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8 U.S.C. § 1226 — Apprehension and detention of aliens
Federal law — U.S. Code and appendices · legal_authorities
**(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) and pending such decision, the Attorney General—
(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), 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1182/a/2&num=0&edition=prelim),
(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1227/a/2/A/i&num=0&edition=prelim) on the basis of an offense for which the alien has been sentence 11 So in original. Probably should be “sentenced”. to a te
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Stable record: federal_law:legal_authorities:record_usc_6757b4c5c01109e55ab8399f
Source file: Laws/federal/codes/united-states-code/title-8/section-1226-apprehension-and-detention-of-aliens--682ce8179b.md
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Passage SHA-256: 82e391c9b2733489c434381574c5dfa60957efb616f2f939ec4204384f0ec711
Source location: Title 8, Chapter 12, § 1226; chapter-012-immigration-and-nationality.md
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**(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) and pending such decision, the Attorney General—
(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), 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1182/a/2&num=0&edition=prelim),
(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1227/a/2/A/i&num=0&edition=prelim) on the basis of an offense for which the alien has been sentence 11 So in original. Probably should be “sentenced”. to a term of imprisonment of at least 1 year,
(D) is inadmissible under [section 1182(a)(3)(B) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1182/a/3/B&num=0&edition=prelim) or deportable under [section 1227(a)(4)(B) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1227/a/4/B&num=0&edition=prelim), or
(E)
(i) is inadmissible under paragraph (6)(A), (6)(C), or (7) of [section 1182(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1182/a&num=0&edition=prelim); and
(ii) is charged with, is arrested for, is convicted of, admits having committed, or admits committing acts which constitute the essential elements of any burglary, theft, larceny, shoplifting, or assault of a law enforcement officer offense, or any crime that results in death or serious bodily injury to another person,
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) **Definition** — For purposes of paragraph (1)(E), the terms “burglary”, “theft”, “larceny”, “shoplifting”, “assault of a law enforcement officer”, and “serious bodily injury” have the meanings given such terms in the jurisdiction in which the acts occurred.
(3) **Detainer** — The Secretary of Homeland Security shall issue a detainer for an alien described in paragraph (1)(E) and, if the alien is not otherwise detained by Federal, State, or local officials, shall effectively and expeditiously take custody of the alien.
(4) **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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section3521&num=0&edition=prelim) 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 of any alien or the revocation or denial of bond or parole.
**(f) Enforcement by attorney general of a State** The attorney general of a State, or other authorized State officer, alleging an action or decision by the Attorney General or Secretary of Homeland Security under this section to release any alien or grant bond or parole to any alien that harms such State or its residents shall have standing to bring an action against the Attorney General or Secretary of Homeland Security on behalf of such State or the residents of such State in an appropriate district court of the United States to obtain appropriate injunctive relief. The court shall advance on the docket and expedite the disposition of a civil action filed under this subsection to the greatest extent practicable. For purposes of this subsection, a State or its residents shall be considered to have been harmed if the State or its residents experience harm, including financial harm in excess of $100.
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Federal law — U.S. Code and appendices · legal_authorities
There is created and established in the Department of Justice an Immigration and Naturalization Service.
Source: Supplied U.S. Code snapshot — release unconfirmed · 8 U.S.C. § 1551
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Federal law — U.S. Code and appendices · legal_authorities
An alien inadmissible under paragraph (4) of [section 1182(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1182/a&num=0&edition=prelim) may, if otherwise admissible, be admitted in the discretion of the Attorney General (subject to the affidavit of support requirement and attribution of sponsor’s income and resources under [section 1183a of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1183a&num=0&edition=prelim)) upon the giving of a suitable and proper bond or undertaking approved by the Attorney General, in such amount and containing such conditions as he may prescribe, to the United States, and to all States, territories, counties, towns, municipalities, and districts thereof holding the United States and all States, territories, counties, towns, municipalities, and districts thereof harmless against such alien becoming a public charge. Such bond or undertaking shall terminate upon the permanent departure from the United States, the naturalization, or the death of such alien, and any sums or other security held to secure performance thereof, except to the extent forfeited for violation of the terms thereof, shall be returned to the person by whom furnished, or to his legal representatives. Suit may be brought thereon in the name and by the proper law officers of the United States for the use of the United States, or of any State, territory, district, county, town, or municipality in which such alien becomes a public charge, irrespective of whether a demand for payment of public expenses has been made.
Source: Supplied U.S. Code snapshot — release unconfirmed · 8 U.S.C. § 1183
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Improper time or place; avoidance of examination or inspection; misrepresentation and concealment of facts** Any alien who (1) enters or attempts to enter the United States at any time or place other than as designated by immigration officers, or (2) eludes examination or inspection by immigration officers, or (3) attempts to enter or obtains entry to the United States by a willfully false or misleading representation or the willful concealment of a material fact, shall, for the first commission of any such offense, be fined under title 18 or imprisoned not more than 6 months, or both, and, for a subsequent commission of any such offense, be fined under title 18, or imprisoned not more than 2 years, or both.
**(b) Improper time or place; civil penalties** Any alien who is apprehended while entering (or attempting to enter) the United States at a time or place other than as designated by immigration officers shall be subject to a civil penalty of—
(1) at least $50 and not more than $250 for each such entry (or attempted entry); or
(2) twice the amount specified in paragraph (1) in the case of an alien who has been previously subject to a civil penalty under this subsection.
Civil penalties under this subsection are in addition to, and not in lieu of, any criminal or other civil penalties that may be imposed.
**(c) Marriage fraud** Any individual who knowingly enters into a marriage for the purpose of evading any provision of the immigration laws shall be imprisoned for not more than 5 years, or fined not more than $250,000, or both.
**(d) Immigration-related entrepreneurship fraud** Any individual who knowingly establishes a commercial enterprise for the purpose of evading any provision of the immigration laws shall be imprisoned for not more than 5 years, fin
Source: Supplied U.S. Code snapshot — release unconfirmed · 8 U.S.C. § 1325
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** As used in this chapter—
(1) The term “administrator” means the official designated by the Secretary of State pursuant to [section 1104(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1104/b&num=0&edition=prelim).
(2) The term “advocates” includes, but is not limited to, advises, recommends, furthers by overt act, and admits belief in.
(3) The term “alien” means any person not a citizen or national of the United States.
(4) The term “application for admission” has reference to the application for admission into the United States and not to the application for the issuance of an immigrant or nonimmigrant visa.
(5) The term “Attorney General” means the Attorney General of the United States.
(6) The term “border crossing identification card” means a document of identity bearing that designation issued to an alien who is lawfully admitted for permanent residence, or to an alien who is a resident in foreign contiguous territory, by a consular officer or an immigration officer for the purpose of crossing over the borders between the United States and foreign contiguous territory in accordance with such conditions for its issuance and use as may be prescribed by regulations. Such regulations shall provide that (A) each such document include a biometric identifier (such as the fingerprint or handprint of the alien) that is machine readable and (B) an alien presenting a border crossing identification card is not permitted to cross over the border into the United States unless the biometric identifier contained on the card matches the appropriate biometric characteristic of the alien.
(7) The term “clerk of court” means a clerk of a naturalization court.
(8) The terms “Commissioner” and “Deputy Commissioner” mean the Co
Source: Supplied U.S. Code snapshot — release unconfirmed · 8 U.S.C. § 1101
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Inspection**
(1) **Aliens treated as applicants for admission** — An alien present in the United States who has not been admitted or who arrives in the United States (whether or not at a designated port of arrival and including an alien who is brought to the United States after having been interdicted in international or United States waters) shall be deemed for purposes of this chapter an applicant for admission.
(2) **Stowaways** — An arriving alien who is a stowaway is not eligible to apply for admission or to be admitted and shall be ordered removed upon inspection by an immigration officer. Upon such inspection if the alien indicates an intention to apply for asylum under [section 1158 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1158&num=0&edition=prelim) or a fear of persecution, the officer shall refer the alien for an interview under subsection (b)(1)(B). A stowaway may apply for asylum only if the stowaway is found to have a credible fear of persecution under subsection (b)(1)(B). In no case may a stowaway be considered an applicant for admission or eligible for a hearing under [section 1229a of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1229a&num=0&edition=prelim).
(3) **Inspection** — All aliens (including alien crewmen) who are applicants for admission or otherwise seeking admission or readmission to or transit through the United States shall be inspected by immigration officers.
(4) **Withdrawal of application for admission** — An alien applying for admission may, in the discretion of the Attorney General and at any time, be permitted to withdraw the application for admission and depart immediately from the United States.
(5) **Statements** — An applicant fo
Source: Supplied U.S. Code snapshot — release unconfirmed · 8 U.S.C. § 1225
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Federal law — U.S. Code and appendices · legal_authorities
**(a)**
(1) The Attorney General may provide for the relocation and other protection of a witness or a potential witness for the Federal Government or for a State government in an official proceeding concerning an organized criminal activity or other serious offense, if the Attorney General determines that an offense involving a crime of violence directed at the witness with respect to that proceeding, an offense set forth in chapter 73 of this title directed at the witness, or a State offense that is similar in nature to either such offense, is likely to be committed. The Attorney General may also provide for the relocation and other protection of the immediate family of, or a person otherwise closely associated with, such witness or potential witness if the family or person may also be endangered on account of the participation of the witness in the judicial proceeding.
(2) The Attorney General shall issue guidelines defining the types of cases for which the exercise of the authority of the Attorney General contained in paragraph (1) would be appropriate.
(3) The United States and its officers and employees shall not be subject to any civil liability on account of any decision to provide or not to provide protection under this chapter.
**(b)**
(1) In connection with the protection under this chapter of a witness, a potential witness, or an immediate family member or close associate of a witness or potential witness, the Attorney General shall take such action as the Attorney General determines to be necessary to protect the person involved from bodily injury and otherwise to assure the health, safety, and welfare of that person, including the psychological well-being and social adjustment of that person, for as long as, in the judgment of the Attorney General, th
Source: Supplied U.S. Code snapshot — release unconfirmed · 18 U.S.C. § 3521
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Applicable provisions**
(1) **General orders of removal** — Judicial review of a final order of removal (other than an order of removal without a hearing pursuant to [section 1225(b)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1225/b/1&num=0&edition=prelim)) is governed only by chapter 158 of title 28, except as provided in subsection (b) and except that the court may not order the taking of additional evidence under section 2347(c) of such title.
(2) **Matters not subject to judicial review**
(A) *Review relating to section 1225(b)(1)* — Notwithstanding any other provision of law (statutory or nonstatutory), including [section 2241 of title 28](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section2241&num=0&edition=prelim), or any other habeas corpus provision, and sections 1361 and 1651 of such title, no court shall have jurisdiction to review—
(i) except as provided in subsection (e), any individual determination or to entertain any other cause or claim arising from or relating to the implementation or operation of an order of removal pursuant to [section 1225(b)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1225/b/1&num=0&edition=prelim),
(ii) except as provided in subsection (e), a decision by the Attorney General to invoke the provisions of such section,
(iii) the application of such section to individual aliens, including the determination made under [section 1225(b)(1)(B) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1225/b/1/B&num=0&edition=prelim), or
(iv) except as provided in subsection (e), procedures and policies adopted by the Attorney General to implement the prov
Source: Supplied U.S. Code snapshot — release unconfirmed · 8 U.S.C. § 1252
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Federal law enforcement** In the making of appropriations under any provision of this Act or amendment made by this Act that authorizes the making of an appropriation for a Federal law enforcement program for a certain fiscal year in a certain amount out of the Violent Crime Reduction Trust Fund, not to exceed 10 percent of that amount is authorized to be appropriated for that fiscal year for any other Federal law enforcement program for which appropriations are authorized by any other Federal law enforcement provision of this Act or amendment made by this Act. The aggregate reduction in the authorization for any particular Federal law enforcement program may not exceed 10 percent of the total amount authorized to be appropriated from the Violent Crime Reduction Trust Fund for that program in this Act or amendment made by this Act.
**(b) State and local law enforcement** In the making of appropriations under any provision of this Act or amendment made by this Act that authorizes the making of an appropriation for a State and local law enforcement program for a certain fiscal year in a certain amount out of the Violent Crime Reduction Trust Fund, not to exceed 10 percent of that amount is authorized to be appropriated for that fiscal year for any other State and local law enforcement program for which appropriations are authorized by any other State and local law enforcement provision of this Act or amendment made by this Act. The aggregate reduction in the authorization for any particular State and local law enforcement program may not exceed 10 percent of the total amount authorized to be appropriated from the Violent Crime Reduction Trust Fund for that program in this Act or amendment made by this Act.
**(c) Prevention** In the making of appropriations under a
Source: Supplied U.S. Code snapshot — release unconfirmed · 34 U.S.C. § 12633
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Status as person admitted for permanent residence on application and eligibility for immigrant visa** The status of an alien who was inspected and admitted or paroled into the United States or the status of any other alien having an approved petition for classification as a VAWA self-petitioner may be adjusted by the Attorney General, in his discretion and under such regulations as he may prescribe, to that of an alien lawfully admitted for permanent residence if (1) the alien makes an application for such adjustment, (2) the alien is eligible to receive an immigrant visa and is admissible to the United States for permanent residence, and (3) an immigrant visa is immediately available to him at the time his application is filed.
**(b) Record of lawful admission for permanent residence; reduction of preference visas** Upon the approval of an application for adjustment made under subsection (a), the Attorney General shall record the alien’s lawful admission for permanent residence as of the date the order of the Attorney General approving the application for the adjustment of status is made, and the Secretary of State shall reduce by one the number of the preference visas authorized to be issued under sections 1152 and 1153 of this title within the class to which the alien is chargeable for the fiscal year then current.
**(c) Alien crewmen, aliens continuing or accepting unauthorized employment, and aliens admitted in transit without visa** Other than an alien having an approved petition for classification as a VAWA self-petitioner, subsection (a) shall not be applicable to (1) an alien crewman; (2) subject to subsection (k), an alien (other than an immediate relative as defined in [section 1151(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:U
Source: Supplied U.S. Code snapshot — release unconfirmed · 8 U.S.C. § 1255
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Persons liable**
(1) It shall be unlawful for any person, including any transportation company, or the owner, master, commanding officer, agent, charterer, or consignee of any vessel or aircraft, to bring to the United States from any place outside thereof (other than from foreign contiguous territory) any alien who does not have a valid passport and an unexpired visa, if a visa was required under this chapter or regulations issued thereunder.
(2) It is unlawful for an owner, agent, master, commanding officer, person in charge, purser, or consignee of a vessel or aircraft who is bringing an alien (except an alien crewmember) to the United States to take any consideration to be kept or returned contingent on whether an alien is admitted to, or ordered removed from, the United States.
**(b) Evidence** If it appears to the satisfaction of the Attorney General that any alien has been so brought, such person, or transportation company, or the master, commanding officer, agent, owner, charterer, or consignee of any such vessel or aircraft, shall pay to the Commissioner a fine of $3,000 for each alien so brought and, except in the case of any such alien who is admitted, or permitted to land temporarily, in addition, an amount equal to that paid by such alien for his transportation from the initial point of departure, indicated in his ticket, to the port of arrival, such latter fine to be delivered by the Commissioner to the alien on whose account the assessment is made. No vessel or aircraft shall be granted clearance pending the determination of the liability to the payment of such fine or while such fine remains unpaid, except that clearance may be granted prior to the determination of such question upon the deposit of an amount sufficient to cover such fine, or of
Source: Supplied U.S. Code snapshot — release unconfirmed · 8 U.S.C. § 1323
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