---
kind: "section"
citation: "8 U.S.C. § 1231"
title: "8"
title_heading: "Aliens and Nationality"
number: "1231"
heading: "Detention and removal of aliens ordered removed"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/8/1231"
units:
  - "Chapter 12 — Immigration and Nationality"
  - "Subchapter II — Immigration"
  - "Part IV — Inspection, Apprehension, Examination, Exclusion, and Removal"
---

# §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](/usc/8/1101.md?p=a-3) is ordered removed, the [Attorney General](/usc/8/1101.md?p=a-5) shall remove the [alien](/usc/8/1101.md?p=a-3) from the [United States](/usc/8/1101.md?p=a-38) within a period of 90 days (in this section referred to as the “removal period”).
    - (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](/usc/8/1101.md?p=a-3), the date of the court’s final order.
      - (iii) If the [alien](/usc/8/1101.md?p=a-3) is detained or confined (except under an immigration process), the date the [alien](/usc/8/1101.md?p=a-3) 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](/usc/8/1101.md?p=a-3) may remain in detention during such extended period if the [alien](/usc/8/1101.md?p=a-3) fails or refuses to make timely application in good faith for travel or other documents necessary to the [alien](/usc/8/1101.md?p=a-3)’s departure or conspires or acts to prevent the [alien](/usc/8/1101.md?p=a-3)’s removal subject to an order of removal.
  - (2) **Detention—**
    - (A) **In general—** During the removal period, the [Attorney General](/usc/8/1101.md?p=a-5) shall detain the [alien](/usc/8/1101.md?p=a-3). Under no circumstance during the removal period shall the [Attorney General](/usc/8/1101.md?p=a-5) release an [alien](/usc/8/1101.md?p=a-3) who has been found inadmissible under section [1182(a)(2)](/usc/8/1182.md?p=a-2) or [1182(a)(3)(B)](/usc/8/1182.md?p=a-3-B) of this title or deportable under section [1227(a)(2)](/usc/8/1227.md?p=a-2) or [1227(a)(4)(B)](/usc/8/1227.md?p=a-4-B) of this title.
    - (B) **Enforcement by attorney general of a State—** The [attorney general](/usc/8/1101.md?p=a-5) of a [State](/usc/8/1101.md?p=a-36), or other authorized [State](/usc/8/1101.md?p=a-36) officer, alleging a violation of the detention requirement under [subparagraph (A)](#a-2-A) that harms such [State](/usc/8/1101.md?p=a-36) or its residents shall have standing to bring an action against the Secretary of Homeland Security on behalf of such [State](/usc/8/1101.md?p=a-36) or the residents of such [State](/usc/8/1101.md?p=a-36) in an appropriate district court of the [United States](/usc/8/1101.md?p=a-38) to 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 [State](/usc/8/1101.md?p=a-36) or its residents shall be considered to have been harmed if the [State](/usc/8/1101.md?p=a-36) or its residents experience harm, including financial harm in excess of $100.
  - (3) **Supervision after 90-day period—** If the [alien](/usc/8/1101.md?p=a-3) does not leave or is not removed within the removal period, the [alien](/usc/8/1101.md?p=a-3), pending removal, shall be subject to supervision under regulations prescribed by the [Attorney General](/usc/8/1101.md?p=a-5). The regulations shall include provisions requiring the [alien](/usc/8/1101.md?p=a-3)—
    - (A) to appear before an [immigration officer](/usc/8/1101.md?p=a-18) periodically for identification;
    - (B) to submit, if necessary, to a medical and psychiatric examination at the expense of the [United States](/usc/8/1101.md?p=a-38) Government;
    - (C) to give information under oath about the [alien](/usc/8/1101.md?p=a-3)’s nationality, circumstances, habits, associations, and activities, and other information the [Attorney General](/usc/8/1101.md?p=a-5) considers appropriate; and
    - (D) to obey reasonable written restrictions on the [alien](/usc/8/1101.md?p=a-3)’s conduct or activities that the [Attorney General](/usc/8/1101.md?p=a-5) prescribes for the [alien](/usc/8/1101.md?p=a-3).
  - (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)](#a-2),[^2] the [Attorney General](/usc/8/1101.md?p=a-5) may not remove an [alien](/usc/8/1101.md?p=a-3) who is sentenced to imprisonment until the [alien](/usc/8/1101.md?p=a-3) is 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 imprisonment—** The [Attorney General](/usc/8/1101.md?p=a-5) is authorized to remove an [alien](/usc/8/1101.md?p=a-3) in accordance with applicable procedures under this chapter before the [alien](/usc/8/1101.md?p=a-3) has completed a sentence of imprisonment—
      - (i) in the case of an [alien](/usc/8/1101.md?p=a-3) in the custody of the [Attorney General](/usc/8/1101.md?p=a-5), if the [Attorney General](/usc/8/1101.md?p=a-5) determines that (I) the [alien](/usc/8/1101.md?p=a-3) is confined pursuant to a final [conviction](/usc/8/1101.md?p=a-48-A) for a nonviolent offense (other than an offense related to smuggling or harboring of [aliens](/usc/8/1101.md?p=a-3) or an offense described in [section 1101(a)(43)(B)](/usc/8/1101.md?p=a-43-B), (C), (E), (I), or (L) of this title[^3] and (II) the removal of the [alien](/usc/8/1101.md?p=a-3) is appropriate and in the best interest of the [United States](/usc/8/1101.md?p=a-38); or
      - (ii) in the case of an [alien](/usc/8/1101.md?p=a-3) in the custody of a [State](/usc/8/1101.md?p=a-36) (or a political subdivision of a [State](/usc/8/1101.md?p=a-36)), if the chief [State](/usc/8/1101.md?p=a-36) official exercising authority with respect to the incarceration of the [alien](/usc/8/1101.md?p=a-3) determines that (I) the [alien](/usc/8/1101.md?p=a-3) is confined pursuant to a final [conviction](/usc/8/1101.md?p=a-48-A) for a nonviolent offense (other than an offense described in [section 1101(a)(43)(C)](/usc/8/1101.md?p=a-43-C) or (E) of this title), (II) the removal is appropriate and in the best interest of the [State](/usc/8/1101.md?p=a-36), and (III) submits a written request to the [Attorney General](/usc/8/1101.md?p=a-5) that such [alien](/usc/8/1101.md?p=a-3) be so removed.
    - (C) **Notice—** Any [alien](/usc/8/1101.md?p=a-3) removed pursuant to this paragraph shall be notified of the penalties under the laws of the [United States](/usc/8/1101.md?p=a-38) relating to the reentry of deported [aliens](/usc/8/1101.md?p=a-3), particularly the expanded penalties for [aliens](/usc/8/1101.md?p=a-3) removed under [subparagraph (B)](#a-4-B).
    - (D) **No private right—** No cause or claim may be asserted under this paragraph against any official of the [United States](/usc/8/1101.md?p=a-38) or of any [State](/usc/8/1101.md?p=a-36) to compel the release, removal, or consideration for release or removal of any [alien](/usc/8/1101.md?p=a-3).
  - (5) **Reinstatement of removal orders against aliens illegally reentering—** If the [Attorney General](/usc/8/1101.md?p=a-5) finds that an [alien](/usc/8/1101.md?p=a-3) has reentered the [United States](/usc/8/1101.md?p=a-38) 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](/usc/8/1101.md?p=a-3) is not eligible and may not apply for any relief under this chapter, and the [alien](/usc/8/1101.md?p=a-3) shall be removed under the prior order at any time after the reentry.
  - (6) **Inadmissible or criminal aliens—** An [alien](/usc/8/1101.md?p=a-3) ordered removed who is inadmissible under [section 1182 of this title](/usc/8/1182.md), removable under section [1227(a)(1)(C)](/usc/8/1227.md?p=a-1-C), [1227(a)(2)](/usc/8/1227.md?p=a-2), or [1227(a)(4)](/usc/8/1227.md?p=a-4) of this title or who has been determined by the [Attorney General](/usc/8/1101.md?p=a-5) to 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)](#a-3).
  - (7) **Employment authorization—** No [alien](/usc/8/1101.md?p=a-3) ordered removed shall be eligible to receive authorization to be employed in the [United States](/usc/8/1101.md?p=a-38) unless the [Attorney General](/usc/8/1101.md?p=a-5) makes a specific finding that—
    - (A) the [alien](/usc/8/1101.md?p=a-3) cannot be removed due to the refusal of all countries designated by the [alien](/usc/8/1101.md?p=a-3) or under this section to receive the [alien](/usc/8/1101.md?p=a-3), or
    - (B) the removal of the [alien](/usc/8/1101.md?p=a-3) 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)](#b-3)—
    - (A) **In general—** Except as provided by subparagraphs [(B)](#b-1-B) and [(C)](#b-1-C), an [alien](/usc/8/1101.md?p=a-3) who arrives at the [United States](/usc/8/1101.md?p=a-38) and with respect to whom proceedings under [section 1229a of this title](/usc/8/1229a.md) were initiated at the time of such [alien](/usc/8/1101.md?p=a-3)’s arrival shall be removed to the country in which the [alien](/usc/8/1101.md?p=a-3) boarded the vessel or aircraft on which the [alien](/usc/8/1101.md?p=a-3) arrived in the [United States](/usc/8/1101.md?p=a-38).
    - (B) **Travel from contiguous territory—** If the [alien](/usc/8/1101.md?p=a-3) boarded the vessel or aircraft on which the [alien](/usc/8/1101.md?p=a-3) arrived in the [United States](/usc/8/1101.md?p=a-38) in a foreign territory contiguous to the [United States](/usc/8/1101.md?p=a-38), an island adjacent to the [United States](/usc/8/1101.md?p=a-38), or an island adjacent to a foreign territory contiguous to the [United States](/usc/8/1101.md?p=a-38), and the [alien](/usc/8/1101.md?p=a-3) is not a native, citizen, subject, or [national](/usc/8/1101.md?p=a-21) of, or does not reside in, the territory or island, removal shall be to the country in which the [alien](/usc/8/1101.md?p=a-3) boarded the vessel that transported the [alien](/usc/8/1101.md?p=a-3) to the territory or island.
    - (C) **Alternative countries—** If the government of the country designated in subparagraph [(A)](#b-1-A) or [(B)](#b-1-B) is unwilling to accept the [alien](/usc/8/1101.md?p=a-3) into that country’s territory, removal shall be to any of the following countries, as directed by the [Attorney General](/usc/8/1101.md?p=a-5):
      - (i) The country of which the [alien](/usc/8/1101.md?p=a-3) is a citizen, subject, or [national](/usc/8/1101.md?p=a-21).
      - (ii) The country in which the [alien](/usc/8/1101.md?p=a-3) was born.
      - (iii) The country in which the [alien](/usc/8/1101.md?p=a-3) has a [residence](/usc/8/1101.md?p=a-33).
      - (iv) A country with a government that will accept the [alien](/usc/8/1101.md?p=a-3) 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)](#b-3)—
    - (A) **Selection of country by alien—** Except as otherwise provided in this paragraph—
      - (i) any [alien](/usc/8/1101.md?p=a-3) not described in [paragraph (1)](#b-1) who has been ordered removed may designate one country to which the [alien](/usc/8/1101.md?p=a-3) wants to be removed, and
      - (ii) the [Attorney General](/usc/8/1101.md?p=a-5) shall remove the [alien](/usc/8/1101.md?p=a-3) to the country the [alien](/usc/8/1101.md?p=a-3) so designates.
    - (B) **Limitation on designation—** An [alien](/usc/8/1101.md?p=a-3) may designate under [subparagraph (A)(i)](#b-2-A-i) a foreign territory contiguous to the [United States](/usc/8/1101.md?p=a-38), an adjacent island, or an island adjacent to a foreign territory contiguous to the [United States](/usc/8/1101.md?p=a-38) as the place to which the [alien](/usc/8/1101.md?p=a-3) is to be removed only if the [alien](/usc/8/1101.md?p=a-3) is a native, citizen, subject, or [national](/usc/8/1101.md?p=a-21) of, or has resided in, that designated territory or island.
    - (C) **Disregarding designation—** The [Attorney General](/usc/8/1101.md?p=a-5) may disregard a designation under [subparagraph (A)(i)](#b-2-A-i) if—
      - (i) the [alien](/usc/8/1101.md?p=a-3) fails to designate a country promptly;
      - (ii) the government of the country does not inform the [Attorney General](/usc/8/1101.md?p=a-5) finally, within 30 days after the date the [Attorney General](/usc/8/1101.md?p=a-5) first inquires, whether the government will accept the [alien](/usc/8/1101.md?p=a-3) into the country;
      - (iii) the government of the country is not willing to accept the [alien](/usc/8/1101.md?p=a-3) into the country; or
      - (iv) the [Attorney General](/usc/8/1101.md?p=a-5) decides that removing the [alien](/usc/8/1101.md?p=a-3) to the country is prejudicial to the [United States](/usc/8/1101.md?p=a-38).
    - (D) **Alternative country—** If an [alien](/usc/8/1101.md?p=a-3) is not removed to a country designated under [subparagraph (A)(i)](#b-2-A-i), the [Attorney General](/usc/8/1101.md?p=a-5) shall remove the [alien](/usc/8/1101.md?p=a-3) to a country of which the [alien](/usc/8/1101.md?p=a-3) is a subject, [national](/usc/8/1101.md?p=a-21), or citizen unless the government of the country—
      - (i) does not inform the [Attorney General](/usc/8/1101.md?p=a-5) or the [alien](/usc/8/1101.md?p=a-3) finally, within 30 days after the date the [Attorney General](/usc/8/1101.md?p=a-5) first inquires or within another period of time the [Attorney General](/usc/8/1101.md?p=a-5) decides is reasonable, whether the government will accept the [alien](/usc/8/1101.md?p=a-3) into the country; or
      - (ii) is not willing to accept the [alien](/usc/8/1101.md?p=a-3) into the country.
    - (E) **Additional removal countries—** If an [alien](/usc/8/1101.md?p=a-3) is not removed to a country under the previous subparagraphs of this paragraph, the [Attorney General](/usc/8/1101.md?p=a-5) shall remove the [alien](/usc/8/1101.md?p=a-3) to any of the following countries:
      - (i) The country from which the [alien](/usc/8/1101.md?p=a-3) was [admitted](/usc/8/1101.md?p=a-13-A) to the [United States](/usc/8/1101.md?p=a-38).
      - (ii) The country in which is located the foreign port from which the [alien](/usc/8/1101.md?p=a-3) left for the [United States](/usc/8/1101.md?p=a-38) or for a foreign territory contiguous to the [United States](/usc/8/1101.md?p=a-38).
      - (iii) A country in which the [alien](/usc/8/1101.md?p=a-3) resided before the [alien](/usc/8/1101.md?p=a-3) entered the country from which the [alien](/usc/8/1101.md?p=a-3) entered the [United States](/usc/8/1101.md?p=a-38).
      - (iv) The country in which the [alien](/usc/8/1101.md?p=a-3) was born.
      - (v) The country that had sovereignty over the [alien](/usc/8/1101.md?p=a-3)’s birthplace when the [alien](/usc/8/1101.md?p=a-3) was born.
      - (vi) The country in which the [alien](/usc/8/1101.md?p=a-3)’s birthplace is located when the [alien](/usc/8/1101.md?p=a-3) is ordered removed.
      - (vii) If impracticable, inadvisable, or impossible to remove the [alien](/usc/8/1101.md?p=a-3) to each country described in a previous clause of this subparagraph, another country whose government will accept the [alien](/usc/8/1101.md?p=a-3) into that country.
    - (F) **Removal country when United States is at war—** When the [United States](/usc/8/1101.md?p=a-38) is at war and the [Attorney General](/usc/8/1101.md?p=a-5) decides that it is impracticable, inadvisable, inconvenient, or impossible to remove an [alien](/usc/8/1101.md?p=a-3) under this subsection because of the war, the [Attorney General](/usc/8/1101.md?p=a-5) may remove the [alien](/usc/8/1101.md?p=a-3)—
      - (i) to the country that is host to a government in exile of the country of which the [alien](/usc/8/1101.md?p=a-3) is a citizen or subject if the government of the host country will permit the [alien](/usc/8/1101.md?p=a-3)’s entry; or
      - (ii) if the recognized government of the country of which the [alien](/usc/8/1101.md?p=a-3) 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](/usc/8/1101.md?p=a-3) is a citizen or subject, or, with the consent of the government of the country of which the [alien](/usc/8/1101.md?p=a-3) 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)](#b-1) and [(2)](#b-2), the [Attorney General](/usc/8/1101.md?p=a-5) may not remove an [alien](/usc/8/1101.md?p=a-3) to a country if the [Attorney General](/usc/8/1101.md?p=a-5) decides that the [alien](/usc/8/1101.md?p=a-3)’s life or freedom would be threatened in that country because of the [alien](/usc/8/1101.md?p=a-3)’s race, religion, nationality, membership in a particular social group, or political opinion.
    - (B) **Exception—** [Subparagraph (A)](#b-3-A) does not apply to an [alien](/usc/8/1101.md?p=a-3) deportable under [section 1227(a)(4)(D) of this title](/usc/8/1227.md?p=a-4-D) or if the [Attorney General](/usc/8/1101.md?p=a-5) decides that—
      - (i) the [alien](/usc/8/1101.md?p=a-3) 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](/usc/8/1101.md?p=a-3), having been convicted by a final judgment of a particularly serious crime is a danger to the community of the [United States](/usc/8/1101.md?p=a-38);
      - (iii) there are serious reasons to believe that the [alien](/usc/8/1101.md?p=a-3) committed a serious nonpolitical crime outside the [United States](/usc/8/1101.md?p=a-38) before the [alien](/usc/8/1101.md?p=a-3) arrived in the [United States](/usc/8/1101.md?p=a-38); or
      - (iv) there are reasonable grounds to believe that the [alien](/usc/8/1101.md?p=a-3) is a danger to the security of the [United States](/usc/8/1101.md?p=a-38).

      For purposes of [clause (ii)](#b-3-B-ii), an [alien](/usc/8/1101.md?p=a-3) who has been convicted of an [aggravated felony](/usc/8/1101.md?p=a-43) (or felonies) for which the [alien](/usc/8/1101.md?p=a-3) 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 the [Attorney General](/usc/8/1101.md?p=a-5) from determining that, notwithstanding the length of sentence imposed, an [alien](/usc/8/1101.md?p=a-3) has been convicted of a particularly serious crime. For purposes of [clause (iv)](#b-3-B-iv), an [alien](/usc/8/1101.md?p=a-3) who is described in [section 1227(a)(4)(B) of this title](/usc/8/1227.md?p=a-4-B) shall be considered to be an [alien](/usc/8/1101.md?p=a-3) with respect to whom there are reasonable grounds for regarding as a danger to the security of the [United States](/usc/8/1101.md?p=a-38).

    - (C) **Sustaining burden of proof; credibility determinations—** In determining whether an [alien](/usc/8/1101.md?p=a-3) has demonstrated that the [alien](/usc/8/1101.md?p=a-3)’s life or freedom would be threatened for a reason described in [subparagraph (A)](#b-3-A), the trier of fact shall determine whether the [alien](/usc/8/1101.md?p=a-3) has sustained the [alien](/usc/8/1101.md?p=a-3)’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](/usc/8/1158.md?p=b-1-B).
- (c) **Removal of aliens arriving at port of entry—**
  - (1) **Vessels and aircraft—** An [alien](/usc/8/1101.md?p=a-3) arriving at a port of entry of the [United States](/usc/8/1101.md?p=a-38) who is ordered removed either without a hearing under section [1225(b)(1)](/usc/8/1225.md?p=b-1) or [1225(c)](/usc/8/1225.md?p=c) of this title or pursuant to proceedings under [section 1229a of this title](/usc/8/1229a.md) initiated at the time of such [alien](/usc/8/1101.md?p=a-3)’s arrival shall be removed immediately on a vessel or aircraft owned by the owner of the vessel or aircraft on which the [alien](/usc/8/1101.md?p=a-3) arrived in the [United States](/usc/8/1101.md?p=a-38), unless—
    - (A) it is impracticable to remove the [alien](/usc/8/1101.md?p=a-3) on one of those vessels or aircraft within a reasonable time, or
    - (B) the [alien](/usc/8/1101.md?p=a-3) is a [stowaway](/usc/8/1101.md?p=a-49)—
      - (i) who has been ordered removed in accordance with [section 1225(a)(1) of this title](/usc/8/1225.md?p=a-1),
      - (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](/usc/8/1101.md?p=a-5) may stay the removal of an [alien](/usc/8/1101.md?p=a-3) under this subsection if the [Attorney General](/usc/8/1101.md?p=a-5) decides that—
      - (i) immediate removal is not practicable or proper; or
      - (ii) the [alien](/usc/8/1101.md?p=a-3) is needed to testify in the prosecution of a [person](/usc/8/1101.md?p=b-3) for a violation of a law of the [United States](/usc/8/1101.md?p=a-38) or of any [State](/usc/8/1101.md?p=a-36).
    - (B) **Payment of detention costs—** During the period an [alien](/usc/8/1101.md?p=a-3) is detained because of a stay of removal under [subparagraph (A)(ii)](#c-2-A-ii), the [Attorney General](/usc/8/1101.md?p=a-5) may pay from the appropriation “Immigration and [Naturalization](/usc/8/1101.md?p=a-23) [Service](/usc/8/1101.md?p=a-34)—Salaries and Expenses”—
      - (i) the cost of maintenance of the [alien](/usc/8/1101.md?p=a-3); and
      - (ii) a witness fee of $1 a day.
    - (C) **Release during stay—** The [Attorney General](/usc/8/1101.md?p=a-5) may release an [alien](/usc/8/1101.md?p=a-3) whose removal is stayed under [subparagraph (A)(ii)](#c-2-A-ii) on—
      - (i) the [alien](/usc/8/1101.md?p=a-3)’s filing a bond of at least $500 with security approved by the [Attorney General](/usc/8/1101.md?p=a-5);
      - (ii) condition that the [alien](/usc/8/1101.md?p=a-3) appear when required as a witness and for removal; and
      - (iii) other conditions the [Attorney General](/usc/8/1101.md?p=a-5) may prescribe.
  - (3) **Costs of detention and maintenance pending removal—**
    - (A) **In general—** Except as provided in [subparagraph (B)](#c-3-B) and [subsection (d)](#d),[^4] an owner of a vessel or aircraft bringing an [alien](/usc/8/1101.md?p=a-3) to the [United States](/usc/8/1101.md?p=a-38) shall pay the costs of detaining and maintaining the [alien](/usc/8/1101.md?p=a-3)—
      - (i) while the [alien](/usc/8/1101.md?p=a-3) is detained under [subsection (d)(1)](#d-1), and
      - (ii) in the case of an [alien](/usc/8/1101.md?p=a-3) who is a [stowaway](/usc/8/1101.md?p=a-49), while the [alien](/usc/8/1101.md?p=a-3) is being detained pursuant to—
        - (I) subsection [(d)(2)(A)](#d-2-A) or [(d)(2)(B)(i)](#d-2-B-i),
        - (II) subsection [(d)(2)(B)(ii)](#d-2-B-ii) or (iii) for the period of time reasonably necessary for the owner to arrange for repatriation or removal of the [stowaway](/usc/8/1101.md?p=a-49), 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](/usc/8/1101.md?p=a-49) is to be returned, or
        - (III) [section 1225(b)(1)(B)(ii) of this title](/usc/8/1225.md?p=b-1-B-ii), 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](/usc/8/1101.md?p=a-49) for inspection or at the time the [stowaway](/usc/8/1101.md?p=a-49) is determined to have a credible fear of persecution.
    - (B) **Nonapplication—** [Subparagraph (A)](#c-3-A) shall not apply if—
      - (i) the [alien](/usc/8/1101.md?p=a-3) is a crewmember;
      - (ii) the [alien](/usc/8/1101.md?p=a-3) has an [immigrant visa](/usc/8/1101.md?p=a-16);
      - (iii) the [alien](/usc/8/1101.md?p=a-3) has a [nonimmigrant visa](/usc/8/1101.md?p=a-26) or other documentation authorizing the [alien](/usc/8/1101.md?p=a-3) to apply for temporary [admission](/usc/8/1101.md?p=a-13-A) to the [United States](/usc/8/1101.md?p=a-38) and applies for [admission](/usc/8/1101.md?p=a-13-A) not later than 120 days after the date the visa or documentation was issued;
      - (iv) the [alien](/usc/8/1101.md?p=a-3) has a reentry permit and applies for [admission](/usc/8/1101.md?p=a-13-A) not later than 120 days after the date of the [alien](/usc/8/1101.md?p=a-3)’s last inspection and [admission](/usc/8/1101.md?p=a-13-A);
      - (v)
        - (I) the [alien](/usc/8/1101.md?p=a-3) has a [nonimmigrant visa](/usc/8/1101.md?p=a-26) or other documentation authorizing the [alien](/usc/8/1101.md?p=a-3) to apply for temporary [admission](/usc/8/1101.md?p=a-13-A) to the [United States](/usc/8/1101.md?p=a-38) or a reentry permit;
        - (II) the [alien](/usc/8/1101.md?p=a-3) applies for [admission](/usc/8/1101.md?p=a-13-A) more than 120 days after the date the visa or documentation was issued or after the date of the last inspection and [admission](/usc/8/1101.md?p=a-13-A) under the reentry permit; and
        - (III) the owner of the vessel or aircraft satisfies the [Attorney General](/usc/8/1101.md?p=a-5) that the existence of the condition relating to inadmissibility could not have been discovered by exercising reasonable care before the [alien](/usc/8/1101.md?p=a-3) boarded the vessel or aircraft; or
      - (vi) the individual claims to be a [national of the United States](/usc/8/1101.md?p=a-22) and has a [United States](/usc/8/1101.md?p=a-38) [passport](/usc/8/1101.md?p=a-30).
- (d) **Requirements of persons providing transportation—**
  - (1) **Removal at time of arrival—** An owner, agent, master, commanding officer, [person](/usc/8/1101.md?p=b-3) in charge, purser, or consignee of a vessel or aircraft bringing an [alien](/usc/8/1101.md?p=a-3) (except an [alien](/usc/8/1101.md?p=a-3) crewmember) to the [United States](/usc/8/1101.md?p=a-38) shall—
    - (A) receive an [alien](/usc/8/1101.md?p=a-3) back on the vessel or aircraft or another vessel or aircraft owned or operated by the same interests if the [alien](/usc/8/1101.md?p=a-3) is ordered removed under this part; and
    - (B) take the [alien](/usc/8/1101.md?p=a-3) to the foreign country to which the [alien](/usc/8/1101.md?p=a-3) 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](/usc/8/1101.md?p=a-38) with an [alien](/usc/8/1101.md?p=a-3) [stowaway](/usc/8/1101.md?p=a-49)—
    - (A) shall detain the [alien](/usc/8/1101.md?p=a-3) on board the vessel or aircraft, or at such place as the [Attorney General](/usc/8/1101.md?p=a-5) shall designate, until completion of the inspection of the [alien](/usc/8/1101.md?p=a-3) by an [immigration officer](/usc/8/1101.md?p=a-18);
    - (B) may not permit the [stowaway](/usc/8/1101.md?p=a-49) to land in the [United States](/usc/8/1101.md?p=a-38), except pursuant to regulations of the [Attorney General](/usc/8/1101.md?p=a-5) temporarily—
      - (i) for medical treatment,
      - (ii) for detention of the [stowaway](/usc/8/1101.md?p=a-49) by the [Attorney General](/usc/8/1101.md?p=a-5), or
      - (iii) for departure or removal of the [stowaway](/usc/8/1101.md?p=a-49); and
    - (C) if ordered by an [immigration officer](/usc/8/1101.md?p=a-18), shall remove the [stowaway](/usc/8/1101.md?p=a-49) on the vessel or aircraft or on another vessel or aircraft.

    The [Attorney General](/usc/8/1101.md?p=a-5) shall grant a timely request to remove the [stowaway](/usc/8/1101.md?p=a-49) under [subparagraph (C)](#d-2-C) on a vessel or aircraft other than that on which the [stowaway](/usc/8/1101.md?p=a-49) arrived if the requester has obtained any travel documents necessary for departure or repatriation of the [stowaway](/usc/8/1101.md?p=a-49) and removal of the [stowaway](/usc/8/1101.md?p=a-49) will not be unreasonably delayed.

  - (3) **Removal upon order—** An owner, agent, master, commanding officer, [person](/usc/8/1101.md?p=b-3) in charge, purser, or consignee of a vessel, aircraft, or other transportation line shall comply with an order of the [Attorney General](/usc/8/1101.md?p=a-5) to take on board, guard safely, and transport to the destination specified any [alien](/usc/8/1101.md?p=a-3) 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](/usc/8/1101.md?p=a-3) who is a [stowaway](/usc/8/1101.md?p=a-49) or who is ordered removed either without a hearing under [section 1225(a)(1)](/usc/8/1225.md?p=a-1)[^5] or [1225(c)](/usc/8/1225.md?p=c) of this title or pursuant to proceedings under [section 1229a of this title](/usc/8/1229a.md) initiated at the time of such [alien](/usc/8/1101.md?p=a-3)’s arrival, the owner of the vessel or aircraft (if any) on which the [alien](/usc/8/1101.md?p=a-3) arrived in the [United States](/usc/8/1101.md?p=a-38) shall pay the transportation cost of removing the [alien](/usc/8/1101.md?p=a-3). If removal is on a vessel or aircraft not owned by the owner of the vessel or aircraft on which the [alien](/usc/8/1101.md?p=a-3) arrived in the [United States](/usc/8/1101.md?p=a-38), the [Attorney General](/usc/8/1101.md?p=a-5) may—
    - (A) pay the cost from the appropriation “Immigration and [Naturalization](/usc/8/1101.md?p=a-23) [Service](/usc/8/1101.md?p=a-34)—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](/usc/8/1101.md?p=a-3) arrived in the [United States](/usc/8/1101.md?p=a-38).
  - (2) **Costs of removal to port of removal for aliens admitted or permitted to land—** In the case of an [alien](/usc/8/1101.md?p=a-3) who has been [admitted](/usc/8/1101.md?p=a-13-A) or permitted to land and is ordered removed, the cost (if any) of removal of the [alien](/usc/8/1101.md?p=a-3) 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)](#e-3-B), in the case of an [alien](/usc/8/1101.md?p=a-3) who has been [admitted](/usc/8/1101.md?p=a-13-A) or permitted to land and is ordered removed, the cost (if any) of removal of the [alien](/usc/8/1101.md?p=a-3) 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](/usc/8/1101.md?p=a-3) described in [clause (ii)](#e-3-B-ii), the cost of removal of the [alien](/usc/8/1101.md?p=a-3) from the port of removal may be charged to any owner of the vessel, aircraft, or other transportation line by which the [alien](/usc/8/1101.md?p=a-3) came to the [United States](/usc/8/1101.md?p=a-38).
      - (ii) **Aliens described—** An [alien](/usc/8/1101.md?p=a-3) described in this clause is an [alien](/usc/8/1101.md?p=a-3) who—
        - (I) is [admitted](/usc/8/1101.md?p=a-13-A) to the [United States](/usc/8/1101.md?p=a-38) (other than [lawfully admitted for permanent residence](/usc/8/1101.md?p=a-20)) and is ordered removed within 5 years of the date of [admission](/usc/8/1101.md?p=a-13-A) based on a ground that existed before or at the time of [admission](/usc/8/1101.md?p=a-13-A), or
        - (II) is an [alien](/usc/8/1101.md?p=a-3) [crewman](/usc/8/1101.md?p=a-10) permitted to land temporarily under [section 1282 of this title](/usc/8/1282.md) 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](/usc/8/1101.md?p=a-3) who has been granted voluntary departure under [section 1229c of this title](/usc/8/1229c.md) and who is financially unable to depart at the [alien](/usc/8/1101.md?p=a-3)’s own expense and whose removal the [Attorney General](/usc/8/1101.md?p=a-5) deems to be in the best interest of the [United States](/usc/8/1101.md?p=a-38), 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 the [Attorney General](/usc/8/1101.md?p=a-5) believes that an [alien](/usc/8/1101.md?p=a-3) being removed requires personal care because of the [alien](/usc/8/1101.md?p=a-3)’s mental or physical condition, the [Attorney General](/usc/8/1101.md?p=a-5) may employ a suitable [person](/usc/8/1101.md?p=b-3) for that purpose who shall accompany and care for the [alien](/usc/8/1101.md?p=a-3) until the [alien](/usc/8/1101.md?p=a-3) arrives at the final destination.
  - (2) **Costs—** The costs of providing the [service](/usc/8/1101.md?p=a-34) described in [paragraph (1)](#f-1) shall be defrayed in the same manner as the expense of removing the accompanied [alien](/usc/8/1101.md?p=a-3) is defrayed under this section.
- (g) **Places of detention—**
  - (1) **In general—** The [Attorney General](/usc/8/1101.md?p=a-5) shall arrange for appropriate places of detention for [aliens](/usc/8/1101.md?p=a-3) detained pending removal or a decision on removal. When [United States](/usc/8/1101.md?p=a-38) Government facilities are unavailable or facilities adapted or suitably located for detention are unavailable for rental, the [Attorney General](/usc/8/1101.md?p=a-5) may expend from the appropriation “Immigration and [Naturalization](/usc/8/1101.md?p=a-23) [Service](/usc/8/1101.md?p=a-34)—Salaries and Expenses”, without regard to [section 6101 of title 41](/usc/41/6101.md), amounts necessary to acquire land and to acquire, build, remodel, repair, and operate facilities (including living quarters for [immigration officers](/usc/8/1101.md?p=a-18) 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](/usc/8/1101.md?p=a-34), the [Commissioner](/usc/8/1101.md?p=a-8) 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](/usc/8/1101.md?p=a-38) or its agencies or officers or any other [person](/usc/8/1101.md?p=b-3).
- (i) **Incarceration—**
  - (1) If the chief executive officer of a [State](/usc/8/1101.md?p=a-36) (or, if appropriate, a political subdivision of the [State](/usc/8/1101.md?p=a-36)) exercising authority with respect to the incarceration of an undocumented criminal [alien](/usc/8/1101.md?p=a-3) submits a written request to the [Attorney General](/usc/8/1101.md?p=a-5), the [Attorney General](/usc/8/1101.md?p=a-5) shall, as determined by the [Attorney General](/usc/8/1101.md?p=a-5)—
    - (A) enter into a contractual arrangement which provides for compensation to the [State](/usc/8/1101.md?p=a-36) or a political subdivision of the [State](/usc/8/1101.md?p=a-36), as may be appropriate, with respect to the incarceration of the undocumented criminal [alien](/usc/8/1101.md?p=a-3); or
    - (B) take the undocumented criminal [alien](/usc/8/1101.md?p=a-3) into the custody of the Federal Government and incarcerate the [alien](/usc/8/1101.md?p=a-3).
  - (2) Compensation under [paragraph (1)(A)](#i-1-A) shall be the average cost of incarceration of a prisoner in the relevant [State](/usc/8/1101.md?p=a-36) as determined by the [Attorney General](/usc/8/1101.md?p=a-5).
  - (3) For purposes of this subsection, the term “undocumented criminal [alien](/usc/8/1101.md?p=a-3)” means an [alien](/usc/8/1101.md?p=a-3) who—
    - (A) has been convicted of a felony or two or more misdemeanors; and
    - (B)
      - (i) entered the [United States](/usc/8/1101.md?p=a-38) without inspection or at any time or place other than as designated by the [Attorney General](/usc/8/1101.md?p=a-5);
      - (ii) was the subject of exclusion or deportation proceedings at the time he or she was taken into custody by the [State](/usc/8/1101.md?p=a-36) or a political subdivision of the [State](/usc/8/1101.md?p=a-36); or
      - (iii) was [admitted](/usc/8/1101.md?p=a-13-A) as a nonimmigrant and at the time he or she was taken into custody by the [State](/usc/8/1101.md?p=a-36) or a political subdivision of the [State](/usc/8/1101.md?p=a-36) has failed to maintain the nonimmigrant status in which the [alien](/usc/8/1101.md?p=a-3) was [admitted](/usc/8/1101.md?p=a-13-A) or to which it was changed under [section 1258 of this title](/usc/8/1258.md), or to comply with the conditions of any such status.
  - (4)
    - (A) In carrying out [paragraph (1)](#i-1), the [Attorney General](/usc/8/1101.md?p=a-5) shall give priority to the Federal incarceration of undocumented criminal [aliens](/usc/8/1101.md?p=a-3) who have committed [aggravated felonies](/usc/8/1101.md?p=a-43).
    - (B) The [Attorney General](/usc/8/1101.md?p=a-5) shall ensure that undocumented criminal [aliens](/usc/8/1101.md?p=a-3) 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)](#i-5) that are distributed to a [State](/usc/8/1101.md?p=a-36) or political subdivision of a [State](/usc/8/1101.md?p=a-36), including a municipality, may be used only for correctional purposes.

## Footnotes

[^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)”.

## Source credit

(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; Pub. L. 119–1, § 3(e), Jan. 29, 2025, 139 Stat. 5.)

## Notes

### Editorial Notes

### 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 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

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 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).

### Statutory Notes and Related Subsidiaries

### 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.

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 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.

### 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: 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. 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. 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)). 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). 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.].Definitions.— 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. 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

Pub. L. 104–208, div. C, title III, § 387, Sept. 30, 1996, 110 Stat. 3009–655, provided that: 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. 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. Definition.—For purposes of this section, the term ‘base closure law’ means each of the following: 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). Title II of the Defense Authorization Amendments and Base Closure and Realignment Act (Public Law 100–526; 10 U.S.C. 2687 note). Section 2687 of title 10, United States Code. 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 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.