Federal incarceration

(a) Federal incarceration Section 242 of the Immigration and Nationality Act (8 U.S.C. 1252) is amended by adding at the end the following: (j) (1) The Attorney General shall take into the custody of the Federal Government, and shall incarcerate for a determinate sentence of imprisonment, a criminal alien described in paragraph (3) if— (A) the chief State official exercising authority with respect to the incarceration of the undocumented criminal alien submits a written request to the secretary; (B) the undocumented criminal is sentenced to a determinate term of imprisonment; (C) the State in which the official described in paragraph A exercises authority cooperates, and requires local governments or agencies in such State to cooperate, with Federal immigration authorities with respect to the identification, location, arrest, prosecution, detention, and deportation of aliens who are not lawfully present in the United States; and (D) adequate Federal facilities are available for the incarceration of the criminal alien. (2) Criminal aliens taken into the custody of the Attorney General under paragraph (1) may be deported under subsection (h)(2)(A). (3) An alien is described in this paragraph if the alien— (A) has been convicted of a felony and sentenced to a term of imprisonment, and (B) (i) had entered the United States without inspection or at any time or place other than as designated by the Attorney General, or (ii) was the subject of exclusion or deportation proceedings at the time he or she was taken into custody by the State..