Codification
Section was enacted as part of the Department of Homeland Security Appropriations Act, 2020, and also as part of the Consolidated Appropriations Act, 2020, and not as part of the Immigration and Nationality Act which comprises this chapter.
Additional Reporting Requirements
Pub. L. 118–47, div. C, title II, § 215, Mar. 23, 2024, 138 Stat. 604, provided that:
“The reports required to be submitted under section 216 of the
Department of Homeland Security Appropriations Act, 2021 (division F of
Public Law 116–260) [set out below] shall continue to be submitted semimonthly and each matter required to be included in such reports by such section 216 shall apply in the same manner and to the same extent during the period described in such section 216.”
Similar provisions were contained in the following prior appropriation acts:
Pub. L. 117–328, div. F, title II, § 216, Dec. 29, 2022, 136 Stat. 4736.
Pub. L. 117–103, div. F, title II, § 217, Mar. 15, 2022, 136 Stat. 323.
Pub. L. 116–260, div. F, title II, § 216, Dec. 27, 2020, 134 Stat. 1457, provided that:
“The reports required to be submitted under section 218 of the Department of Homeland Security Appropriations Act, 2020 (division D of Public Law 116–93) [8 U.S.C. 1378a] shall continue to be submitted with respect to the period beginning 15 days after the date of the enactment of this Act [Dec. 27, 2020] and semimonthly thereafter, and each matter required to be included in such report by such section 218 shall apply in the same manner and to the same extent during the period described in this section, except that for purposes of reports submitted with respect to such period described, the following additional requirements shall be treated as being included as subparagraphs (H) through (J) of paragraph (1) of such section 218—
“(1)
the average lengths of stay, including average post-determination length of stay in the case of detainees described in subparagraph (F), for individuals who remain in detention as of the last date of each such reporting period;
“(2) the number who have been in detention, disaggregated by the number of detainees described in subparagraph (F), for each of the following—
“(B)
from over 1 year to 2 years;
“(C)
from over 6 months to 1 year; and
“(D)
for less than 6 months; and
“(3)
the number of individuals described in
section 115.5 of title 28, Code of Federal Regulations, including the use and duration of solitary confinement for such person.”