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8 U.S. Code § 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 analien is ordered removed, theAttorney General shall remove the alienfrom the United Stateswithin a period of 90 days (in this section referred to as the “removal period”).

(B) Beginning of periodThe 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 thealien, the date of the court’s final order.

(iii)

If thealien is detained or confined (except under an immigration process), the date thealien is released from detention or confinement.

The removal period shall be extended beyond a period of 90 days and thealien may remain in detention during such extended period if thealien fails or refuses to make timely application in good faith for travel or other documents necessary to thealien’s departure or conspires or acts to prevent thealien’s removal subject to an order of removal.

(2) Detention

(A) In general

During the removal period, theAttorney General shall detain the alien. Under no circumstance during the removal period shall theAttorney General release an alienwho has been found inadmissible under section1182(a)(2) or1182(a)(3)(B) of this title or deportable under section1227(a)(2) or1227(a)(4)(B) of this title.

(B) Enforcement by attorney general of a State

Theattorney general of a State, or other authorized Stateofficer, alleging a violation of the detention requirement under subparagraph (A) that harms such Stateor its residents shall have standing to bring an action against theSecretary of Homeland Security on behalf of such Stateor the residents of such Statein an appropriate district court of the United Statesto obtain appropriate injunctive relief. The court shall advance on the docket and expedite the disposition of a civil action filed under this subparagraph to the greatest extent practicable. For purposes of this subparagraph, a Stateor its residents shall be considered to have been harmed if the Stateor its residents experience harm, including financial harm in excess of $100.

(3) Supervision after 90-day periodIf thealien does not leave or is not removed within the removal period, thealien, pending removal, shall be subject to supervision under regulations prescribed by theAttorney General. The regulations shall include provisions requiring the alien—

(A)

to appear before animmigration officer periodically for identification;

(B)

to submit, if necessary, to a medical and psychiatric examination at the expense of theUnited States Government;

(C)

to give information under oath about thealien’s nationality, circumstances, habits, associations, and activities, and other information theAttorney General considers appropriate; and

(D)

to obey reasonable written restrictions on thealien’s conduct or activities that theAttorney 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 Generalmay not remove an alienwho is sentenced to imprisonment until the alienis released from imprisonment. Parole, supervised release, probation, or possibility of arrest or further imprisonment is not a reason to defer removal.

(B) Exception for removal of nonviolent offenders prior to completion of sentence of imprisonmentTheAttorney General is authorized to remove an alienin accordance with applicable procedures under this chapter before the alienhas completed a sentence of imprisonment—

(i)

in the case of analien in the custody of theAttorney General, if theAttorney General determines that (I) the alienis confined pursuant to a final convictionfor a nonviolent offense (other than an offense related to smuggling or harboring of aliensor an offense described in section 1101(a)(43)(B), (C), (E), (I), or (L) of this title [3] and (II) the removal of the alienis appropriate and in the best interest of the United States; or

(ii)

in the case of analien in the custody of aState (or a political subdivision of aState), if the chiefState official exercising authority with respect to the incarceration of the aliendetermines that (I) the alienis confined pursuant to a finalconviction 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 theAttorney General that such alienbe so removed.

Anyalien removed pursuant to this paragraph shall be notified of the penalties under the laws of theUnited States relating to the reentry of deported aliens, particularly the expanded penalties for aliensremoved under subparagraph (B).

(D) No private right

No cause or claim may be asserted under this paragraph against any official of theUnited States or of any Stateto compel the release, removal, or consideration for release or removal of any alien.

(5) Reinstatement of removal orders against aliens illegally reentering

If theAttorney General finds that an alienhas reentered the United Statesillegally 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 alienis not eligible and may not apply for any relief under this chapter, and the alienshall be removed under the prior order at any time after the reentry.

(6) Inadmissible or criminal aliens

Analien ordered removed who is inadmissible undersection 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 Generalto 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 authorizationNoalien ordered removed shall be eligible to receive authorization to be employed in theUnited States unless theAttorney General makes a specific finding that—

(A)

thealien cannot be removed due to the refusal of all countries designated by thealien or under this section to receive thealien, or

(B)

the removal of thealien is otherwise impracticable or contrary to the public interest.

(b) Countries to which aliens may be removed

(1) Aliens arriving at the United StatesSubject to paragraph (3)—

(A) In general

Except as provided by subparagraphs (B) and (C), analien who arrives at theUnited States and with respect to whom proceedings undersection 1229a of this title were initiated at the time of such alien’s arrival shall be removed to the country in which the alienboarded the vessel or aircraft on which the alienarrived in the United States.

(B) Travel from contiguous territory

If thealien boarded the vessel or aircraft on which thealien arrived in theUnited States in a foreign territory contiguous to theUnited States, an island adjacent to theUnited States, or an island adjacent to a foreign territory contiguous to theUnited States, and the alienis not a native, citizen, subject, or nationalof, or does not reside in, the territory or island, removal shall be to the country in which the alienboarded the vessel that transported the aliento the territory or island.

(C) Alternative countriesIf the government of the country designated in subparagraph (A) or (B) is unwilling to accept thealien into that country’s territory, removal shall be to any of the following countries, as directed by theAttorney General:

(i)

The country of which thealien is a citizen, subject, ornational.

(ii)

The country in which thealien was born.

(iii)

The country in which thealien has aresidence.

(iv)

A country with a government that will accept thealien 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 aliensSubject to paragraph (3)—

(A) Selection of country by alienExcept as otherwise provided in this paragraph—

(i)

anyalien not described in paragraph (1) who has been ordered removed may designate one country to which thealien wants to be removed, and

(ii)

theAttorney General shall remove the aliento the country the alienso designates.

(B) Limitation on designation

Analien may designate under subparagraph (A)(i) a foreign territory contiguous to theUnited States, an adjacent island, or an island adjacent to a foreign territory contiguous to theUnited States as the place to which the alienis to be removed only if the alienis a native, citizen, subject, or nationalof, or has resided in, that designated territory or island.

(i)

thealien fails to designate a country promptly;

(ii)

the government of the country does not inform theAttorney General finally, within 30 days after the date theAttorney General first inquires, whether the government will accept the alieninto the country;

(iii)

the government of the country is not willing to accept thealien into the country; or

(iv)

theAttorney General decides that removing the aliento the country is prejudicial to the United States.

(D) Alternative countryIf analien is not removed to a country designated under subparagraph (A)(i), theAttorney General shall remove the aliento a country of which the alienis a subject, national, or citizen unless the government of the country—

(i)

does not inform theAttorney General or the alienfinally, within 30 days after the date theAttorney General first inquires or within another period of time theAttorney General decides is reasonable, whether the government will accept the alieninto the country; or

(ii)

is not willing to accept thealien into the country.

(E) Additional removal countriesIf analien is not removed to a country under the previous subparagraphs of this paragraph, theAttorney General shall remove the aliento any of the following countries:

(i)

The country from which thealien was admitted to theUnited States.

(ii)

The country in which is located the foreign port from which thealien left for theUnited States or for a foreign territory contiguous to theUnited States.

(iii)

A country in which thealien resided before thealien entered the country from which thealien entered theUnited States.

(iv)

The country in which thealien was born.

(v)

The country that had sovereignty over thealien’s birthplace when thealien was born.

(vi)

The country in which thealien’s birthplace is located when thealien is ordered removed.

(vii)

If impracticable, inadvisable, or impossible to remove thealien to each country described in a previous clause of this subparagraph, another country whose government will accept thealien into that country.

(F) Removal country when United States is at warWhen theUnited States is at war and theAttorney General decides that it is impracticable, inadvisable, inconvenient, or impossible to remove an alienunder this subsection because of the war, theAttorney General may remove the alien—

(i)

to the country that is host to a government in exile of the country of which thealien is a citizen or subject if the government of the host country will permit thealien’s entry; or

(ii)

if the recognized government of the country of which thealien 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 thealien is a citizen or subject, or, with the consent of the government of the country of which thealien 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), theAttorney General may not remove an aliento a country if theAttorney 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) ExceptionSubparagraph (A) does not apply to analien deportable undersection 1227(a)(4)(D) of this title or if the Attorney Generaldecides that—

(i)

thealien 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)

thealien, having been convicted by a final judgment of a particularly serious crime is a danger to the community of theUnited States;

(iii)

there are serious reasons to believe that thealien committed a serious nonpolitical crime outside theUnited States before the alienarrived in theUnited States; or

(iv)

there are reasonable grounds to believe that thealien is a danger to the security of theUnited States.

For purposes of clause (ii), analien who has been convicted of an aggravated felony (or felonies) for which thealien 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 theAttorney General from determining that, notwithstanding the length of sentence imposed, an alienhas been convicted of a particularly serious crime. For purposes of clause (iv), an alienwho is described insection 1227(a)(4)(B) of this title shall be considered to be an alienwith respect to whom there are reasonable grounds for regarding as a danger to the security of the United States.

In determining whether analien has demonstrated that thealien’s life or freedom would be threatened for a reason described in subparagraph (A), the trier of fact shall determine whether thealien has sustained thealien’s burden of proof, and shall make credibility determinations, in the manner described in clauses (ii) and (iii) ofsection 1158(b)(1)(B) of this title.

(1) Vessels and aircraftAnalien arriving at a port of entry of theUnited States who is ordered removed either without a hearing under section1225(b)(1) or1225(c) of this title or pursuant to proceedings undersection 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 alienarrived in the United States, unless—

(A)

it is impracticable to remove thealien on one of those vessels or aircraft within a reasonable time, or

(B) thealien is astowaway—

(i)

who has been ordered removed in accordance withsection 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 generalTheAttorney General may stay the removal of an alienunder this subsection if theAttorney General decides that—

(i)

immediate removal is not practicable or proper; or

(ii)

thealien is needed to testify in the prosecution of a person for a violation of a law of theUnited States or of any State.

(B) Payment of detention costsDuring the period analien is detained because of a stay of removal under subparagraph (A)(ii), theAttorney General may pay from the appropriation “Immigration and NaturalizationService—Salaries and Expenses”—

(i)

the cost of maintenance of thealien; and

(ii)

a witness fee of $1 a day.

(i)

thealien’s filing a bond of at least $500 with security approved by theAttorney General;

(ii)

condition that thealien appear when required as a witness and for removal; and

(iii)

other conditions theAttorney General may prescribe.

(3) Costs of detention and maintenance pending removal

(A) In generalExcept as provided in subparagraph (B) and subsection (d),[4] an owner of a vessel or aircraft bringing an aliento the United Statesshall pay the costs of detaining and maintaining the alien—

(i)

while thealien is detained under subsection (d)(1), and

(ii) in the case of analien who is astowaway, while the alienis 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 thestowaway, 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 thestowaway 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 stowawayfor inspection or at the time the stowawayis determined to have a credible fear of persecution.

(B) NonapplicationSubparagraph (A) shall not apply if—

(i)

thealien is a crewmember;

(ii)

thealien has animmigrant visa;

(iii)

thealien has anonimmigrant visa or other documentation authorizing the aliento apply for temporary admission to the United Statesand applies for admission not later than 120 days after the date the visa or documentation was issued;

(iv)

thealien has a reentry permit and applies for admission not later than 120 days after the date of thealien’s last inspection and admission;

(v)

(I)

thealien has anonimmigrant visa or other documentation authorizing the aliento apply for temporary admission to the United Statesor a reentry permit;

(II)

thealien 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 theAttorney General that the existence of the condition relating to inadmissibility could not have been discovered by exercising reasonable care before the alienboarded the vessel or aircraft; or

(vi)

the individual claims to be anational of the United States and has a United Statespassport.

(d) Requirements of persons providing transportation

(1) Removal at time of arrivalAn owner, agent, master, commanding officer, person in charge, purser, or consignee of a vessel or aircraft bringing analien (except analien crewmember) to theUnited States shall—

(A)

receive analien back on the vessel or aircraft or another vessel or aircraft owned or operated by the same interests if thealien is ordered removed under this part; and

(B)

take thealien to the foreign country to which thealien is ordered removed.

(2) Alien stowawaysAn owner, agent, master, commanding officer, charterer, or consignee of a vessel or aircraft arriving in theUnited States with an alien stowaway—

(A)

shall detain thealien on board the vessel or aircraft, or at such place as theAttorney General shall designate, until completion of the inspection of the alienby animmigration officer;

(B) may not permit thestowaway to land in theUnited States, except pursuant to regulations of theAttorney General temporarily—

(i)

for medical treatment,

(ii)

for detention of thestowaway by theAttorney General, or

(iii)

for departure or removal of thestowaway; and

(C)

if ordered by animmigration officer, shall remove the stowawayon the vessel or aircraft or on another vessel or aircraft.

TheAttorney General shall grant a timely request to remove the stowawayunder subparagraph (C) on a vessel or aircraft other than that on which the stowawayarrived if the requester has obtained any travel documents necessary for departure or repatriation of the stowawayand removal of the stowawaywill 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 theAttorney General to take on board, guard safely, and transport to the destination specified any alienordered to be removed under this chapter.

(e) Payment of expenses of removal

(1) Costs of removal at time of arrivalIn the case of analien who is astowaway or who is ordered removed either without a hearing undersection 1225(a)(1) [5] or 1225(c) of this title or pursuant to proceedings undersection 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 alienarrived in the United Statesshall 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 alienarrived in the United States, the Attorney Generalmay—

(A)

pay the cost from the appropriation “Immigration andNaturalization 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 thealien arrived in theUnited States.

(2) Costs of removal to port of removal for aliens admitted or permitted to land

In the case of analien who has been admitted or permitted to land and is ordered removed, the cost (if any) of removal of thealien 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 analien who has been admitted or permitted to land and is ordered removed, the cost (if any) of removal of thealien 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 analien described in clause (ii), the cost of removal of thealien from the port of removal may be charged to any owner of the vessel, aircraft, or other transportation line by which thealien came to theUnited States.

(ii) Aliens describedAnalien described in this clause is analien who—

(I)

is admitted to theUnited States (other thanlawfully 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 analien crewman permitted to land temporarily undersection 1282 of this title and is ordered removed within 5 years of the date of landing.

In the case of analien who has been granted voluntary departure undersection 1229c of this title and who is financially unable to depart at the alien’s own expense and whose removal the Attorney Generaldeems 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 theAttorney General believes that an alienbeing removed requires personal care because of the alien’s mental or physical condition, theAttorney General may employ a suitable person for that purpose who shall accompany and care for the alienuntil the alienarrives at the final destination.

(2) Costs

The costs of providing theservice described in paragraph (1) shall be defrayed in the same manner as the expense of removing the accompanied alienis defrayed under this section.

(g) Places of detention

(1) In general

TheAttorney General shall arrange for appropriate places of detention for aliensdetained pending removal or a decision on removal. When United StatesGovernment facilities are unavailable or facilities adapted or suitably located for detention are unavailable for rental, theAttorney General may expend from the appropriation “Immigration and NaturalizationService—Salaries and Expenses”, without regard tosection 6101 of title 41, amounts necessary to acquire land and to acquire, build, remodel, repair, and operate facilities (including living quarters for immigration officersif 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 theService, theCommissioner 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 theUnited States or its agencies or officers or any other person.

(i) Incarceration

(1) If the chief executive officer of aState (or, if appropriate, a political subdivision of theState) exercising authority with respect to the incarceration of anundocumented criminal alien submits a written request to the Attorney General, the Attorney Generalshall, as determined by the Attorney General—

(A)

enter into a contractual arrangement which provides for compensation to theState or a political subdivision of theState, as may be appropriate, with respect to the incarceration of theundocumented criminal alien; or

(B)

take theundocumented 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 relevantState as determined by theAttorney General.

(3) For purposes of this subsection, the term “undocumented criminal alien” means an alienwho—

(A)

has been convicted of a felony or two or more misdemeanors; and

(B)

(i)

entered theUnited States without inspection or at any time or place other than as designated by theAttorney General;

(ii)

was the subject of exclusion or deportation proceedings at the time he or she was taken into custody by theState or a political subdivision of theState; or

(iii)

was admitted as a nonimmigrant and at the time he or she was taken into custody by theState or a political subdivision of theState has failed to maintain the nonimmigrant status in which the alienwas admitted or to which it was changed undersection 1258 of this title, or to comply with the conditions of any such status.

(4)

(A)

In carrying out paragraph (1), theAttorney General shall give priority to the Federal incarceration ofundocumented criminal aliens who have committed aggravated felonies.

(B)

TheAttorney General shall ensure thatundocumented 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 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 authorization of appropriations in paragraph (5) that are distributed to aState or political subdivision of aState, including a municipality, may be used only for correctional purposes.

(June 27, 1952, ch. 477, title II, ch. 4, § 241, as added and amendedPub. 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;Pub. L. 119–1, § 3(e),Jan. 29, 2025,139 Stat. 5.)

[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.

[4] So in original. Probably should be subsection “(e),”.

[5] So in original. Probably should be “1225(b)(1)”.

Editorial Notes

References in Text

Section 259 of title 42, referred to in subsec. (a)(4)(A), was repealed byPub. 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 theImmigration 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 undersection 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 ofPub. L. 111–350, § 6(c),Jan. 4, 2011,124 Stat. 3854, which Act enacted Title 41, Public Contracts.

The text of subsec. (j) ofsection 1252 of this title, which was redesignated as subsec. (i) of this section byPub. L. 104–208, § 306(a)(1), was based on section 242(j) of act June 27, 1952, ch. 477, title II, ch. 5, as addedSept. 13, 1994,Pub. L. 103–322, title II, § 20301(a),108 Stat. 1823.

Prior Provisions

A prior section 241 of actJune 27, 1952, was renumbered section 237, and is classified tosection 1227 of this title.

Amendments

2025—Subsec. (a)(2).Pub. L. 119–1 designated existing provisions as subpar. (A), inserted heading, and added subpar. (B).

2006—Subsec. (i)(5).Pub. L. 109–162, § 1196(a), substituted “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 follows: “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 alienmay, at the discretion of the recipient of the funds, be used for the costs of imprisonment of such alienin 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 fiscal 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), redesignated subsec. (j) ofsection 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), substituted “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 byPub. 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 onOctober 1, 2006.”

Effective Date of 2005 Amendment

Amendment byPub. L. 109–13 effectiveMay 11, 2005, and applicable to applications for asylum, withholding, or other relief from removal made on or after such date, seesection 101(h)(2) of Pub. L. 109–13, set out as a note undersection 1158 of this title.

Effective Date of 1996 Amendment

Amendment bysection 306(a)(1) of Pub. L. 104–208 applicable as provided undersection 309 of Pub. L. 104–208 (see Effective Date note below), seesection 306(c) of Pub. L. 104–208, as amended, set out as a note undersection 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 provisions, on the first day of the first month beginning more than 180 days afterSept. 30, 1996, seesection 309 of Pub. L. 104–208, set out as an Effective Date of 1996 Amendments note undersection 1101 of this title.

Abolition of Immigration and Naturalization Service and Transfer of Functions

For abolition of Immigration andNaturalization Service, transfer of functions, and treatment of related references, see note set out undersection 1551 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, § 2242,Oct. 21, 1998,112 Stat. 2681–822, provided that:

“(a) Policy.—

It shall be the policy of theUnited States not to expel, extradite, or otherwise effect the involuntary return of any person to a country in which there are substantialgrounds for believing the person would be in danger of being subjected to torture, regardless of whether the person is physically present in theUnited 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 Statesunder Article 3 of theUnited 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 StatesSenate resolution of ratification of the Convention.

“(c) Exclusion of Certain Aliens.—

To the maximum extent consistent with the obligations of theUnited States under the Convention, subject to any reservations, understandings, declarations, and provisos contained in theUnited StatesSenate resolution of ratification of the Convention, the regulations described in subsection (b) shall exclude from the protection of such regulations aliensdescribed in section 241(b)(3)(B) of theImmigration 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 theImmigration and Nationality Act (8 U.S.C. 1252).

“(e) Authority To Detain.—

Nothing in this section shall be construed as limiting the authority of theAttorney General to detain any person under any provision of law, including, but not limited to, any provision of theImmigration and Nationality Act [8 U.S.C. 1101 et seq.].

“(f) Definitions.—

“(1) Convention defined.—

In this section, the term ‘Convention’ means theUnited Nations Convention Against Torture and Other Forms of Cruel, Inhuman or Degrading Treatment or Punishment, done at New York onDecember 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 theUnited StatesSenate 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 anorder of deportation, seesection 309(d)(2) of Pub. L. 104–208, set out in an Effective Date of 1996 Amendments note undersection 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.—

TheAttorney General and theSecretary 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 NaturalizationService. In selecting real property at a military base for use as a detention center under the pilot program, the Attorney Generaland the Secretary shall consult with the redevelopment authority established for the military base and give substantialdeference 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 theSecretary of Defense, shall submit a report to the Committees on the Judiciary of theHouse of Representatives and of theSenate, and the Committees on Armed Servicesof theHouse of Representatives and of theSenate, on the feasibility of using military bases closed under a base closure law as detention centers by the Immigration and NaturalizationService.

“(c) Definition.—For purposes of this section, the term ‘base closure law’ means each of the following:

“(1)

TheDefense Base Closure and Realignment Act of 1990 (part A of title XXIX ofPublic 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 StatesCode.

“(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 Committees on the Judiciary of theHouse of Representatives and of theSenate on the operation of the program of interior repatriation developed under section 437 of theAntiterrorism 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 Attorney Generaland the Commissionerof Immigration and Naturalizationshall develop and implement a program in which alienswho previously have illegally entered the United Statesnot less than 3 times and are deported or returned to a country contiguous to the United Stateswill 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 byPub. L. 104–208, div. C, title III, § 308(g)(5)(G),Sept. 30, 1996,110 Stat. 3009–623, provided that notwithstanding subsec. (h)(5) [(i)(5)] of this section the requirements of subsec. (h) [i] of this section were not to be subject to the availability of appropriations on and afterOct. 1, 2004, prior to repeal byPub. L. 109–162, title XI, § 1172(c),Jan. 5, 2006,119 Stat. 3123.

CFR Title	Parts
6	115
8	236, 241, 1003, 1236, 1241

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8 U.S. Code § 1231 - Detention and removal of aliens ordered removed

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