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U.S. Code as of:
01/03/05
Section 1226. Apprehension and detention of aliens
(a) Arrest, detention, and release
On a warrant issued by the Attorney General, an alien may be
arrested and detained pending a decision on whether the alien is to
be removed from the United States. Except as provided in subsection
(c) of this section and pending such decision, the Attorney General
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(1) may continue to detain the arrested alien; and
(2) may release the alien on -
(A) bond of at least $1,500 with security approved by, and
containing conditions prescribed by, the Attorney General; or
(B) conditional parole; but
(3) may not provide the alien with work authorization
(including an "employment authorized" endorsement or other
appropriate work permit), unless the alien is lawfully admitted
for permanent residence or otherwise would (without regard to
removal proceedings) be provided such authorization.
(b) Revocation of bond or parole
The Attorney General at any time may revoke a bond or parole
authorized under subsection (a) of this section, rearrest the alien
under the original warrant, and detain the alien.
(c) Detention of criminal aliens
(1) Custody
The Attorney General shall take into custody any alien who -
(A) is inadmissible by reason of having committed any offense
covered in section 1182(a)(2) of this title,
(B) is deportable by reason of having committed any offense
covered in section 1227(a)(2)(A)(ii), (A)(iii), (B), (C), or
(D) of this title,
(C) is deportable under section 1227(a)(2)(A)(i) of this
title on the basis of an offense for which the alien has been
sentence (!1) to a term of imprisonment of at least 1 year, or
(D) is inadmissible under section 1182(a)(3)(B) of this title
or deportable under section 1227(a)(4)(B) of this title,
when the alien is released, without regard to whether the alien
is released on parole, supervised release, or probation, and
without regard to whether the alien may be arrested or imprisoned
again for the same offense.
(2) Release
The Attorney General may release an alien described in
paragraph (1) only if the Attorney General decides pursuant to
section 3521 of title 18 that release of the alien from custody
is necessary to provide protection to a witness, a potential
witness, a person cooperating with an investigation into major
criminal activity, or an immediate family member or close
associate of a witness, potential witness, or person cooperating
with such an investigation, and the alien satisfies the Attorney
General that the alien will not pose a danger to the safety of
other persons or of property and is likely to appear for any
scheduled proceeding. A decision relating to such release shall
take place in accordance with a procedure that considers the
severity of the offense committed by the alien.
(d) Identification of criminal aliens
(1) The Attorney General shall devise and implement a system -
(A) to make available, daily (on a 24-hour basis), to Federal,
State, and local authorities the investigative resources of the
Service to determine whether individuals arrested by such
authorities for aggravated felonies are aliens;
(B) to designate and train officers and employees of the
Service to serve as a liaison to Federal, State, and local law
enforcement and correctional agencies and courts with respect to
the arrest, conviction, and release of any alien charged with an
aggravated felony; and
(C) which uses computer resources to maintain a current record
of aliens who have been convicted of an aggravated felony, and
indicates those who have been removed.
(2) The record under paragraph (1)(C) shall be made available -
(A) to inspectors at ports of entry and to border patrol agents
at sector headquarters for purposes of immediate identification
of any alien who was previously ordered removed and is seeking to
reenter the United States, and
(B) to officials of the Department of State for use in its
automated visa lookout system.
(3) Upon the request of the governor or chief executive officer
of any State, the Service shall provide assistance to State courts
in the identification of aliens unlawfully present in the United
States pending criminal prosecution.
(e) Judicial review
The Attorney General's discretionary judgment regarding the
application of this section shall not be subject to review. No
court may set aside any action or decision by the Attorney General
under this section regarding the detention or release of any alien
or the grant, revocation, or denial of bond or parole.
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