§ 1231. — Detention and removal of aliens ordered removed.
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From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 8USC1231]
TITLE 8--ALIENS AND NATIONALITY
CHAPTER 12--IMMIGRATION AND NATIONALITY
SUBCHAPTER II--IMMIGRATION
Part IV--Inspection, Apprehension, Examination, Exclusion, and Removal
Sec. 1231. Detention and removal of aliens ordered removed
(a) Detention, release, and removal of aliens ordered removed
(1) Removal period
(A) In general
Except as otherwise provided in this section, when an alien
is ordered removed, the Attorney General shall remove the alien
from the United States within a period of 90 days (in this
section referred to as the ``removal period'').
(B) Beginning of period
The removal period begins on the latest of the following:
(i) The date the order of removal becomes
administratively final.
(ii) If the removal order is judicially reviewed and if
a court orders a stay of the removal of the alien, the date
of the court's final order.
(iii) If the alien is detained or confined (except under
an immigration process), the date the alien is released from
detention or confinement.
(C) Suspension of period
The removal period shall be extended beyond a period of 90
days and the alien may remain in detention during such extended
period if the alien fails or refuses to make timely application
in good faith for travel or other documents necessary to the
alien's departure or conspires or acts to prevent the alien's
removal subject to an order of removal.
(2) Detention
During the removal period, the Attorney General shall detain the
alien. Under no circumstance during the removal period shall the
Attorney General release an alien who has been found inadmissible
under section 1182(a)(2) or 1182(a)(3)(B) of this title or
deportable under section 1227(a)(2) or 1227(a)(4)(B) of this title.
(3) Supervision after 90-day period
If the alien does not leave or is not removed within the removal
period, the alien, pending removal, shall be subject to supervision
under regulations prescribed by the Attorney General. The
regulations shall include provisions requiring the alien--
(A) to appear before an immigration officer periodically for
identification;
(B) to submit, if necessary, to a medical and psychiatric
examination at the expense of the United States Government;
(C) to give information under oath about the alien's
nationality, circumstances, habits, associations, and
activities, and other information the Attorney General considers
appropriate; and
(D) to obey reasonable written restrictions on the alien's
conduct or activities that the Attorney General prescribes for
the alien.
(4) Aliens imprisoned, arrested, or on parole, supervised
release, or probation
(A) In general
Except as provided in section 259(a) \1\ of title 42 and
paragraph (2),\2\ the Attorney General may not remove an alien
who is sentenced to imprisonment until the alien is released
from imprisonment. Parole, supervised release, probation, or
possibility of arrest or further imprisonment is not a reason to
defer removal.
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\1\ See References in Text note below.
\2\ So in original. Probably should be ``subparagraph (B),''.
---------------------------------------------------------------------------
(B) Exception for removal of nonviolent offenders prior to
completion of sentence of imprisonment
The Attorney General is authorized to remove an alien in
accordance with applicable procedures under this chapter before
the alien has completed a sentence of imprisonment--
(i) in the case of an alien in the custody of the
Attorney General, if the Attorney General determines that
(I) the alien is confined pursuant to a final conviction for
a nonviolent offense (other than an offense related to
smuggling or harboring of aliens or an offense described in
section 1101(a)(43)(B), (C), (E), (I), or (L) of this title
\3\ and (II) the removal of the alien is appropriate and in
the best interest of the United States; or
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\3\ So in original. Probably should be followed by a closing
parenthesis.
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(ii) in the case of an alien in the custody of a State
(or a political subdivision of a State), if the chief State
official exercising authority with respect to the
incarceration of the alien determines that (I) the alien is
confined pursuant to a final conviction for a nonviolent
offense (other than an offense described in section
1101(a)(43)(C) or (E) of this title), (II) the removal is
appropriate and in the best interest of the State, and (III)
submits a written request to the Attorney General that such
alien be so removed.
(C) Notice
Any alien removed pursuant to this paragraph shall be
notified of the penalties under the laws of the United States
relating to the reentry of deported aliens, particularly the
expanded penalties for aliens removed under subparagraph (B).
(D) No private right
No cause or claim may be asserted under this paragraph
against any official of the United States or of any State to
compel the release, removal, or consideration for release or
removal of any alien.
(5) Reinstatement of removal orders against aliens illegally
reentering
If the Attorney General finds that an alien has reentered the
United States illegally after having been removed or having departed
voluntarily, under an order of removal, the prior order of removal
is reinstated from its original date and is not subject to being
reopened or reviewed, the alien is not eligible and may not apply
for any relief under this chapter, and the alien shall be removed
under the prior order at any time after the reentry.
(6) Inadmissible or criminal aliens
An alien ordered removed who is inadmissible under section 1182
of this title, removable under section 1227(a)(1)(C), 1227(a)(2), or
1227(a)(4) of this title or who has been determined by the Attorney
General to be a risk to the community or unlikely to comply with the
order of removal, may be detained beyond the removal period and, if
released, shall be subject to the terms of supervision in paragraph
(3).
(7) Employment authorization
No alien ordered removed shall be eligible to receive
authorization to be employed in the United States unless the
Attorney General makes a specific finding that--
(A) the alien cannot be removed due to the refusal of all
countries designated by the alien or under this section to
receive the alien, or
(B) the removal of the alien is otherwise impracticable or
contrary to the public interest.
(b) Countries to which aliens may be removed
(1) Aliens arriving at the United States
Subject to paragraph (3)--
(A) In general
Except as provided by subparagraphs (B) and (C), an alien
who arrives at the United States and with respect to whom
proceedings under section 1229a of this title were initiated at
the time of such alien's arrival shall be removed to the country
in which the alien boarded the vessel or aircraft on which the
alien arrived in the United States.
(B) Travel from contiguous territory
If the alien boarded the vessel or aircraft on which the
alien arrived in the United States in a foreign territory
contiguous to the United States, an island adjacent to the
United States, or an island adjacent to a foreign territory
contiguous to the United States, and the alien is not a native,
citizen, subject, or national of, or does not reside in, the
territory or island, removal shall be to the country in which
the alien boarded the vessel that transported the alien to the
territory or island.
(C) Alternative countries
If the government of the country designated in subparagraph
(A) or (B) is unwilling to accept the alien into that country's
territory, removal shall be to any of the following countries,
as directed by the Attorney General:
(i) The country of which the alien is a citizen,
subject, or national.
(ii) The country in which the alien was born.
(iii) The country in which the alien has a residence.
(iv) A country with a government that will accept the
alien into the country's territory if removal to each
country described in a previous clause of this subparagraph
is impracticable, inadvisable, or impossible.
(2) Other aliens
Subject to paragraph (3)--
(A) Selection of country by alien
Except as otherwise provided in this paragraph--
(i) any alien not described in paragraph (1) who has
been ordered removed may designate one country to which the
alien wants to be removed, and
(ii) the Attorney General shall remove the alien to the
country the alien so designates.
(B) Limitation on designation
An alien may designate under subparagraph (A)(i) a foreign
territory contiguous to the United States, an adjacent island,
or an island adjacent to a foreign territory contiguous to the
United States as the place to which the alien is to be removed
only if the alien is a native, citizen, subject, or national of,
or has resided in, that designated territory or island.
(C) Disregarding designation
The Attorney General may disregard a designation under
subparagraph (A)(i) if--
(i) the alien fails to designate a country promptly;
(ii) the government of the country does not inform the
Attorney General finally, within 30 days after the date the
Attorney General first inquires, whether the government will
accept the alien into the country;
(iii) the government of the country is not willing to
accept the alien into the country; or
(iv) the Attorney General decides that removing the
alien to the country is prejudicial to the United States.
(D) Alternative country
If an alien is not removed to a country designated under
subparagraph (A)(i), the Attorney General shall remove the alien
to a country of which the alien is a subject, national, or
citizen unless the government of the country--
(i) does not inform the Attorney General or the alien
finally, within 30 days after the date the Attorney General
first inquires or within another period of time the Attorney
General decides is reasonable, whether the government will
accept the alien into the country; or
(ii) is not willing to accept the alien into the
country.
(E) Additional removal countries
If an alien is not removed to a country under the previous
subparagraphs of this paragraph, the Attorney General shall
remove the alien to any of the following countries:
(i) The country from which the alien was admitted to the
United States.
(ii) The country in which is located the foreign port
from which the alien left for the United States or for a
foreign territory contiguous to the United States.
(iii) A country in which the alien resided before the
alien entered the country from which the alien entered the
United States.
(iv) The country in which the alien was born.
(v) The country that had sovereignty over the alien's
birthplace when the alien was born.
(vi) The country in which the alien's birthplace is
located when the alien is ordered removed.
(vii) If impracticable, inadvisable, or impossible to
remove the alien to each country described in a previous
clause of this subparagraph, another country whose
government will accept the alien into that country.
(F) Removal country when United States is at war
When the United States is at war and the Attorney General
decides that it is impracticable, inadvisable, inconvenient, or
impossible to remove an alien under this subsection because of
the war, the Attorney General may remove the alien--
(i) to the country that is host to a government in exile
of the country of which the alien is a citizen or subject if
the government of the host country will permit the alien's
entry; or
(ii) if the recognized government of the country of
which the alien is a citizen or subject is not in exile, to
a country, or a political or territorial subdivision of a
country, that is very near the country of which the alien is
a citizen or subject, or, with the consent of the government
of the country of which the alien is a citizen or subject,
to another country.
(3) Restriction on removal to a country where alien's life
or freedom would be threatened
(A) In general
Notwithstanding paragraphs (1) and (2), the Attorney General
may not remove an alien to a country if the Attorney General
decides that the alien's life or freedom would be threatened in
that country because of the alien's race, religion, nationality,
membership in a particular social group, or political opinion.
(B) Exception
Subparagraph (A) does not apply to an alien deportable under
section 1227(a)(4)(D) of this title or if the Attorney General
decides that--
(i) the alien ordered, incited, assisted, or otherwise
participated in the persecution of an individual because of
the individual's race, religion, nationality, membership in
a particular social group, or political opinion;
(ii) the alien, having been convicted by a final
judgment of a particularly serious crime is a danger to the
community of the United States;
(iii) there are serious reasons to believe that the
alien committed a serious nonpolitical crime outside the
United States before the alien arrived in the United States;
or
(iv) there are reasonable grounds to believe that the
alien is a danger to the security of the United States.
For purposes of clause (ii), an alien who has been convicted of
an aggravated felony (or felonies) for which the alien has been
sentenced to an aggregate term of imprisonment of at least 5
years shall be considered to have committed a particularly
serious crime. The previous sentence shall not preclude the
Attorney General from determining that, notwithstanding the
length of sentence imposed, an alien has been convicted of a
particularly serious crime. For purposes of clause (iv), an
alien who is described in section 1227(a)(4)(B) of this title
shall be considered to be an alien with respect to whom there
are reasonable grounds for regarding as a danger to the security
of the United States.
(c) Removal of aliens arriving at port of entry
(1) Vessels and aircraft
An alien arriving at a port of entry of the United States who is
ordered removed either without a hearing under section 1225(b)(1) or
1225(c) of this title or pursuant to proceedings under section 1229a
of this title initiated at the time of such alien's arrival shall be
removed immediately on a vessel or aircraft owned by the owner of
the vessel or aircraft on which the alien arrived in the United
States, unless--
(A) it is impracticable to remove the alien on one of those
vessels or aircraft within a reasonable time, or
(B) the alien is a stowaway--
(i) who has been ordered removed in accordance with
section 1225(a)(1) of this title,
(ii) who has requested asylum, and
(iii) whose application has not been adjudicated or
whose asylum application has been denied but who has not
exhausted all appeal rights.
(2) Stay of removal
(A) In general
The Attorney General may stay the removal of an alien under
this subsection if the Attorney General decides that--
(i) immediate removal is not practicable or proper; or
(ii) the alien is needed to testify in the prosecution
of a person for a violation of a law of the United States or
of any State.
(B) Payment of detention costs
During the period an alien is detained because of a stay of
removal under subparagraph (A)(ii), the Attorney General may pay
from the appropriation ``Immigration and Naturalization
Service--Salaries and Expenses''--
(i) the cost of maintenance of the alien; and
(ii) a witness fee of $1 a day.
(C) Release during stay
The Attorney General may release an alien whose removal is
stayed under subparagraph (A)(ii) on--
(i) the alien's filing a bond of at least $500 with
security approved by the Attorney General;
(ii) condition that the alien appear when required as a
witness and for removal; and
(iii) other conditions the Attorney General may
prescribe.
(3) Costs of detention and maintenance pending removal
(A) In general
Except as provided in subparagraph (B) and subsection (d)
\4\ of this section, an owner of a vessel or aircraft bringing
an alien to the United States shall pay the costs of detaining
and maintaining the alien--
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\4\ So in original. Probably should be subsection ``(e)''.
---------------------------------------------------------------------------
(i) while the alien is detained under subsection (d)(1)
of this section, and
(ii) in the case of an alien who is a stowaway, while
the alien is being detained pursuant to--
(I) subsection (d)(2)(A) or (d)(2)(B)(i) of this
section,
(II) subsection (d)(2)(B)(ii) or (iii) of this
section for the period of time reasonably necessary for
the owner to arrange for repatriation or removal of the
stowaway, including obtaining necessary travel
documents, but not to extend beyond the date on which it
is ascertained that such travel documents cannot be
obtained from the country to which the stowaway is to be
returned, or
(III) section 1225(b)(1)(B)(ii) of this title, for a
period not to exceed 15 days (excluding Saturdays,
Sundays, and holidays) commencing on the first such day
which begins on the earlier of 72 hours after the time
of the initial presentation of the stowaway for
inspection or at the time the stowaway is determined to
have a credible fear of persecution.
(B) Nonapplication
Subparagraph (A) shall not apply if--
(i) the alien is a crewmember;
(ii) the alien has an immigrant visa;
(iii) the alien has a nonimmigrant visa or other
documentation authorizing the alien to apply for temporary
admission to the United States and applies for admission not
later than 120 days after the date the visa or documentation
was issued;
(iv) the alien has a reentry permit and applies for
admission not later than 120 days after the date of the
alien's last inspection and admission;
(v)(I) the alien has a nonimmigrant visa or other
documentation authorizing the alien to apply for temporary
admission to the United States or a reentry permit;
(II) the alien applies for admission more than 120 days
after the date the visa or documentation was issued or after
the date of the last inspection and admission under the
reentry permit; and
(III) the owner of the vessel or aircraft satisfies the
Attorney General that the existence of the condition
relating to inadmissibility could not have been discovered
by exercising reasonable care before the alien boarded the
vessel or aircraft; or
(vi) the individual claims to be a national of the
United States and has a United States passport.
(d) Requirements of persons providing transportation
(1) Removal at time of arrival
An owner, agent, master, commanding officer, person in charge,
purser, or consignee of a vessel or aircraft bringing an alien
(except an alien crewmember) to the United States shall--
(A) receive an alien back on the vessel or aircraft or
another vessel or aircraft owned or operated by the same
interests if the alien is ordered removed under this part; and
(B) take the alien to the foreign country to which the alien
is ordered removed.
(2) Alien stowaways
An owner, agent, master, commanding officer, charterer, or
consignee of a vessel or aircraft arriving in the United States with
an alien stowaway--
(A) shall detain the alien on board the vessel or aircraft,
or at such place as the Attorney General shall designate, until
completion of the inspection of the alien by an immigration
officer;
(B) may not permit the stowaway to land in the United
States, except pursuant to regulations of the Attorney General
temporarily--
(i) for medical treatment,
(ii) for detention of the stowaway by the Attorney
General, or
(iii) for departure or removal of the stowaway; and
(C) if ordered by an immigration officer, shall remove the
stowaway on the vessel or aircraft or on another vessel or
aircraft.
The Attorney General shall grant a timely request to remove the
stowaway under subparagraph (C) on a vessel or aircraft other than
that on which the stowaway arrived if the requester has obtained any
travel documents necessary for departure or repatriation of the
stowaway and removal of the stowaway will not be unreasonably
delayed.
(3) Removal upon order
An owner, agent, master, commanding officer, person in charge,
purser, or consignee of a vessel, aircraft, or other transportation
line shall comply with an order of the Attorney General to take on
board, guard safely, and transport to the destination specified any
alien ordered to be removed under this chapter.
(e) Payment of expenses of removal
(1) Costs of removal at time of arrival
In the case of an alien who is a stowaway or who is ordered
removed either without a hearing under section 1225(a)(1) \5\ or
1225(c) of this title or pursuant to proceedings under section 1229a
of this title initiated at the time of such alien's arrival, the
owner of the vessel or aircraft (if any) on which the alien arrived
in the United States shall pay the transportation cost of removing
the alien. If removal is on a vessel or aircraft not owned by the
owner of the vessel or aircraft on which the alien arrived in the
United States, the Attorney General may--
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\5\ So in original. Probably should be ``1225(b)(1)''.
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(A) pay the cost from the appropriation ``Immigration and
Naturalization Service--Salaries and Expenses''; and
(B) recover the amount of the cost in a civil action from
the owner, agent, or consignee of the vessel or aircraft (if
any) on which the alien arrived in the United States.
(2) Costs of removal to port of removal for aliens admitted
or permitted to land
In the case of an alien who has been admitted or permitted to
land and is ordered removed, the cost (if any) of removal of the
alien to the port of removal shall be at the expense of the
appropriation for the enforcement of this chapter.
(3) Costs of removal from port of removal for aliens
admitted or permitted to land
(A) Through appropriation
Except as provided in subparagraph (B), in the case of an
alien who has been admitted or permitted to land and is ordered
removed, the cost (if any) of removal of the alien from the port
of removal shall be at the expense of the appropriation for the
enforcement of this chapter.
(B) Through owner
(i) In general
In the case of an alien described in clause (ii), the
cost of removal of the alien from the port of removal may be
charged to any owner of the vessel, aircraft, or other
transportation line by which the alien came to the United
States.
(ii) Aliens described
An alien described in this clause is an alien who--
(I) is admitted to the United States (other than
lawfully admitted for permanent residence) and is
ordered removed within 5 years of the date of admission
based on a ground that existed before or at the time of
admission, or
(II) is an alien crewman permitted to land
temporarily under section 1282 of this title and is
ordered removed within 5 years of the date of landing.
(C) Costs of removal of certain aliens granted voluntary
departure
In the case of an alien who has been granted voluntary
departure under section 1229c of this title and who is
financially unable to depart at the alien's own expense and
whose removal the Attorney General deems to be in the best
interest of the United States, the expense of such removal may
be paid from the appropriation for the enforcement of this
chapter.
(f) Aliens requiring personal care during removal
(1) In general
If the Attorney General believes that an alien being removed
requires personal care because of the alien's mental or physical
condition, the Attorney General may employ a suitable person for
that purpose who shall accompany and care for the alien until the
alien arrives at the final destination.
(2) Costs
The costs of providing the service described in paragraph (1)
shall be defrayed in the same manner as the expense of removing the
accompanied alien is defrayed under this section.
(g) Places of detention
(1) In general
The Attorney General shall arrange for appropriate places of
detention for aliens detained pending removal or a decision on
removal. When United States Government facilities are unavailable or
facilities adapted or suitably located for detention are unavailable
for rental, the Attorney General may expend from the appropriation
``Immigration and Naturalization Service--Salaries and Expenses'',
without regard to section 5 of title 41, amounts necessary to
acquire land and to acquire, build, remodel, repair, and operate
facilities (including living quarters for immigration officers if
not otherwise available) necessary for detention.
(2) Detention facilities of the Immigration and
Naturalization Service
Prior to initiating any project for the construction of any new
detention facility for the Service, the Commissioner shall consider
the availability for purchase or lease of any existing prison, jail,
detention center, or other comparable facility suitable for such
use.
(h) Statutory construction
Nothing in this section shall be construed to create any substantive
or procedural right or benefit that is legally enforceable by any party
against the United States or its agencies or officers or any other
person.
(i) Incarceration
(1) If the chief executive officer of a State (or, if appropriate, a
political subdivision of the State) exercising authority with respect to
the incarceration of an undocumented criminal alien submits a written
request to the Attorney General, the Attorney General shall, as
determined by the Attorney General--
(A) enter into a contractual arrangement which provides for
compensation to the State or a political subdivision of the State,
as may be appropriate, with respect to the incarceration of the
undocumented criminal alien; or
(B) take the undocumented criminal alien into the custody of the
Federal Government and incarcerate the alien.
(2) Compensation under paragraph (1)(A) shall be the average cost of
incarceration of a prisoner in the relevant State as determined by the
Attorney General.
(3) For purposes of this subsection, the term ``undocumented
criminal alien'' means an alien who--
(A) has been convicted of a felony or two or more misdemeanors;
and
(B)(i) entered the United States without inspection or at any
time or place other than as designated by the Attorney General;
(ii) was the subject of exclusion or deportation proceedings at
the time he or she was taken into custody by the State or a
political subdivision of the State; or
(iii) was admitted as a nonimmigrant and at the time he or she
was taken into custody by the State or a political subdivision of
the State has failed to maintain the nonimmigrant status in which
the alien was admitted or to which it was changed under section 1258
of this title, or to comply with the conditions of any such status.
(4)(A) In carrying out paragraph (1), the Attorney General shall
give priority to the Federal incarceration of undocumented criminal
aliens who have committed aggravated felonies.
(B) The Attorney General shall ensure that undocumented criminal
aliens incarcerated in Federal facilities pursuant to this subsection
are held in facilities which provide a level of security appropriate to
the crimes for which they were convicted.
(5) There are authorized to be appropriated such sums as may be
necessary to carry out this subsection in fiscal years 2003 and 2004.
(6) To the extent of available appropriations, funds otherwise made
available under this section with respect to a State (or political
subdivision, including a municipality) for incarceration of an
undocumented criminal alien may, at the discretion of the recipient of
the funds, be used for the costs of imprisonment of such alien in a
State, local, or municipal prison or jail.
(June 27, 1952, ch. 477, title II, ch. 4, Sec. 241, as added and amended
Pub. L. 104-208, div. C, title III, Secs. 305(a)(3), 306(a)(1),
328(a)(1), Sept. 30, 1996, 110 Stat. 3009-598, 3009-607, 3009-630; Pub.
L. 107-273, div. C, title I, Sec. 11014, Nov. 2, 2002, 116 Stat. 1824.)
References in Text
Section 259 of title 42, referred to in subsec. (a)(4)(A), was
repealed by Pub. L. 106-310, div. B, title XXXIV, Sec. 3405(a), Oct. 17,
2000, 114 Stat. 1221.
Codification
The text of subsec. (j) of section 1252 of this title, which was
redesignated as subsec. (i) of this section by Pub. L. 104-208,
Sec. 306(a)(1), was based on section 242(j) of act June 27, 1952, ch.
477, title II, ch. 5, as added Sept. 13, 1994, Pub. L. 103-322, title
II, Sec. 20301(a), 108 Stat. 1823.
Prior Provisions
A prior section 241 of act June 27, 1952, was renumbered section
237, and is classified to section 1227 of this title.
Amendments
2002--Subsec. (i)(5). Pub. L. 107-273 substituted ``in fiscal years
2003 and 2004'' for provisions which authorized specified amounts to be
appropriated from the Violent Crime Reduction Trust Fund for fiscal
years 1995 to 2002 as set out in subpars. (A) to (F).
1996--Subsec. (i). Pub. L. 104-208, Sec. 306(a)(1), redesignated
subsec. (j) of section 1252 of this title as subsec. (i) of this
section. See Codification note above.
Subsec. (i)(3)(A). Pub. L. 104-208, Sec. 328(a)(1)(A), substituted
``felony or two or more misdemeanors'' for ``felony and sentenced to a
term of imprisonment''.
Subsec. (i)(6). Pub. L. 104-208, Sec. 328(a)(1)(B), added par. (6).
Effective Date of 1996 Amendment
Amendment by section 306(a)(1) of Pub. L. 104-208 applicable as
provided under section 309 of Pub. L. 104-208 (see Effective Date note
below), see section 306(c) of Pub. L. 104-208, as amended, set out as a
note under section 1252 of this title.
Section 328(a)(2) of div. C of Pub. L. 104-208 provided that: ``The
amendment made by paragraph (1) [amending this section] shall apply
beginning with fiscal year 1997.''
Effective Date
Section 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 an Effective
Date of 1996 Amendments 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.
United States Policy With Respect to Involuntary Return of Persons in
Danger of Subjection to Torture
Pub. L. 105-277, div. G, subdiv. B, title XXII, Sec. 2242, Oct. 21,
1998, 112 Stat. 2681-822, provided that:
``(a) Policy.--It shall be the policy of the United States not to
expel, extradite, or otherwise effect the involuntary return of any
person to a country in which there are substantial grounds for believing
the person would be in danger of being subjected to torture, regardless
of whether the person is physically present in the United States.
``(b) Regulations.--Not later than 120 days after the date of
enactment of this Act [Oct. 21, 1998], the heads of the appropriate
agencies shall prescribe regulations to implement the obligations of the
United States under Article 3 of the United Nations Convention Against
Torture and Other Forms of Cruel, Inhuman or Degrading Treatment or
Punishment, subject to any reservations, understandings, declarations,
and provisos contained in the United States Senate resolution of
ratification of the Convention.
``(c) Exclusion of Certain Aliens.--To the maximum extent consistent
with the obligations of the United States under the Convention, subject
to any reservations, understandings, declarations, and provisos
contained in the United States Senate resolution of ratification of the
Convention, the regulations described in subsection (b) shall exclude
from the protection of such regulations aliens described in section
241(b)(3)(B) of the Immigration and Nationality Act (8 U.S.C.
1231(b)(3)(B)).
``(d) Review and Construction.--Notwithstanding any other provision
of law, and except as provided in the regulations described in
subsection (b), no court shall have jurisdiction to review the
regulations adopted to implement this section, and nothing in this
section shall be construed as providing any court jurisdiction to
consider or review claims raised under the Convention or this section,
or any other determination made with respect to the application of the
policy set forth in subsection (a), except as part of the review of a
final order of removal pursuant to section 242 of the Immigration and
Nationality Act (8 U.S.C. 1252).
``(e) Authority To Detain.--Nothing in this section shall be
construed as limiting the authority of the Attorney General to detain
any person under any provision of law, including, but not limited to,
any provision of the Immigration and Nationality Act [8 U.S.C. 1101 et
seq.].
``(f) Definitions.--
``(1) Convention defined.--In this section, the term
`Convention' means the United Nations Convention Against Torture and
Other Forms of Cruel, Inhuman or Degrading Treatment or Punishment,
done at New York on December 10, 1984.
``(2) Same terms as in the convention.--Except as otherwise
provided, the terms used in this section have the meanings given
those terms in the Convention, subject to any reservations,
understandings, declarations, and provisos contained in the United
States Senate resolution of ratification of the Convention.''
References to Order of Removal Deemed To Include Order of Exclusion and
Deportation
For purposes of carrying out this chapter, any reference in law to
an order of removal is deemed to include a reference to an order of
exclusion and deportation or an order of deportation, see section
309(d)(2) of Pub. L. 104-208, set out in an Effective Date of 1996
Amendments note under section 1101 of this title.
Pilot Program on Use of Closed Military Bases for Detention of
Inadmissible or Deportable Aliens
Section 387 of div. C of Pub. L. 104-208 provided that:
``(a) Establishment.--The Attorney General and the Secretary of
Defense shall establish one or more pilot programs for up to 2 years
each to determine the feasibility of the use of military bases,
available because of actions under a base closure law, as detention
centers by the Immigration and Naturalization Service. In selecting real
property at a military base for use as a detention center under the
pilot program, the Attorney General and the Secretary shall consult with
the redevelopment authority established for the military base and give
substantial deference to the redevelopment plan prepared for the
military base.
``(b) Report.--Not later than 30 months after the date of the
enactment of this Act [Sept. 30, 1996], the Attorney General, together
with the Secretary of Defense, shall submit a report to the Committees
on the Judiciary of the House of Representatives and of the Senate, and
the Committees on Armed Services of the House of Representatives and of
the Senate, on the feasibility of using military bases closed under a
base closure law as detention centers by the Immigration and
Naturalization Service.
``(c) Definition.--For purposes of this section, the term `base
closure law' means each of the following:
``(1) The Defense Base Closure and Realignment Act of 1990 (part
A of title XXIX of Public Law 101-510; 10 U.S.C. 2687 note).
``(2) Title II of the Defense Authorization Amendments and Base
Closure and Realignment Act (Public Law 100-526; 10 U.S.C. 2687
note).
``(3) Section 2687 of title 10, United States Code.
``(4) Any other similar law enacted after the date of the
enactment of this Act [Sept. 30, 1996].''
Interior Repatriation Program
Section 388 of div. C of Pub. L. 104-208 provided that: ``Not later
than 30 months after the date of the enactment of this Act [Sept. 30,
1996], the Attorney General, in consultation with the Secretary of
State, shall submit a report to the Committees on the Judiciary of the
House of Representatives and of the Senate on the operation of the
program of interior repatriation developed under section 437 of the
Antiterrorism and Effective Death Penalty Act of 1996 (Public Law 104-
132) [set out as a note below].''
Pub. L. 104-132, title IV, Sec. 437, Apr. 24, 1996, 110 Stat. 1275,
provided that: ``Not later than 180 days after the date of enactment of
this Act [Apr. 24, 1996], the Attorney General and the Commissioner of
Immigration and Naturalization shall develop and implement a program in
which aliens who previously have illegally entered the United States not
less than 3 times and are deported or returned to a country contiguous
to the United States will be returned to locations not less than 500
kilometers from that country's border with the United States.''
Termination of Limitation
Section 20301(c) of Pub. L. 103-322, as amended by Pub. L. 104-208,
div. C, title III, Sec. 308(g)(5)(G), Sept. 30, 1996, 110 Stat. 3009-
623, provided that: ``Notwithstanding section 241(h)(5) [probably means
241(i)(5), formerly 242(j)(5) of the Immigration and Nationality Act [8
U.S.C. 1231(i)(5)], as added by subsection (a), the requirements of
section 241(h) [probably means 241(i), formerly 242(j) of the
Immigration and Nationality Act [8 U.S.C. 1231(i)], as added by
subsection (a), shall not be subject