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Title 8, Aliens and NationalityRelease 119-110

§1368 Increase in Ins Detention Facilities; Report on Detention Space

Title 8 › CHAPTER 12 — IMMIGRATION AND NATIONALITY › SUBCHAPTER II — IMMIGRATION › Part IX — Miscellaneous › § 1368

Last updated Sep 22, 2026|Official source

Summary

The Attorney General must increase Immigration and Naturalization Service detention capacity to at least 9,000 beds before the end of fiscal year 1997, if money is available. Within 6 months after September 30, 1996, and every 6 months after that, the Attorney General must send a report to the House and Senate Judiciary Committees. Each report must estimate how much detention space will be needed in the current and next fiscal year to hold aliens who must be detained under certain immigration laws (including those covered by sections 1226(c), 1231(a), 1228, 1225(b)(2)(A), and 1229a) and other deportable or inadmissible aliens under the Attorney General’s priorities. The first report must also estimate, for each of the three fiscal years before the report, how many criminal aliens were released instead of detained (including a separate count for those convicted of aggravated felonies) and how many inadmissible or deportable aliens were released because there was no detention space. Later reports must give the same estimates for the six months before the report.

Full Legal Text

Title 8, §1368

Aliens and Nationality, Source: USLM XML via OLRC

(a)Increase in detention facilities
Subject to the availability of appropriations, the Attorney General shall provide for an increase in the detention facilities of the Immigration and Naturalization Service to at least 9,000 beds before the end of fiscal year 1997.
(b)Report on detention space
(1)In general
Not later than 6 months after September 30, 1996, and every 6 months thereafter, the Attorney General shall submit a report to the Committees on the Judiciary of the House of Representatives and of the Senate estimating the amount of detention space that will be required, during the fiscal year in which the report is submitted and the succeeding fiscal year, to detain— (A)
(B)all inadmissible or deportable aliens subject to proceedings under section 1228 of this title or section 1225(b)(2)(A) or 1229a of this title; and
(C)other inadmissible or deportable aliens in accordance with the priorities established by the Attorney General.
(2)Estimate of number of aliens released into the community
(A)Criminal aliens
(i)In general
The first report submitted under paragraph (1) shall include an estimate of the number of criminal aliens who, in each of the 3 fiscal years concluded prior to the date of the report—
(I)were released from detention facilities of the Immigration and Naturalization Service (whether operated directly by the Service or through contract with other persons or agencies); or
(II)were not taken into custody or detention by the Service upon completion of their incarceration.
(ii)Aliens convicted of aggravated felonies
The estimate under clause (i) shall estimate separately, with respect to each year described in such clause, the number of criminal aliens described in such clause who were convicted of an aggravated felony.
(B)All inadmissible or deportable aliens
The first report submitted under paragraph (1) shall also estimate the number of inadmissible or deportable aliens who were released into the community due to a lack of detention facilities in each of the 3 fiscal years concluded prior to the date of the report notwithstanding circumstances that the Attorney General believed justified detention (for example, a significant probability that the released alien would not appear, as agreed, at subsequent exclusion or deportation proceedings).
(C)Subsequent reports
Each report under paragraph (1) following the first such report shall include the estimates under subparagraphs (A) and (B), made with respect to the 6-month period immediately preceding the date of the submission of the report.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Codification Section was enacted as part of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, and also as part of the Omnibus Consolidated Appropriations Act, 1997, and not as part of the Immigration and Nationality Act which comprises this chapter.

Amendments

1996—Subsec. (b). Pub. L. 104–208, § 308(g)(10)(G), substituted “inadmissible” for “excludable” in pars. (1)(B), (C) and (2)(B).

Statutory Notes and Related Subsidiaries

Effective Date

of 1996 AmendmentAmendment by section 308(g)(10)(G) of Pub. L. 104–208 effective, with certain transitional provisions, on the first day of the first month beginning more than 180 days after Sept. 30, 1996, see section 309 of Pub. L. 104–208, set out as a note under section 1101 of this title. Abolition of Immigration and Naturalization Service and

Transfer of Functions

For abolition of Immigration and Naturalization Service,

Transfer of Functions

, and treatment of related references, see note set out under section 1551 of this title.

Reference

Citations & Metadata

Citation

8 U.S.C. § 1368

Title 8, Aliens and Nationality

Last Updated

Sep 22, 2026

Release point: 119-110