Page:United States Statutes at Large Volume 110 Part 4.djvu/748

 110 STAT. 3009-585 PUBLIC LAW 104-208—SEPT. 30, 1996 SEC. 303. APPREHENSION AND DETENTION OF ALIENS (REVISED SEC- TION 236). (a) IN GENERAL.—Section 236 (8 U.S.C. 1226) is amended to read as follows: " A PPR E H ENSION AND DETENTION OF ALIENS " SEC. 236. (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 212(a)(2), "(B) is deportable by reason of having committed any offense covered in section 237(a)(2)(A)(ii), (A)(iii), (B), (C), or(D), "(C) is deportable under section 237(a)(2)(A)(i) on the basis of an offense for which the alien has been sentence to a term of imprisonment of at least 1 year, or "(D) is inadmissible under section 212(a)(3)(B) or deportable under section 237(a)(4)(B), 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) 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, United States Code, 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

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