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8 U.S.C. § 1378a — Report on aliens detained
Federal law — U.S. Code and appendices · legal_authorities
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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1225/b/1/B/v&num=0&edition=prelim); 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1229&num=0&edition=prelim), disaggregated by single adults and members of family units; 11 See Additio
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Stable record: federal_law:legal_authorities:record_usc_457c6cb577b1c06d8ecdea96
Source file: Laws/federal/codes/united-states-code/title-8/section-1378a-report-on-aliens-detained--3f26df74e2.md
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Source location: Title 8, Chapter 12, § 1378a; chapter-012-immigration-and-nationality.md
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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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1225/b/1/B/v&num=0&edition=prelim); 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1229&num=0&edition=prelim), disaggregated by single adults and members of family units; 11 See Additional Reporting Requirements note below.
(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.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Notice to appear**
(1) **In general** — In removal proceedings under [section 1229a of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1229a&num=0&edition=prelim), written notice (in this section referred to as a “notice to appear”) shall be given in person to the alien (or, if personal service is not practicable, through service by mail to the alien or to the alien’s counsel of record, if any) specifying the following:
(A) The nature of the proceedings against the alien.
(B) The legal authority under which the proceedings are conducted.
(C) The acts or conduct alleged to be in violation of law.
(D) The charges against the alien and the statutory provisions alleged to have been violated.
(E) The alien may be represented by counsel and the alien will be provided (i) a period of time to secure counsel under subsection (b)(1) and (ii) a current list of counsel prepared under subsection (b)(2).
(F)
(i) The requirement that the alien must immediately provide (or have provided) the Attorney General with a written record of an address and telephone number (if any) at which the alien may be contacted respecting proceedings under [section 1229a of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1229a&num=0&edition=prelim).
(ii) The requirement that the alien must provide the Attorney General immediately with a written record of any change of the alien’s address or telephone number.
(iii) The consequences under [section 1229a(b)(5) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1229a/b/5&num=0&edition=prelim) of failure to provide address and telephone information pursuant to this subparagraph.
(G)
(i) The time an
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Federal law — U.S. Code and appendices · legal_authorities
Page 477
TITLE 8—ALIENS AND NATIONALITY
§ 1378a
1 See Additional Reporting Requirements note below.
§ 1378. Collection of data on other detained
aliens
(a) In general
The Attorney General shall regularly collect
data on a nationwide basis on aliens being de-
tained 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:
(1) The number of detainees who are crimi-
nal aliens and the number of detainees who
are noncriminal aliens who are not seeking
asylum.
(2) An identification of the ages, gender, and
countries of origin of detainees within each
category described in paragraph (1).
(3) 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 de-
scribed in paragraph (1) are held.
(b) Length of detention, transfers, and disposi-
tions
With respect to detainees who are criminal
aliens and detainees who are noncriminal aliens
who are not seeking asylum, the Attorney Gen-
eral shall also collect data concerning—
(1) the number and frequency of transfers be-
tween detention facilities for each category of
detainee;
(2) the average length of detention of each
category of detainee;
(3) for each category of detainee, the number
of detainees who have been detained for the
same length of time, in 3-month increments;
(4) for each category of detainee, the rate of
release from detention for each district of the
Immigration and Naturalization Service; and
(5) for each category of detainee, the disposi-
tion of detention, including whether detention
ended due to deportation, release on parole, or
any other release.
(c)
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