Title III, Subtitle A
‘‘(f) APPEALS OF DENIALS.—An alien may appeal
from denial of a request for an order of voluntary depar-
ture under subsection (b) in accordance with the proce-
dures in section 242. Notwithstanding the pendency of
such appeal, the alien shall be removable from the United
States 60 days after entry of the order of removal. The
alien’s removal from the United States shall not moot the
appeal.’’.
(b) REPEAL OF SECTION 212(c).—Section 212(c) (8
U.S.C. 1182(c)) is repealed.
SEC. 305. DETENTION AND REMOVAL OF ALIENS ORDERED
REMOVED (NEW SECTION 241).
Title II is further amended—
(1) by striking section 237 (8 U.S.C. 1227),
(2) by redesignating section 241 as section 237
and by moving such section to immediately follow
section 236, and
(3) by inserting after section 240C (as redesig-
nated by section 304(a)(2)) the following new sec-
tion:
‘‘DETENTION AND REMOVAL OF ALIENS ORDERED
REMOVED
‘‘SEC. 241. (a) DETENTION, RELEASE, AND RE-
MOVAL OF ALIENS ORDERED REMOVED.—
‘‘(1) REMOVAL PERIOD.—
Title III, Subtitle A
‘‘(A) IN GENERAL.—Except as otherwise
provided in this section, when an alien is or-
dered removed, the Attorney General shall re-
move the alien from the United States within a
period of 90 days (in this section referred to as
the ‘removal period’).
‘‘(B) BEGINNING
OF
PERIOD.—The re-
moval period begins on the latest of the follow-
ing:
‘‘(i) The date the order of removal be-
comes administratively final.
‘‘(ii) If the removal order is judicially
reviewed and such review serves to stay the
removal of the alien, the date of the court’s
final order.
‘‘(iii) If the alien is detained or con-
fined (except under an immigration proc-
ess), the date the alien is released from de-
tention or confinement.
‘‘(C) SUSPENSION
OF
PERIOD.—The re-
moval period shall be extended beyond a period
of 90 days and the alien may remain in deten-
tion during such extended period if the alien
willfully fails or refuses to make timely applica-
tion in good faith for travel or other documents
Title III, Subtitle A
necessary to the alien’s departure or conspires
or acts to prevent the alien’s removal subject to
an order of removal.
‘‘(2) DETENTION AND RELEASE BY THE ATTOR-
NEY GENERAL.—During the removal period, the At-
torney General shall detain the alien. If there is in-
sufficient detention space to detain the alien, the At-
torney General shall make a specific finding to this
effect and may release the alien on a bond contain-
ing such conditions as the Attorney General may
prescribe.
‘‘(3) SUPERVISION AFTER 90-DAY PERIOD.—If
the alien does not leave or is not removed within the
removal period, the alien, pending removal, shall be
subject to supervision under regulations prescribed
by the Attorney General. The regulations shall in-
clude provisions requiring the alien—
‘‘(A) to appear before an immigration offi-
cer periodically for identification;
‘‘(B) to submit, if necessary, to a medical
and psychiatric examination at the expense of
the United States Government;
‘‘(C) to give information under oath about
the alien’s nationality, circumstances, habits,
associations, and activities, and other informa-
Title III, Subtitle A
tion the Attorney General considers appro-
priate; and
‘‘(D) to obey reasonable written restric-
tions on the alien’s conduct or activities that
the Attorney General prescribes for the alien.
‘‘(4) ALIENS IMPRISONED, ARRESTED, OR ON
PAROLE, SUPERVISED RELEASE, OR PROBATION.—
Except as provided in section 343(a) of the Public
Health Service Act (42 U.S.C. 259(a)), the Attorney
General may not remove an alien who is sentenced
to imprisonment until the alien is released from im-
prisonment. Parole, supervised release, probation, or
possibility of arrest or further imprisonment is not
a reason to defer removal.
‘‘(5) REINSTATEMENT
OF
REMOVAL
ORDERS
AGAINST ALIENS ILLEGALLY REENTERING.—If the
Attorney General finds that an alien has reentered
the United States illegally after having been removed
or having departed voluntarily, under an order of re-
moval, the prior order of removal is reinstated from
its original date and is not subject to being reopened
or reviewed, and the alien shall be removed under
the prior order at any time after the reentry.
‘‘(6) INADMISSIBLE ALIENS.—An alien ordered
removed who is inadmissible under section 212 may
Title III, Subtitle A
be detained beyond the removal period and, if re-
leased, shall be subject to the terms of supervision
in paragraph (3).
‘‘(7) EMPLOYMENT AUTHORIZATION.—No alien
ordered removed shall be eligible to receive author-
ization to be employed in the United States unless
the Attorney General makes a specific finding that—
‘‘(A) the alien cannot be removed due to
the refusal of all countries designated by the
alien or under this section to receive the alien,
or
‘‘(B) the removal of the alien is otherwise
impracticable or contrary to the public interest.
‘‘(b) COUNTRIES TO WHICH ALIENS MAY BE RE-
MOVED.—
‘‘(1) ALIENS
ARRIVING
AT
THE
UNITED
STATES.—Subject to paragraph (3)—
‘‘(A) IN GENERAL.—Except as provided by
subparagraphs (B) and (C), an alien who ar-
rives at the United States and with respect to
whom proceedings under section 240 were initi-
ated at the time of such alien’s arrival shall be
removed to the country in which the alien
boarded the vessel or aircraft on which the alien
arrived in the United States.
Title III, Subtitle A
‘‘(i) the alien is a crewmember;
‘‘(ii) the alien has an immigrant visa;
‘‘(iii) the alien has a nonimmigrant
visa or other documentation authorizing
the alien to apply for temporary admission
to the United States and applies for admis-
sion not later than 120 days after the date
the visa or documentation was issued;
‘‘(iv) the alien has a reentry permit
and applies for admission not later than
120 days after the date of the alien’s last
inspection and admission;
‘‘(v)(I) the alien has an nonimmigrant
visa or other documentation authorizing
the alien to apply for temporary admission
to the United States or a reentry permit;
‘‘(II) the alien applies for admission
more than 120 days after the date the visa
or documentation was issued or after the
date of the last inspection and admission
under the reentry permit; and
‘‘(III) the owner of the vessel or air-
craft satisfies the Attorney General that
the existence of the condition relating to
inadmissibility could not have been discov-