
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: 8USC1368]

 
                     TITLE 8--ALIENS AND NATIONALITY
 
                 CHAPTER 12--IMMIGRATION AND NATIONALITY
 
                       SUBCHAPTER II--IMMIGRATION
 
                         Part IX--Miscellaneous
 
Sec. 1368. Increase in INS detention facilities; report on 
        detention space
        

(a) Increase in detention facilities

    Subject to the availability of appropriations, the Attorney General 
shall provide for an increase in the detention facilities of the 
Immigration and Naturalization Service to at least 9,000 beds before the 
end of fiscal year 1997.

(b) Report on detention space

                           (1) In general

        Not later than 6 months after September 30, 1996, and every 6 
    months thereafter, the Attorney General shall submit a report to the 
    Committees on the Judiciary of the House of Representatives and of 
    the Senate estimating the amount of detention space that will be 
    required, during the fiscal year in which the report is submitted 
    and the succeeding fiscal year, to detain--
            (A) all aliens subject to detention under section 1226(c) of 
        this title and section 1231(a) of this title;
            (B) all inadmissible or deportable aliens subject to 
        proceedings under section 1228 of this title or section 
        1225(b)(2)(A) or 1229a of this title; and
            (C) other inadmissible or deportable aliens in accordance 
        with the priorities established by the Attorney General.

    (2) Estimate of number of aliens released into the community

        (A) Criminal aliens

            (i) In general

                The first report submitted under paragraph (1) shall 
            include an estimate of the number of criminal aliens who, in 
            each of the 3 fiscal years concluded prior to the date of 
            the report--
                    (I) were released from detention facilities of the 
                Immigration and Naturalization Service (whether operated 
                directly by the Service or through contract with other 
                persons or agencies); or
                    (II) were not taken into custody or detention by the 
                Service upon completion of their incarceration.
            (ii) Aliens convicted of aggravated felonies

                The estimate under clause (i) shall estimate separately, 
            with respect to each year described in such clause, the 
            number of criminal aliens described in such clause who were 
            convicted of an aggravated felony.

        (B) All inadmissible or deportable aliens

            The first report submitted under paragraph (1) shall also 
        estimate the number of inadmissible or deportable aliens who 
        were released into the community due to a lack of detention 
        facilities in each of the 3 fiscal years concluded prior to the 
        date of the report notwithstanding circumstances that the 
        Attorney General believed justified detention (for example, a 
        significant probability that the released alien would not 
        appear, as agreed, at subsequent exclusion or deportation 
        proceedings).

        (C) Subsequent reports

            Each report under paragraph (1) following the first such 
        report shall include the estimates under subparagraphs (A) and 
        (B), made with respect to the 6-month period immediately 
        preceding the date of the submission of the report.

(Pub. L. 104-208, div. C, title III, Secs. 308(g)(10)(G), 386, Sept. 30, 
1996, 110 Stat. 3009-625, 3009-653.)

                          Codification

    Section was enacted as part of the Illegal Immigration Reform and 
Immigrant Responsibility Act of 1996, and also as part of the Omnibus 
Consolidated Appropriations Act, 1997, and not as part of the 
Immigration and Nationality Act which comprises this chapter.


                               Amendments

    1996--Subsec. (b). Pub. L. 104-208, Sec. 308(g)(10)(G), substituted 
``inadmissible'' for ``excludable'' in pars. (1)(B), (C) and (2)(B).


                    Effective Date of 1996 Amendment

    Amendment by section 308(g)(10)(G) of Pub. L. 104-208 effective, 
with certain transitional provisions, on the first day of the first 
month beginning more than 180 days after Sept. 30, 1996, see section 309 
of Pub. L. 104-208, set out as a note under section 1101 of this title.
