8 USC 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 detained 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 criminal 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 described in paragraph (1) are held.
(b) Length of detention, transfers, and dispositions
Terms Used In 8 USC 1378
- Attorney General: means the Attorney General of the United States. See 8 USC 1101
- Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
- immigration laws: includes this chapter and all laws, conventions, and treaties of the United States relating to the immigration, exclusion, deportation, expulsion, or removal of aliens. See 8 USC 1101
- naturalization: means the conferring of nationality of a state upon a person after birth, by any means whatsoever. See 8 USC 1101
- Service: means the Immigration and Naturalization Service of the Department of Justice. See 8 USC 1101
- State: includes the District of Columbia, Puerto Rico, Guam, the Virgin Islands of the United States, and the Commonwealth of the Northern Mariana Islands. See 8 USC 1101
- United States: except as otherwise specifically herein provided, when used in a geographical sense, means the continental United States, Alaska, Hawaii, Puerto Rico, Guam, the Virgin Islands of the United States, and the Commonwealth of the Northern Mariana Islands. See 8 USC 1101
With respect to detainees who are criminal aliens and detainees who are noncriminal aliens who are not seeking asylum, the Attorney General shall also collect data concerning—
(1) the number and frequency of transfers between 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 disposition of detention, including whether detention ended due to deportation, release on parole, or any other release.
(c) Criminal aliens
With respect to criminal aliens, the Attorney General shall also collect data concerning—
(1) the number of criminal aliens apprehended under the immigration laws and not detained by the Attorney General; and
(2) a list of crimes committed by criminal aliens after the decision was made not to detain them, to the extent this information can be derived by cross-checking the list of criminal aliens not detained with other databases accessible to the Attorney General.
(d) Annual reports
Beginning on October 1, 1999, and not later than October 1 of each year thereafter, the Attorney General shall submit to the Committee on the Judiciary of each House of Congress a report setting forth the data collected under subsections (a), (b), and (c) for the fiscal year ending September 30 of that year.
(e) Availability to public
Copies of the data collected under subsections (a), (b), and (c) shall be made available to members of the public upon request pursuant to such regulations as the Attorney General shall prescribe.