8 U.S.C. § 1378a — Report on aliens detained

submitted 7 years ago by Pub. L. 116-93 to r/title-8-ALIENS-AND-NATIONALITY · 491 words · no verdicts yet

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ICE must publish a searchable report twice each month about detained aliens, detention facilities, alternatives to detention, releases, and removals. The report must retain at least 12 months of data and provide the listed breakdowns.

No later than 7 days after December 20, 2019, and twice each month after that, the ICE Director must publish on a public website a downloadable, searchable, sortable report retaining at least the previous 12 months of half-month data. (1) For detained aliens, separately identifying single adults and family-unit members, the report must give the average fiscal-year-to-date daily population, daily count, fiscal-year-to-date book-ins, average stay including post-determination stay for people described in (F), transfers from CBP after inadmissibility or apprehension within 14 days of entry or after an ICE arrest, the number found to have a credible or reasonable fear of persecution or torture, and the number issued a Notice to Appear under 8 U.S.C. § 1229. The report must define persecution and torture by the cited provisions. (2) It must give total Alternatives to Detention enrollees and average participation length, broken down by single adults and family heads, family case-management participants, supervision level, and field-office location. (3) For every ICE detention facility it must give the address; assigning field offices; detailed facility type under the integrated decision support system; detained persons’ gender; average daily population in each detainee classification level, threat level, and criminality category, with the last broken down by gender; average stay; mandatory-detention population; performance standards; dates, inspectors, and detailed results of the two latest inspections; and guaranteed minimum capacity when applicable. (4) It must give total releases by release condition and total removals, separated between adult and family facilities.

the actual law source: uscode.house.gov ↗public domain

Not later than 7 days after December 20, 2019, and updated semimonthly thereafter, the Director of U.S. Immigration and Customs Enforcement shall make available a report, on a publicly accessible website in a downloadable, searchable, and sortable format, with not less than the previous twelve months of semimonthly data as of the last date of each such reporting period; on—

(1)

aliens detained by such agency, including data disaggregated by single adults and members of family units on—

(A)

the average fiscal year-to-date daily populations of aliens detained;

(B)

the daily count of aliens detained;

(C)

the fiscal year-to-date total for book-ins;

(D)

the average lengths of stay, including average post-determination length of stay in the case of detainees described in subparagraph (F);

(E)

the number transferred to the custody of U.S. Immigration and Customs Enforcement by U.S. Customs and Border Protection after being—

(i)

deemed inadmissible at a port of entry or after being apprehended within 14 days of entering the United States; or

(ii)

arrested by U.S. Immigration and Customs Enforcement;

(F)

the number determined to have a credible or reasonable fear of—

(i)

persecution, as defined in section 1225(b)(1)(B)(v) of this title; or

(ii)

torture, as defined in section 208.30 of title 8, Code of Federal Regulations (as in effect on January 1, 2018); and

(G)

the number who have been issued a Notice to Appear pursuant to section 1229 of this title, disaggregated by single adults and members of family units; 1

(2)

the total number of enrollees in the Alternatives to Detention program and the average length of participation, disaggregated by—

(A)

single adults and family heads of household;

(B)

participants in the family case management program;

(C)

level of supervision; and

(D)

location of supervision, by field office;

(3)

for each facility where aliens are detained by U.S. Immigration and Customs Enforcement—

(A)

the address;

(B)

the field offices that assign detainees to the facility;

(C)

the detailed facility type, as defined in the integrated decision support system;

(D)

the gender of aliens detained;

(E)

the average daily population of detainees within each detainee classification level, as defined in the integrated decision support system;

(F)

the average daily population of individuals within each threat level, as defined in the integrated decision support system;

(G)

the average daily population within each criminality category, as defined in the integrated decision support system, disaggregated by gender;

(H)

the average length of stay;

(I)

the average daily population of individuals whose detention is classified as mandatory;

(J)

the performance standards to which the facility is held;

(K)

the date of the two most recent inspections, the entity that performed each inspection, and a detailed summary of the results of such inspections; and

(L)

the guaranteed minimum detention capacity, if applicable; and

(4)

the total number of releases from custody, by condition of release, and total number of removals, disaggregated by adult facilities and family facilities.

Source credit: (Pub. L. 116–93, div. D, title II, § 218, Dec. 20, 2019, 133 Stat. 2514.)

history & why it existsrecord from the source credit

2019Enacted · Pub. L. 116-93 · 133 Stat. 2514

A history note hasn’t been published yet. The record shows enactment by Pub. L. 116-93 on 2019-12-20.

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