PUBLIC LAW 104-208—SEPT. 30, 1996 110 STAT. 3009-648 (3) by inserting after paragraph (20) the following new paragraph: "(21) be ordered deported by a United States district court, or United States magistrate judge, pursuant to a stipulation entered into by the defendant and the United States under section 242A(d)(5) of the Immigration and Nationality Act, except that, in the absence of a stipulation, the United States district court or a United States magistrate judge, may order deportation as a condition of probation, if, after notice and hearing pursuant to such section, the Attorney General demonstrates by clear and convincing evidence that the alien is deportable; or". (c) EFFECTIVE DATE.—The amendment made by subsection 8 USC 1228 note. (a)(2) shall be effective as if included in the enactment of section 224(a) of the Immigration and Nationality Technical Corrections Act of 1994. SEC. 375. LIMITATION ON ADJUSTMENT OF STATUS. Section 245(c) (8 U.S.C. 1255(c)) is amended— (1) by striking "or (6)" and inserting "(6)"; and (2) by inserting before the period at the end the following: "; (7) any alien who seeks adjustment of status to that of an immigrant under section 203(b) and is not in a lawful nonimmigrant status; or (8) any alien who was employed while the alien was an unauthorized alien, as defined in section 274A(h)(3), or who has otherwise violated the terms of a nonimmigrant visa". SEC. 376. TREATMENT OF CERTAIN FEES. (a) INCREASE IN FEE.— Section 245(i) (8 U.S.C. 1255(i)), as added by section 506(b) of Public Law 103-317, is amended— (1) in paragraph (1), by striking "five times the fee required for the processing of applications under this section" and inserting "$1,000"; and (2) by amending paragraph (3) to read as follows: "(3)(A) The portion of each application fee (not to exceed $200) that the Attorney General determines is required to process an application under this section and is remitted to the Attorney General pursuant to paragraphs (1) and (2) of this subsection shall be disposed of by the Attorney General as provided in subsections (m), (n), and (o) of section 286. "(B) Any remaining portion of such fees remitted under such paragraphs shall be deposited by the Attorney General into the Immigration Detention Account established under section 286(s).". (b) IMMIGRATION DETENTION ACCOUNT. — Section 286 (8 U.S.C. 1356) is amended by adding at the end the following new subsection: "(s) IMMIGRATION DETENTION ACCOUNT.—(1) There is established in the general fund of the Treasury a separate account which shall be known as the 'Immigration Detention Account'. Notwithstanding any other section of this title, there shall be deposited as offsetting receipts into the Immigration Detention Account amounts described in section 245(i)(3)(B) to remain available until expended, "(2)(A) The Secretary of the Treasury shall refund out of the Immigration Detention Account to any appropriation the amount paid out of such appropriation for expenses incurred by the Attorney General for the detention of aliens under sections 236(c) and 241(a).
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