View all text of Part IX [§ 1351 - § 1382]

§ 1368. Increase in INS detention facilities; report on detention space
(a) Increase in detention facilities
(b) Report on detention space
(1) In general
Not later than 6 months after September 30, 1996, and every 6 months thereafter, the Attorney General shall submit a report to the Committees on the Judiciary of the House of Representatives and of the Senate estimating the amount of detention space that will be required, during the fiscal year in which the report is submitted and the succeeding fiscal year, to detain—
(A) all aliens subject to detention under section 1226(c) of this title and section 1231(a) of this title;
(B) all inadmissible or deportable aliens subject to proceedings under section 1228 of this title or section 1225(b)(2)(A) or 1229a of this title; and
(C) other inadmissible or deportable aliens in accordance with the priorities established by the Attorney General.
(2) Estimate of number of aliens released into the community
(A) Criminal aliens
(i) In general
The first report submitted under paragraph (1) shall include an estimate of the number of criminal aliens who, in each of the 3 fiscal years concluded prior to the date of the report—
(I) were released from detention facilities of the Immigration and Naturalization Service (whether operated directly by the Service or through contract with other persons or agencies); or(II) were not taken into custody or detention by the Service upon completion of their incarceration.
(ii) Aliens convicted of aggravated felonies
(B) All inadmissible or deportable aliens
(C) Subsequent reports
(Pub. L. 104–208, div. C, title III, §§ 308(g)(10)(G), 386, Sept. 30, 1996, 110 Stat. 3009–625, 3009–653.)