; or (ii) the alien is a threat to another person or the community. (C) Pending criminal charge A pending criminal charge against an alien may not be the sole factor to justify the continued detention of the alien. (D) Evidence of identity The inability of an alien to reasonably provide government-issued evidence of identity, including the inability of the alien to contact the government of the country of nationality of the alien so as not to alert such government of the whereabouts of the alien, may not be the sole factor to justify the continued detention of the alien. (E) Pre-existing community ties A lack of pre-existing community ties in the United States shall not preclude the release of an alien. (b) Least restrictive conditions required (1) In general If the Secretary or an immigration judge determines, pursuant to a hearing under this section, that the release of an alien will not reasonably ensure the appearance of the alien as required or will endanger the safety of any other person or the community, the Secretary or the immigration judge shall order the least restrictive conditions or combination of conditions that the Secretary or judge determines will reasonably ensure the appearance of the alien and the safety of any other person and the community, which may include— (A) release on recognizance; (B) secured or unsecured release on bond