Page:United States Statutes at Large Volume 111 Part 3.djvu/559

 PUBLIC LAW 105-141—DEC. 5, 1997 111 STAT. 2647 Public Law 105-141 105th Congress An Act To require the Attorney General to establish a program in local prisons to identify, _ _ __„ prior to arraignment, criminal aliens and aliens who are unlawfully present '.—' - in the United States, and for other purposes. [H.R. 1493] Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. PROGRAM OF IDENTIFICATION OF CERTAIN DEPORTABLE 8 USC 1226 note. ALIENS AWAITING ARRAIGNMENT. (a) ESTABLISHMENT OF PROGRAM.—Not later than 6 months after the date of the enactment of this Act, and subject to such amounts as are provided in appropriations Acts, the Attorney General shall establish and implement a program to identify, from among the individuals who are incarcerated in local governmental incarceration facilities prior to arraignment on criminal charges, those individuals who are within 1 or more of the following classes of deportable aliens: (1) Aliens unlawfully present in the United States. (2) Aliens described in paragraph (2) or (4) of section 237(a) of the Immigration and Nationality Act (as redesignated by section 305(a)(2) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996). (b) DESCRIPTION OF PROGRAM. — The program authorized by subsection (a) shall include— (1) the detail, to each incarceration facility selected under subsection (c), of at least one employee of the Immigration and Naturalization Service who has expertise in the identification of aliens described in subsection (a); and (2) provision of funds sufficient to provide for— (A) the detail of such employees to each selected facility on a full-time basis, including the portions of the day or night when the greatest number of individuals are incarcerated prior to arraignment; (B) access for such employees to records of the Service and other Federal law enforcement agencies that are necessary to identify such aliens; and (C) in the case of an individual identified as such an alien, pre-arraignment reporting to the court regarding the Service's intention to remove the alien from the United States. (c) SELECTION OF FACILITIES.— (1) IN GENERAL.— The Attorney General shall select for participation in the program each incarceration facility that satisfies the following requirements:

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