Page:United States Statutes at Large Volume 104 Part 6.djvu/660

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104 STAT. 5050 PUBLIC LAW 101-649—NOV. 29, 1990 8 USC 1252 note. 8 USC 1251 note. 8 USC 1252a note. Intergovernmental relations. Records. Attorney General determines that the alien is not a threat to the community and that the alien is likely to appear before any scheduled hearings.". (b) ExcLUDABiLTTY.— Section 236 (8 U.S.C. 1226) is amended by adding at the end the following new subsection: "(e)(l) Pending a determination of excludability, the Attorney General shall take into custody any alien convicted of an aggravated felony upon completion of the alien's sentence for such conviction. "(2) Notwithstanding any other provision of this section, the Attorney General shall not release such felon from custody unless the Attorney General determines that the sdien may not be deported because the condition described in section 243(g) exists. "(3) If the determination described in paragraph (2) has been made, the Attorney General may release such alien only after— "(A) a procedure for review of each request for relief under this subsection has been established, "(B) such procedure includes consideration of the severity of the felony committed by the alien, and "(C) the review concludes that the alien will not pose a danger to the safety of other persons or to property.", (c) EFFECTIVE DATE.—The amendments made by this section shall take effect on the date of the enactment of this Act. SEC. 505. ELIMINATION OF JUDICIAL RECOMMENDATIONS AGAINST DEPORTATION. (a) IN GENERAL.— Section 241(b) (8 U.S.C. 1251(b)) is amended— (1) in the first sentence— (A) by striking "(1)", and (B) by striking ", or (2)" and all that follows up to the period at the end; and (2) in the second sentence, by inserting "or who has been convicted of an aggravated felony" after "subsection (a)(U) of this section". (b) EFFECTIVE DATE. —The amendments made by subsection (a) shall take effect on the date of the enactment of this Act and shall apply to convictions entered before, on, or after such date. SEC. 506. CLARIFICATION RESPECTING DISCRETIONARY AUTHORITY IN DEPORTATION PROCEEDINGS FOR INCARCERATED ALIENS. (a) IN GENERAL. — Section 242A(d)(2) (8 U.S.C. 1252a(d)(2)) is amended by striking ", unless" and all that follows up to the period at the end. (b) EFFECTIVE DATE.—The amendment made by subsection (a) shall take effect on the date of the enactment of this Act. SEC. 507. REQUIRING COORDINATION PLAN WITH INS AS A CONDITION FOR RECEIPT OF DRUG CONTROL AND SYSTEM IMPROVE- MENT GRANTS UNDER THE OMNIBUS CRIME CONTROL AND SAFE STREETS ACT OF 1968. (a) IN GENERAL. — Section 503(a) of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3753(a)) is amended by adding at the end the following new paragraph: "(11) An assurance that the State has established a plan under which the State will provide without fee to the Immigration and Naturalization Service, within 30 days of the date of their conviction, the certified records of conviction of aliens who