8 U.S.C. § 1378 — Collection of data on other detained aliens
submitted 28 years ago by Pub. L. 105-277 to r/title-8-ALIENS-AND-NATIONALITY · 422 words · no verdicts yet
The Attorney General must collect and report nationwide data about detained aliens other than detained asylum seekers. The data covers categories, demographics, facilities, detention length, transfers, dispositions, and certain crimes after release or nondetention.
(a) The Attorney General* must regularly collect nationwide data about aliens detained by the Immigration and Naturalization Service* other than those in 8 U.S.C. § 1377. It must show criminal and noncriminal non-asylum detainee numbers; ages, gender, and countries of origin for each category; and the types of INS or other Federal, State*, or local facilities used. (b) For both categories, it must show transfers and their frequency, average detention length, numbers detained for each length in 3-month increments, release rates by INS district, and whether detention ended through deportation, parole, or another release. (c) For criminal aliens, it must show those apprehended under immigration laws but not detained and, as far as database cross-checking can show, crimes they committed after the decision not to detain. (d) Beginning October 1, 1999, and each October 1 after that, the Attorney General must report the prior fiscal year’s data to each House Judiciary Committee. (e) Copies must be available to the public on request under Attorney General regulations.
The Attorney General* shall regularly collect data on a nationwide basis on aliens being detained in the United States by the Immigration and Naturalization Service* other than the aliens described in section 1377 of this title, including the following information:
The number of detainees who are criminal aliens and the number of detainees who are noncriminal aliens who are not seeking asylum.
An identification of the ages, gender, and countries of origin of detainees within each category described in paragraph (1).
The types of facilities, whether facilities of the Immigration and Naturalization Service or other Federal, State*, or local facilities, in which each of the categories of detainees described in paragraph (1) are held.
With respect to detainees who are criminal aliens and detainees who are noncriminal aliens who are not seeking asylum, the Attorney General shall also collect data concerning—
the number and frequency of transfers between detention facilities for each category of detainee;
the average length of detention of each category of detainee;
for each category of detainee, the number of detainees who have been detained for the same length of time, in 3-month increments;
for each category of detainee, the rate of release from detention for each district of the Immigration and Naturalization Service; and
for each category of detainee, the disposition of detention, including whether detention ended due to deportation, release on parole, or any other release.
With respect to criminal aliens, the Attorney General shall also collect data concerning—
the number of criminal aliens apprehended under the immigration laws and not detained by the Attorney General; and
a list of crimes committed by criminal aliens after the decision was made not to detain them, to the extent this information can be derived by cross-checking the list of criminal aliens not detained with other databases accessible to the Attorney General.
Beginning on October 1, 1999, and not later than October 1 of each year thereafter, the Attorney General shall submit to the Committee on the Judiciary of each House of Congress a report setting forth the data collected under subsections (a), (b), and (c) for the fiscal year ending September 30 of that year.
Copies of the data collected under subsections (a), (b), and (c) shall be made available to members of the public upon request pursuant to such regulations as the Attorney General shall prescribe.
Source credit: (Pub. L. 105–277, div. A, § 101(h) [title IX, § 904], Oct. 21, 1998, 112 Stat. 2681–480, 2681–542.)
- 1998Enacted · Pub. L. 105-277 · 112 Stat. 2681
A history note hasn’t been published yet. The record shows enactment by Pub. L. 105-277 on 1998-10-21.
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