Page:United States Statutes at Large Volume 104 Part 6.djvu/659

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PUBLIC LAW 101-649—NOV. 29, 1990 104 STAT. 5049 "(B) for any felony cognizable under the laws of the United States, if the officer or employee has reasonable grounds to believe that the person to be arrested has committed or is committing such a felony, if the officer or employee is performing duties relating to the enforcement of the immigration laws at the time of the arrest and if there is a likelihood of the person escaping before a warrant can be obtained for his arrest. Under regulations prescribed by the Attorney General, an officer or employee of the Service may carry a firearm and may execute and serve any order, warrant, subpoena, summons, or other process issued under the authority of the United States. The authority to Regulations. make arrests under paragraph (5)(B) shall only be effective on and after the date on which the Attorney General publishes final regulations which (i) prescribe the categories of officers and employees of the Service who may use force (including deadly force) and the circumstances under which such force may be used, (ii) establish standards with respect to enforcement activities of the Service, (iii) require that any officer or employee of the Service is not authorized to make arrests under paragraph (5)(B) unless the officer or employee has received certification as having completed a training program which covers such arrests and standards described in clause (ii), and (iv) establish an expedited, internal review process for violations of such standards, which process is consistent with standard agency procedure regarding confidentiality of matters related to internal investigations.". (b) REQUIRING FINGERPRINTING AND PHOTOGRAPHING OF CERTAIN ALIENS. —(1) Section 287 is further amended by adding at the end 8 USC 1357. the following new subsection: "(f)(1) Under regulations of the Attorney General, the Commissioner shall provide for the fingerprinting and photographing of each alien 14 years of age or older against whom a proceeding is commenced under section 242. "(2) Such fingerprints and photographs shall be made available to Federal, State, and local law enforcement agencies, upon request.". (2) Section 264(b) (8 U.S.C. 1304(b)) is amended by inserting "(1) pursuant to section 287(fK2), and (2)" after "only". SEC. 504. CUSTODY PENDING DETERMINATION OF DEPORTABILITY AND EXCLUDABILITY. (a) DEPORTABILITY. —Section 242(a)(2) (8 U.S.C. 1252(a)(2)) is amended— (1) in the first sentence, by striking "upon completion of the alien's sentence for such conviction and inserting "upon release of the alien (regardless of whether or not such release is on parole, supervised release, or probation, and regardless of the possibility of rearrest or further confinement in respect of the same offense)", (2) in the second sentence, by inserting "but subject to subparagraph (B)" after "Notwithstanding subsection (a), (3) in the second sentence, by striking "subsection (a)" and inserting "paragraph (1) or subsections (c) and (d)", (4) by inserting 'W" after "(2)", and (5) by adding at the end the following new subparagraph: "(B) The Attorney General shall release from custody an alien who is lawfully admitted for permanent residence on bond or such other conditions as the Attorney General may prescribe if the