Page:United States Statutes at Large Volume 110 Part 2.djvu/101

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PUBLIC LAW 104-132—APR. 24, 1996 110 STAT. 1275 (b) EFFECTIVE DATE. —The amendment made by subsection (a) 8 USC I25i note, shall apply to aliens against whom deportation proceedings are initiated after the date of the enactment of this Act. SEC. 436. MISCELLANEOUS PROVISIONS. (a) USE OF ELECTRONIC AND TELEPHONIC MEDIA IN DEPORTA- TION HEARINGS. —The second sentence of section 242(b) of the Immigration and Nationality Act (8 U.S.C. 1252(b)) is amended by inserting before the period the following: "; except that nothing in this subsection shall preclude the Attorney General from authorizing proceedings by electronic or telephonic media (with the consent of the alien) or, where waived or agreed to by the parties, in the absence of the alien". (b) CODIFICATION.— (1) Section 242(i) of such Act (8 U.S.C. 1252(i)) is amended by adding at the end the following: "Nothing in this subsection shall be construed to create any substantive or procedural right or benefit that is legally enforceable by any party against the United States or its agencies or officers or any other person.. (2) Section 225 of the Immigration and Nationality Technical Corrections Act of 1994 (Public Law 103-416) is amended 8 USC llOl note, by striking "and nothing in" and all that follows through "1 252(i))". (3) The amendments made by this subsection shall take Effective date. effect as if included in the enactment of the Immigration and 8 USC 1252 note. Nationality Technical Corrections Act of 1994 (Public Law 103- 416). SEC. 437. INTERIOR REPATRIATION PROGRAM. 8 USC 1253 note. Not later than 180 days after the date of enactment of this Act, the Attorney General and the Commissioner of Immigration and Naturalization shall develop and implement a program in which aliens who previously have illegally entered the United States not less than 3 times and are deported or returned to a country contiguous to the United States will be returned to locations not less than 500 kilometers from that country's border with the United States. SEC. 438. DEPORTATION OF NONVIOLENT OFFENDERS PRIOR TO COMPLETION OF SENTENCE OF IMPRISONMENT. (a) IN GENERAL.—Section 242(h) of the Immigration and Nationality Act (8 U.S.C. 1252(h)) is amended to read as follows: "(h)(1) Except as provided in paragraph (2), an alien sentenced to imprisonment may not be deported until such imprisonment has been terminated by the release of the alien from confinement. Parole, supervised release, probation, or possibility of rearrest or further confinement in respect of the same offense shall not be a ground for deferral of deportation. "(2) The Attorney General is authorized to deport an alien in accordance with applicable procedures under this Act prior to the completion of a sentence of imprisonment— "(A) in the case of an alien in the custody of the Attorney General, if the Attorney General determines that (i) the alien is confined pursuant to a final conviction for a nonviolent offense (other than alien smuggling), and (ii) such deportation of the alien is appropriate and in the best interest of the United States; or