8 U.S.C. § 1252b — Repealed. Pub. L. 104–208, div. C, title

Page 344 TITLE 8—ALIENS AND NATIONALITY § 1252a Pub. L. 104–208, set out in an Effective Date of 1996 Amendments note under section 1101 of this title. AUTHORITY TO ACCEPT CERTAIN ASSISTANCE Pub. L. 103–322, title XIII, § 130008, Sept. 13, 1994, 108 Stat. 2029, provided that: ‘‘(a) IN GENERAL.—Subject to subsection (b) and not- withstanding any other provision of law, the Attorney General, in the discretion of the Attorney General, may accept, hold, administer, and utilize gifts of property and services (which may not include cash assistance) from State and local governments for the purpose of as- sisting the Immigration and Naturalization Service in the transportation of deportable aliens who are ar- rested for misdemeanor or felony crimes under State or Federal law and who are either unlawfully within the United States or willing to submit to voluntary depar- ture under safeguards. Any property acquired pursuant to this section shall be acquired in the name of the United States. ‘‘(b) LIMITATION.—The Attorney General shall termi- nate or rescind the exercise of the authority under sub- section (a) if the Attorney General determines that the exercise of such authority has resulted in discrimina- tion by law enforcement officials on the basis of race, color, or national origin.’’ § 1252a. Transferred Editorial Notes CODIFICATION Section 1252a, act June 27, 1952, ch. 477, title II, ch. 5, § 242A, as added Nov. 18, 1988, Pub. L. 100–690, title VII, § 7347(a), 102 Stat. 4471, as amended, which related to ex- pedited removal of aliens convicted of committing ag- gravated felonies, was renumbered section 238 of ch. 4 of title II of act June 27, 1952, by Pub. L. 104–208, div. C, title III, § 308(b)(5), Sept. 30, 1996, 110 Stat. 3009–615, and was transferred to section 1228 of this title. § 1252b. Repealed. Pub. L. 104–208, div. C, title III, § 308(b)(6), Sept. 30, 1996, 110 Stat. 3009–615 Section, act June 27, 1952, ch. 477, title II, ch. 5, § 242B, as added Nov. 29, 1990, Pub. L. 101–649, title V, § 545(a), 104 Stat. 5061; amended Dec. 12, 1991, Pub. L. 102–232, title III, § 306(c)(6), 105 Stat. 1753; Oct. 25, 1994, Pub. L. 103–416, title II, § 219(i), 108 Stat. 4317; Sept. 30, 1996, Pub. L. 104–208, div. C, title III, § 371(b)(7), 110 Stat. 3009–645, related to deportation procedures. See sections 1229 and 1229a of this title. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF REPEAL Repeal effective, with certain transitional provisions, on the first day of the first month beginning more than 180 days after Sept. 30, 1996, see section 309 of Pub. L. 104–208, set out as an Effective Date of 1996 Amend- ments note under section 1101 of this title. § 1252c. Authorizing State and local law enforce- ment officials to arrest and detain certain il- legal aliens (a) In general Notwithstanding any other provision of law, to the extent permitted by relevant State and local law, State and local law enforcement offi- cials are authorized to arrest and detain an indi- vidual who— (1) is an alien illegally present in the United States; and (2) has previously been convicted of a felony in the United States and deported or left the United States after such conviction, but only after the State or local law enforce- ment officials obtain appropriate confirmation from the Immigration and Naturalization Serv- ice of the status of such individual and only for such period of time as may be required for the Service to take the individual into Federal cus- tody for purposes of deporting or removing the alien from the United States. (b) Cooperation The Attorney General shall cooperate with the States to assure that information in the control of the Attorney General, including information in the National Crime Information Center, that would assist State and local law enforcement of- ficials in carrying out duties under subsection (a) is made available to such officials. (Pub. L. 104–132, title IV, § 439, Apr. 24, 1996, 110 Stat. 1276.) Editorial Notes CODIFICATION This section was enacted as part of the Antiterrorism and Effective Death Penalty Act of 1996, and not as part of the Immigration and Nationality Act which com- prises this chapter. Statutory Notes and Related Subsidiaries ABOLITION OF IMMIGRATION AND NATURALIZATION SERVICE AND TRANSFER OF FUNCTIONS For abolition of Immigration and Naturalization Service, transfer of functions, and treatment of related references, see note set out under section 1551 of this title. § 1253. Penalties related to removal (a) Penalty for failure to depart (1) In general Any alien against whom a final order of re- moval is outstanding by reason of being a member of any of the classes described in sec- tion 1227(a) of this title, who— (A) willfully fails or refuses to depart from the United States within a period of 90 days from the date of the final order of removal under administrative processes, or if judicial review is had, then from the date of the final order of the court, (B) willfully fails or refuses to make time- ly application in good faith for travel or other documents necessary to the alien’s de- parture, (C) connives or conspires, or takes any other action, designed to prevent or hamper or with the purpose of preventing or ham- pering the alien’s departure pursuant to such, or (D) willfully fails or refuses to present himself or herself for removal at the time and place required by the Attorney General pursuant to such order, shall be fined under title 18, or imprisoned not more than four years (or 10 years if the alien is a member of any of the classes described in paragraph (1)(E), (2), (3), or (4) of section 1227(a) of this title), or both. (2) Exception It is not a violation of paragraph (1) to take any proper steps for the purpose of securing