TITLE III--INSPECTION, APPREHENSION, DETENTION, ADJUDICATION, AND
REMOVAL OF INADMISSIBLE AND DEPORTABLE ALIENS
Subtitle A--Revision of Procedures for Removal of Aliens
Section 305

SEC. 305. DETENTION AND REMOVAL OF ALIENS ORDERED REMOVED
(NEW SECTION 241).

(a) In General.--Title II is further amended--
(1) by striking section 237 (8 U.S.C. 1227),
(2) by redesignating section 241 (8 U.S.C. 1251) as section
237 and by moving such section to immediately follow section
236, and
(3) by inserting after section 240C (as redesignated by
section 304(a)(2)) of this division the following new
section:


``detention and removal of aliens ordered removed

``Sec. 241. (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 is ordered removed, the Attorney
General shall remove the alien from the United States 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, the date of
the court's final order.
``(iii) If the alien is detained or confined (except under
an immigration process), the date the alien 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 may remain
in detention during such extended period if the alien fails
or refuses to make timely application in good faith for
travel or other documents necessary to the alien's departure
or conspires or acts to prevent the alien's removal subject
to an order of removal.
``(2) Detention.--During the removal period, the Attorney
General shall detain the alien. Under no circumstance during
the removal period shall the Attorney General release an
alien who has been found inadmissible under section 212(a)(2)
or 212(a)(3)(B) or deportable under section 237(a)(2) or
237(a)(4)(B).
``(3) Supervision after 90-day period.--If the alien does
not leave or is not removed within the removal period, the
alien, pending removal, shall be subject to supervision under
regulations prescribed by the Attorney General. The
regulations shall include provisions requiring the alien--
``(A) to appear before an immigration officer periodically
for identification;
``(B) to submit, if necessary, to a medical and psychiatric
examination at the expense of the United States Government;
``(C) to give information under oath about the alien's
nationality, circumstances, habits, associations, and
activities, and other information the Attorney General
considers appropriate; and
``(D) to obey reasonable written restrictions on the
alien's conduct or activities that the Attorney General
prescribes for the alien.
``(4) Aliens imprisoned, arrested, or on parole, supervised
release, or probation.--
``(A) In general.--Except as provided in section 343(a) of
the Public Health Service Act (42 U.S.C. 259(a)) and
paragraph (2), the Attorney General may not remove an alien
who is sentenced to imprisonment until the alien 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 is authorized to remove an alien in accordance with
applicable procedures under this Act before the alien has
completed a sentence of imprisonment--
``(i) in the case of an alien in the custody of the
Attorney General, if the Attorney General determines that (I)
the alien is confined pursuant to a final conviction for a
nonviolent offense (other than an offense related to
smuggling or harboring of aliens or an offense described in
section 101(a)(43)(B), (C), (E), (I), or (L) and (II) the
removal of the alien is appropriate and in the best interest
of the United States; or
``(ii) in the case of an alien in the custody of a State
(or a political subdivision of a State), if the chief State
official exercising authority with respect to the
incarceration of the alien determines that (I) the alien is
confined pursuant to a final conviction for a nonviolent
offense (other than an offense described in section
101(a)(43)(C) or (E)), (II) the removal is appropriate and in
the best interest of the State, and (III) submits a written
request to the Attorney General that such alien be so
removed.
``(C) Notice.--Any alien removed pursuant to this paragraph
shall be notified of the penalties under the laws of the
United States relating to the reentry of deported aliens,
particularly the expanded penalties for aliens removed under
subparagraph (B).
``(D) No private right.--No cause or claim may be asserted
under this paragraph against any official of the United
States or of any State to compel the release, removal, or
consideration for release or removal of any alien.
``(5) Reinstatement of removal orders against aliens
illegally reentering.--If the Attorney General finds that an
alien has reentered the United States 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 is not eligible and may not apply for any
relief under this Act, and the alien shall be removed under
the prior order at any time after the reentry.
``(6) Inadmissible or criminal aliens.--An alien ordered
removed who is inadmissible under section 212, removable
under section 237(a)(1)(C), 237(a)(2), or 237(a)(4) or who
has been determined by the Attorney General 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).
``(7) Employment authorization.--No alien ordered removed
shall be eligible to receive authorization to be employed in
the United States unless the Attorney General makes a
specific finding that--
``(A) the alien cannot be removed due to the refusal of all
countries designated by the alien or under this section to
receive the alien, or
``(B) the removal of the alien 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)--
``(A) In general.--Except as provided by subparagraphs (B)
and (C), an alien who arrives at the United States and with
respect to whom proceedings under section 240 were initiated
at the time of such alien's arrival shall be removed to the
country in which the alien boarded the vessel or aircraft on
which the alien arrived in the United States.
``(B) Travel from contiguous territory.--If the alien
boarded the vessel or aircraft on which the alien arrived in
the United States in a foreign territory contiguous to the
United States, an island adjacent to the United States, or an
island adjacent to a foreign territory contiguous to the
United States, and the alien is not a native, citizen,
subject, or national of, or does not reside in, the territory
or island, removal shall be to the country in which the alien
boarded the vessel that transported the alien to the
territory or island.
``(C) Alternative countries.--If the government of the
country designated in subparagraph (A) or (B) is unwilling to
accept the alien into that country's territory, removal shall
be to any of the following countries, as directed by the
Attorney General:
``(i) The country of which the alien is a citizen, subject,
or national.
``(ii) The country in which the alien was born.
``(iii) The country in which the alien has a residence.
``(iv) A country with a government that will accept the
alien 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)--
``(A) Selection of country by alien.--Except as otherwise
provided in this paragraph--
``(i) any alien not described in paragraph (1) who has been
ordered removed may designate one country to which the alien
wants to be removed, and
``(ii) the Attorney General shall remove the alien to the
country the alien so designates.
``(B) Limitation on designation.--An alien may designate
under subparagraph (A)(i) a foreign territory contiguous to
the United States, an adjacent island, or an island adjacent
to a foreign territory contiguous to the United States as the
place to which the alien is to be removed only if the alien
is a native, citizen, subject, or national of, or has resided
in, that designated territory or island.
``(C) Disregarding designation.--The Attorney General may
disregard a designation under subparagraph (A)(i) if--
``(i) the alien fails to designate a country promptly;
``(ii) the government of the country does not inform the
Attorney General finally, within 30 days after the date the
Attorney General first inquires, whether the government will
accept the alien into the country;
``(iii) the government of the country is not willing to
accept the alien into the country; or
``(iv) the Attorney General decides that removing the alien
to the country is prejudicial to the United States.
``(D) Alternative country.--If an alien is not removed to a
country designated under subparagraph (A)(i), the Attorney
General shall remove the alien to a country of which the
alien is a subject, national, or citizen unless the
government of the country--
``(i) does not inform the Attorney General or the alien
finally, within 30 days after the date the Attorney General
first inquires or within another period of time the Attorney
General decides is reasonable, whether the government will
accept the alien into the country; or
``(ii) is not willing to accept the alien into the country.
``(E) Additional removal countries.--If an alien is not
removed to a country under the previous subparagraphs of this
paragraph, the Attorney General shall remove the alien to any
of the following countries:
``(i) The country from which the alien was admitted to the
United States.

[[Page H11802]]

``(ii) The country in which is located the foreign port
from which the alien left for the United States or for a
foreign territory contiguous to the United States.
``(iii) A country in which the alien resided before the
alien entered the country from which the alien entered the
United States.
``(iv) The country in which the alien was born.
``(v) The country that had sovereignty over the alien's
birthplace when the alien was born.
``(vi) The country in which the alien's birthplace is
located when the alien is ordered removed.
``(vii) If impracticable, inadvisable, or impossible to
remove the alien to each country described in a previous
clause of this subparagraph, another country whose government
will accept the alien into that country.
``(F) Removal country when united states is at war.--When
the United States is at war and the Attorney General decides
that it is impracticable, inadvisable, inconvenient, or
impossible to remove an alien under this subsection because
of the war, the Attorney General may remove the alien--
``(i) to the country that is host to a government in exile
of the country of which the alien is a citizen or subject if
the government of the host country will permit the alien's
entry; or
``(ii) if the recognized government of the country of which
the alien 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 is
a citizen or subject, or, with the consent of the government
of the country of which the alien 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) and (2),
the Attorney General may not remove an alien to a country if
the Attorney General decides that the alien's life or freedom
would be threatened in that country because of the alien's
race, religion, nationality, membership in a particular
social group, or political opinion.
``(B) Exception.--Subparagraph (A) does not apply to an
alien deportable under section 237(a)(4)(D) or if the
Attorney General decides that--
``(i) the alien 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, having been convicted by a final judgment
of a particularly serious crime is a danger to the community
of the United States;
``(iii) there are serious reasons to believe that the alien
committed a serious nonpolitical crime outside the United
States before the alien arrived in the United States; or
``(iv) there are reasonable grounds to believe that the
alien is a danger to the security of the United States.

For purposes of clause (ii), an alien who has been convicted
of an aggravated felony (or felonies) for which the alien 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 from determining that,
notwithstanding the length of sentence imposed, an alien has
been convicted of a particularly serious crime. For purposes
of clause (iv), an alien who is described in section
237(a)(4)(B) shall be considered to be an alien with respect
to whom there are reasonable grounds for regarding as a
danger to the security of the United States.
``(c) Removal of Aliens Arriving at Port of Entry.--
``(1) Vessels and aircraft.--An alien arriving at a port of
entry of the United States who is ordered removed either
without a hearing under section 235(b)(1) or 235(c) or
pursuant to proceedings under section 240 initiated at the
time of such alien's arrival shall be removed immediately on
a vessel or aircraft owned by the owner of the vessel or
aircraft on which the alien arrived in the United States,
unless--
``(A) it is impracticable to remove the alien on one of
those vessels or aircraft within a reasonable time, or
``(B) the alien is a stowaway--
``(i) who has been ordered removed in accordance with
section 235(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 may stay the
removal of an alien under this subsection if the Attorney
General decides that--
``(i) immediate removal is not practicable or proper; or
``(ii) the alien is needed to testify in the prosecution of
a person for a violation of a law of the United States or of
any State.
``(B) Payment of detention costs.--During the period an
alien is detained because of a stay of removal under
subparagraph (A)(ii), the Attorney General may pay from the
appropriation `Immigration and Naturalization Service--
Salaries and Expenses'--
``(i) the cost of maintenance of the alien; and
``(ii) a witness fee of $1 a day.
``(C) Release during stay.--The Attorney General may
release an alien whose removal is stayed under subparagraph
(A)(ii) on--
``(i) the alien's filing a bond of at least $500 with
security approved by the Attorney General;
``(ii) condition that the alien appear when required as a
witness and for removal; and
``(iii) other conditions the Attorney General may
prescribe.
``(3) Costs of detention and maintenance pending removal.--
``(A) In general.--Except as provided in subparagraph (B)
and subsection (d), an owner of a vessel or aircraft bringing
an alien to the United States shall pay the costs of
detaining and maintaining the alien--
``(i) while the alien is detained under subsection (d)(1),
and
``(ii) in the case of an alien who is a stowaway, while the
alien is being detained pursuant to--

``(I) subsection (d)(2)(A) or (d)(2)(B)(i),
``(II) subsection (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, 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
is to be returned, or

``(III) section 235(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 for inspection or at the time the stowaway is
determined to have a credible fear of persecution.

``(B) Nonapplication.--Subparagraph (A) shall not apply
if--
``(i) the alien is a crewmember;
``(ii) the alien has an immigrant visa;
``(iii) the alien has a nonimmigrant visa or other
documentation authorizing the alien to apply for temporary
admission to the United States and applies for admission not
later than 120 days after the date the visa or documentation
was issued;
``(iv) the alien has a reentry permit and applies for
admission not later than 120 days after the date of the
alien's last inspection and admission;
``(v)(I) the alien has a nonimmigrant visa or other
documentation authorizing the alien to apply for temporary
admission to the United States or a reentry permit;
``(II) the alien applies for admission more than 120 days
after the date the visa or documentation was issued or after
the date of the last inspection and admission under the
reentry permit; and
``(III) the owner of the vessel or aircraft satisfies the
Attorney General that the existence of the condition relating
to inadmissibility could not have been discovered by
exercising reasonable care before the alien boarded the
vessel or aircraft; or
``(vi) the individual claims to be a national of the United
States and has a United States passport.
``(d) Requirements of Persons Providing Transportation.--
``(1) Removal at time of arrival.--An owner, agent, master,
commanding officer, person in charge, purser, or consignee of
a vessel or aircraft bringing an alien (except an alien
crewmember) to the United States shall--
``(A) receive an alien back on the vessel or aircraft or
another vessel or aircraft owned or operated by the same
interests if the alien is ordered removed under this part;
and
``(B) take the alien to the foreign country to which the
alien 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 with an alien stowaway--
``(A) shall detain the alien on board the vessel or
aircraft, or at such place as the Attorney General shall
designate, until completion of the inspection of the alien by
an immigration officer;
``(B) may not permit the stowaway to land in the United
States, except pursuant to regulations of the Attorney
General temporarily--
``(i) for medical treatment,
``(ii) for detention of the stowaway by the Attorney
General, or
``(iii) for departure or removal of the stowaway; and
``(C) if ordered by an immigration officer, shall remove
the stowaway on the vessel or aircraft or on another vessel
or aircraft.
The Attorney General shall grant a timely request to remove
the stowaway under subparagraph (C) on a vessel or aircraft
other than that on which the stowaway arrived if the
requester has obtained any travel documents necessary for
departure or repatriation of the stowaway and removal of the
stowaway will not be unreasonably delayed.
``(3) Removal upon order.--An owner, agent, master,
commanding officer, person in charge, purser, or consignee of
a vessel, aircraft, or other transportation line shall comply
with an order of the Attorney General to take on board, guard
safely, and transport to the destination specified any alien
ordered to be removed under this Act.
``(e) Payment of Expenses of Removal.--
``(1) Costs of removal at time of arrival.--In the case of
an alien who is a stowaway or who is ordered removed either
without a hearing under section 235(a)(1) or 235(c) or
pursuant to proceedings under section 240 initiated at the
time of such alien's arrival, the owner of the vessel or
aircraft (if any) on which the alien arrived in the United
States shall pay the transportation cost of removing the
alien. If removal is on a vessel or aircraft not owned by the
owner of the vessel or aircraft on which the alien arrived in
the United States, the Attorney General may--
``(A) pay the cost from the appropriation `Immigration and
Naturalization Service--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 arrived in the United States.
``(2) Costs of removal to port of removal for aliens
admitted or permitted to land.--

[[Page H11803]]

In the case of an alien who has been admitted or permitted to
land and is ordered removed, the cost (if any) of removal of
the alien to the port of removal shall be at the expense of
the appropriation for the enforcement of this Act.
``(3) Costs of removal from port of removal for aliens
admitted or permitted to land.--
``(A) Through appropriation.--Except as provided in
subparagraph (B), in the case of an alien who has been
admitted or permitted to land and is ordered removed, the
cost (if any) of removal of the alien from the port of
removal shall be at the expense of the appropriation for the
enforcement of this Act.
``(B) Through owner.--
``(i) In general.--In the case of an alien described in
clause (ii), the cost of removal of the alien from the port
of removal may be charged to any owner of the vessel,
aircraft, or other transportation line by which the alien
came to the United States.
``(ii) Aliens described.--An alien described in this clause
is an alien who--

``(I) is admitted to the United States (other than lawfully
admitted for permanent residence) and is ordered removed
within 5 years of the date of admission based on a ground
that existed before or at the time of admission, or
``(II) is an alien crewman permitted to land temporarily
under section 252 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 who has been granted
voluntary departure under section 240B and who is financially
unable to depart at the alien's own expense and whose removal
the Attorney General deems to be in the best interest of the
United States, the expense of such removal may be paid from
the appropriation for the enforcement of this Act.
``(f) Aliens Requiring Personal Care During Removal.--
``(1) In general.--If the Attorney General believes that an
alien being removed requires personal care because of the
alien's mental or physical condition, the Attorney General
may employ a suitable person for that purpose who shall
accompany and care for the alien until the alien arrives at
the final destination.
``(2) Costs.--The costs of providing the service described
in paragraph (1) shall be defrayed in the same manner as the
expense of removing the accompanied alien is defrayed under
this section.
``(g) Places of Detention.--
``(1) In general.--The Attorney General shall arrange for
appropriate places of detention for aliens detained pending
removal or a decision on removal. When United States
Government facilities are unavailable or facilities adapted
or suitably located for detention are unavailable for rental,
the Attorney General may expend from the appropriation
`Immigration and Naturalization Service--Salaries and
Expenses', without regard to section 3709 of the Revised
Statutes (41 U.S.C. 5), amounts necessary to acquire land and
to acquire, build, remodel, repair, and operate facilities
(including living quarters for immigration officers 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, the Commissioner 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 or its agencies or officers or any
other person.''.
(b) Reentry of Alien Removed Prior to Completion of Term of
Imprisonment.--Section 276(b) (8 U.S.C. 1326(b)), as amended
by section 321(b) of this division, is amended--
(1) by striking ``or'' at the end of paragraph (2),
(2) by adding ``or'' at the end of paragraph (3), and
(3) by inserting after paragraph (3) the following new
paragraph:
``(4) who was removed from the United States pursuant to
section 241(a)(4)(B) who thereafter, without the permission
of the Attorney General, enters, attempts to enter, or is at
any time found in, the United States (unless the Attorney
General has expressly consented to such alien's reentry)
shall be fined under title 18, United States Code, imprisoned
for not more than 10 years, or both.
(c) Miscellaneous Conforming Amendment.--Section 212(a)(4)
(8 U.S.C. 1182(a)(4)), as amended by section 621(a) of this
division, is amended by striking ``241(a)(5)(B)'' each place
it appears and inserting ``237(a)(5)(B)''.