Notes on 8 U.S.C. § 1231 : US Code - Notes

Search Notes on 8 U.S.C. § 1231 : US Code - Notes

(June 27, 1952, ch. 477, title II, ch. 4, Sec. 241, as added and
amended Pub. L. 104-208, div. C, title III, Secs. 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, Sec. 11014, Nov. 2,
2002, 116 Stat. 1824; Pub. L. 109-13, div. B, title I, Sec. 101(c),
May 11, 2005, 119 Stat. 303; Pub. L. 109-162, title XI, Sec.
1196(a), (b), Jan. 5, 2006, 119 Stat. 3130.)
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repealed by Pub.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, Sec. 3405(a),
Oct. 17, 2000, 114 Stat. 1221.
CODIFICATION                           
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,
Sec. 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, Sec. 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                            
2006 - Subsec. (i)(5). Pub. L. 109-162, Sec. 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, Sec. 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, Sec. 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, Sec. 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, Sec. 328(a)(1)(B), added par.
(6).
EFFECTIVE DATE OF 2006 AMENDMENT                 
Pub. L. 109-162, title XI, Sec. 1196(d), as added by Pub. L. 109-
271, Sec. 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.
Section 328(a)(2) of div. C of Pub. L. 104-208 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, Sec. 2242, Oct.
21, 1998, 112 Stat. 2681-822, provided that:
"(a) 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.
"(b) 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.
"(c) 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)).
"(d) 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).
"(e) 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.].
"(f) Definitions. - 
"(1) 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.
"(2) 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
Section 387 of div. C of Pub. L. 104-208 provided that:
"(a) 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.
"(b) 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.
"(c) Definition. - For purposes of this section, the term 'base
closure law' means each of the following:
"(1) 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).
"(2) Title II of the Defense Authorization Amendments and Base
Closure and Realignment Act (Public Law 100-526; 10 U.S.C. 2687
note).
"(3) Section 2687 of title 10, United States Code.
"(4) Any other similar law enacted after the date of the
enactment of this Act [Sept. 30, 1996]."
INTERIOR REPATRIATION PROGRAM                   
Section 388 of div. C of Pub. L. 104-208 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, Sec. 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, Sec. 20301(c), Sept. 13, 1994, 108
Stat. 1824, as amended by Pub. L. 104-208, div. C, title III, Sec.
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, Sec. 1172(c),
Jan. 5, 2006, 119 Stat. 3123.
(!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)".