Sec. 8. Federal custody of aliens unlawfully present in the United States apprehended by State or local law enforcement
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Title II of the Immigration and Nationality Act ( 8 U.S.C. 1151 et seq.) is amended by inserting after section 240C the following: If a State, or a political subdivision of the State, exercising authority with respect to the apprehension or arrest of an alien who is unlawfully present in the United States submits to the Secretary of Homeland Security a request that the alien be taken into Federal custody, the Secretary— not later than 48 hours after the conclusion of the State, or the political subdivision of a State, charging process or dismissal process, or if no State or political subdivision charging or dismissal process is required, not later than 48 hours after the alien is apprehended, shall take the alien into the custody of the Federal Government and incarcerate the alien; or shall request that the relevant State or local law enforcement agency temporarily incarcerate or transport the alien for transfer to Federal custody.
In carrying out section 241(g)(1), the Attorney General or the Secretary of Homeland Security shall ensure that an alien arrested under this Act shall be detained, pending the alien’s being taken for the examination under this section, in a State or local prison, jail, detention center, or other comparable facility. Notwithstanding any other provision of law or regulation, such facility is adequate for detention, if— such a facility is the most suitably located Federal, State, or local facility available for such purpose under the circumstances; an appropriate arrangement for such use of the facility can be made; and such facility satisfies the standards for the housing, care, and security of persons held in custody of a United States marshal.
The Secretary of Homeland Security shall reimburse States, and political subdivisions of a State, for all reasonable expenses, as determined by the Secretary, incurred by the State, or political subdivision, as a result of the incarceration and transportation of an alien who is unlawfully present in the United States as described in subparagraphs
(A)and
(B)of subsection (a)(1). Compensation provided for costs incurred under such subparagraphs shall be the average cost of incarceration of a prisoner in the relevant State, as determined by the chief executive officer of a State, or of a political subdivision of a State, plus the cost of transporting the alien from the point of apprehension to the place of detention, and to the custody transfer point if the place of detention and place of custody are different. The Secretary of Homeland Security shall ensure that aliens incarcerated in Federal facilities pursuant to this Act are held in facilities that provide an appropriate level of security. In carrying out this section, the Secretary of Homeland Security shall establish a regular circuit and schedule for the prompt transfer of apprehended aliens from the custody of States, and political subdivisions of a State, to Federal custody. The Secretary may enter into contracts, including appropriate private contracts, to implement this subsection. For purposes of this section, the term alien who is unlawfully present in the United States means an alien who— entered the United States without inspection or at any time, manner or place other than that designated by the Secretary of Homeland Security; was admitted as a nonimmigrant and who, at the time the alien was taken into custody by the State, or a political subdivision of the State, had failed to— maintain the nonimmigrant status in which the alien was admitted or to which it was changed under section 248; or comply with the conditions of any such status; was admitted as an immigrant and has subsequently failed to comply with the requirements of that status; or failed to depart the United States under a voluntary departure agreement or under a final order of removal. . The table of contents of such Act is amended by inserting after the item relating to section 240C the following new item: Sec. 240D. Custody of aliens unlawfully present in the United States. . Not later than three years after the date of the enactment of this Act, the Comptroller General of the United States shall conduct an audit of compensation to States, and to political subdivisions of a State, for the incarceration of aliens unlawfully present in the United States under section 240D(a) of the Immigration and Nationality Act (as added by subsection (a)(1)).
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Sec. 8
Federal custody of aliens unlawfully present in the United States apprehended by State or local law enforcement
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