Sec. 605. Reports to Congress on the exercise and abuse of prosecutorial discretion

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Not later than 180 days after the end of each fiscal year, the Secretary of Homeland Security and the Attorney General shall each provide to the Committees on the Judiciary of the House of Representatives and of the Senate a report on the following: Aliens apprehended or arrested by State or local law enforcement agencies who were identified by the Department of Homeland Security in the previous fiscal year and for whom the Department of Homeland Security did not issue detainers and did not take into custody despite the Department of Homeland Security’s findings that the aliens were inadmissible or deportable.

Aliens who were applicants for admission in the previous fiscal year but not clearly and beyond a doubt entitled to be admitted by an immigration officer and who were not detained as required pursuant to section 235(b)(2)(A) of the Immigration and Nationality Act ( 8 U.S.C. 1225(b)(2)(A) ). Aliens who in the previous fiscal year were found by Department of Homeland Security officials performing duties related to the adjudication of applications for immigration benefits or the enforcement of the immigration laws to be inadmissible or deportable who were not issued notices to appear pursuant to section 239 of such Act ( 8 U.S.C. 1229 ) or placed into removal proceedings pursuant to section 240 ( 8 U.S.C. 1229a ), unless the aliens were placed into expedited removal proceedings pursuant to section 235(b)(1)(A)(i) ( 8 U.S.C. 1225(b)(1)(A)(5) ) or section 238 ( 8 U.S.C. 1228 ), were granted voluntary departure pursuant to section 240B, were granted relief from removal pursuant to statute, were granted legal nonimmigrant or immigrant status pursuant to statute, or were determined not to be inadmissible or deportable.

Aliens issued notices to appear that were cancelled in the previous fiscal year despite the Department of Homeland Security’s findings that the aliens were inadmissible or deportable, unless the aliens were granted relief from removal pursuant to statute, were granted voluntary departure pursuant to section 240B of such Act ( 8 U.S.C. 1229c ), or were granted legal nonimmigrant or immigrant status pursuant to statute. Aliens who were placed into removal proceedings, whose removal proceedings were terminated in the previous fiscal year prior to their conclusion, unless the aliens were granted relief from removal pursuant to statute, were granted voluntary departure pursuant to section 240B, were granted legal nonimmigrant or immigrant status pursuant to statute, or were determined not to be inadmissible or deportable.

Aliens granted parole pursuant to section 212(d)(5)(A) of such Act ( 8 U.S.C. 1182(d)(5)(A) ). Aliens granted deferred action, extended voluntary departure or any other type of relief from removal not specified in the Immigration and Nationality Act or where determined not to be inadmissible or deportable. The report shall include a listing of each alien described in each paragraph of subsection (a), including when in the possession of the Department of Homeland Security their names, fingerprint identification numbers, alien registration numbers, and reason why each was granted the type of prosecutorial discretion received.

The report shall also include current criminal histories on each alien from the Federal Bureau of Investigation.

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Sec. 605

Reports to Congress on the exercise and abuse of prosecutorial discretion

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