---
kind: "section"
citation: "8 U.S.C. § 1368"
title: "8"
title_heading: "Aliens and Nationality"
number: "1368"
heading: "Increase in INS detention facilities; report on detention space"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/8/1368"
units:
  - "Chapter 12 — Immigration and Nationality"
  - "Subchapter II — Immigration"
  - "Part IX — Miscellaneous"
---

# §1368. Increase in INS detention facilities; report on detention space

- (a) **Increase in detention facilities—** Subject to the availability of appropriations, the [Attorney General](/usc/8/1101.md?p=a-5) shall provide for an increase in the detention facilities of the Immigration and [Naturalization](/usc/8/1101.md?p=a-23) [Service](/usc/8/1101.md?p=a-34) to at least 9,000 beds before the end of fiscal year 1997.
- (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](/usc/8/1101.md?p=a-5) 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](/usc/8/1101.md?p=a-3) subject to detention under [section 1226(c) of this title](/usc/8/1226.md?p=c) and [section 1231(a) of this title](/usc/8/1231.md?p=a);
    - (B) all inadmissible or deportable [aliens](/usc/8/1101.md?p=a-3) subject to proceedings under [section 1228 of this title](/usc/8/1228.md) or section [1225(b)(2)(A)](/usc/8/1225.md?p=b-2-A) or [1229a](/usc/8/1229a.md) of this title; and
    - (C) other inadmissible or deportable [aliens](/usc/8/1101.md?p=a-3) in accordance with the priorities established by the [Attorney General](/usc/8/1101.md?p=a-5).
  - (2) **Estimate of number of aliens released into the community—**
    - (A) **Criminal aliens—**
      - (i) **In general—** The first report submitted under [paragraph (1)](#b-1) shall include an estimate of the number of criminal [aliens](/usc/8/1101.md?p=a-3) 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](/usc/8/1101.md?p=a-23) [Service](/usc/8/1101.md?p=a-34) (whether operated directly by the [Service](/usc/8/1101.md?p=a-34) or through contract with other [persons](/usc/8/1101.md?p=b-3) or agencies); or
        - (II) were not taken into custody or detention by the [Service](/usc/8/1101.md?p=a-34) upon completion of their incarceration.
      - (ii) **Aliens convicted of aggravated felonies—** The estimate under [clause (i)](#b-2-A-i) shall estimate separately, with respect to each year described in such clause, the number of criminal [aliens](/usc/8/1101.md?p=a-3) described in such clause who were convicted of an [aggravated felony](/usc/8/1101.md?p=a-43).
    - (B) **All inadmissible or deportable aliens—** The first report submitted under [paragraph (1)](#b-1) shall also estimate the number of inadmissible or deportable [aliens](/usc/8/1101.md?p=a-3) who were released into the community due to a lack of detention facilities in each of the 3 fiscal years concluded prior to the date of the report notwithstanding circumstances that the [Attorney General](/usc/8/1101.md?p=a-5) believed justified detention (for example, a significant probability that the released [alien](/usc/8/1101.md?p=a-3) would not appear, as agreed, at subsequent exclusion or deportation proceedings).
    - (C) **Subsequent reports—** Each report under [paragraph (1)](#b-1) following the first such report shall include the estimates under subparagraphs [(A)](#b-2-A) and [(B)](#b-2-B), made with respect to the 6-month period immediately preceding the date of the submission of the report.

## Source credit

(Pub. L. 104–208, div. C, title III, §§ 308(g)(10)(G), 386, Sept. 30, 1996, 110 Stat. 3009–625, 3009–653.)

## Notes

### Editorial Notes

### Codification

Section was enacted as part of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, and also as part of the Omnibus Consolidated Appropriations Act, 1997, and not as part of the Immigration and Nationality Act which comprises this chapter.

### Amendments

1996—Subsec. (b). Pub. L. 104–208, § 308(g)(10)(G), substituted “inadmissible” for “excludable” in pars. (1)(B), (C) and (2)(B).

### Statutory Notes and Related Subsidiaries

### Effective Date of 1996 Amendment

Amendment by section 308(g)(10)(G) of 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.