Sec. 504. CUSTODY PENDING DETERMINATION OF DEPORTABILITY AND EXCLUDABILITY
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## SEC. 504 CUSTODY PENDING DETERMINATION OF DEPORTABILITY AND EXCLUDABILITY ###
(a)Deportability Section 242(a)(2) (8 U.S.C. 1252(a)(2)) is amended— ####
(1)in the first sentence, by striking “upon completion of the alien's sentence for such conviction” and inserting “upon release of the alien (regardless of whether or not such release is on parole, supervised release, or probation, and regardless of the possibility of rearrest or further confinement in respect of the same offense)”, ####
(2)in the second sentence, by inserting “but subject to subparagraph (B)” after “Notwithstanding subsection (a)”, ####
(3)in the second sentence, by striking “subsection (a)” and inserting “paragraph
(1)or subsections
(c)and (d)”, ####
(4)by inserting “(A)” after “(2)”, and ####
(5)by adding at the end the following new subparagraph: > > ##### “(B) > > The Attorney General shall release from custody an alien who is lawfully admitted for permanent residence on bond or such other conditions as the Attorney General may prescribe if the Attorney General determines that the alien is not a threat to the community and that the alien is likely to appear before any scheduled hearings.” > . ###
(b)Excludability Section 236 (8 U.S.C. 1226) is amended by adding at the end the following new subsection: > > ### “(e) > > > ####
(1)> > Pending a determination of excludability, the Attorney General shall take into custody any alien convicted of an aggravated felony upon completion of the alien's sentence for such conviction. > > > #### “(2) > > Notwithstanding any other provision of this section, the Attorney General shall not release such felon from custody unless the Attorney General determines that the alien may not be deported because the condition described in section 243(g) exists. > > > #### “(3) > > If the determination described in paragraph
(2)has been made, the Attorney General may release such alien only after— > > > ##### “(A) > > a procedure for review of each request for relief under this subsection has been established, > > > ##### “(B) > > such procedure includes consideration of the severity of the felony committed by the alien, and > > > ##### “(C) > > the review concludes that the alien will not pose a danger to the safety of other persons or to property.” > . ###
(c)Effective Date The amendments made by this section shall take effect on the date of the enactment of this Act.
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