8 U.s.c. 1226

TITLE 8--ALIENS AND NATIONALITY

CHAPTER 12--IMMIGRATION AND NATIONALITY

SUBCHAPTER II--IMMIGRATION

Part IV--Inspection, Apprehension, Examination, Exclusion, and Removal

Sec. 1226. Apprehension and detention of aliens

(a) Arrest, detention, and release

On a warrant issued by the Attorney General, an alien may be

arrested and detained pending a decision on whether the alien is to be

removed from the United States. Except as provided in subsection (c) of

this section and pending such decision, the Attorney General--

(1) may continue to detain the arrested alien; and

(2) may release the alien on--

(A) bond of at least $1,500 with security approved by, and

containing conditions prescribed by, the Attorney General; or

(B) conditional parole; but

(3) may not provide the alien with work authorization (including an ``employment authorized'' endorsement or other appropriate work permit), unless the alien is lawfully admitted for permanent residence or otherwise would (without regard to removal proceedings) be provided such authorization.

(b) Revocation of bond or parole

The Attorney General at any time may revoke a bond or parole

authorized under subsection (a) of this section, rearrest the alien

under the original warrant, and detain the alien.

(c) Detention of criminal aliens

(1) Custody

The Attorney General shall take into custody any alien who--

(A) is inadmissible by reason of having committed any

offense covered in section 1182(a)(2) of this title,

(B) 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,

(C) is deportable under section 1227(a)(2)(A)(i) of this

title on the basis of an offense for which the alien has been

sentence \1\ to a term of imprisonment of at least 1 year, or

---------------------------------------------------------------------------

\1\ So in original. Probably should be ``sentenced''.

---------------------------------------------------------------------------

(D) is inadmissible under section 1182(a)(3)(B) of this

title or deportable under section 1227(a)(4)(B) of this title,

when the alien is released, without regard to whether the alien is

released on parole, supervised release, or probation, and without

regard to whether the alien may be arrested or imprisoned again for

the same offense.

(2) Release

The Attorney General may release an alien described in paragraph

(1) only if the Attorney General decides pursuant to section 3521 of title 18 that release of the alien from custody is necessary to

provide protection to a witness, a potential witness, a person

cooperating with an investigation into major criminal activity, or

an immediate family member or close associate of a witness,

potential witness, or person cooperating with such an investigation,

and the alien satisfies the Attorney General that the alien will not pose a danger to the safety of other persons or of property and is

likely to appear for any scheduled proceeding. A decision relating

to such release shall take place in accordance with a procedure that

considers the severity of the offense committed by the alien.

(d) Identification of criminal aliens

(1) The Attorney General shall devise and implement a system--

(A) to make available, daily (on a 24-hour basis), to Federal,

State, and local authorities the investigative resources of the

Service to determine whether individuals arrested by such

authorities for aggravated felonies are aliens;

(B) to designate and train officers and employees of the Service

to serve as a liaison to Federal, State, and local law enforcement

and correctional agencies and courts with respect to the arrest,

conviction, and release of any alien charged with an aggravated

felony; and

(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--

(A) to inspectors at ports of entry and to border patrol agents

at sector headquarters for purposes of immediate identification of

any alien who was previously ordered removed and is seeking to

reenter the United States, and

(B) to officials of the Department of State for use in its

automated visa lookout system.

(3) Upon the request of the governor or chief executive officer of

any State, the Service shall provide assistance to State courts in the

identification of aliens unlawfully present in the United States pending

criminal prosecution.

(e) Judicial review

The Attorney General's discretionary judgment regarding the

application of this section shall not be subject to review. No court may

set aside any action or decision by the Attorney General under this

section regarding the detention or release of any alien or the grant,

revocation, or denial of bond or parole.