PUBLIC LAW 104-208—SEPT. 30, 1996 110 STAT. 3009-632
(ii) on the basis of conviction for a criminal offense
under Federal or State law, or on any other basis, is
subject to deportation or removal under the Immigration
and Nationality Act,
for the duration of the prison term to which the alien was sentenced
for the offense referred to in subparagraph (B). Any such agreement
may provide for the release of such alien pursuant to parole procedures of that country.
(2) In entering into negotiations under paragraph (1), the President may consider providing for appropriate compensation, subject
to the availability of appropriations, in cases where the United
States is able to independently verify the adequacy of the sites
where aliens will be imprisoned and the length of time the alien
is actually incarcerated in the foreign country under such a treaty.
(b) SENSE OF CONGRESS.—It is the sense of the Congress that—
(1) the focus of negotiations for such agreements should
be—
(A) to expedite the transfer of aliens unlawfully in
the United States who are (or are about to be) incarcerated
in United States prisons,
(B) to ensure that a transferred prisoner serves the
balance of the sentence imposed by the United States
courts,
(C) to eliminate any requirement of prisoner consent
to such a transfer, and
(D) to allow the Federal Government or the States
to keep their original prison sentences in force so that
transferred prisoners who return to the United States prior
to the completion of their original United States sentences
can be returned to custody for the balance of their prisons
sentences;
(2) the Secretary of State should give priority to concluding
an agreement with any country for which the President determines that the number of aliens described in subsection (a)
who are nationals of that country in the United States represents a significant percentage of all such aliens in the United
States; and
(3) no new treaty providing for the transfer of aliens from
Federal, State, or local incarceration facilities to a foreign incarceration facility should permit the alien to refuse the transfer.
(c) PRISONER CONSENT. — Notwithstanding any other provision
of law, except as required by treaty, the transfer of an alien from
a Federal, State, or local incarceration facility under an agreement
of the type referred to in subsection (a) shall not require consent
of the alien.
(d) ANNUAL REPORT.— Not later than 90 days after the date
of the enactment of this Act, and annually thereafter, the Attorney
General shall submit a report to the Committees on the Judiciary
of the House of Representatives and of the Senate stating whether
each prisoner transfer treaty to which the United States is a party
has been effective in the preceding 12 months in bringing about
the return of deportable incarcerated aliens to the country of which
they are nationals and in ensuring that they serve the balance
of their sentences.
(e) TRAINING FOREIGN LAW ENFORCEMENT PERSONNEL. —(1)
Subject to paragraph (2), the President shall direct the Border
Patrol Academy and the Customs Service Academy to enroll for
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