8 Usc 1231

§ 1230

TITLE 8—ALIENS AND NATIONALITY

the alien was previously permitted to so depart
after having been found inadmissible under section 1182(a)(6)(A) of this title.
(d) Civil penalty for failure to depart
(1) In general
Subject to paragraph (2), if an alien is permitted to depart voluntarily under this section and voluntarily fails to depart the United
States within the time period specified, the
alien—
(A) shall be subject to a civil penalty of
not less than $1,000 and not more than $5,000;
and
(B) shall be ineligible, for a period of 10
years, to receive any further relief under
this section and sections 1229b, 1255, 1258,
and 1259 of this title.
(2) Application of VAWA protections
The restrictions on relief under paragraph
(1) shall not apply to relief under section 1229b
or 1255 of this title on the basis of a petition
filed by a VAWA self-petitioner, or a petition
filed under section 1229b(b)(2) of this title, or
under section 1254(a)(3) of this title (as in effect prior to March 31, 1997), if the extreme
cruelty or battery was at least one central
reason for the alien’s overstaying the grant of
voluntary departure.
(3) Notice of penalties
The order permitting an alien to depart voluntarily shall inform the alien of the penalties
under this subsection.
(e) Additional conditions
The Attorney General may by regulation limit
eligibility for voluntary departure under this
section for any class or classes of aliens. No
court may review any regulation issued under
this subsection.
(f) Judicial review
No court shall have jurisdiction over an appeal
from denial of a request for an order of voluntary departure under subsection (b) of this
section, nor shall any court order a stay of an
alien’s removal pending consideration of any
claim with respect to voluntary departure.
(June 27, 1952, ch. 477, title II, ch. 4, § 240B, as
added Pub. L. 104–208, div. C, title III, § 304(a)(3),
Sept. 30, 1996, 110 Stat. 3009–596; amended Pub. L.
106–406, § 2, Nov. 1, 2000, 114 Stat. 1755; Pub. L.
109–162, title VIII, § 812, Jan. 5, 2006, 119 Stat.
3057.)
REFERENCES IN TEXT
Section 1254 of this title, referred to in subsec. (d)(2),
was repealed by Pub. L. 104–208, div. C, title III,
§ 308(b)(7), Sept. 30, 1996, 110 Stat. 3009–615.
AMENDMENTS
2006—Subsec. (d). Pub. L. 109–162 reenacted heading
without change and amended text generally. Prior to
amendment, text read as follows: ‘‘If an alien is permitted to depart voluntarily under this section and
fails voluntarily to depart the United States within the
time period specified, the alien shall be subject to a
civil penalty of not less than $1,000 and not more than
$5,000, and be ineligible for a period of 10 years for any
further relief under this section and sections 1229b,
1255, 1258, and 1259 of this title. The order permitting

Page 276

the alien to depart voluntarily shall inform the alien of
the penalties under this subsection.’’
2000—Subsec. (a)(2). Pub. L. 106–406 amended heading
and text of par. (2) generally. Prior to amendment, text
read as follows: ‘‘Permission to depart voluntarily
under this subsection shall not be valid for a period exceeding 120 days.’’
EFFECTIVE DATE
Section 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 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.

§ 1230. Records of admission
(a) The Attorney General shall cause to be
filed, as a record of admission of each immigrant, 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 immigration laws.
(June 27, 1952, ch. 477, title II, ch. 4, § 240C, formerly § 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.)
AMENDMENTS
1996—Subsec. (b). Pub. L. 104–208, § 308(f)(1)(K), substituted ‘‘admission’’ for ‘‘entry’’.
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 ordered removed
(1) Removal period
(A) In general
Except as otherwise provided in this section, 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 ‘‘removal period’’).

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(B) Beginning of period
The 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 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 beyond 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 departure or conspires or acts to prevent the
alien’s removal subject to an order of removal.
(2) Detention
During the removal period, the Attorney
General shall detain the alien. Under no circumstance 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 deportable 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 General. The regulations shall include provisions
requiring the alien—
(A) to appear before an immigration officer 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, habits, 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 sentenced to imprisonment until the alien is released from imprisonment. Parole, supervised release, probation, or possibility of arrest or further imprisonment is not a reason
to defer removal.
1 See
2 So

References in Text note below.
in original. Probably should be ‘‘subparagraph (B),’’.

§ 1231

(B) Exception for removal of nonviolent offenders prior to completion of sentence
of imprisonment
The Attorney General is authorized to remove an alien in accordance with applicable
procedures under this chapter before the
alien has completed a sentence of imprisonment—
(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
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 incarceration of the alien determines that (I) the
alien is confined pursuant to a final conviction 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 the Attorney General
that such alien be so removed.
(C) Notice
Any alien removed pursuant to this paragraph 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 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 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 inadmissible 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 determined 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
3 So in original. Probably should be followed by a closing
parenthesis.

§ 1231

TITLE 8—ALIENS AND NATIONALITY

removal period and, if released, shall be subject 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 interest.
(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 proceedings under section 1229a of this title were
initiated at the time of such alien’s arrival
shall be removed to the country in which the
alien boarded the vessel or aircraft 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 foreign 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 territory or island.
(C) Alternative countries
If the government of the country designated in subparagraph (A) or (B) is unwilling to accept the alien into that country’s
territory, removal shall be to any of the following countries, as directed by the Attorney 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 described in a previous clause of this subparagraph is impracticable, inadvisable, or
impossible.
(2) Other aliens
Subject to paragraph (3)—
(A) Selection of country by alien
Except as otherwise provided in this paragraph—
(i) any alien not described in paragraph
(1) who has been ordered removed may des-

Page 278

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 designates.
(B) Limitation on designation
An alien may designate under subparagraph (A)(i) a foreign territory contiguous to
the United States, an adjacent island, or an
island adjacent to a foreign territory contiguous 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 territory or island.
(C) Disregarding designation
The Attorney General may disregard a designation under subparagraph (A)(i) if—
(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 government will accept the alien into the country;
(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 prejudicial to the United States.
(D) Alternative country
If an alien is not removed to a country designated under subparagraph (A)(i), the Attorney General shall remove the alien to a
country of which the alien is a subject, national, 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 inquires 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 remove the alien to any of the following countries:
(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.

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(vi) The country in which the alien’s
birthplace is located when the alien is ordered removed.
(vii) If impracticable, inadvisable, or impossible to remove the alien to each country described in a previous clause of this
subparagraph, another country whose government 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 impracticable, inadvisable, inconvenient, or impossible to remove an alien under this subsection because of the war, the Attorney
General may remove the alien—
(i) to the country that is host to a government in exile of the country of which
the alien is a citizen or subject if the government 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, membership 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 decides 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 opinion;
(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 nonpolitical crime outside the United States
before the alien arrived in the United
States; or
(iv) there are reasonable grounds to believe that the alien is a danger to the security 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-

§ 1231

tenced 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 the Attorney General from determining that, notwithstanding the length of sentence imposed, an alien has been convicted
of a particularly serious crime. For purposes
of clause (iv), an alien who is described in
section 1227(a)(4)(B) of this title shall be considered to be an alien with respect 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 demonstrated that the alien’s life or freedom
would be threatened for a reason described
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 removed 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 accordance with section 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 general
The Attorney General may stay the removal 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 because of a stay of removal under subparagraph (A)(ii), the Attorney General may pay
from the appropriation ‘‘Immigration and
Naturalization Service—Salaries and Expenses’’—
(i) the cost of maintenance of the alien;
and

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TITLE 8—ALIENS AND NATIONALITY

(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 Attorney General;
(ii) condition that the alien appear when
required as a witness and for removal; and
(iii) other conditions the Attorney General may prescribe.
(3) Costs of detention and maintenance pending removal
(A) In general
Except as provided in subparagraph (B)
and subsection (d) 4 of this section, 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 subsection (d)(1) of this section, and
(ii) in the case of an alien who is a stowaway, while the alien is being detained
pursuant to—
(I) subsection (d)(2)(A) or (d)(2)(B)(i) of
this section,
(II) subsection (d)(2)(B)(ii) or (iii) of
this section 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 holidays) 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 admission 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 inspection 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
4 So

in original. Probably should be subsection ‘‘(e)’’.

Page 280

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 existence of the condition relating to inadmissibility 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 national of the United States and has a
United States passport.
(d) Requirements of persons providing transportation
(1) Removal at time of arrival
An owner, agent, master, commanding officer, 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
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 officer, charterer, or consignee of a vessel or aircraft arriving in the United States with an
alien stowaway—
(A) shall detain the alien on board the vessel or aircraft, or at such place as the Attorney General shall designate, until completion of the inspection of the alien by an immigration officer;
(B) may not permit the stowaway to land
in the United States, except pursuant to regulations of the Attorney General temporarily—
(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 request to remove the stowaway under subparagraph (C) on a vessel or aircraft other than
that on which the stowaway arrived if the requester 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 officer, 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 chapter.
(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-

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TITLE 8—ALIENS AND NATIONALITY

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 aircraft (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 arrived in the United States, the Attorney General 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 consignee 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 admitted or permitted to land and is ordered removed, 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 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 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 granted 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
5 So

in original. Probably should be ‘‘1225(b)(1)’’.

§ 1231

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 the Attorney General believes that an
alien being removed requires personal care because of the alien’s mental or physical condition, the Attorney General may employ a suitable person for that purpose who shall accompany and care for the alien until the alien arrives 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 accompanied alien is defrayed under this section.
(g) Places of detention
(1) In general
The Attorney General shall arrange for appropriate places of detention for aliens detained pending removal or a decision on removal. When United States Government facilities are unavailable or facilities adapted or
suitably located for detention are unavailable
for rental, the Attorney General may expend
from the appropriation ‘‘Immigration and Naturalization Service—Salaries and Expenses’’,
without regard to section 6101 of title 41,
amounts necessary to acquire land and to acquire, build, remodel, repair, and operate facilities (including living quarters for immigration officers if 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 the
Service, the Commissioner 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 the United States or its agencies or officers 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 determined 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 incarceration 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-

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TITLE 8—ALIENS AND NATIONALITY

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 inspection or at any time or place other than as
designated by the Attorney General;
(ii) was the subject of exclusion or deportation 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 nonimmigrant status in which the alien was admitted or to which it was changed under section 1258 of this title, or to comply with the
conditions of any such status.
(4)(A) In carrying out paragraph (1), the Attorney 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 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 a State or political subdivision 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.)
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 Contracts.
The text of subsec. (j) of section 1252 of this title,
which was redesignated as subsec. (i) of this section by

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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 renumbered section 237, and is classified to section 1227 of this
title.
AMENDMENTS
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 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 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) 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), 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).
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 applicable 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 section 1252 of this title.
Section 328(a)(2) of div. C of Pub. L. 104–208 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 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

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TITLE 8—ALIENS AND NATIONALITY

references, see note set out under section 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 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, regardless 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 provisos contained in the United States Senate resolution of
ratification of the Convention.
‘‘(c) EXCLUSION OF CERTAIN ALIENS.—To the maximum extent consistent with the obligations of the
United States under the Convention, subject to any reservations, understandings, declarations, and provisos
contained in the United States Senate resolution of
ratification of the Convention, the regulations described in subsection (b) shall exclude from the protection 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 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 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 Attorney General to detain any person under any provision 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 Convention, subject to any reservations, understandings,
declarations, and provisos contained in the United
States Senate 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 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
Section 387 of div. C of Pub. L. 104–208 provided that:

§ 1232

‘‘(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 feasibility 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
selecting real property at a military base for use as a
detention center under the pilot program, the Attorney
General and the Secretary shall consult with the redevelopment 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 Attorney General, together with the Secretary of Defense,
shall submit a report to the Committees on the Judiciary 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 Naturalization 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 Amendments 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
Section 388 of div. C of Pub. L. 104–208 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 the
House of Representatives 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 Attorney 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 deported 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, 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 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 trafficking 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 conjunction with the Secretary of State, the Attorney