, after all appeals have been exhausted if the removal of such alien is reasonably foreseeable; and (C) may not use the results of any determination under this section as evidence in any underlying immigration proceeding. (2) Pending criminal charge or past convictions For purposes of paragraph (1)(A), the Secretary may not justify the continued detention of an individual solely based on the fact that the individual— (A) has a criminal charge pending against him or her; or (B) was convicted of a crime more than 5 years previously. (3) Reasonably foreseeable defined (A) In general For purposes of paragraph (1)(C), the removal of an alien is reasonably foreseeable if the Government— (i) has already obtained travel documents for the alien; or (ii) can demonstrate, by clear and convincing evidence, that such travel documents will likely be obtained within 10 days. (B) Exception For purposes of paragraph (1)(C), the removal of an alien is not reasonably foreseeable if such removal is not likely during the period of the national emergency related to a communicable disease due to— (i) the unavailability of transportation options to the country of removal; or (ii) the refusal of the country of removal to accept the repatriation of the alien during such period. (c) Report Not later than 180 days after the expiration of the national emergency related to a communicable disease, the Secretary of Homeland Security shall submit a report to Congress that documents— (1) the demographic data, including country of origin, race, gender, age, the status and basis of removal proceedings, and criminal history, of the individuals denied release pursuant to subsection (a)