§ 3720 : REPORTING AND RECORD-KEEPING REQUIREMENTS RELATING TO THE DETENTION OF ALIENS.

IN GENERAL.—In order for Congress and the public to assess the full costs of apprehending, detaining, processing, supervising, and removing aliens and how the money Congress appropriates for detention is allocated by Federal agencies, the Assistant Secretary for Immigration and Customs and Enforcement (referred to in this section as the Assistant Secretary), the Director of the Executive Office of Immigration Review, and the Commissioner responsible for U.S. Customs and Border Protection (referred to in this section as the Commissioner) shall—

1.

maintain the information required under subsections (b), (c), and (d); and

2.

submit reports on that information to Congress and make that information available to the public in accordance with subsection (e).

MAINTENANCE OF INFORMATION BY U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT.—The Assistant Secretary shall record and maintain, in the database of U.S. Immigration and Customs Enforcement relating to detained aliens, the following information with respect to each alien detained pursuant to the Immigration and Nationality Act (8 U.S.C. 1101 et seq.):

1.

The provision of law that provides specific authority for the alien’s detention and the beginning and end dates of the alien’s detention pursuant to that authority. If the alien’s detention is authorized by different provisions of law during different periods of time, the Assistant Secretary shall record and maintain the provision of law that provides authority for the alien’s detention during each such period.

2.

The place where the alien was apprehended or where U.S. Immigration and Customs Enforcement assumed custody of the alien.

3.

Each location where U.S. Immigration and Customs Enforcement detains the alien until the alien is released from custody or removed from the United States, including any period of redetention.

4.

The gender and age of each detained alien in the custody of U.S. Immigration and Customs Enforcement.

5.

The number of days the alien is detained, including the number of days spent in any given detention facility and the total amount of time spent in detention.

6.

The immigration charges that are the basis for the alien’s removal proceedings.

7.

The status of the alien’s removal proceedings and each date on which those proceedings progress from 1 stage of proceeding to another.

8.

The length of time the alien was detained following a final administrative order of removal and the reasons for the continued detention.

9.

The initial custody determination or review made by U.S. Immigration and Customs Enforcement, including whether the alien received notice of a custody determination or review and when the custody determination or review took place.

10.

The risk assessment results for the alien, including if the alien is subject to mandatory custody or detention.

11.

The reason for the alien’s release from detention and the conditions of release imposed on the alien, if applicable.

MAINTENANCE OF INFORMATION BY EXECUTIVE OFFICE OF IMMIGRATION REVIEW.—The Director of the Executive Office of Immigration Review shall record and maintain in the database of the Executive Office of Immigration Review relating to detained aliens in removal proceedings the following information with respect to each such alien:

1.

The immigration charges that are the basis for the alien’s removal proceedings, including any revision of the immigration charges and the date of each such revision.

2.

The gender and age of the alien.

3.

The status of the alien’s removal proceedings and each date on which those proceedings progress from one stage of proceeding to another.

4.

The statutory basis for any bond hearing conducted and the outcomes of the bond hearing.

5.

Whether each court hearing is conducted in person, by audio link, or by video conferencing.

6.

The date of each attorney entry of appearance before an immigration judge using Form EOIR–28 and the scope of the appearance to which the form related.

MAINTENANCE OF INFORMATION BY U.S. CUSTOMS AND BORDER PROTECTION.—The Commissioner shall record and maintain in the database of U.S. Customs and Border Protection relating to detained aliens the following information with respect to each alien detained pursuant to the Immigration and Nationality Act (8 U.S.C. 1101 et seq.):

1.

The provision of law that provides specific authority for the alien’s detention and the beginning and end dates of the alien’s detention.

2.

The place where the alien was apprehended.

3.

The gender and age of the alien.

4.

Each location where U.S. Customs and Border Protection detains the alien until the alien is released from custody or removed from the United States, including any period of redetention.

5.

The number of days that the alien is detained in the custody of U.S. Customs and Border Protection.

6.

The immigration charges that are the basis for the alien’s removal proceedings while the alien is in the custody of U.S. Customs and Border Protection.

7.

The initial custody determination by U.S. Customs and Border Protection, including whether the alien received notice of a custody determination or review, when the custody determination or review took place, and whether U.S. Customs and Border Protection offered the option of stipulated removal to a detained alien.

8.

The reason for the alien’s release from detention and the conditions of release to detention imposed on the alien, if applicable.

REPORTING REQUIREMENTS.—

1.

PERIODIC REPORTS.—The Assistant Secretary, the Director of the Executive Office of Immigration Review, and the Commissioner shall periodically, but not less frequently than annually, submit to Congress a report containing a summary of the information required to be maintained by this section. Each such report shall include summaries of national-level data as well as summaries of the information required by this section by State and county.

2.

OTHER REPORTS.—The Assistant Secretary shall report to Congress not less frequently than annually on—

A.

the number of aliens detained for more than 3 months, 6 months, 1 year, and 2 years; and

B.

the average period of detention before receipt of a final administrative order of removal and after receipt of such an order.

3.

AVAILABILITY TO PUBLIC.—The reports required under this subsection and the information for each alien on which the reports are based shall be made available to the public without the need to submit a request under section 552 of title 5, United States Code (commonly referred to as the Freedom of Information Act).

4.

PRIVACY PROTECTIONS.—No alien’s identity may be disclosed when information described in paragraph (3) is made publicly available.

DEFINITIONS.—In this section:

1.

CASE OUTCOME.—The term case outcome includes a grant of relief from deportation under section 240A of the Immigration and Nationality Act (8 U.S.C. 1229b), voluntary departure pursuant to section 240B of that Act (8 U.S.C. 1229c), removal pursuant to section 238 of that Act (8 U.S.C. 1228), judicial termination of proceedings, termination of proceedings by U.S. Immigration and Customs Enforcement, cancellation of the notice to appear, or permission to withdraw application for admission without any removal order being issued.

2.

PLACE WHERE THE ALIEN WAS APPREHENDED.—The term place where the alien was apprehended refers to the city, county, and State where an alien is apprehended.

3.

REASON FOR THE ALIEN’S RELEASE FROM DETENTION.—The term reason for the alien’s release from detention refers to release on bond, on an alien’s own recognizance, on humanitarian grounds, after grant of relief, or due to termination of proceedings or removal.

4.

REMOVAL PROCEEDINGS.—The term removal proceedings refers to a removal case of any kind, including expedited removal, administrative removal, stipulated removal, reinstatement, and voluntary removal and removals in which an applicant is permitted to withdraw his or her application for admission.

5.

STAGE.—The term stage, with respect to a proceeding, refers to whether the alien is in proceedings before an immigration judge, the Board of Immigration Appeals, a United States court of appeals, or on remand from a United States court of appeals.

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