may not provide the lawfully admitted for permanent residence or otherwise would (without regard to removal proceedings) be provided such authorization.
(b) Revocation of bond or parole (c) Detention of criminal aliens (1) Custody The (A)is inadmissible by reason of having committed any offense covered in section 1182(a)(2) of this title,
is deportable by reason of having committed any offense covered in section 1227(a)(2)(A)(ii), (A)(iii), (B), (C), or (D) of this title,
is deportable under section 1227(a)(2)(A)(i) of this title on the basis of an offense for which the[1] to a term of imprisonment of at least 1 year, or
(d) Identification of criminal aliensto make available, daily (on a 24-hour basis), to Federal, State, and local authorities the investigative resources of the (B)
to designate and train officers and employees of the conviction, and release of any (C)which uses computer resources to maintain a current record of aliens who have been convicted of an aggravated felony, and indicates those who have been removed.
(2) The record under paragraph (1)(C) shall be made available—to inspectors at ports of entry and to border patrol agents at sector headquarters for purposes of immediate identification of any (B)
to officials of the Department of State for use in its automated visa lookout system.Upon the request of the governor or chief executive officer of any State, the State courts in the identification of (e) Judicial review
1996—Pub. L. 104–208, § 303(a), amended section generally. Prior to amendment, section consisted of subsecs. (a) to (e) related to proceedings to determine whethersection 1225 of this title should be allowed to enter or should be excluded and deported.
Subsecs. (a) to (d). Pub. L. 104–208, § 371(b)(5), substituted “An immigration judge” for “A special inquiry officer”, “an immigration judge” for “a special inquiry officer”, and “immigration judge” for “special inquiry officer”, wherever appearing.
1991—Subsec. (e)(1). Pub. L. 102–232 substituted “upon release of thePub. L. 101–649, § 603(a)(12), substituted “has a disease, illness, or addiction which would make thesection 1182(a) of this title” for “is afflicted with a disease specified in section 1182(a)(6) of this title, or with any mental disease, defect, or disability which would bring suchsection 1182(a) of this title” and struck out at end “If ansection 1182(a)(6) of this title, thesection 1183 of this title may be invoked.”
Statutory Notes and Related Subsidiaries Effective Date of 1996 Amendment “(1) In general.—The amendment made by subsection (a) [amending this section] shall become effective on the title III–A effective date [see section 309 of Pub. L. 104–208, set out as a note under section 1101 of this title].
“(2) Notification regarding custody.—“(A) In general.— During the period in which this paragraph is in effect pursuant to paragraph (2), the “(i)
has been convicted of an aggravated felony (as defined under section 101(a)(43) of the Immigration and Nationality Act [8 U.S.C. 1101(a)(43)], as amended by section 321 of this division),
is inadmissible by reason of having committed any offense covered in section 212(a)(2) of such Act [8 U.S.C. 1182(a)(2)],
is deportable by reason of having committed any offense covered in section 241(a)(2)(A)(ii), (A)(iii), (B), (C), or (D) of such Act [former 8 U.S.C. 1251(a)(2)(A)(ii), (A)(iii), (B), (C), (D)] (before redesignation under this subtitle), or
is inadmissible under section 212(a)(3)(B) of such Act or deportable under section 241(a)(4)(B) of such Act (before redesignation under this subtitle),
Effective Date of 1991 AmendmentAmendment by Pub. L. 102–232 effective as if included in the enactment of the Immigration Act of 1990, Pub. L. 101–649, see section 310(1) of Pub. L. 102–232, set out as a note under section 1101 of this title.
Effective Date of 1990 Amendment Abolition of Immigration and Naturalization Service and Transfer of FunctionsFor abolition of Immigration and section 1551 of this title.
Identification of Certain Deportable Aliens Awaiting Arraignment “SECTION 1. PROGRAM OF IDENTIFICATION OF CERTAIN DEPORTABLE ALIENS AWAITING ARRAIGNMENT.“(a) Establishment of Program.— Not later than 6 months after the date of the enactment of this Act [ Dec. 5, 1997 ], and subject to such amounts as are provided in appropriations Acts, the “(1)
Immigration and Nationality Act [8 U.S.C. 1227(a)(2), (4)] (as redesignated by section 305(a)(2) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996).
“(b) Description of Program.— The program authorized by subsection (a) shall include—the detail, to each incarceration facility selected under subsection (c), of at least one employee of the Immigration and “(2) provision of funds sufficient to provide for—
the detail of such employees to each selected facility on a full-time basis, including the portions of the day or night when the greatest number of individuals are incarcerated prior to arraignment;
access for such employees to records of the “(C) in the case of an individual identified as such an “(c) Selection of Facilities.— “(1) In general.— The “(A)The facility is owned by the government of a local political subdivision described in clause (i) or (ii) of subparagraph (C).
Such government has submitted a request for such selection to the “(C) The facility is located— in a county that is determined by the “(ii) in a city, town, or other analogous local political subdivision, that is determined by the “(D) The facility incarcerates or processes individuals prior to their arraignment on criminal charges.“(2) Number of qualifying subdivisions.— For any fiscal year, the total number of local political subdivisions determined under clauses (i) and (ii) of paragraph (1)(C) to meet the standard in such clauses shall be the following:
For fiscal year 1999, not less than 10 and not more than 25. For fiscal year 2000, not less than 25 and not more than 50. For fiscal year 2001, not more than 75. For fiscal year 2002, not more than 100.For fiscal year 2003 and subsequent fiscal years, 100, or such other number of political subdivisions as may be specified in appropriations Acts.
“(3) Facilities in interior states.—For any fiscal year, of the local political subdivisions determined under clauses (i) and (ii) of paragraph (1)(C) to meet the standard in such clauses, not less than 20 percent shall be in “(4) Treatment of certain facilities.—
All of the incarceration facilities within the county of Orange, California, and the county of Ventura, California, that are owned by the government of a local political subdivision, and satisfy the requirements of paragraph (1)(D), shall be selected for participation in the program.