
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 8USC1228]

 
                     TITLE 8--ALIENS AND NATIONALITY
 
                 CHAPTER 12--IMMIGRATION AND NATIONALITY
 
                       SUBCHAPTER II--IMMIGRATION
 
 Part IV--Inspection, Apprehension, Examination, Exclusion, and Removal
 
Sec. 1228. Expedited removal of aliens convicted of committing 
        aggravated felonies
        

(a) Removal of criminal aliens

                           (1) in general

        The Attorney General shall provide for the availability of 
    special removal proceedings at certain Federal, State, and local 
    correctional facilities for aliens convicted of any criminal offense 
    covered in section 1227(a)(2)(A)(iii), (B), (C), or (D) of this 
    title, or any offense covered by section 1227(a)(2)(A)(ii) of this 
    title for which both predicate offenses are, without regard to the 
    date of their commission, otherwise covered by section 
    1227(a)(2)(A)(i) of this title. Such proceedings shall be conducted 
    in conformity with section 1229a of this title (except as otherwise 
    provided in this section), and in a manner which eliminates the need 
    for additional detention at any processing center of the Service and 
    in a manner which assures expeditious removal following the end of 
    the alien's incarceration for the underlying sentence. 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.

                         (2) Implementation

        With respect to an alien convicted of an aggravated felony who 
    is taken into custody by the Attorney General pursuant to section 
    1226(c) of this title, the Attorney General shall, to the maximum 
    extent practicable, detain any such felon at a facility at which 
    other such aliens are detained. In the selection of such facility, 
    the Attorney General shall make reasonable efforts to ensure that 
    the alien's access to counsel and right to counsel under section 
    1362 of this title are not impaired.

                      (3) Expedited proceedings

        (A) Notwithstanding any other provision of law, the Attorney 
    General shall provide for the initiation and, to the extent 
    possible, the completion of removal proceedings, and any 
    administrative appeals thereof, in the case of any alien convicted 
    of an aggravated felony before the alien's release from 
    incarceration for the underlying aggravated felony.
        (B) Nothing in this section shall be construed as requiring the 
    Attorney General to effect the removal of any alien sentenced to 
    actual incarceration, before release from the penitentiary or 
    correctional institution where such alien is confined.

                             (4) Review

        (A) The Attorney General shall review and evaluate removal 
    proceedings conducted under this section.
        (B) The Comptroller General shall monitor, review, and evaluate 
    removal proceedings conducted under this section. Within 18 months 
    after the effective date of this section, the Comptroller General 
    shall submit a report to such Committees concerning the extent to 
    which removal proceedings conducted under this section may adversely 
    affect the ability of such aliens to contest removal effectively.

(b) Removal of aliens who are not permanent residents

    (1) The Attorney General may, in the case of an alien described in 
paragraph (2), determine the deportability of such alien under section 
1227(a)(2)(A)(iii) of this title (relating to conviction of an 
aggravated felony) and issue an order of removal pursuant to the 
procedures set forth in this subsection or section 1229a of this title.
    (2) An alien is described in this paragraph if the alien--
        (A) was not lawfully admitted for permanent residence at the 
    time at which proceedings under this section commenced; or
        (B) had permanent resident status on a conditional basis (as 
    described in section 1186a of this title) at the time that 
    proceedings under this section commenced.

    (3) The Attorney General may not execute any order described in 
paragraph (1) until 14 calendar days have passed from the date that such 
order was issued, unless waived by the alien, in order that the alien 
has an opportunity to apply for judicial review under section 1252 of 
this title.
    (4) Proceedings before the Attorney General under this subsection 
shall be in accordance with such regulations as the Attorney General 
shall prescribe. The Attorney General shall provide that--
        (A) the alien is given reasonable notice of the charges and of 
    the opportunity described in subparagraph (C);
        (B) the alien shall have the privilege of being represented (at 
    no expense to the government) by such counsel, authorized to 
    practice in such proceedings, as the alien shall choose;
        (C) the alien has a reasonable opportunity to inspect the 
    evidence and rebut the charges;
        (D) a determination is made for the record that the individual 
    upon whom the notice for the proceeding under this section is served 
    (either in person or by mail) is, in fact, the alien named in such 
    notice;
        (E) a record is maintained for judicial review; and
        (F) the final order of removal is not adjudicated by the same 
    person who issues the charges.

    (5) No alien described in this section shall be eligible for any 
relief from removal that the Attorney General may grant in the Attorney 
General's discretion.

(c) \1\ Presumption of deportability
---------------------------------------------------------------------------

    \1\ So in original. Two subsecs. (c) have been enacted.
---------------------------------------------------------------------------
    An alien convicted of an aggravated felony shall be conclusively 
presumed to be deportable from the United States.

(c) \1\ Judicial removal

                            (1) Authority

        Notwithstanding any other provision of this chapter, a United 
    States district court shall have jurisdiction to enter a judicial 
    order of removal at the time of sentencing against an alien who is 
    deportable, if such an order has been requested by the United States 
    Attorney with the concurrence of the Commissioner and if the court 
    chooses to exercise such jurisdiction.

                            (2) Procedure

        (A) The United States Attorney shall file with the United States 
    district court, and serve upon the defendant and the Service, prior 
    to commencement of the trial or entry of a guilty plea a notice of 
    intent to request judicial removal.
        (B) Notwithstanding section 1252b \2\ of this title, the United 
    States Attorney, with the concurrence of the Commissioner, shall 
    file at least 30 days prior to the date set for sentencing a charge 
    containing factual allegations regarding the alienage of the 
    defendant and identifying the crime or crimes which make the 
    defendant deportable under section 1227(a)(2)(A) of this title.
---------------------------------------------------------------------------
    \2\ See References in Text note below.
---------------------------------------------------------------------------
        (C) If the court determines that the defendant has presented 
    substantial evidence to establish prima facie eligibility for relief 
    from removal under this chapter, the Commissioner shall provide the 
    court with a recommendation and report regarding the alien's 
    eligibility for relief. The court shall either grant or deny the 
    relief sought.
        (D)(i) The alien shall have a reasonable opportunity to examine 
    the evidence against him or her, to present evidence on his or her 
    own behalf, and to cross-examine witnesses presented by the 
    Government.
        (ii) The court, for the purposes of determining whether to enter 
    an order described in paragraph (1), shall only consider evidence 
    that would be admissible in proceedings conducted pursuant to 
    section 1229a of this title.
        (iii) Nothing in this subsection shall limit the information a 
    court of the United States may receive or consider for the purposes 
    of imposing an appropriate sentence.
        (iv) The court may order the alien removed if the Attorney 
    General demonstrates that the alien is deportable under this 
    chapter.

       (3) Notice, appeal, and execution of judicial order of 
                                   removal

        (A)(i) A judicial order of removal or denial of such order may 
    be appealed by either party to the court of appeals for the circuit 
    in which the district court is located.
        (ii) Except as provided in clause (iii), such appeal shall be 
    considered consistent with the requirements described in section 
    1252 of this title.
        (iii) Upon execution by the defendant of a valid waiver of the 
    right to appeal the conviction on which the order of removal is 
    based, the expiration of the period described in section 1252(b)(1) 
    of this title, or the final dismissal of an appeal from such 
    conviction, the order of removal shall become final and shall be 
    executed at the end of the prison term in accordance with the terms 
    of the order. If the conviction is reversed on direct appeal, the 
    order entered pursuant to this section shall be void.
        (B) As soon as is practicable after entry of a judicial order of 
    removal, the Commissioner shall provide the defendant with written 
    notice of the order of removal, which shall designate the 
    defendant's country of choice for removal and any alternate country 
    pursuant to section 1253(a) \2\ of this title.

                    (4) Denial of judicial order

        Denial of a request for a judicial order of removal shall not 
    preclude the Attorney General from initiating removal proceedings 
    pursuant to section 1229a of this title upon the same ground of 
    deportability or upon any other ground of deportability provided 
    under section 1227(a) of this title.

              (5) Stipulated judicial order of removal

        The United States Attorney, with the concurrence of the 
    Commissioner, may, pursuant to Federal Rule of Criminal Procedure 
    11, enter into a plea agreement which calls for the alien, who is 
    deportable under this chapter, to waive the right to notice and a 
    hearing under this section, and stipulate to the entry of a judicial 
    order of removal from the United States as a condition of the plea 
    agreement or as a condition of probation or supervised release, or 
    both. The United States district court, in both felony and 
    misdemeanor cases, and a United States magistrate judge in 
    misdemeanor cases, may accept such a stipulation and shall have 
    jurisdiction to enter a judicial order of removal pursuant to the 
    terms of such stipulation.

(June 27, 1952, ch. 477, title II, ch. 4, Sec. 238, formerly ch. 5, 
Sec. 242A, as added Pub. L. 100-690, title VII, Sec. 7347(a), Nov. 18, 
1988, 102 Stat. 4471; amended Pub. L. 101-649, title V, Sec. 506(a), 
Nov. 29, 1990, 104 Stat. 5050; Pub. L. 102-232, title III, 
Sec. 309(b)(10), Dec. 12, 1991, 105 Stat. 1759; Pub. L. 103-322, title 
XIII, Sec. 130004(a), (c), Sept. 13, 1994, 108 Stat. 2026, 2027; Pub. L. 
103-416, title II, Secs. 223(a), 224(a), Oct. 25, 1994, 108 Stat. 4322; 
Pub. L. 104-132, title IV, Secs. 440(g), 442(a), (c), Apr. 24, 1996, 110 
Stat. 1278-1280; renumbered ch. 4, Sec. 238, and amended Pub. L. 104-
208, div. C, title III, Secs. 304(c)(1), 306(d), 308(b)(5), (c)(1), 
(4)(A), (e)(1)(F), (2)(D), (10), (g)(1), (2)(A), (C), (5)(A)(ii), (C), 
(D), (10)(H), 374(a), title VI, Sec. 671(b)(13), (c)(5), (6), Sept. 30, 
1996, 110 Stat. 3009-597, 3009-612, 3009-615, 3009-616, 3009-619, 3009-
620, 3009-622, 3009-623, 3009-625, 3009-647, 3009-722, 3009-723.)

                       References in Text

    For effective date of this section, referred to in subsec. 
(a)(4)(B), see Effective Date note below.
    Section 1252b of this title, referred to in subsec. (c)(2)(B), was 
repealed by Pub. L. 104-208, div. C, title III, Sec. 308(b)(6), Sept. 
30, 1996, 110 Stat. 3009-615.
    Section 1253 of this title, referred to in subsec. (c)(3)(B), was 
amended generally by Pub. L. 104-208, div. C, title III, Sec. 307(a), 
Sept. 30, 1996, 110 Stat. 3009-612, and, as so amended, subsec. (a) no 
longer contains provisions relating to alternate countries. Provisions 
similar to those contained in former subsec. (a) of section 1253 are now 
contained in section 1231(b) of this title.
    Federal Rule of Criminal Procedure 11, referred to in subsec. 
(c)(5), is set out in the Appendix to Title 18, Crimes and Criminal 
Procedure.

                          Codification

    Section was formerly classified to section 1252a of this title prior 
to renumbering by Pub. L. 104-208.


                            Prior Provisions

    A prior section 1228, act June 27, 1952, ch. 477, title II, ch. 4, 
Sec. 238, 66 Stat. 202, as amended, which related to entry through or 
from foreign contiguous territory and adjacent islands, was renumbered 
section 233 of act June 27, 1952, by Pub. L. 104-208, div. C, title III, 
Sec. 308(b)(4), Sept. 30, 1996, 110 Stat. 3009-615, and was transferred 
to section 1223 of this title.


                               Amendments

    1996--Pub. L. 104-208, Sec. 308(b)(5), substituted ``removal'' for 
``deportation'' in section catchline.
    Subsec. (a). Pub. L. 104-208, Sec. 308(e)(10), substituted 
``Removal'' for ``Deportation'' in heading.
    Subsec. (a)(1). Pub. L. 104-208, Sec. 308(g)(1), substituted 
``1227(a)(2)(A)(iii)'' for ``1251(a)(2)(A)(iii)''.
    Pub. L. 104-208, Sec. 308(e)(1)(F), substituted ``removal'' for 
``deportation'' in two places.
    Pub. L. 104-208, Sec. 308(c)(4)(A), inserted at end ``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.''
    Pub. L. 104-208, Sec. 308(c)(1)(A), substituted ``section 1229a'' 
for ``section 1252''.
    Pub. L. 104-132, Sec. 440(g)(1)(B), struck out ``, where 
warranted,'' after ``assures expeditious deportation''.
    Pub. L. 104-132, Sec. 440(g)(1)(A), as amended by Pub. L. 104-208, 
Secs. 306(d), 308(g)(10)(H), 671(c)(5), substituted ``any criminal 
offense covered in section 1251(a)(2)(A)(iii), (B), (C), or (D) of this 
title, or any offense covered by section 1227(a)(2)(A)(ii) of this title 
for which both predicate offenses are, without regard to the date of 
their commission, otherwise covered by section 1227(a)(2)(A)(i) of this 
title'' for ``aggravated felonies (as defined in section 1101(a)(43) of 
this title)''.
    Subsec. (a)(2). Pub. L. 104-208, Sec. 308(c)(1)(B), substituted 
``section 1226(c)'' for ``section 1252(a)(2)''.
    Pub. L. 104-132, Sec. 440(g)(2), which directed substitution of 
``any criminal offense covered in section 1251(a)(2)(A)(iii), (B), (C), 
or (D) of this title, or any offense covered by section 
1251(a)(2)(A)(ii) of this title for which both predicate offenses are 
covered by section 1251(a)(2)(A)(i) of this title.'' for ``aggravated 
felony'' and all that follows through ``before any scheduled 
hearings.'', was repealed by Pub. L. 104-208, Sec. 671(c)(6).
    Subsec. (a)(3), (4). Pub. L. 104-208, Sec. 308(e)(1)(F), substituted 
``removal'' for ``deportation'' wherever appearing.
    Subsec. (b). Pub. L. 104-208, Sec. 308(e)(10), substituted 
``Removal'' for ``Deportation'' in heading.
    Subsec. (b)(1). Pub. L. 104-208, Sec. 308(g)(5)(C), substituted 
``section 1229a'' for ``section 1252(b)''.
    Pub. L. 104-208, Sec. 308(e)(1)(F), substituted ``removal'' for 
``deportation''.
    Pub. L. 104-208, Sec. 308(c)(1)(C), substituted ``section 
1227(a)(2)(A)(iii)'' for ``section 1251(a)(2)(A)(iii)''.
    Subsec. (b)(2)(A). Pub. L. 104-132, Sec. 442(a)(1)(A), substituted 
``or'' for ``and'' at end.
    Subsec. (b)(2)(B). Pub. L. 104-132, Sec. 442(a)(1)(B), amended 
subpar. (B) generally. Prior to amendment, subpar. (B) read as follows: 
``is not eligible for any relief from deportation under this chapter.''
    Subsec. (b)(3). Pub. L. 104-208, Sec. 308(g)(2)(A), substituted 
``section 1252'' for ``section 1105a''.
    Pub. L. 104-132, Sec. 442(a)(2), substituted ``14 calendar days'' 
for ``30 calendar days''.
    Subsec. (b)(4)(B). Pub. L. 104-132, Sec. 442(a)(3), substituted 
``proceedings'' for ``proccedings''.
    Subsec. (b)(4)(D). Pub. L. 104-208, Sec. 304(c)(1)(A), (B), 
redesignated subpar. (E) as (D) and amended it generally, and struck out 
former subpar. (D). Prior to amendments, subpars. (D) and (E) read as 
follows:
    ``(D) such proceedings are conducted in, or translated for the alien 
into, a language the alien understands;
    ``(E) a determination is made for the record at such proceedings 
that the individual who appears to respond in such a proceeding is an 
alien subject to such an expedited proceeding under this section and is, 
in fact, the alien named in the notice for such proceeding;''.
    Pub. L. 104-132, Sec. 442(a)(4)(B), added subpar. (D). Former 
subpar. (D) redesignated (F).
    Subsec. (b)(4)(E). Pub. L. 104-208, Sec. 304(c)(1)(C), redesignated 
subpar. (F) as (E). Former subpar. (E) amended generally and 
redesignated (D).
    Pub. L. 104-132, Sec. 442(a)(4)(B), added subpar. (E). Former 
subpar. (E) redesignated (G).
    Subsec. (b)(4)(F). Pub. L. 104-208, Sec. 308(e)(1)(F), substituted 
``removal'' for ``deportation''.
    Pub. L. 104-208, Sec. 304(c)(1)(C), redesignated subpar. (G) as (F). 
Former subpar. (F) redesignated (E).
    Pub. L. 104-132, Sec. 442(a)(4)(A), redesignated subpar. (D) as (F).
    Subsec. (b)(4)(G). Pub. L. 104-208, Sec. 304(c)(1)(C), redesignated 
subpar. (G) as (F).
    Pub. L. 104-132, Sec. 442(a)(4)(A), redesignated subpar. (E) as (G).
    Subsec. (b)(5). Pub. L. 104-208, Sec. 308(e)(1)(F), substituted 
``removal'' for ``deportation''.
    Pub. L. 104-132, Sec. 442(a)(5), added par. (5).
    Subsec. (c). Pub. L. 104-208, Sec. 671(b)(13), redesignated subsec. 
(d) relating to judicial removal as (c).
    Pub. L. 104-208, Sec. 308(e)(10), substituted ``removal'' for 
``deportation'' in heading.
    Pub. L. 104-132, Sec. 442(c), added subsec. (c), relating to 
presumption of deportability.
    Subsec. (c)(1). Pub. L. 104-208, Sec. 308(e)(1)(F), substituted 
``removal'' for ``deportation''.
    Subsec. (c)(2)(A). Pub. L. 104-208, Sec. 308(e)(1)(F), substituted 
``removal'' for ``deportation''.
    Subsec. (c)(2)(B). Pub. L. 104-208, Sec. 308(g)(1), substituted 
``section 1227(a)(2)(A)'' for ``section 1251(a)(2)(A)''.
    Subsec. (c)(2)(C). Pub. L. 104-208, Sec. 308(e)(1)(F), substituted 
``removal'' for ``deportation''.
    Subsec. (c)(2)(D)(ii). Pub. L. 104-208, Sec. 308(g)(5)(D), 
substituted ``section 1229a'' for ``section 1252(b)''.
    Subsec. (c)(2)(D)(iv). Pub. L. 104-208, Sec. 308(e)(2)(D), 
substituted ``removed'' for ``deported''.
    Subsec. (c)(3). Pub. L. 104-208, Sec. 308(e)(10), substituted 
``removal'' for ``deportation'' in heading.
    Subsec. (c)(3)(A)(i). Pub. L. 104-208, Sec. 308(e)(1)(F), 
substituted ``removal'' for ``deportation''.
    Subsec. (c)(3)(A)(ii). Pub. L. 104-208, Sec. 308(g)(2)(A), 
substituted ``section 1252'' for ``section 1105a''.
    Subsec. (c)(3)(A)(iii). Pub. L. 104-208, Sec. 308(g)(2)(C), 
substituted ``section 1252(b)(1)'' for ``section 1105a(a)(1)''.
    Pub. L. 104-208, Sec. 308(e)(1)(F), substituted ``removal'' for 
``deportation'' in two places.
    Subsec. (c)(3)(B). Pub. L. 104-208, Sec. 308(e)(1)(F), substituted 
``removal'' for ``deportation'' wherever appearing.
    Subsec. (c)(4). Pub. L. 104-208, Sec. 308(g)(5)(A)(ii), substituted 
``section 1229a'' for ``section 1252''.
    Pub. L. 104-208, Sec. 308(g)(1), substituted ``section 1227(a)'' for 
``section 1251(a)''.
    Pub. L. 104-208, Sec. 308(e)(1)(F), substituted ``removal'' for 
``deportation'' in two places.
    Subsec. (c)(5). Pub. L. 104-208, Sec. 308(e)(10), substituted 
``removal'' for ``deportation'' in heading.
    Pub. L. 104-208, Sec. 308(e)(1)(F), substituted ``removal'' for 
``deportation'' in two places.
    Subsec. (d). Pub. L. 104-208, Sec. 671(b)(13), redesignated subsec. 
(d) relating to judicial removal as (c).
    Subsec. (d)(1). Pub. L. 104-208, Sec. 374(a)(1), substituted ``who 
is deportable'' for ``whose criminal conviction causes such alien to be 
deportable under section 1251(a)(2)(A) of this title''.
    Subsec. (d)(4). Pub. L. 104-208, Sec. 374(a)(2), struck out 
``without a decision on the merits'' after ``Denial''.
    Subsec. (d)(5). Pub. L. 104-208, Sec. 374(a)(3), added par. (5).
    1994--Pub. L. 103-322, Sec. 130004(c)(1), struck out ``procedures 
for'' after ``Expedited'' in section catchline.
    Subsec. (a)(1). Pub. L. 103-322, Sec. 130004(c)(2), substituted 
subsec. heading for one which read ``In general'', redesignated existing 
subsec. (a) as par. (1) of subsec. (a), and inserted heading.
    Subsec. (a)(2). Pub. L. 103-322, Sec. 130004(c)(3), redesignated 
subsec. (b) as par. (2) of subsec. (a).
    Subsec. (a)(3). Pub. L. 103-322, Sec. 130004(c)(5), redesignated 
subsec. (d) as par. (3) of subsec. (a), and redesignated pars. (1) and 
(2) of former subsec. (d) as subpars. (A) and (B), respectively, of 
subsec. (a)(3).
    Subsec. (a)(4). Pub. L. 103-322, Sec. 130004(c)(6), redesignated 
subsec. (e) as par. (4) of subsec. (a), redesignated par. (1) of former 
subsec. (e) as subpar. (A) of subsec. (a)(4) and struck out at end 
``Within 12 months after the effective date of this section, the 
Attorney General shall submit a report to the Committees on the 
Judiciary of the House of Representatives and of the Senate concerning 
the effectiveness of such deportation proceedings in facilitating the 
deportation of aliens convicted of aggravated felonies.'', and 
redesignated par. (2) of former subsec. (e) as subpar. (B) of subsec. 
(a)(4).
    Subsec. (b). Pub. L. 103-322, Sec. 130004(a), added subsec. (b). 
Former subsec. (b) redesignated par. (2) of subsec. (a).
    Subsec. (b)(4)(D), (E). Pub. L. 103-416, Sec. 223(a), struck out 
``the determination of deportability is supported by clear, convincing, 
and unequivocal evidence and'' before ``a record is'' in subpar. (D) and 
substituted ``adjudicated'' for ``entered'' in subpar. (E).
    Subsec. (c). Pub. L. 103-322, Sec. 130004(c)(4), struck out heading 
and text of subsec. (c). Prior to amendment, text read as follows: ``An 
alien convicted of an aggravated felony shall be conclusively presumed 
to be deportable from the United States.''
    Subsec. (d). Pub. L. 103-416, Sec. 224(a), added subsec. (d).
    Pub. L. 103-322, Sec. 130004(c)(5), redesignated subsec. (d) as par. 
(3) of subsec. (a).
    Subsec. (e). Pub. L. 103-322, Sec. 130004(c)(6), redesignated 
subsec. (e) as par. (4) of subsec. (a).
    1991--Subsec. (a). Pub. L. 102-232 inserted closing parenthesis 
before period at end of first sentence.
    1990--Subsec. (d)(2). Pub. L. 101-649 struck out before period at 
end ``, unless the chief prosecutor or the judge in whose jurisdiction 
conviction occurred submits a written request to the Attorney General 
that such alien be so deported''.


                    Effective Date of 1996 Amendments

    Section 304(c)(2) of div. C of Pub. L. 104-208 provided that: ``The 
amendments made by paragraph (1) [amending this section] shall be 
effective as if included in the enactment of section 442(a) of Public 
Law 104-132.''
    Amendment by section 308(b)(5), (c)(1), (4)(A), (e)(1)(F), (2)(D), 
(10), (g)(1), (2)(A), (C), (5)(A)(ii), (C), (D), (10)(H) 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.
    Section 306(d) of div. C of Pub. L. 104-208 provided that the 
amendment made by that section is effective as if included in the 
enactment of the Antiterrorism and Effective Death Penalty Act of 1996, 
Pub. L. 104-132.
    Section 374(c) of div. C of Pub. L. 104-208 provided that: ``The 
amendment made by subsection (a)(2) [amending this section] shall be 
effective as if included in the enactment of section 224(a) of the 
Immigration and Nationality Technical Corrections Act of 1994 [Pub. L. 
103-416].''
    Amendment by section 671(b)(13) of Pub. L. 104-208 effective as if 
included in the enactment of the Immigration and Nationality Technical 
Corrections Act of 1994, Pub. L. 103-416, see section 671(b)(14) of Pub. 
L. 104-208, set out as a note under section 1101 of this title.
    Amendment by section 671(c)(5), (6) of Pub. L. 104-208 effective as 
if included in the enactment of subtitle A of title IV of the 
Antiterrorism and Effective Death Penalty Act of 1996, Pub. L. 104-132, 
see section 671(c)(7) of Pub. L. 104-208, set out as a note under 
section 1189 of this title.
    Section 442(d) of Pub. L. 104-132 provided that: ``The amendments 
made by this section [amending this section and section 1105a of this 
title] shall become effective no later than 60 days after the 
publication by the Attorney General of implementing regulations that 
shall be published on or before January 1, 1997.''


                    Effective Date of 1994 Amendments

    Amendment by section 224(a) of Pub. L. 103-416 applicable to all 
aliens whose adjudication of guilt or guilty plea is entered in the 
record after Oct. 25, 1994, see section 224(c) of Pub. L. 103-416, set 
out as a note under section 1252 of this title.
    Section 130004(d) of Pub. L. 103-322 provided that: ``The amendments 
made by this section [amending this section and section 1105a of this 
title] shall apply to all aliens against whom deportation proceedings 
are initiated after the date of enactment of this Act [Sept. 13, 
1994].''


                    Effective Date of 1990 Amendment

    Section 506(b) of Pub. L. 101-649 provided that: ``The amendment 
made by subsection (a) [amending this section] shall take effect on the 
date of the enactment of this Act [Nov. 29, 1990].''


                             Effective Date

    Section 7347(c) of Pub. L. 100-690 provided that: ``The amendments 
made by subsections (a) and (b) [enacting this section and amending 
section 1105a of this title] shall apply in the case of any alien 
convicted of an aggravated felony on or after the date of the enactment 
of this Act [Nov. 18, 1988].''


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.


                  Expanded Special Removal Proceedings

    Section 130007 of Pub. L. 103-322, as amended by Pub. L. 104-208, 
div. C, title III, Sec. 308(g)(5)(F), (10)(F), title VI, Sec. 671(a)(6), 
Sept. 30, 1996, 110 Stat. 3009-623, 3009-625, 3009-721, provided that:
    ``(a) In General.--Subject to the availability of appropriations, 
the Attorney General may expand the program authorized by section[s] 
238(a)(3) and 239(d) of the Immigration and Nationality Act [8 U.S.C. 
1228(a)(3), 1229(d)] to ensure that such aliens are immediately 
deportable upon their release from incarceration.
    ``(b) Detention and Removal of Criminal Aliens.--Subject to the 
availability of appropriations, the Attorney General may--
        ``(1) construct or contract for the construction of 2 
    Immigration and Naturalization Service Processing Centers to detain 
    criminal aliens; and
        ``(2) provide for the detention and removal of such aliens.
    ``(c) Report.--By September 30, 1996, and September 30, 1998 the 
Attorney General shall report to the Congress on the programs referred 
to in subsections (a) and (b). The report shall include an evaluation of 
the programs, an outcome-based measurement of performance, and an 
analysis of the cost effectiveness of the additional resources provided 
under this Act [see Tables for classification].
    ``(d) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this section--
        ``(1) $55,000,000 for fiscal year 1995;
        ``(2) $54,000,000 for fiscal year 1996;
        ``(3) $49,000,000 for fiscal year 1997; and
        ``(4) $2,000,000 for fiscal year 1998.''

                  Section Referred to in Other Sections

    This section is referred to in sections 1229a, 1368 of this title; 
title 18 section 3563.
