
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: 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) of title 42 and 
        paragraph (2),\1\ 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\ So in original. Probably should be ``subparagraph (B),''.
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        (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 
            \2\ and (II) the removal of the alien is appropriate and in 
            the best interest of the United States; or
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    \2\ 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) 
        \3\ 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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    \3\ So in original. Probably should be subsection ``(e)''.
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                (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) \4\ 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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    \4\ 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, of which the following amounts 
may be appropriated from the Violent Crime Reduction Trust Fund:
        (A) $130,000,000 for fiscal year 1995;
        (B) $300,000,000 for fiscal year 1996;
        (C) $330,000,000 for fiscal year 1997;
        (D) $350,000,000 for fiscal year 1998;
        (E) $350,000,000 for fiscal year 1999; and
        (F) $340,000,000 for fiscal year 2000.

    (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.)

                          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

    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.


 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 to the availability of 
appropriations on and after October 1, 2004.''

                  Section Referred to in Other Sections

    This section is referred to in sections 1158, 1159, 1182, 1184, 
1229a, 1229b, 1252, 1253, 1324c, 1326, 1368, 1371, 1534, 1612, 1613, 
1622, 1641 of this title; title 7 section 2015; title 42 sections 1436a, 
13710.
