
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: 8USC1378]

 
                     TITLE 8--ALIENS AND NATIONALITY
 
                 CHAPTER 12--IMMIGRATION AND NATIONALITY
 
                       SUBCHAPTER II--IMMIGRATION
 
                         Part IX--Miscellaneous
 
Sec. 1378. Collection of data on other detained aliens


(a) In general

    The Attorney General shall regularly collect data on a nationwide 
basis on aliens being detained in the United States by the Immigration 
and Naturalization Service other than the aliens described in section 
1377 of this title, including the following information:
        (1) The number of detainees who are criminal aliens and the 
    number of detainees who are noncriminal aliens who are not seeking 
    asylum.
        (2) An identification of the ages, gender, and countries of 
    origin of detainees within each category described in paragraph (1).
        (3) The types of facilities, whether facilities of the 
    Immigration and Naturalization Service or other Federal, State, or 
    local facilities, in which each of the categories of detainees 
    described in paragraph (1) are held.

(b) Length of detention, transfers, and dispositions

    With respect to detainees who are criminal aliens and detainees who 
are noncriminal aliens who are not seeking asylum, the Attorney General 
shall also collect data concerning--
        (1) the number and frequency of transfers between detention 
    facilities for each category of detainee;
        (2) the average length of detention of each category of 
    detainee;
        (3) for each category of detainee, the number of detainees who 
    have been detained for the same length of time, in 3-month 
    increments;
        (4) for each category of detainee, the rate of release from 
    detention for each district of the Immigration and Naturalization 
    Service; and
        (5) for each category of detainee, the disposition of detention, 
    including whether detention ended due to deportation, release on 
    parole, or any other release.

(c) Criminal aliens

    With respect to criminal aliens, the Attorney General shall also 
collect data concerning--
        (1) the number of criminal aliens apprehended under the 
    immigration laws and not detained by the Attorney General; and
        (2) a list of crimes committed by criminal aliens after the 
    decision was made not to detain them, to the extent this information 
    can be derived by cross-checking the list of criminal aliens not 
    detained with other databases accessible to the Attorney General.

(d) Annual reports

    Beginning on October 1, 1999, and not later than October 1 of each 
year thereafter, the Attorney General shall submit to the Committee on 
the Judiciary of each House of Congress a report setting forth the data 
collected under subsections (a), (b), and (c) of this section for the 
fiscal year ending September 30 of that year.

(e) Availability to public

    Copies of the data collected under subsections (a), (b), and (c) of 
this section shall be made available to members of the public upon 
request pursuant to such regulations as the Attorney General shall 
prescribe.

(Pub. L. 105-277, div. A, Sec. 101(h) [title IX, Sec. 904], Oct. 21, 
1998, 112 Stat. 2681-480, 2681-542.)

                          Codification

    Section was enacted as part of the Haitian Refugee Immigration 
Fairness Act of 1998, and also as part of the Treasury and General 
Government Appropriations Act, 1999, and the Omnibus Consolidated and 
Emergency Supplemental Appropriations Act, 1999, and not as part of the 
Immigration and Nationality Act which comprises this chapter.
