power of an officer or employee of the Immigration and Naturalization Serv-
ice.
(d) ESTABLISHMENT OF OFFICES IN FOREIGN COUNTRIES.—The Attor-
ney General—
(1) with the concurrence of the Secretary of State, may establish an
office of the Service in a foreign country; and
(2) after consulting with the Secretary, may detail an officer or em-
ployee of the Service for duty in a foreign country when the Attorney
General considers the detail necessary to carry out this title.
(e) PLACES OF DETENTION.—The Attorney General shall arrange for ap-
propriate places of detention for aliens detained pending deportation or a
decision on deportation. When United States Government facilities are un-
available or facilities adapted or suitably located for detention are unavail-
able for rental, the Attorney General may expend from the appropriation
‘‘Immigration and Naturalization Service—Salaries and Expenses’’, without
regard to section 3709 of the Revised Statutes (41 U.S.C. 5), amounts nec-
essary to acquire land and to acquire, build, remodel, repair, and operate
facilities (including living quarters for immigration officers if not otherwise
available) necessary for detention.
§ 302. Immigration and Naturalization Service
(a) ORGANIZATION.—The Immigration and Naturalization Service is a
service in the Department of Justice.
(b) COMMISSIONER OF IMMIGRATION AND NATURALIZATION.—The head
of the Service is the Commissioner of Immigration and Naturalization. The
Commissioner is appointed by the President, by and with the advice and
consent of the Senate. The Commissioner must be a citizen of the United
States.
(c) GENERAL AUTHORITY OF THE COMMISSIONER.—The Commissioner
shall—
(1) carry out duties and powers prescribed by the Attorney General;
and
(2) maintain direct and continuous liaison with the Administrator
designated under section 342 of this title to carry out the immigration
and nationality laws in a coordinated, uniform, and efficient way.
(d) OFFICE, RECORDS, AND FACILITIES.—The Attorney General shall
provide the Commissioner with a suitable office in the District of Columbia
and records and facilities necessary to carry out the Commissioner’s duties
and powers.
(e) AVAILABILITY OF APPROPRIATION.—The appropriation ‘‘Immigration
and Naturalization Service—Salaries and Expenses’’ is available to pay for
the following:
(1) the costs of hiring privately owned horses for use on official busi-
ness, under contract with officers or employees of the Service.
(2) the pay of interpreters and translators who are not citizens of
the United States.
(3) the costs of distributing citizenship textbooks to aliens without
charge to the aliens.
(4) at a rate specified by the applicable appropriation law, allowances
to aliens for work performed when held in custody under the immigra-
tion laws.
(5) if authorized by an appropriation law, spending by the Attorney
General for unforeseen emergencies of a confidential character.
(f) CERTIFICATE
FOR CONFIDENTIAL EXPENDITURES.—The Attorney
General shall make a certificate for any amount of expenditures under sub-
section (e)(5) of this section that the Attorney General considers advisable
not to specify. The certificate is a sufficient voucher that the amount stated
was expended.
§ 303. Oaths and testimony
(a) GENERAL.—In carrying out this title, the Attorney General, immigra-
tion officers, other officers and employees of the Immigration and Natu-
ralization Service designated by the Attorney General, and immigration
judges may—
(1) administer oaths;
(2) take evidence; and
(3) subpena witnesses to testify and produce records.
(b) ENFORCEMENT OF SUBPENAS.—If a witness disobeys a subpena is-
sued under subsection (a) of this section, the Attorney General, immigration
officer, designated officer or employee of the Service, or immigration judge
may bring a civil action to enforce the subpena in the district court of the
United States for the judicial district in which the proceeding is being con-
ducted, or, if the subpena is related to an application for naturalization, in
any district court of the United States. The court may issue an order to
obey the subpena and punish a refusal to obey as a contempt of court.
(c) DEPOSITIONS.—An officer or employee of the Service designated by
the Attorney General may take a deposition without charge on a matter re-
lated to carrying out a naturalization or citizenship law. In a case involving
a likelihood of hardship or unusual delay, the Attorney General may author-
ize the deposition to be taken before a postmaster without charge or before
an individual authorized to administer oaths for general purposes.
§ 304. Enforcement authority
(a) CARRYING FIREARMS AND SERVING AND EXECUTING PROCESS.—
Under regulations prescribed by the Attorney General, an officer or em-
ployee of the Immigration and Naturalization Service may—
(1) carry a firearm; and
(2) serve and execute an order, warrant, subpena, summons, or other
process issued under the authority of the United States Government.
(b) AUTHORITY WITHOUT WARRANT.—An officer or employee of the
Service authorized by regulations prescribed by the Attorney General may,
without a warrant—
(1) interrogate an individual believed to be an alien about the indi-
vidual’s right to be or remain in the United States;
(2) search an individual seeking admission to the United States and
the personal effects in the possession of the individual if the officer or
employee has reason to suspect that the search will disclose grounds
for excluding the individual from the United States;
(3) board a vehicle, aircraft, or other conveyance within a reasonable
distance from a United States border, or board a vessel within the ter-
ritorial waters of the United States, to search for aliens;
(4) within 25 miles from a United States border, have access to pri-
vate land (but not a dwelling) to patrol the border to prevent the un-
lawful entry of aliens;
(5) arrest an alien who, in the presence or view of the officer or em-
ployee, is trying to enter the United States unlawfully, or arrest an
alien in the United States who the officer or employee has reason to
believe is in the United States unlawfully and is likely to escape before
a warrant for the alien’s arrest can be obtained, but the alien arrested
shall be taken without unnecessary delay for examination before an im-
migration officer having authority to examine aliens as to their right
to enter or remain in the United States;
(6) arrest a person for an offense against the United States if—
(A) the officer or employee is performing duties related to en-
forcement of the immigration laws at the time of the arrest;
(B) the offense is committed in the presence of the officer or
employee; and
(C) the person is likely to escape before a warrant for the per-
son’s arrest can be obtained;
(7) arrest a person for a felony against the United States under a
law of the United States regulating the admission, exclusion, or depor-
tation of aliens if—
(A) the officer or employee has reason to believe the person has
committed the felony; and
(B) the person is likely to escape before a warrant for the per-
son’s arrest can be obtained; and
(8) arrest a person for any other felony against the United States
if—
(A) the officer or employee is performing duties related to en-
forcement of the immigration laws at the time of the arrest;
(B) the officer or employee has reason to believe the person is
committing or has committed the felony;
(C) the person is likely to escape before a warrant for the per-
son’s arrest can be obtained; and
(D) the officer or employee has received certification of comple-
tion of a training program as required under subsection (d) of this
section.
(c) RESTRICTION
ON WARRANTLESS ENTRY
OF OUTDOOR AGRICUL-
TURAL OPERATIONS.—Except as provided in subsection (b)(4) of this sec-
tion, an officer or employee of the Service may not enter the premises of
a farm or other outdoor agricultural operation, without a warrant or the
consent of the owner or owner’s agent, to interrogate an individual believed
to be an alien about the individual’s right to be or remain in the United
States.
(d) REGULATIONS ON ENFORCEMENT ACTIVITIES.—An arrest may be
made under subsection (b)(8) of this section only on and after the date the
Attorney General prescribes final regulations that specify—
(1) the categories of officers and employees of the Service who may
use force (including deadly force) and the circumstances under which
the force may be used;
(2) standards for enforcement activities of the Service;
(3) a requirement that, before an officer or employee may make an
arrest under subsection (b)(8) of this section, the officer or employee
has received certification of completion of a training program covering
the arrests and the standards described in clause (2) of this subsection;
and
(4) an expedited, internal review process for violations of the stand-
ards, consistent with standard agency procedure regarding confidential-
ity of matters related to internal investigations.
(e) DETAINING ALIENS FOR CONTROLLED SUBSTANCES VIOLATIONS.—
(1) The Attorney General shall decide promptly whether to issue a detainer
to detain an alien if any United States, State, or local law enforcement offi-
cial—