§1368 — Title 8 Aliens and Nationality | U.S. Code

Summary

If money is available, the Attorney General must increase Immigration and Naturalization Service detention capacity to at least 9,000 beds by the end of fiscal year 1997. The Attorney General must also send a report to the House and Senate Judiciary Committees no later than 6 months after September 30, 1996, and every 6 months after that. Each report must estimate how much detention space will be needed in the current and next fiscal year to hold (1) people required to be detained under certain immigration rules (sections 1226(c) and 1231(a)), (2) people in specific exclusion or deportation proceedings (sections 1228, 1225(b)(2)(A), and 1229a), and (3) other inadmissible or deportable people based on the Attorney General’s priorities. The first report must also give, for each of the three fiscal years before the report date, counts of criminal aliens who were released from INS custody or not taken into custody after finishing prison (with a separate count for those convicted of an aggravated felony) and counts of inadmissible or deportable people released due to lack of space despite reasons to detain them. Later reports must give those same estimates for the six months just before each report.

Title 8, §1368

Aliens and Nationality — Source: USLM XML via OLRC

(a)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)(1)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)all aliens subject to detention under section 1226(c) of this title and section 1231(a) of this title;

(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)(A)(i)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)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)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)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.

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.

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

Summary

Title 8, §1368

Notes & Related Subsidiaries

Editorial Notes

Amendments

Statutory Notes and Related Subsidiaries

Effective Date

Transfer of Functions

Transfer of Functions

Citations & Metadata