Title III, Subtitle A
SEC. 303. APPREHENSION AND DETENTION OF ALIENS NOT
LAWFULLY IN THE UNITED STATES (REVISED
SECTION 236).
Section 236 (8 U.S.C. 1226) is amended to read as
follows:
‘‘APPREHENSION AND DETENTION OF ALIENS NOT
LAWFULLY IN THE UNITED STATES
‘‘SEC. 236. (a) ARREST, DETENTION, AND RE-
LEASE.—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 pre-
scribed by, the Attorney General; or
‘‘(B) conditional parole; but
‘‘(3) may not provide the alien with work au-
thorization (including an ‘employment authorized’
endorsement or other appropriate work permit), un-
less the alien is lawfully admitted for permanent res-
idence or otherwise would (without regard to re-
moval proceedings) be provided such authorization.
Title III, Subtitle A
‘‘(b) REVOCATION OF BOND OR PAROLE.—The At-
torney 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) ALIENS CONVICTED
OF AGGRAVATED FELO-
NIES.—
‘‘(1) CUSTODY.—The Attorney General shall
take into custody any alien convicted of an aggra-
vated felony when the alien is released, whether the
alien is released on parole, supervised release, or
probation, or may be arrested or imprisoned again
for the same offense.
‘‘(2) RELEASE.—The Attorney General may re-
lease the alien only if—
‘‘(A) the alien was lawfully admitted to the
United States and satisfies the Attorney Gen-
eral 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;
‘‘(B) the alien was not lawfully admitted to
the United States, cannot be removed because
the designated country of removal will not ac-
cept the alien, and satisfies the Attorney Gen-
eral that the alien will not pose a danger to the
safety of other persons or of property and is
Title III, Subtitle A
likely to appear for any scheduled proceeding;
or
‘‘(C) the Attorney General decides pursu-
ant 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 cooperat-
ing with such an investigation.
A decision relating to such release shall take place
in accordance with a procedure that considers the
severity of the offense committed by the alien.
‘‘(d) IDENTIFICATION OF ALIENS CONVICTED OF AG-
GRAVATED FELONIES.—(1) The Attorney General shall
devise and implement a system—
‘‘(A) to make available, daily (on a 24-hour
basis), to Federal, State, and local authorities the
investigative resources of the Service to determine
whether individuals arrested by such authorities for
aggravated felonies are aliens;
‘‘(B) to designate and train officers and em-
ployees of the Service to serve as a liaison to Fed-
eral, State, and local law enforcement and correc-
Title III, Subtitle A
tional agencies and courts with respect to the arrest,
conviction, and release of any alien charged with an
aggravated felony; and
‘‘(C) which uses computer resources to main-
tain a current record of aliens who have been con-
victed of an aggravated felony and who have been
removed.
‘‘(2) The record under paragraph (1)(C) shall be
made available—
‘‘(A) to inspectors at ports of entry and to bor-
der patrol agents at sector headquarters for pur-
poses of immediate identification of any such pre-
viously removed alien seeking to reenter the United
States, and
‘‘(B) to officials of the Department of State for
use in its automated visa lookout system.’’.
SEC. 304. REMOVAL PROCEEDINGS; CANCELLATION OF RE-
MOVAL AND ADJUSTMENT OF STATUS; VOL-
UNTARY DEPARTURE (REVISED AND NEW
SECTIONS 239 TO 240C).
(a) IN GENERAL.—Chapter 4 of title II is amended—
(1) by redesignating section 239 as section 234
and by moving such section to immediately follow
section 233;
Title III, Subtitle A
(2) by redesignating section 240 (8 U.S.C.
1230) as section 240C; and
(3) by inserting after section 238 the following
new sections:
‘‘INITIATION OF REMOVAL PROCEEDINGS
‘‘SEC. 239. (a) NOTICE TO APPEAR.—
‘‘(1) IN
GENERAL.—In removal proceedings
under section 240, written notice (in this section re-
ferred to as a ‘notice to appear’) shall be given in
person to the alien (or, if personal service is not
practicable, through service by mail to the alien or
to the alien’s counsel of record, if any) specifying the
following:
‘‘(A) The nature of the proceedings against
the alien.
‘‘(B) The legal authority under which the
proceedings are conducted.
‘‘(C) The acts or conduct alleged to be in
violation of law.
‘‘(D) The charges against the alien and the
statutory provisions alleged to have been vio-
lated.
‘‘(E) The alien may be represented by
counsel and the alien will be provided (A) a pe-
riod of time to secure counsel under subsection
Title III, Subtitle A
(b)(1) and (B) a current list of counsel pre-
pared under subsection (b)(2).
‘‘(F)(i) The requirement that the alien
must immediately provide (or have provided)
the Attorney General with a written record of
an address and telephone number (if any) at
which the alien may be contacted respecting
proceedings under section 240.
‘‘(ii) The requirement that the alien must
provide the Attorney General immediately with
a written record of any change of the alien’s ad-
dress or telephone number.
‘‘(iii) The consequences under section
240(b)(5) of failure to provide address and tele-
phone information pursuant to this subpara-
graph.
‘‘(G)(i) The time and place at which the
proceedings will be held.
‘‘(ii) The consequences under section
240(b)(5) of the failure, except under excep-
tional circumstances, to appear at such proceed-
ings.
‘‘(2) NOTICE OF CHANGE IN TIME OR PLACE OF
PROCEEDINGS.—