8 U.S.C. § 1231 — Detention and removal of aliens ordered

Page 325 TITLE 8—ALIENS AND NATIONALITY § 1231 1 See References in Text note below. 2 So in original. Probably should be ‘‘subparagraph (B),’’. 3 So in original. Probably should be followed by a closing parenthesis. § 1230. Records of admission (a) The Attorney General shall cause to be filed, as a record of admission of each immi- grant, the immigrant visa required by section 1201(e) of this title to be surrendered at the port of entry by the arriving alien to an immigration officer. (b) The Attorney General shall cause to be filed such record of the admission into the United States of each immigrant admitted under section 1181(b) of this title and of each nonimmigrant as the Attorney General deems necessary for the enforcement of the immigra- tion laws. (June 27, 1952, ch. 477, title II, ch. 4, § 240C, for- merly § 240, 66 Stat. 204; renumbered § 240C and amended Pub. L. 104–208, div. C, title III, §§ 304(a)(2), 308(f)(1)(K), Sept. 30, 1996, 110 Stat. 3009–587, 3009–621.) Editorial Notes AMENDMENTS 1996—Subsec. (b). Pub. L. 104–208, § 308(f)(1)(K), sub- stituted ‘‘admission’’ for ‘‘entry’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1996 AMENDMENT Amendment by 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. ABOLITION OF IMMIGRATION AND NATURALIZATION SERVICE AND TRANSFER OF FUNCTIONS 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. § 1231. Detention and removal of aliens ordered removed (a) Detention, release, and removal of aliens or- dered removed (1) Removal period (A) In general Except as otherwise provided in this sec- tion, 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 ‘‘re- moval period’’). (B) Beginning of period The removal period begins on the latest of the following: (i) The date the order of removal be- comes administratively final. (ii) If the removal order is judicially re- viewed 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 be- yond 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 de- parture or conspires or acts to prevent the alien’s removal subject to an order of re- moval. (2) Detention During the removal period, the Attorney General shall detain the alien. Under no cir- cumstance 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 deport- able 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 Gen- eral. The regulations shall include provisions requiring the alien— (A) to appear before an immigration offi- cer 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, hab- its, 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) 1 of title 42 and paragraph (2),2 the Attorney General may not remove an alien who is sen- tenced to imprisonment until the alien is re- leased from imprisonment. Parole, super- vised release, probation, or possibility of ar- rest or further imprisonment is not a reason to defer removal. (B) Exception for removal of nonviolent of- fenders prior to completion of sentence of imprisonment The Attorney General is authorized to re- move an alien in accordance with applicable procedures under this chapter before the alien has completed a sentence of imprison- ment— (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 3 and (II) the removal of the alien is Page 326 TITLE 8—ALIENS AND NATIONALITY § 1231 appropriate and in the best interest of the United States; or (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 incarcer- ation of the alien determines that (I) the alien is confined pursuant to a final con- viction 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 in- terest 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 para- graph 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 vol- untarily, 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 inadmis- sible 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 deter- mined 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 sub- ject 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 in- terest. (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 pro- ceedings under section 1229a of this title were initiated at the time of such alien’s ar- rival shall be removed to the country in which the alien boarded the vessel or air- craft 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 for- eign 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 ter- ritory or island. (C) Alternative countries If the government of the country des- ignated in subparagraph (A) or (B) is unwill- ing to accept the alien into that country’s territory, removal shall be to any of the fol- lowing countries, as directed by the Attor- ney 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 de- scribed in a previous clause of this sub- paragraph is impracticable, inadvisable, or impossible. (2) Other aliens Subject to paragraph (3)— (A) Selection of country by alien Except as otherwise provided in this para- graph— (i) any alien not described in paragraph (1) who has been ordered removed may des- ignate 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 des- ignates. (B) Limitation on designation An alien may designate under subpara- graph (A)(i) a foreign territory contiguous to the United States, an adjacent island, or an island adjacent to a foreign territory contig- uous 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 terri- tory or island. (C) Disregarding designation The Attorney General may disregard a des- ignation under subparagraph (A)(i) if— Page 327 TITLE 8—ALIENS AND NATIONALITY § 1231 (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 govern- ment will accept the alien into the coun- try; (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 preju- dicial to the United States. (D) Alternative country If an alien is not removed to a country des- ignated under subparagraph (A)(i), the At- torney General shall remove the alien to a country of which the alien is a subject, na- tional, 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 in- quires 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 re- move the alien to any of the following coun- tries: (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 or- dered removed. (vii) If impracticable, inadvisable, or im- possible to remove the alien to each coun- try described in a previous clause of this subparagraph, another country whose gov- ernment 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 impracti- cable, inadvisable, inconvenient, or impos- sible to remove an alien under this sub- section because of the war, the Attorney General may remove the alien— (i) to the country that is host to a gov- ernment in exile of the country of which the alien is a citizen or subject if the gov- ernment 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, member- ship 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 de- cides 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 opin- ion; (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 non- political crime outside the United States before the alien arrived in the United States; or (iv) there are reasonable grounds to be- lieve that the alien is a danger to the secu- rity 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 sen- tenced to an aggregate term of imprison- ment of at least 5 years shall be considered to have committed a particularly serious crime. The previous sentence shall not pre- clude the Attorney General from deter- mining that, notwithstanding the length of sentence imposed, an alien has been con- victed of a particularly serious crime. For purposes of clause (iv), an alien who is de- scribed in section 1227(a)(4)(B) of this title shall be considered to be an alien with re- spect to whom there are reasonable grounds for regarding as a danger to the security of the United States. (C) Sustaining burden of proof; credibility determinations In determining whether an alien has dem- onstrated that the alien’s life or freedom would be threatened for a reason described Page 328 TITLE 8—ALIENS AND NATIONALITY § 1231 4 So in original. Probably should be subsection ‘‘(e),’’. in subparagraph (A), the trier of fact shall determine whether the alien has sustained the alien’s burden of proof, and shall make credibility determinations, in the manner described in clauses (ii) and (iii) of section 1158(b)(1)(B) of this title. (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 re- moved 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 ac- cordance with section 1225(a)(1) of this title, (ii) who has requested asylum, and (iii) whose application has not been adju- dicated 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 re- moval 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 be- cause of a stay of removal under subpara- graph (A)(ii), the Attorney General may pay from the appropriation ‘‘Immigration and Naturalization Service—Salaries and Ex- penses’’— (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 Attor- ney General; (ii) condition that the alien appear when required as a witness and for removal; and (iii) other conditions the Attorney Gen- eral may prescribe. (3) Costs of detention and maintenance pend- ing removal (A) In general Except as provided in subparagraph (B) and subsection (d),4 an owner of a vessel or aircraft bringing an alien to the United States shall pay the costs of detaining and maintaining the alien— (i) while the alien is detained under sub- section (d)(1), and (ii) in the case of an alien who is a stow- away, while the alien is being detained pursuant to— (I) subsection (d)(2)(A) or (d)(2)(B)(i), (II) subsection (d)(2)(B)(ii) or (iii) 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 holi- days) 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 admis- sion 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 in- spection 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 ex- istence of the condition relating to inad- missibility 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 na- tional of the United States and has a United States passport. (d) Requirements of persons providing transpor- tation (1) Removal at time of arrival An owner, agent, master, commanding offi- cer, 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 Page 329 TITLE 8—ALIENS AND NATIONALITY § 1231 5 So in original. Probably should be ‘‘1225(b)(1)’’. 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 offi- cer, charterer, or consignee of a vessel or air- craft arriving in the United States with an alien stowaway— (A) shall detain the alien on board the ves- sel or aircraft, or at such place as the Attor- ney General shall designate, until comple- tion of the inspection of the alien by an im- migration officer; (B) may not permit the stowaway to land in the United States, except pursuant to reg- ulations of the Attorney General tempo- rarily— (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 re- quest to remove the stowaway under subpara- graph (C) on a vessel or aircraft other than that on which the stowaway arrived if the re- quester 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 offi- cer, 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 chap- ter. (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 hear- ing under section 1225(a)(1) 5 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 air- craft (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 ar- rived in the United States, the Attorney Gen- eral may— (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 con- signee 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 admit- ted or permitted to land and is ordered re- moved, 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 perma- nent 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 grant- ed 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 re- moval (1) In general If the Attorney General believes that an alien being removed requires personal care be- cause of the alien’s mental or physical condi- tion, the Attorney General may employ a suit- able person for that purpose who shall accom- pany and care for the alien until the alien ar- rives 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 accom- panied alien is defrayed under this section. Page 330 TITLE 8—ALIENS AND NATIONALITY § 1231 (g) Places of detention (1) In general The Attorney General shall arrange for ap- propriate places of detention for aliens de- tained pending removal or a decision on re- moval. When United States Government facili- ties are unavailable or facilities adapted or suitably located for detention are unavailable for rental, the Attorney General may expend from the appropriation ‘‘Immigration and Nat- uralization Service—Salaries and Expenses’’, without regard to section 6101 of title 41, amounts necessary to acquire land and to ac- quire, build, remodel, repair, and operate fa- cilities (including living quarters for immigra- tion officers if not otherwise available) nec- essary for detention. (2) Detention facilities of the Immigration and Naturalization Service Prior to initiating any project for the con- struction of any new detention facility for the Service, the Commissioner shall consider the availability for purchase or lease of any exist- ing 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 offi- cers 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 deter- mined 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 incarcer- ation 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 pris- oner 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 in- spection or at any time or place other than as designated by the Attorney General; (ii) was the subject of exclusion or deporta- tion 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 non- immigrant status in which the alien was ad- mitted or to which it was changed under sec- tion 1258 of this title, or to comply with the conditions of any such status. (4)(A) In carrying out paragraph (1), the Attor- ney 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 se- curity appropriate to the crimes for which they were convicted. (5) There are authorized to be appropriated to carry out this subsection— (A) $750,000,000 for fiscal year 2006; (B) $850,000,000 for fiscal year 2007; and (C) $950,000,000 for each of the fiscal years 2008 through 2011. (6) Amounts appropriated pursuant to the au- thorization of appropriations in paragraph (5) that are distributed to a State or political sub- division of a State, including a municipality, may be used only for correctional purposes. (June 27, 1952, ch. 477, title II, ch. 4, § 241, as added and amended Pub. L. 104–208, div. C, title III, §§ 305(a)(3), 306(a)(1), 328(a)(1), Sept. 30, 1996, 110 Stat. 3009–598, 3009–607, 3009–630; Pub. L. 107–273, div. C, title I, § 11014, Nov. 2, 2002, 116 Stat. 1824; Pub. L. 109–13, div. B, title I, § 101(c), May 11, 2005, 119 Stat. 303; Pub. L. 109–162, title XI, § 1196(a), (b), Jan. 5, 2006, 119 Stat. 3130.) Editorial Notes REFERENCES IN TEXT Section 259 of title 42, referred to in subsec. (a)(4)(A), was repealed by Pub. L. 106–310, div. B, title XXXIV, § 3405(a), Oct. 17, 2000, 114 Stat. 1221. This chapter, referred to in subsecs. (a)(4)(B), (5), (d)(3), and (e)(2), (3)(A), (C), was in the original, ‘‘this Act’’, meaning act June 27, 1952, ch. 477, 66 Stat. 163, known as the Immigration and Nationality Act, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 1101 of this title and Tables. CODIFICATION In subsec. (g)(1), ‘‘section 6101 of title 41’’ substituted for ‘‘section 3709 of the Revised Statutes (41 U.S.C. 5)’’ on authority of Pub. L. 111–350, § 6(c), Jan. 4, 2011, 124 Stat. 3854, which Act enacted Title 41, Public Con- tracts. 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, § 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, § 20301(a), 108 Stat. 1823. PRIOR PROVISIONS A prior section 241 of act June 27, 1952, was renum- bered section 237, and is classified to section 1227 of this title. AMENDMENTS 2006—Subsec. (i)(5). Pub. L. 109–162, § 1196(a), sub- stituted ‘‘appropriated to carry out this subsection—’’ for ‘‘appropriated such sums as may be necessary to carry out this subsection in fiscal years 2003 and 2004.’’ and added subpars. (A) to (C). Subsec. (i)(6). Pub. L. 109–162, § 1196(b), amended par. (6) generally. Prior to amendment, par. (6) read as fol- lows: ‘‘To the extent of available appropriations, funds Page 331 TITLE 8—ALIENS AND NATIONALITY § 1231 otherwise made available under this section with re- spect 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.’’ 2005—Subsec. (b)(3)(C). Pub. L. 109–13 added subpar. (C). 2002—Subsec. (i)(5). Pub. L. 107–273 substituted ‘‘in fis- cal years 2003 and 2004’’ for provisions which authorized specified amounts to be appropriated from the Violent Crime Reduction Trust Fund for fiscal years 1995 to 2002 as set out in subpars. (A) to (F). 1996—Subsec. (i). Pub. L. 104–208, § 306(a)(1), redesig- nated 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, § 328(a)(1)(A), sub- stituted ‘‘felony or two or more misdemeanors’’ for ‘‘felony and sentenced to a term of imprisonment’’. Subsec. (i)(6). Pub. L. 104–208, § 328(a)(1)(B), added par. (6). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2006 AMENDMENT Pub. L. 109–162, title XI, § 1196(d), as added by Pub. L. 109–271, § 8(n)(6), Aug. 12, 2006, 120 Stat. 768, provided that: ‘‘The amendments made by subsections (a) and (b) [amending this section] shall take effect on October 1, 2006.’’ EFFECTIVE DATE OF 2005 AMENDMENT Amendment by Pub. L. 109–13 effective May 11, 2005, and applicable to applications for asylum, withholding, or other relief from removal made on or after such date, see section 101(h)(2) of Pub. L. 109–13, set out as a note under section 1158 of this title. EFFECTIVE DATE OF 1996 AMENDMENT Amendment by section 306(a)(1) of Pub. L. 104–208 ap- plicable 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 sec- tion 1252 of this title. Pub. L. 104–208, div. C, title III, § 328(a)(2), Sept. 30, 1996, 110 Stat. 3009–630, 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 provi- sions, 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. ABOLITION OF IMMIGRATION AND NATURALIZATION SERVICE AND TRANSFER OF FUNCTIONS 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. UNITED STATES POLICY WITH RESPECT TO INVOLUN- TARY RETURN OF PERSONS IN DANGER OF SUBJECTION TO TORTURE Pub. L. 105–277, div. G, subdiv. B, title XXII, § 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, re- gardless 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 pro- visos contained in the United States Senate resolution of ratification of the Convention. ‘‘(c) EXCLUSION OF CERTAIN ALIENS.—To the max- imum extent consistent with the obligations of the United States under the Convention, subject to any res- ervations, understandings, declarations, and provisos contained in the United States Senate resolution of ratification of the Convention, the regulations de- scribed in subsection (b) shall exclude from the protec- tion 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 adopt- ed to implement this section, and nothing in this sec- tion shall be construed as providing any court jurisdic- tion to consider or review claims raised under the Con- vention 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 At- torney General to detain any person under any provi- sion 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 Conven- tion, subject to any reservations, understandings, declarations, and provisos contained in the United States Senate resolution of ratification of the Con- vention.’’ REFERENCES TO ORDER OF REMOVAL DEEMED TO INCLUDE ORDER OF EXCLUSION AND DEPORTATION For purposes of carrying out this chapter, any ref- erence in law to an order of removal is deemed to in- clude a reference to an order of exclusion and deporta- tion 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 Pub. L. 104–208, div. C, title III, § 387, Sept. 30, 1996, 110 Stat. 3009–655, 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 feasi- bility 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 se- lecting real property at a military base for use as a de- tention center under the pilot program, the Attorney General and the Secretary shall consult with the rede- velopment 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 Attor- ney General, together with the Secretary of Defense, shall submit a report to the Committees on the Judici- Page 332 TITLE 8—ALIENS AND NATIONALITY § 1232 ary 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 Naturaliza- tion 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 Amend- ments 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 Pub. L. 104–208, div. C, title III, § 388, Sept. 30, 1996, 110 Stat. 3009–655, 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 Com- mittees on the Judiciary of the House of Representa- tives 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, § 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 Attor- ney 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 de- ported 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 Pub. L. 103–322, title II, § 20301(c), Sept. 13, 1994, 108 Stat. 1824, as amended by Pub. L. 104–208, div. C, title III, § 308(g)(5)(G), Sept. 30, 1996, 110 Stat. 3009–623, pro- vided that notwithstanding subsec. (h)(5) [(i)(5)] of this section the requirements of subsec. (h) [i] of this sec- tion were not to be subject to the availability of appro- priations on and after Oct. 1, 2004, prior to repeal by Pub. L. 109–162, title XI, § 1172(c), Jan. 5, 2006, 119 Stat. 3123. § 1232. Enhancing efforts to combat the traf- ficking of children (a) Combating child trafficking at the border and ports of entry of the United States (1) Policies and procedures In order to enhance the efforts of the United States to prevent trafficking in persons, the Secretary of Homeland Security, in conjunc- tion with the Secretary of State, the Attorney General, and the Secretary of Health and Human Services, shall develop policies and procedures to ensure that unaccompanied alien children in the United States are safely repatriated to their country of nationality or of last habitual residence. (2) Special rules for children from contiguous countries (A) Determinations Any unaccompanied alien child who is a national or habitual resident of a country that is contiguous with the United States shall be treated in accordance with subpara- graph (B), if the Secretary of Homeland Se- curity determines, on a case-by-case basis, that— (i) such child has not been a victim of a severe form of trafficking in persons, and there is no credible evidence that such child is at risk of being trafficked upon re- turn to the child’s country of nationality or of last habitual residence; (ii) such child does not have a fear of re- turning to the child’s country of nation- ality or of last habitual residence owing to a credible fear of persecution; and (iii) the child is able to make an inde- pendent decision to withdraw the child’s application for admission to the United States. (B) Return An immigration officer who finds an unac- companied alien child described in subpara- graph (A) at a land border or port of entry of the United States and determines that such child is inadmissible under the Immigration and Nationality Act (8 U.S.C. 1101 et seq.) may— (i) permit such child to withdraw the child’s application for admission pursuant to section 235(a)(4) of the Immigration and Nationality Act (8 U.S.C. 1225(a)(4)); and (ii) return such child to the child’s coun- try of nationality or country of last habit- ual residence. (C) Contiguous country agreements The Secretary of State shall negotiate agreements between the United States and countries contiguous to the United States with respect to the repatriation of children. Such agreements shall be designed to pro- tect children from severe forms of traf- ficking in persons, and shall, at a minimum, provide that— (i) no child shall be returned to the child’s country of nationality or of last ha- bitual residence unless returned to appro- priate employees or officials, including child welfare officials where available, of the accepting country’s government; (ii) no child shall be returned to the child’s country of nationality or of last ha- bitual residence outside of reasonable busi- ness hours; and (iii) border personnel of the countries that are parties to such agreements are trained in the terms of such agreements. (3) Rule for other children The custody of unaccompanied alien chil- dren not described in paragraph (2)(A) who are apprehended at the border of the United States or at a United States port of entry shall be treated in accordance with subsection (b). (4) Screening Within 48 hours of the apprehension of a child who is believed to be described in para- graph (2)(A), but in any event prior to return- ing such child to the child’s country of nation- ality or of last habitual residence, the child shall be screened to determine whether the