1996—Pub. L. 104–208, § 303(a), amended section generally. Prior to amendment, section consisted of subsecs. (a) to (e) related to proceedings to determine whether aliens detained under section 1225 of this title should be allowed to enter or should be excluded and deported.
Subsecs. (a) to (d). Pub. L. 104–208, § 371(b)(5), substituted “An immigration judge” for “A special inquiry officer”, “an immigration judge” for “a special inquiry officer”, and “immigration judge” for “special inquiry officer”, wherever appearing.
1991—Subsec. (e)(1). Pub. L. 102–232 substituted “upon release of the alien (regardless of whether or not such release is on parole, supervised release, or probation, and regardless of the possibility of rearrest or further confinement in respect of the same offense)” for “upon completion of the alien’s sentence for such conviction”.
1990—Subsec. (d). Pub. L. 101–649, § 603(a)(12), substituted “has a disease, illness, or addiction which would make the alien excludable under paragraph (1) of section 1182(a) of this title” for “is afflicted with a disease specified in section 1182(a)(6) of this title, or with any mental disease, defect, or disability which would bring such alien within any of the classes excluded from admission to the United States under paragraphs (1) to (4) or (5) of section 1182(a) of this title” and struck out at end “If an alien is excluded by a special inquiry officer because of the existence of a physical disease, defect, or disability, other than one specified in section 1182(a)(6) of this title, the alien may appeal from the excluding decision in accordance with subsection (b) of this section, and the provisions of section 1183 of this title may be invoked.”
Subsec. (e). Pub. L. 101–649, § 504(b), added subsec. (e).
Pub. L. 104–208, div. C, title III, § 303(b), “(1) The amendment made by subsection (a) [amending this section] shall become effective on the title III–A effective date [see section 309 of Pub. L. 104–208, set out as a note under section 1101 of this title].“(2) If the Attorney General, not later than 10 days after the date of the enactment of this Act [“(3) “(A) During the period in which this paragraph is in effect pursuant to paragraph (2), the Attorney General shall take into custody any alien who—“(i) has been convicted of an aggravated felony (as defined under section 101(a)(43) of the Immigration and Nationality Act [8 U.S.C. 1101(a)(43)], as amended by section 321 of this division),“(ii) is inadmissible by reason of having committed any offense covered in section 212(a)(2) of such Act [8 U.S.C. 1182(a)(2)],“(iii) is deportable by reason of having committed any offense covered in section 241(a)(2)(A)(ii), (A)(iii), (B), (C), or (D) of such Act [former 8 U.S.C. 1251(a)(2)(A)(ii), (A)(iii), (B), (C), (D)] (before redesignation under this subtitle), or“(iv) is inadmissible under section 212(a)(3)(B) of such Act or deportable under section 241(a)(4)(B) of such Act (before redesignation under this subtitle),when the alien is released, without regard to whether the alien is released on parole, supervised release, or probation, and without regard to whether the alien may be arrested or imprisoned again for the same offense.“(B) The Attorney General may release the alien only if the alien is an alien described in subparagraph (A)(ii) or (A)(iii) and—“(i) the alien was lawfully admitted to the United States and satisfies the Attorney General that the alien will not pose a danger to the safety of other persons or of property and is likely to appear for any scheduled proceeding, or“(ii) the alien was not lawfully admitted to the United States, cannot be removed because the designated country of removal will not accept the alien, and satisfies the Attorney General that the alien will not pose a danger to the safety of other persons or of property and is likely to appear for any scheduled proceeding.”
Amendment by section 371(b)(5) of Pub. L. 104–208 effective
Amendment by Pub. L. 102–232 effective as if included in the enactment of the Immigration Act of 1990, Pub. L. 101–649, see section 310(1) of Pub. L. 102–232, set out as a note under section 1101 of this title.
Amendment by section 603(a)(12) of Pub. L. 101–649 applicable to individuals entering United States on or after
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.
Pub. L. 105–141, “SECTION 1. PROGRAM OF IDENTIFICATION OF CERTAIN DEPORTABLE ALIENS AWAITING ARRAIGNMENT.“(a) Not later than 6 months after the date of the enactment of this Act [“(1) Aliens unlawfully present in the United States.“(2) Aliens described in paragraph (2) or (4) of section 237(a) of the Immigration and Nationality Act [8 U.S.C. 1227(a)(2), (4)] (as redesignated by section 305(a)(2) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996).“(b) The program authorized by subsection (a) shall include—“(1) the detail, to each incarceration facility selected under subsection (c), of at least one employee of the Immigration and Naturalization Service who has expertise in the identification of aliens described in subsection (a); and“(2) provision of funds sufficient to provide for—“(A) the detail of such employees to each selected facility on a full-time basis, including the portions of the day or night when the greatest number of individuals are incarcerated prior to arraignment;“(B) access for such employees to records of the Service and other Federal law enforcement agencies that are necessary to identify such aliens; and“(C) in the case of an individual identified as such an alien, pre-arraignment reporting to the court regarding the Service’s intention to remove the alien from the United States.“(c) “(1) The Attorney General shall select for participation in the program each incarceration facility that satisfies the following requirements:“(A) The facility is owned by the government of a local political subdivision described in clause (i) or (ii) of subparagraph (C).“(B) Such government has submitted a request for such selection to the Attorney General.“(C) The facility is located—“(i) in a county that is determined by the Attorney General to have a high concentration of aliens described in subsection (a); or“(ii) in a city, town, or other analogous local political subdivision, that is determined by the Attorney General to have a high concentration of such aliens (but only in the case of a facility that is not located in a county).“(D) The facility incarcerates or processes individuals prior to their arraignment on criminal charges.“(2) For any fiscal year, the total number of local political subdivisions determined under clauses (i) and (ii) of paragraph (1)(C) to meet the standard in such clauses shall be the following:“(A) For fiscal year 1999, not less than 10 and not more than 25.“(B) For fiscal year 2000, not less than 25 and not more than 50.“(C) For fiscal year 2001, not more than 75.“(D) For fiscal year 2002, not more than 100.“(E) For fiscal year 2003 and subsequent fiscal years, 100, or such other number of political subdivisions as may be specified in appropriations Acts.“(3) For any fiscal year, of the local political subdivisions determined under clauses (i) and (ii) of paragraph (1)(C) to meet the standard in such clauses, not less than 20 percent shall be in States that are not contiguous to a land border.“(4) All of the incarceration facilities within the county of Orange, California, and the county of Ventura, California, that are owned by the government of a local political subdivision, and satisfy the requirements of paragraph (1)(D), shall be selected for participation in the program.“SEC. 2. STUDY AND REPORT.“Not later than 1 year after the date of the enactment of this Act [“(1) the assignment of a single Immigration and Naturalization Service employee to more than 1 incarceration facility; and“(2) the development of a system to permit the Attorney General to conduct off-site verification, by computer or other electronic means, of the immigration status of individuals who are incarcerated in local governmental incarceration facilities prior to arraignment on criminal charges.”
Pub. L. 103–322, title XIII, § 130002, “(a) The Commissioner of Immigration and Naturalization shall, under the authority of section 236(d) of the Immigration and Nationality Act [8 U.S.C. 1226(d)] operate a criminal alien identification system. The criminal alien identification system shall be used to assist Federal, State, and local law enforcement agencies in identifying and locating aliens who may be subject to removal by reason of their conviction of aggravated felonies, subject to prosecution under section 275 of such Act [8 U.S.C. 1325], not lawfully present in the United States, or otherwise removable. Such system shall include providing for recording of fingerprint records of aliens who have been previously arrested and removed into appropriate automated fingerprint identification systems.“(b) There are authorized to be appropriated to carry out this section—“(1) $3,400,000 for fiscal year 1996; and“(2) $5,000,000 for each of fiscal years 1997 through 2001.”