I
105TH CONGRESS
1ST SESSION
H. R. 2716
To revise, codify, and enact without substantive change certain general and
permanent laws, related to aliens and nationality, as title 8, United States
Code, ‘‘Aliens and Nationality’’.
IN THE HOUSE OF REPRESENTATIVES
OCTOBER 23, 1997
Mr. HYDE introduced the following bill; which was referred to the
Committee on the Judiciary
A BILL
To revise, codify, and enact without substantive change certain general and
permanent laws, related to aliens and nationality, as title 8, United States
Code, ‘‘Aliens and Nationality’’.
Be it enacted by the Senate and House of Representatives of the United
States of America in Congress assembled,
SECTION 1. TITLE 8, UNITED STATES CODE.
Certain general and permanent laws of the United States, related to
aliens and nationality, are revised, codified, and enacted as title 8, United
States Code, ‘‘Aliens and Nationality’’, as follows:
TITLE 8—ALIENS AND NATIONALITY
SUBTITLE
Sec.
I.
GENERAL .......................................................................................................
101
II.
ALIENS ...........................................................................................................
2101
III.
UNLAWFUL EMPLOYMENT PRACTICES ................................................
11101
IV.
REFUGEE AND IMMIGRANT PROGRAMS ...............................................
13101
V.
CITIZENSHIP AND NATIONALITY ...........................................................
20101
SUBTITLE I—GENERAL
CHAPTER
Sec.
1.
DEFINITIONS ................................................................................................
101
3.
DEPARTMENT OF JUSTICE ......................................................................
301
5.
DEPARTMENT OF STATE ..........................................................................
501
7.
PASSPORTS AND TRAVEL REQUIREMENTS .........................................
701
9.
GENERAL MISCELLANEOUS .....................................................................
901
CHAPTER 1—DEFINITIONS
Sec.
101.
Adjacent islands.
102.
Admission.
103.
Advocates.
104.
Aggravated felony.
105.
Alien.
106.
Application for admission.
107.
Border crossing identification card.
108.
Child.
109.
Consular officer.
110.
Conviction.
111.
Crewmember.
112.
Executive capacity.
113.
Foreign country.
114.
Good moral character.
115.
Graduate of a medical school.
116.
Immediate relative.
117.
Immigrant.
118.
Immigration judge.
119.
Immigration laws.
120.
Immigration officer.
121.
Ineligible for citizenship.
122.
International organization.
123.
Lawfully admitted for permanent residence.
124.
Managerial capacity.
125.
National.
126.
National of the United States.
127.
Naturalization.
128.
Nonimmigrant.
129.
Parent, father, and mother.
130.
Passport.
131.
Refugee.
132.
Residence.
133.
Special immigrant.
134.
Spouse, wife, and husband.
135.
State.
136.
Stowaway.
137.
Totalitarian dictatorship.
138.
Totalitarian party.
139.
United States.
140.
Unmarried.
141.
Visa.
§ 101. Adjacent islands
In this title, ‘‘adjacent islands’’ includes the Bahamas, Barbados, Ber-
muda, Cuba, the Dominican Republic, Haiti, Jamaica, Martinique,
Miquelon, Saint Pierre, Trinidad, the Windward and Leeward Islands, and
other British, French, and Dutch territories and possessions in or bordering
on the Caribbean Sea.
§ 102. Admission
In this title, ‘‘admission’’ means the lawful entry of an alien into the
United States after inspection and authorization by an immigration officer.
However—
(1) an alien who is paroled under section 6121 of this title or per-
mitted to land temporarily as an alien crewmember is deemed not to
have been admitted; and
(2) an alien lawfully admitted for permanent residence is not re-
garded as seeking an admission to the United States for purposes of
the immigration laws unless the alien—
(A) has abandoned or relinquished that status;
(B) has been absent from the United States for a continuous
period of more than 180 days;
(C) has engaged in illegal activity after having departed the
United States;
(D) has departed from the United States while under legal proc-
ess seeking removal of the alien from the United States, including
removal proceedings under this title and extradition proceedings;
(E) has committed an offense identified in section 6309(a)(1),
(2), (3), (4), or (5) of this title, unless since that offense the alien
has been granted relief under section 6309(b) or 6721(a) of this
title; or
(F) is attempting to enter the United States at a time or place
other than as designated by an immigration officer or has not
been admitted to the United States after inspection and authoriza-
tion by an immigration officer.
§ 103. Advocates
In this title, ‘‘advocates’’ includes advises, recommends, furthers by overt
act, and admits belief in.
§ 104. Aggravated felony
(a) ACTIONS TAKEN AND VIOLATIONS OF SECTION 10149(a)(1) OCCUR-
RING BEFORE SEPTEMBER 30, 1996.—(1) The definition of ‘‘aggravated
felony’’ in this subsection applies to an action taken, or a violation of sec-
tion 10149(a)(1) of this title occurring, before September 30, 1996.
(2)(A) Subject to paragraph (1) of this subsection, in this title, ‘‘aggra-
vated felony’’ means any of the following, or an attempt or conspiracy to
commit any of the following, committed in the United States:
(i) murder.
(ii) illicit trafficking in a controlled substance (as defined in section
102 of the Controlled Substances Act (21 U.S.C. 802)), including a
drug trafficking crime (as defined in section 924(c)(2) of title 18).
(iii) illicit trafficking in a firearm or destructive device (as defined
in section 921(a) of title 18).
(B) Subparagraph (A) of this paragraph applies to an offense under a
law of a State or the United States.
(3)(A) Subject to paragraph (1) of this subsection, in this title, ‘‘aggra-
vated felony’’, in addition to its meaning under paragraph (2) of this sub-
section, means—
(i) any of the offenses specified in paragraph (2)(A) of this sub-
section, or an attempt or conspiracy to commit any of those offenses,
committed outside the United States after November 28, 1990; and
(ii) any of the following, or an attempt or conspiracy to commit any
of the following, committed in or outside the United States after No-
vember 28, 1990:
(I) a crime of violence (as defined in section 16 of title 18, ex-
cept a purely political offense) for which the term of imprisonment
is at least 5 years.
(II) an offense described in section 1956 of title 18 for which
a conviction is entered before October 25, 1994.
(B) Subparagraph (A) of this paragraph applies to an offense under a
law of—
(i) a State or the United States; or
(ii) a foreign country if the term of imprisonment for the offense was
completed within the prior 15 years.
(4)(A) Subject to paragraph (1) of this subsection, in this title, ‘‘aggra-
vated felony’’, in addition to its meaning under paragraphs (2) and (3) of
this subsection, means any of the following, or an attempt or conspiracy to
commit any of the following, for which a conviction is entered after October
24, 1994:
(i) illicit trafficking in an explosive material (as defined in section
841(c) of title 18).
(ii) a theft offense (including receipt of stolen property) or burglary
offense for which the term of imprisonment is at least 5 years.
(iii) an offense that relates to owning, controlling, managing, or su-
pervising a prostitution business or that is described in section 1581,
1582, 1583, 1584, 1585, or 1588 of title 18.
(iv) an offense that—
(I) involves fraud or deceit in which the loss to the victim is
more than $200,000; or
(II) is described in section 7201 of the Internal Revenue Code
of 1986 (26 U.S.C. 7201) in which the loss to the Federal Govern-
ment is more than $200,000.
(v) an offense related to a failure to appear by a defendant for serv-
ice of sentence if the underlying offense is punishable by a term of im-
prisonment of at least—
(I) 15 years if the conviction was entered before April 24, 1996;
or
(II) 5 years if the conviction was entered after April 23, 1996.
(vi) an offense described in section 10147(a)(1)(A) or (2) of this title
for which the term of imprisonment is at least 5 years.
(vii) an offense described in section 793, 798, 2153, 2381, or 2382
of title 18 or section 601 of the National Security Act of 1947 (50
U.S.C. 421).
(viii) an offense described in section 842(h) or (i), 844(d), (e), (f),
(g), (h) or (i), 922(g)(1), (2), (3), (4) or (5), (j), (n), (o), (p), or (r),
or 924(b) or (h) of title 18 or section 5861 of the Internal Revenue
Code of 1986 (26 U.S.C. 5861).
(ix) an offense described in section 875, 876, 877, or 1202 of title
18.
(x) an offense described in section 1546(a) of title 18 for which the
term of imprisonment is at least—
(I) 5 years if the conviction was entered before April 24, 1996;
or
(II) 18 months if the conviction was entered after April 23,
1996.
(xi) an offense described in section 1956 or 1957 of title 18 if the
amount is more than $100,000.
(xii) an offense described in section 1962 of title 18 for which a sen-
tence of at least 5 years may be imposed.
(xiii) an offense described in section 2251, 2251A, or 2252 of title
18.
(B) Subparagraph (A) of this paragraph applies to an offense under a
law of—
(i) a State or the United States; or
(ii) a foreign country if the term of imprisonment for the offense was
completed within the prior 15 years.
(5)(A) Subject to paragraph (1) of this subsection, in this title, ‘‘aggra-
vated felony’’, in addition to its meaning under paragraphs (2), (3), and (4)
of this subsection, means any of the following, or an attempt or conspiracy
to commit any of the following, for which a conviction is entered after April
23, 1996:
(i) an offense that is described in section 2421, 2422, or 2423 of
title 18 if committed for commercial advantage.
(ii) an offense of falsely making, forging, counterfeiting, mutilating,
or altering a passport or instrument in violation of section 1543 of title
18 for which the term of imprisonment is at least 18 months.
(iii) an offense described in section 1084 (if it is a second or subse-
quent offense) or 1955 of title 18 for which a sentence of at least 5
years may be imposed.
(iv) an offense described in section 10148(a) or 10149(a) of this title
committed by an alien who was previously deported on the basis of a
conviction for an offense described in this section.
(v) an offense related to commercial bribery, counterfeiting, forgery,
or trafficking in vehicles the identification numbers of which have been
altered for which a sentence of at least 5 years may be imposed.
(vi) an offense related to obstruction of justice, perjury or suborna-
tion of perjury, or bribery of a witness, for which a sentence of at least
5 years may be imposed.
(vii) an offense related to failure to appear before a court pursuant
to a court order to answer to or dispose of a charge of a felony for
which a sentence of at least 2 years may be imposed.
(B) Subparagraph (A) of this paragraph applies to an offense under a
law of—
(i) a State or the United States; or
(ii) a foreign country if the term of imprisonment for the offense was
completed within the prior 15 years.
(b) ACTIONS TAKEN AND VIOLATIONS OF SECTION 10149(a)(1) OCCUR-
RING AFTER SEPTEMBER 29, 1996.—(1)(A) The definition of ‘‘aggravated
felony’’ in this subsection applies to an action taken, or a violation of sec-
tion 10149(a)(1) of this title occurring, after September 29, 1996.
(B) Notwithstanding any other provision of law (including any effective
date), the definition of ‘‘aggravated felony’’ in this subsection applies no
matter when a conviction is entered.
(2)(A) Subject to paragraph (1) of this subsection, in this title, ‘‘aggra-
vated felony’’ means any of the following, or an attempt or conspiracy to
commit any of the following:
(i) murder, rape, or sexual abuse of a minor;
(ii) illicit trafficking in a controlled substance (as defined in section
102 of the Controlled Substances Act (21 U.S.C. 802)), including a
drug trafficking crime (as defined in section 924(c)(2) of title 18).
(iii) illicit trafficking in a firearm or destructive device (as defined
in section 921(a) of title 18) or in an explosive material (as defined
in section 841(c) of title 18).
(iv) an offense described in section 1956 or 1957 of title 18 if the
amount of the funds exceeded $10,000;
(v) an offense described in section 842(h) or (i), 844(d), (e), (f), (g),
(h) or (i), 922(g)(1), (2), (3), (4) or (5), (j), (n), (o), (p), or (r), or
924(b) or (h) of title 18 or section 5861 of the Internal Revenue Code
of 1986 (26 U.S.C. 5861).
(vi) a crime of violence (as defined in section 16 of title 18, except
a purely political offense) for which the term of imprisonment is at
least one year.
(vii) a theft offense (including receipt of stolen property) or burglary
offense for which the term of imprisonment is at least one year.
(viii) an offense described in section 875, 876, 877, or 1202 of title
18.
(ix) an offense described in section 2251, 2251A, or 2252 of title
18.
(x) an offense described in section 1962, 1084 (if it is a second or
subsequent offense), 1955, or 1962 of title 18 for which a sentence of
at least one year may be imposed.
(xi) an offense that—
(I) relates to owning, controlling, managing, or supervising a
prostitution business;
(II) is described in section 2421, 2422, or 2423 of title 18 if
committed for commercial advantage; or
(III) is described in section 1581, 1582, 1583, 1584, 1585, or
1588 of title 18.
(xii) an offense described in section 793, 798, 2153, 2381, or 2382
of title 18 or section 601 of the National Security Act of 1947 (50
U.S.C. 421).
(xiii) an offense that—
(I) involves fraud or deceit in which the loss to the victim is
more than $10,000; or
(II) is described in section 7201 of the Internal Revenue Code
of 1986 (26 U.S.C. 7201) in which the loss to the Federal Govern-
ment is more than $10,000.
(xiv) an offense described in section 10147(a)(1)(A) or (2) of this
title except in the case of a first offense for which the alien has affirm-
atively shown that the alien committed the offense for the purpose of
assisting, abetting, or aiding only the alien’s spouse, child, or parent
(and no other individual) to violate a provision of this title.
(xv) an offense described in section 10148(a) or 10149(a) of this
title committed by an alien who was previously deported on the basis
of a conviction for an offense described in this section.
(xvi) an offense—
(I) which either is falsely making, forging, counterfeiting, muti-
lating, or altering a passport or instrument in violation of section
1543 of title 18 or is described in section 1546(a) of title 18; and
(II) for which the term of imprisonment is at least 12 months,
except in the case of a first offense for which the alien has affirm-
atively shown that the alien committed the offense for the purpose
of assisting, abetting, or aiding only the alien’s spouse, child, or
parent (and no other individual) to violate a provision of this title.
(xvii) an offense related to a failure to appear by a defendant for
service of sentence if the underlying offense is punishable by a term
of imprisonment of at least 5 years.
(xviii) an offense related to commercial bribery, counterfeiting, for-
gery, or trafficking in vehicles the identification numbers of which have
been altered for which the term of imprisonment is at least one year.
(xix) an offense related to obstruction of justice, perjury or suborna-
tion of perjury, or bribery of a witness, for which the term of imprison-
ment is at least one year.
(xx) an offense related to failure to appear before a court pursuant
to a court order to answer to or dispose of a charge of a felony for
which a sentence of at least 2 years may be imposed.
(B) Subparagraph (A) of this paragraph applies to an offense under a
law of—
(i) a State or the United States; or
(ii) a foreign country if the term of imprisonment for the offense was
completed within the prior 15 years.
§ 105. Alien
In this title, ‘‘alien’’ means an individual who is not a national of the
United States.
§ 106. Application for admission
In this title, ‘‘application for admission’’ means an application for admis-
sion to the United States and not an application for a visa.
§ 107. Border crossing identification card
In this title, ‘‘border crossing identification card’’ means a document of
identity—
(1) having the designation ‘‘border crossing identification card’’;
(2) issued by a consular officer or an immigration officer to an alien
lawfully admitted for permanent residence or an alien residing in for-
eign territory contiguous to the United States; and
(3) to be used by the alien, under conditions for its issuance and use
as may be prescribed by regulations, in crossing a border between the
United States and foreign territory contiguous to the United States.
§ 108. Child
(a) SUBTITLES I–III.—In subtitles I–III of this title (except subchapter
I of chapter 7 and chapter 47), ‘‘child’’ means an unmarried individual
under 21 years of age who—
(1) is a child born in wedlock;
(2) is a stepchild, whether or not born out of wedlock, if the child
was under 18 years of age when the marriage making the child a step-
child occurred;
(3) was legitimated under the law of the child’s or father’s residence
or domicile if the legitimation occurred when the child was under 18
years of age and in the legal custody of the legitimating parent or par-
ents;
(4) is a child born out of wedlock, but the individual is a child only
in regard to the individual’s—
(A) natural mother; or
(B) natural father if the father has or had a bona fide parent-
child relationship with the child;
(5) was adopted under 16 years of age if the child has been in the
legal custody of, and resided with, the adopting parent or parents for
at least 2 years; or
(6)(A) is under 16 years of age when a petition is filed to classify
the child as an immediate relative;
(B) is an orphan because both parents have died, disappeared, aban-
doned or deserted the child, or been separated from the child, or has
only one parent and the parent is unable to provide the proper care
and irrevocably in writing has released the child for emigration and
adoption, except that in this clause the term ‘‘parent’’ does not include
the natural father if—
(i) the child is a child born out of wedlock as described in clause
(4) of this subsection and has not been legitimated as described
in clause (3) of this subsection; and
(ii) the father has disappeared, abandoned or deserted the child,
or irrevocably in writing released the child for emigration and
adoption;
(C)(i) was adopted outside the United States by a citizen of the
United States and the citizen’s spouse, or by an unmarried citizen of
the United States at least 25 years of age, who personally observed the
child before or during the adoption proceedings; or
(ii) is coming to the United States for adoption by a citizen of the
United States and the citizen’s spouse, or by an unmarried citizen of
the United States at least 25 years of age, who complied with the
preadoption requirements of the child’s proposed residence; and
(D) will be cared for properly, to the satisfaction of the Attorney
General, if admitted to the United States.
(b) SUBTITLE V.—In part B of subtitle IV and subtitle V of this title,
‘‘child’’ means an unmarried individual under 21 years of age and includes
a child who—
(1) is a child born in wedlock;
(2) was legitimated under the law of the child’s or father’s residence
or domicile (even if outside the United States) if the legitimation oc-
curred when the child was under 16 years of age and in the legal cus-
tody of the legitimating parent or parents; or
(3) except as provided in sections 20305 and 20306 of this title, was
adopted in the United States if the adoption occurred when the child
was under 16 years of age and in the legal custody of the adopting
parent or parents.
§ 109. Consular officer
In this title, ‘‘consular officer’’ means an officer or employee of the Fed-
eral Government designated under regulations to issue visas.
§ 110. Conviction
(a) GENERAL.—In this title, ‘‘conviction’’ means a formal judgment of
guilt of the alien entered by a court or, if adjudication of guilt has been
withheld, where—
(1)(A) a judge or jury has found the alien guilty; or
(B) the alien has entered a plea of guilty or nolo contendere or has
admitted sufficient facts to warrant a finding of guilt; and
(2) the judge has ordered some form of punishment, penalty, or re-
straint on the alien’s liberty to be imposed.
(b) A reference to a term of imprisonment or a sentence with respect to
an offense is deemed to include the period of incarceration or confinement
ordered by a court of law regardless of any suspension of the imposition
or execution of that imprisonment or sentence.
(c) This section applies to convictions and sentences entered at any time.
§ 111. Crewmember
In this title, ‘‘crewmember’’ means an individual serving in any capacity
on a vessel or aircraft.
§ 112. Executive capacity
(a) GENERAL.—In this title, ‘‘executive capacity’’ means a capacity in
which an employee of an organization primarily—
(1) directs the management of the organization or a major compo-
nent or function of the organization;
(2) establishes the goals and policies of the organization, component,
or function;
(3) has wide latitude in making discretionary decisions; and
(4) receives only general supervision or direction from higher level
executives, the board of directors, or stockholders of the organization.
(b) STAFFING LEVELS AS FACTOR.—If staffing levels are used as a fac-
tor in deciding whether an individual is acting in an executive capacity, the
Attorney General shall consider the reasonable needs of the organization,
component, or function in light of the overall purpose and stage of develop-
ment of the organization, component, or function. An individual is not act-
ing in an executive capacity only because of the number of employees the
individual supervises, directs, or has supervised or directed.
§ 113. Foreign country
In this title, ‘‘foreign country’’ includes the territories and possessions of
a foreign country, but a self-governing dominion or a territory under trust-
eeship is deemed to be a separate foreign country.
§ 114. Good moral character
In this title, each of the following individuals is an individual not of good
moral character:
(1) an individual who, during the period for which good moral char-
acter is required—
(A) was a habitual drunkard;
(B) was within a class of individuals, whether inadmissible or
not, described in—
(i) section 6308 or 6309(a)(5), or 6319(a) of this title; or
(ii) section 6309(a)(1)–(4) of this title (except as section
6309(a)(3) relates to a single offense of simple possession of
not more than 30 grams of marijuana), if the individual ad-
mits committing or was convicted of committing the offense
and committed the offense during the period for which good
moral character is required;
(C) derived income principally from unlawful gambling activi-
ties;
(D) committed at least 2 gambling offenses for which the indi-
vidual has been convicted;
(E) gave false testimony to obtain a benefit under this title (ex-
cept subchapter I of chapter 7, chapter 47, subchapters II and III
of chapter 131, and chapters 133 and 135); or
(F) served a total of at least 180 days in a penal institution
for conviction of an offense or offenses, even if the offense or of-
fenses were not committed during the period for which good moral
character is required.
(2) an individual convicted of murder or, after November 28, 1990,
of another aggravated felony, regardless of whether the offense or con-
viction was during the period for which good moral character is re-
quired.
(3) an individual found for other reasons to be not of good moral
character.
§ 115. Graduate of a medical school
In this title, ‘‘graduate of a medical school’’ means an alien who has
graduated from a medical school or has qualified to practice medicine in a
foreign country, except an alien of national or international renown in the
field of medicine.
§ 116. Immediate relative
In this title, ‘‘immediate relative’’ means—
(1) a child of a citizen of the United States;
(2) a spouse of a citizen of the United States, except that if the citi-
zen has died, the spouse and each child of the spouse remains an im-
mediate relative after the death only if the spouse—
(A) was married to the citizen for at least 2 years before the
date of death;
(B) was not legally separated from the citizen on the date of
death;
(C) files a petition under section 4301(a)(2) of this title not
later than 2 years after the date of death; and
(D) has not remarried; and
(3) a parent of a citizen of the United States if the citizen is at least
21 years of age.
§ 117. Immigrant
In this title, ‘‘immigrant’’ means any alien except a nonimmigrant.
§ 118. Immigration judge
In this title, ‘‘immigration judge’’ means an attorney who is—
(1) appointed by the Attorney General as an administrative judge
within the Executive Office for Immigration Review;
(2) qualified to conduct special classes of proceedings, including a
hearing under section 6704 of this title; and
(3)(A) under the supervision of the Attorney General and who car-
ries out duties and powers the Attorney General prescribes; but
(B) not employed by the Immigration and Naturalization Service.
§ 119. Immigration laws
In this title, ‘‘immigration laws’’ includes this title and all laws, conven-
tions, and treaties of the United States related to the immigration, exclu-
sion, removal, or deportation of aliens.
§ 120. Immigration officer
In this title, ‘‘immigration officer’’ means an officer or employee of the
Federal Government designated by the Attorney General, individually or by
regulation, to carry out the duties and powers of an immigration officer.
§ 121. Ineligible for citizenship
In this title, ‘‘ineligible for citizenship’’, notwithstanding any treaty relat-
ed to military service, means permanently debarred at any time under this
title or any other law from becoming a citizen of the United States.
§ 122. International organization
In this title, ‘‘international organization’’ means an international organi-
zation as defined in section 1 of the International Organizations Immunities
Act (22 U.S.C. 288).
§ 123. Lawfully admitted for permanent residence
In this title, ‘‘lawfully admitted for permanent residence’’ means the sta-
tus of lawfully having been given the privilege of residing permanently in
the United States as an immigrant under the immigration laws, that status
not having changed.
§ 124. Managerial capacity
(a) GENERAL.—In this title, ‘‘managerial capacity’’ means a capacity in
which an employee of an organization primarily—
(1) manages the organization or a department, subdivision, compo-
nent, or function of the organization;
(2) supervises and controls the work of other supervisory, profes-
sional, or managerial employees, or manages an essential function in
the organization or a department or subdivision of the organization;
(3)(A) has the authority to hire and fire or recommend hiring, firing,
and other personnel actions, if an employee is supervised directly; or
(B) works at a senior level in the organizational hierarchy or with
regard to the function managed, if no employee is supervised directly;
and
(4) has discretion over the day-to-day operations of the activity or
function for which the individual has authority.
(b) FIRST-LINE SUPERVISOR.—A first-line supervisor is not acting in a
managerial capacity only because of the supervisor’s supervisory duties un-
less the employees supervised are professional.
(c) STAFFING LEVELS AS FACTOR.—If staffing levels are used as a factor
in deciding whether an individual is acting in a managerial capacity, the At-
torney General shall consider the reasonable needs of the organization, com-
ponent, or function in light of the overall purpose and stage of development
of the organization, component, or function. An individual is not acting in
a managerial capacity only because of the number of employees the individ-
ual supervises, directs, or has supervised or directed.
§ 125. National
In this title, ‘‘national’’ means an individual owing permanent allegiance
to a country.
§ 126. National of the United States
In this title, ‘‘national of the United States’’ means—
(1) a citizen of the United States; or
(2) an individual, not a citizen of the United States, owing perma-
nent allegiance to the United States.
§ 127. Naturalization
In this title, ‘‘naturalization’’ means the conferring of nationality of a
country on an individual after birth by any means.
§ 128. Nonimmigrant
In this title, ‘‘nonimmigrant’’ means an alien who has the status of a
nonimmigrant classified under subchapter I of chapter 23 of this title.
§ 129. Parent, father, and mother
(a) SUBTITLES I–III.—In subtitles I–III of this title (except subchapter
I of chapter 7), ‘‘parent’’, ‘‘father’’, and ‘‘mother’’ mean a parent, father,
and mother of a child as defined in section 108(a) of this title.
(b) SUBTITLE V.—In subtitle V of this title, ‘‘parent’’, ‘‘father’’, and
‘‘mother’’ include a deceased parent, father, and mother of a posthumous
child.
(c) EXCEPTIONS.—(1) In this title (except subchapter I of chapter 7 and
chapter 151), ‘‘parent’’, ‘‘father’’, and ‘‘mother’’ do not include—
(A) the natural parent of a child as defined in section 108(a)(5) of
this title; or
(B) the natural parent or prior adoptive parent of a child as defined
in section 108(a)(6) of this title.
(2) In this title (except subchapter I of chapter 7), ‘‘parent’’, ‘‘father’’,
and ‘‘mother’’ do not include the natural parent or prior adoptive parent
of a special immigrant as defined in section 133(a)(12) of this title.
§ 130. Passport
In this title, ‘‘passport’’ means a travel document—
(1) granted by competent authority;
(2) showing the bearer’s origin, identity, and nationality if any; and
(3) valid for the admission of the bearer into a foreign country.
§ 131. Refugee
(a) GENERAL.—In this title (except chapter 133), ‘‘refugee’’—
(1) means an individual who—
(A)(i) is outside a country of the individual’s nationality or, if
the individual has no nationality, is outside a country in which the
individual last habitually resided; and
(ii) is unable or unwilling to return to, and make use of the pro-
tection of, that country because of persecution or a well-founded
fear of persecution on account of race, religion, nationality, mem-
bership in a particular social group, or political opinion; or
(B) in circumstances the President after appropriate consulta-
tion (as defined in section 5101(a) of this title) specifies—
(i) is in a country of the individual’s nationality or, if the
individual has no nationality, is in a country in which the in-
dividual is habitually residing; and
(ii) is persecuted or has a well-founded fear of persecution
on account of race, religion, nationality, membership in a par-
ticular social group, or political opinion; but
(2) does not include an individual who ordered, incited, assisted, or
otherwise participated in the persecution of an individual on account
of race, religion, nationality, membership in a particular social group,
or political opinion.
(b) RESISTANCE TO COERCIVE POPULATION CONTROL METHODS.—For
purposes of decisions under this title (except chapter 133), an individual—
(1) who has been forced to abort a pregnancy or to undergo involun-
tary sterilization, or who has been persecuted for failure or refusal to
undergo such a procedure or for other resistance to a coercive popu-
lation control program, is deemed to have been persecuted on account
of political opinion; and
(2) who has a well founded fear that he or she will be forced to un-
dergo such a procedure or be subject to persecution for such a failure,
refusal, or resistance is deemed to have a well founded fear of persecu-
tion on account of political opinion.
§ 132. Residence
In this title, ‘‘residence’’ means the principal, actual dwelling place of an
individual without regard to the individual’s intent.
§ 133. Special immigrant
(a) GENERAL.—In this title, ‘‘special immigrant’’ means each of the fol-
lowing immigrants:
(1) an immigrant lawfully admitted for permanent residence return-
ing from a temporary visit outside the United States (including a pe-
riod of employment by the American University of Beirut).
(2) an immigrant who was a citizen of the United States and may
be naturalized under section 20316 or 20319(a) of this title.
(3)(A) an immigrant who—
(i) for at least 2 years immediately before applying for admis-
sion has been a member of a religious denomination having a bona
fide nonprofit religious organization in the United States;
(ii) is coming to the United States—
(I) only to serve as a minister of that religious denomina-
tion;
(II) before October 1, 1997, to work for the organization,
at the request of the organization, in a professional capacity
in a religious vocation or occupation; or
(III) before October 1, 1997, to work for the organization
or for a bona fide organization affiliated with the religious de-
nomination and exempt from taxation as an organization de-
scribed in section 501(c)(3) of the Internal Revenue Code of
1986 (26 U.S.C. 501(c)(3)), at the request of the organiza-
tion, in a religious vocation or occupation; and
(iii) has served as a minister or performed the work described
in subclause (ii) of this clause continuously for at least the 2-year
period described in subclause (i) of this clause; and
(B) the immigrant’s spouse and children if accompanying or follow-
ing to join the immigrant.
(4)(A) an immigrant who is an employee or an honorably retired
former employee of the Federal Government outside the United States,
or of the American Institute in Taiwan, who has performed faithful
service for at least 15 years, if the principal officer of a Foreign Serv-
ice establishment of the United States, or the director of the American
Institute in Taiwan, respectively, recommends that the immigrant be
granted special immigrant status because of exceptional circumstances
and the Secretary of State approves the recommendation after finding
that it is in the interest of the United States to grant the status; and
(B) the immigrant’s spouse and children if accompanying the immi-
grant.
(5)(A) an immigrant who—
(i) resided in the Panama Canal Zone on April 1, 1979;
(ii) was an employee of the Panama Canal Company or the
Canal Zone Government before October 1, 1979; and
(iii) performed faithful service as such an employee for at least
one year; and
(B) the immigrant’s spouse and children if accompanying the immi-
grant.
(6)(A) an immigrant who—
(i) is a national of Panama;
(ii) performed faithful service as an employee of the Federal
Government in the Panama Canal Zone for at least 15 years be-
fore October 1, 1979; and
(iii) honorably retired from that employment at any time or con-
tinues to be employed by the Federal Government in an area of
the former Canal Zone; and
(B) the immigrant’s spouse and children if accompanying the immi-
grant.
(7)(A) an immigrant—
(i) who was an employee of the Panama Canal Company or the
Canal Zone Government on April 1, 1979;
(ii) who performed faithful service as such an employee for at
least 5 years; and
(iii) whose personal safety, or whose spouse’s or child’s personal
safety, is placed in reasonable danger directly because of the Pan-
ama Canal Treaty of 1977 and the special nature of the immi-
grant’s employment; and
(B) the immigrant’s spouse and children if accompanying the immi-
grant.
(8)(A) an immigrant who—
(i) has graduated from a medical school or has qualified to
practice medicine in a foreign country;
(ii) was completely and permanently licensed to practice medi-
cine in a State on January 9, 1978, and was practicing medicine
in a State on that date;
(iii) entered the United States as a nonimmigrant classified
under any of sections 2312–2316 or 2325 of this title before Jan-
uary 10, 1978; and
(iv) has been continuously present in the United States in the
practice or study of medicine since the date of entry; and
(B) the immigrant’s spouse and children if accompanying the immi-
grant.
(9) an immigrant who—
(A) is the unmarried son or daughter of a present or former of-
ficer or employee of an international organization;
(B) while maintaining the status of a nonimmigrant classified
under section 2302(5) or 2324 of this title, has resided and been
physically present in the United States for—
(i) periods totaling at least half of the 7 years before the
date of application for a visa or for adjustment of status to
special immigrant status under this clause (9); and
(ii) periods totaling at least 7 years between the ages of 5
and 21; and
(C) applies for a visa or adjustment of status to special immi-
grant status under this clause (9) not later than April 24, 1989,
or the immigrant’s 25th birthday, whichever is later.
(10) an immigrant who—
(A) is the surviving spouse of a deceased officer or employee of
an international organization;
(B) while maintaining the status of a nonimmigrant classified
under section 2302(5) or 2324 of this title, has resided and been
physically present in the United States for—
(i) periods totaling at least half of the 7 years before the
date of application for a visa or for adjustment of status to
special immigrant status under this clause (10); and
(ii) periods totaling at least 15 years before the date of
death of the officer or employee; and
(C) files a petition for special immigrant status under this
clause (10) not later than April 24, 1989, or 6 months after the
date of death of the officer or employee, whichever is later.
(11)(A) an immigrant who—
(i) is a retired officer or employee of an international organiza-
tion;
(ii) while maintaining the status of a nonimmigrant classified
under section 2302(5) of this title, has resided and been physically
present in the United States for periods totaling at least half of
the 7 years before the date of application for a visa or for adjust-
ment of status to special immigrant status under this clause (11),
and for periods totaling at least 15 years before the date of the
officer’s or employee’s retirement from the international organiza-
tion; and
(iii) files a petition for special immigrant status under this
clause (11) not later than April 25, 1995, or 6 months after the
date of retirement, whichever is later; and
(B) the immigrant’s spouse if accompanying or following to join the
immigrant as a member of the immediate family.
(12) an immigrant—
(A) who has been declared a dependent of a juvenile court in
the United States or whom a juvenile court in the United States
has committed to, or placed in custody of, an authority or depart-
ment of a State and who has been found eligible by that court for
long-term foster care; and
(B) for whom it has been decided in an administrative or judi-
cial proceeding that it would not be in the alien’s best interest to
be returned to the alien’s or alien’s parent’s previous country of
nationality or country of last habitual residence.
(13)(A) an immigrant who—
(i) after October 15, 1978, and after original lawful enlistment
outside the United States under a treaty or agreement in effect
on October 1, 1991, has served honorably on active duty in the
armed forces of the United States for—
(I) 12 years and, if separated from the service, was sepa-
rated only under honorable conditions; or
(II) 6 years if the immigrant is on active duty when seek-
ing special immigrant status under this clause (13) and has
reenlisted to incur a total active duty obligation of at least
12 years; and
(ii) is recommended by the head of the executive department of
the Federal Government under which the immigrant has served to
receive special immigrant status under this clause (13); and
(B) the immigrant’s spouse and children if accompanying or follow-
ing to join the immigrant.
(b) TEMPORARY ABSENCES UNDER SUBSECTION (a)(9)–(11).—An alien
who is a present or former officer or employee of an international organiza-
tion, or is the surviving spouse, unmarried son, or unmarried daughter of
a present or former officer or employee, is deemed under subsection (a)(9)–
(11) of this section to be residing and physically present in the United
States during a period in which the alien is residing in, but absent from,
the United States if—
(1) the alien is absent because of the officer’s or employee’s need to
conduct official business for the organization or because of customary
leave; and
(2) during the absence—
(A) the officer or employee continues to have a duty station in
the United States; and
(B) with respect to an unmarried son or daughter, the son or
daughter is not enrolled in a school outside the United States.
§ 134. Spouse, wife, and husband
In this title, ‘‘spouse’’, ‘‘wife’’, and ‘‘husband’’ do not include a spouse,
wife, or husband by a marriage ceremony during which both parties were
not physically present, unless the parties consummated the marriage.
§ 135. State
In this title (except subchapter I of chapter 7, subchapters II and III of
chapter 131, and chapters 133 and 135), ‘‘State’’ means a State of the
United States, the District of Columbia, Puerto Rico, Guam, and the Virgin
Islands.
§ 136. Stowaway
In this title, ‘‘stowaway’’ means an alien who obtains transportation with-
out the consent of the owner, master, commanding officer, or charterer of
a vessel or aircraft through concealment aboard the vessel or aircraft. How-
ever, a passenger who boards with a valid ticket is not a stowaway.
§ 137. Totalitarian dictatorship
In this title, ‘‘totalitarian dictatorship’’ means a system of government
that is not representative and is characterized by—
(1) the existence of a single political party, organized on a dictatorial
basis, whose policies are so closely identified with the governmental
policies that the party and the government are indistinguishable; and
(2) the forcible suppression of opposition to the party.
§ 138. Totalitarian party
In this title, ‘‘totalitarian party’’ means an organization advocating the
establishment of a totalitarian dictatorship in the United States.
§ 139. United States
In this title (except subchapter I of chapter 7, subchapters II and III of
chapter 131, chapters 133 and 135, and section 13702), ‘‘United States’’
means the States of the United States, the District of Columbia, Puerto
Rico, Guam, and the Virgin Islands.
§ 140. Unmarried
In this title, ‘‘unmarried’’, when used in reference to an individual as of
a particular time, means an individual who was not married at that time,
even if previously married.
§ 141. Visa
In this title, ‘‘visa’’ means an unexpired visa issued under section 2123
or 4313 of this title.
CHAPTER 3—DEPARTMENT OF JUSTICE
SUBCHAPTER I—ORGANIZATION AND ADMINISTRATION
Sec.
301.
General authority of the Attorney General.
302.
Immigration and Naturalization Service.
303.
Working hours and premium pay for officers and employees of the Immigration and
Naturalization Service.
304.
Providing immigration services for scheduled flights.
305.
Reimbursement for immigration inspection services.
306.
Travel expenses.
307.
Interment expenses and other services to certain family members.
308.
Providing services and articles at immigrant stations.
309.
Providing services for individuals in administrative detention in non-federal institutions.
310.
Operation of photographic studios by welfare organizations.
311.
Advisory committee on inspection services.
312.
Reports.
SUBCHAPTER II—ENFORCEMENT
321.
Oaths and testimony.
322.
Enforcement authority.
323.
Authority to support control of borders.
324.
Preclearance authority.
325.
Preinspection at foreign airports.
326.
Enforcement by States.
327.
Local jurisdiction over immigrant stations.
328.
Acceptance of state assistance for transporting deportable criminal aliens.
329.
Automated permit pilot projects.
330.
Automated entry-exit control system.
SUBCHAPTER III—FINANCIAL ADMINISTRATION AND FEES
341.
Crediting appropriations.
342.
Interest on immigration bonds.
343.
Use of appropriations for undercover investigations.
344.
Breached Bond/Detention Fund.
345.
Immigration User Fee Account.
346.
Immigration Examinations Fee Account.
347.
Immigration Enforcement Account.
348.
Immigration Detention Account.
349.
Land border inspection fees.
350.
Immigration emergency fund.
SUBCHAPTER IV—INFORMATION SERVICES
361.
Information system on impact of immigration laws.
362.
Records on aliens.
363.
Information about criminal aliens.
364.
Information about transporting alien females for prostitution and debauchery.
365.
Communication between government entities and the Immigration and Naturalization
Service.
366.
Limitations on disclosure of information.
367.
Proof of nonexistence of records.
SUBCHAPTER I—ORGANIZATION AND ADMINISTRATION
§ 301. General authority of the Attorney General
(a) GENERAL AUTHORITY.—(1) Except as otherwise provided by law, the
Attorney General shall carry out this title and other immigration laws. The
Attorney General’s decision and ruling on a question of law is controlling.
(2) The Attorney General may prescribe regulations and forms of bonds
to carry out the duties and powers of the Attorney General under this title.
(b) CONTROL OF BORDERS.—The Attorney General shall control the bor-
ders of the United States against the unlawful entry of aliens.
(c) DELEGATION.—In carrying out this title, the Attorney General, with
the consent of the head of a federal department, agency, or instrumentality
may require or authorize an officer or employee of the department, agency,
or instrumentality to carry out a duty or power of an officer or employee
of the Immigration and Naturalization Service.
(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.
§ 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.—(1) The Commis-
sioner shall—
(A) carry out duties and powers prescribed by the Attorney General;
and
(B) maintain direct and continuous liaison with the Administrator
designated under section 502 of this title to carry out the immigration
and nationality laws in a coordinated, uniform, and efficient way.
(2) The Commissioner may make cooperative agreements with state and
local law enforcement agencies to assist in enforcing the immigration laws.
(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. Working hours and premium pay for officers and em-
ployees of the Immigration and Naturalization
Service
(a) REGULATING WORKING HOURS.—The Attorney General may regulate
the working hours of officers and employees of the Immigration and Natu-
ralization Service performing work at a port to coincide with the customary
working hours at that port. This subsection does not change the length of
a working day or the rate provided in subsection (b) of this section.
(b) PREMIUM PAY RATES.—An officer or employee of the Service per-
forming work related to the inspection and landing of passengers and crew
of a vessel, aircraft, or vehicle arriving in the United States from a foreign
port is entitled to premium pay at the following rates:
(1) For overtime work, the rate is one-half day’s pay for each 2
hours (or part of a 2-hour period of at least one hour), but the total
pay for the period between the end of the individual’s regular shift and
the beginning of the individual’s next regular shift may not be more
than 2.5 days’ pay.
(2) For work on a Sunday or holiday, the rate is 2 days’ pay.
(c) METHOD OF PAYMENT.—(1) Except as provided in section 80503 of
title 49, when an officer or employee of the Service performs work referred
to in subsection (b) of this section, the master, owner, agent, or consignee
of the vessel, aircraft, or vehicle shall pay to the Attorney General an
amount equal to the pay to which the officer or employee is entitled under
subsection (b). The amount shall be paid if the officer or employee was or-
dered to report for work and did report, even if an inspection did not take
place. However, this paragraph does not apply to an inspection, at a des-
ignated port of entry, of passengers arriving by an international ferry,
bridge, or tunnel, or by a vessel on the Great Lakes and connecting water-
ways, an aircraft, or a vehicle, when the vessel, aircraft, or vehicle is operat-
ing on a regular schedule.
(2) The Attorney General shall deposit in the Treasury an amount paid
under this subsection. The amount shall be credited to the appropriation
‘‘Immigration and Naturalization Service—Salaries and Expenses’’. The
amount credited to the appropriation is available for payment of the over-
time, Sunday, and holiday pay.
§ 304. Providing immigration services for scheduled flights
Notwithstanding section 303(c)(1) of this title or any other law, the im-
migration services required to be provided to passengers on arrival in the
United States on a scheduled flight shall be provided adequately, not later
than 45 minutes after their presentation for inspection, when needed and
at no cost to the air carrier or passengers, except for the fee specified in
section 7308(a) of this title, at—
(1) airports at which immigration services are provided; and
(2) places outside the United States at which an immigration officer
is stationed to provide immigration services.
§ 305. Reimbursement for immigration inspection services
(a) INSPECTIONS IN FOREIGN CONTIGUOUS TERRITORIES.—Section 209
of title 18 does not prohibit reimbursement for the services of an immigra-
tion officer related to inspecting aliens in a foreign contiguous territory. The
reimbursement shall be credited to the appropriation ‘‘Immigration and
Naturalization Service—Salaries and Expenses’’.
(b) REQUESTED INSPECTION SERVICES.—The Attorney General may re-
ceive reimbursement from the owner, operator, or agent of a private or com-
mercial vessel or aircraft, or from a seaport or airport authority, for ex-
penses incurred by the Attorney General in providing immigration inspec-
tion services requested by the owner, operator, agent, or authority, including
the salaries and expenses of individuals employed by the Attorney General
to provide the services. The Attorney General’s authority to receive reim-
bursement under this section ends as soon as an amount is appropriated
to provide the services.
§ 306. Travel expenses
(a) TRAVEL EXPENSES.—Under regulations prescribed by the Attorney
General, an officer or employee of the Immigration and Naturalization Serv-
ice is entitled to travel expenses when the officer or employee—
(1) is ordered to carry out duties and powers in a foreign country;
(2) is transferred from one station to another in the United States
or in a foreign country; or
(3) in carrying out duties and powers in a foreign country, becomes
eligible for voluntary retirement and returns to the United States.
(b) EXPENSES
OF TRANSPORTING SPOUSE, CHILDREN, AND PROP-
ERTY.—The Attorney General may reimburse an officer or employee de-
scribed in subsection (a) of this section for expenses incurred in transport-
ing the officer’s or employee’s spouse, dependent children, and personal
property, including (as provided under subchapter II of chapter 57 of title
5) the expenses for packing, crating, freight, unpacking, temporary storage,
and drayage.
§ 307. Interment expenses and other services to certain fam-
ily members
(a) EXPENSES OF INTERMENT.—When an officer or employee of the Im-
migration and Naturalization Service dies when in, or in transit to, a for-
eign country on official business, the Attorney General may pay the ordi-
nary and necessary expenses of interment.
(b) SERVICES TO FAMILY MEMBERS OF OFFICERS AND AGENTS KILLED
IN THE LINE OF DUTY.—(1) To the extent provided in an appropriation
law, when an immigration officer or border patrol agent is killed in the line
of duty, the Attorney General may pay from appropriations available for the
activity in which the officer or agent was engaged—
(A) the actual and necessary expenses of transportation of the re-
mains of the officer or agent to a place of burial located in any State,
American Samoa, the Northern Mariana Islands, the Republic of the
Marshall Islands, the Federated States of Micronesia, or the Republic
of Palau;
(B) travel expenses, including per diem in lieu of subsistence, of the
decedent’s spouse and minor children to and from the place of burial
at rates not more than those established for official government travel
under subchapter I of chapter 57 of title 5; and
(C) the cost of any other memorial service authorized by the Attor-
ney General.
(2) The Attorney General may prepay any expense authorized to be paid
under this subsection.
§ 308. Providing services and articles at immigrant stations
(a) AWARDING CONTRACTS.—Subject to section 3709 of the Revised
Statutes (41 U.S.C. 5), the Attorney General may award an exclusive con-
tract to provide money exchange services, to transport passengers or bag-
gage, to provide food and eating facilities, or to provide similar services at
an immigrant station only to the lowest responsible and capable bidder (ex-
cept an alien). The Attorney General may charge a reasonable rental for
the use of federal property in providing the services. However, the Attorney
General may provide a necessary service at an immigrant station if the At-
torney General finds that it would be more economical and efficient.
(b) SALE OF NECESSARY ARTICLES BY THE ATTORNEY GENERAL.—If
aliens detained at an immigrant station cannot readily obtain articles that
the Attorney General decides are necessary to their health and welfare, the
Attorney General may sell the articles to the aliens at reasonable prices
through canteens operated by the Commissioner of Immigration and Natu-
ralization.
(c) INTOXICATING LIQUORS.—Intoxicating liquors may not be sold at an
immigrant station.
(d) DEPOSIT OF AMOUNTS RECEIVED.—The Attorney General shall de-
posit amounts received under this section in the Treasury to the credit of
the appropriation ‘‘Immigration and Naturalization Service—Salaries and
Expenses’’.
§ 309. Providing services for individuals in administrative
detention in non-federal institutions
In support of individuals in administrative detention in non-federal insti-
tutions, the Attorney General may—
(1) under an agreement with a State or political subdivision of a
State, make payments from amounts appropriated for the administra-
tion and enforcement of the laws related to immigration, naturalization,
and alien registration for necessary clothing, medical care, necessary
guard hire, and the housing, care, and security of individuals detained
by the Immigration and Naturalization Service under federal law; and
(2) make a cooperative agreement with any State, territory, or politi-
cal subdivision of a State or territory, for the necessary construction,
physical renovation, acquisition of equipment, supplies or materials re-
quired to establish acceptable conditions of confinement and detention
services in any State or unit of local government which agrees to pro-
vide guaranteed bed space for individuals detained by the Service.
§ 310. Operation of photographic studios by welfare organi-
zations
On recommendation of the Attorney General, an officer or employee in
charge of property owned or leased by the Federal Government may provide
space, without payment of rent, in a building occupied by the Immigration
and Naturalization Service, for a photographic studio operated by a welfare
organization without profit and only for the benefit of individuals seeking
to comply with the immigration and nationality laws. The Attorney General
shall supervise a studio operated under this section.
§ 311. Advisory committee on inspection services
(a) ESTABLISHMENT.—The Attorney General shall establish an advisory
committee consisting of representatives from air carriers and other modes
of transportation that may be subject to a fee authorized by law or proposed
by the Immigration and Naturalization Service to cover expenses incurred
by the Service.
(b) MEETINGS AND ADVICE.—The advisory committee shall meet on a
periodic basis and advise the Attorney General on issues related to the per-
formance of the inspection services of the Service. This advice shall include
such issues as the time periods during which the services should be per-
formed, the proper number and deployment of inspection officers, the level
of fees, and the appropriateness of any proposed fee. The Attorney General
shall give substantial consideration to the views of the committee.
§ 312. Reports
(a) REPORTS ON CERTAIN NONIMMIGRANTS.—Not later than April 1 of
each year, the Attorney General shall submit to the Committees on the Ju-
diciary of the House of Representatives and the Senate a report describing
for each class under sections 2313–2316, 2318–2320, and 2325 of this title
the following:
(1) The number of petitions filed.
(2) The number of petitions approved and the number of workers (by
occupation) included in the approved petitions.
(3) The number of petitions denied and the number of workers (by
occupation) requested in the denied petitions.
(4) The number of petitions withdrawn.
(5) The number of petitions pending final action.
(b) REPORTS ON NATURALIZATION STATISTICS.—(1) The Attorney Gen-
eral shall prepare annually, from the records of the Immigration and Natu-
ralization Service, a report in statistical form with analytical comment. The
report shall show by nationality—
(A) the relation between the number of aliens seeking citizenship of
the United States and the number of aliens arriving each year;
(B) the relation between the number of aliens seeking citizenship of
the United States and the prevailing census populations of the foreign
born; and
(C) the economic, vocational, and other classifications of aliens seek-
ing citizenship of the United States.
(2) Payment for the equipment used in preparing the report under this
subsection shall be made from the appropriation ‘‘Immigration and Natu-
ralization Service—Salaries and Expenses’’.
(c) REPORTS ON PUBLIC CHARGE DEPORTATIONS, INDIGENT SPONSORS,
AND REIMBURSEMENT ACTIONS.—Not later than 180 days after the end of
each fiscal year, the Attorney General shall submit to the Inspector General
of the Department of Justice and the Committees on the Judiciary of the
House of Representatives and the Senate a report describing the following:
(1) The number of aliens deported on public charge grounds under
section 6503 of this title during the prior fiscal year.
(2) The number of determinations made under section 15125(d) of
this title during the prior fiscal year.
(3) The number of actions brought, and the amount of each action,
for reimbursement under section 6331 of this title (including private
collections) for the costs of providing public benefits.
(d) REPORTS ON CRIMINAL ALIENS.—The Attorney General shall submit
annually to the Committees on the Judiciary of the House of Representa-
tives and the Senate a report detailing—
(1) the number of illegal aliens incarcerated in federal and state pris-
ons for having committed felonies, stating the number incarcerated for
each type of offense;
(2) the number of illegal aliens convicted of felonies in a federal or
state court, but not sentenced to incarceration, in the year before the
report was submitted, stating the number convicted for each type of
offense;
(3) programs and plans underway in the Department to ensure the
prompt removal from the United States of criminal aliens subject to
removal; and
(4) methods for identifying and preventing the unlawful reentry of
aliens who have been convicted of criminal offenses in the United
States and removed from the United States.
(e) REPORTS ON DETENTION SPACE AND ALIENS RELEASED INTO COM-
MUNITY.—(1) Not later than April 1 and October 1 of each year, the Attor-
ney General shall submit to the Committees on the Judiciary of the House
of Representatives and the Senate a report estimating the amount of deten-
tion space that will be required, during the fiscal year in which the report
is submitted and the succeeding fiscal year, to detain—
(A) all aliens subject to detention under section 6702(c) or 6715 of
this title;
(B) all inadmissible or deportable aliens subject to proceedings under
section 6704 or 6705 of this title; and
(C) other inadmissible or deportable aliens under priorities the Attor-
ney General establishes.
(2) Each report submitted under paragraph (1) of this subsection shall
include the following estimates:
(A) The number of criminal aliens who, in the 6-month period pre-
ceding the date of the submission of the report—
(i) were released from detention facilities of the Service (wheth-
er operated directly by the Service or through contract with other
persons or entities); or
(ii) were not taken into custody or detention by the Service on
completion of their incarceration.
(B) The number of criminal aliens described in clause (A) of this
paragraph who were convicted of an aggravated felony.
(C) The number of inadmissible or deportable aliens who were re-
leased into the community due to a lack of detention facilities in the
6-month period preceding the date of the submission of the report not-
withstanding circumstances that the Attorney General believed justified
detention, for example, a significant probability that the released alien
would not appear, as agreed, at subsequent exclusion or deportation
proceedings.
(f) REPORTS ON ALIENS GRANTED REFUGEE STATUS OR ASYLUM.—
Not later than 90 days after the end of each fiscal year, the Attorney Gen-
eral shall submit to the Committees on the Judiciary of the House of Rep-
resentatives and the Senate a report describing—
(1) the number and countries of origin of aliens granted refugee sta-
tus or asylum under determinations pursuant to section 131(b) of this
title; and
(2) projections on the number and countries of origin of aliens that
are likely to be granted refugee status or asylum under determinations
pursuant to section 131(b) of this title for the subsequent 2 fiscal
years.
(g) REPORTS ON ALIENS PAROLED INTO THE UNITED STATES.—Not
later than 90 days after the end of each fiscal year, the Attorney General
shall submit a report to the Committees on the Judiciary of the House of
Representatives and the Senate with the following information:
(1) The number and categories of aliens paroled into the United
States under section 6121 of this title.
(2) The total number of aliens paroled into and residing in the Unit-
ed States.
(3) Information and data for each country of origin concerning the
number and categories of aliens paroled, the duration of parole, and
the current status of aliens paroled.
(4) The number and categories of aliens returned to the custody
from which they were paroled during the prior fiscal year.
SUBCHAPTER II—ENFORCEMENT
§ 321. 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.
§ 322. 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 Federal 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 denying the individual admission to 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 attempting 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 be-
fore a warrant for the alien’s arrest can be obtained, but the alien ar-
rested shall be taken without unnecessary delay for examination before
an immigration 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, removal,
or deportation 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) An officer or employee of the Service designated by Attorney General
shall decide promptly whether to issue a detainer to detain an alien if any
federal, state, or local law enforcement official (or another official)—
(A) arrests an alien for violating a law related to controlled sub-
stances;
(B) has reason to believe that the alien is in the United States un-
lawfully;
(C) expeditiously informs the officer or employee of the arrest and
of facts about the alien’s status; and
(D) requests the Commissioner of Immigration and Naturalization to
issue the detainer.
(2) If the detainer is issued and the alien is not otherwise detained by
a federal, state, or local law enforcement official, the Attorney General shall
take custody of the alien expeditiously.
§ 323. Authority to support control of borders
(a) LAND ACQUISITION.—(1) The Attorney General may contract for or
buy any interest in land, including temporary use rights, adjacent to or in
the vicinity of an international land border when the Attorney General de-
cides the land is essential to control and guard the boundaries and borders
of the United States against any violation of this title.
(2) The Attorney General may contract for or buy any interest in land
identified under paragraph (1) of this subsection as soon as the lawful
owner of that interest fixes a price for it and the Attorney General considers
that price to be reasonable.
(3) When the Attorney General and the lawful owner of an interest iden-
tified under paragraph (1) of this subsection are unable to agree upon a
reasonable price, the Attorney General may begin condemnation proceedings
under the Act of August 1, 1888 (40 U.S.C. 257).
(4) The Attorney General may accept an interest in land identified under
paragraph (1) of this subsection as a gift for the Federal Government.
(b) IMPROVEMENT OF BARRIERS AT BORDER.—(1) In consultation with
the Commissioner of Immigration and Naturalization, the Attorney General
shall take those actions necessary to install additional physical barriers and
roads (including the removal of obstacles to detection of illegal entrants) in
the vicinity of the United States border to deter illegal crossings in areas
of high illegal entry into the United States.
(2)(A) In carrying out paragraph (1) of this subsection, the Attorney
General shall provide for the construction along the 14 miles of the inter-
national land border of the United States, starting at the Pacific Ocean and
extending eastward, of second and third fences, in addition to the existing
reinforced fence, and for roads between the fences. The Attorney General
shall—
(i) acquire promptly under subsection (a) of this section those ease-
ments necessary to carry out this paragraph;
(ii) begin construction of fences immediately after acquiring those
easements or part of those easements; and
(iii) while constructing the additional fencing under this paragraph,
incorporate those safety features into the design of the fence system
necessary to ensure the well-being of border patrol agents deployed
within or in near proximity to that system.
(B) Not more than $12,000,000 may be appropriated to carry out this
paragraph. Amounts appropriated remain available until expended.
(3) The provisions of the Endangered Species Act of 1973 (16 U.S.C.
1531 et seq.) and the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.) do not apply to actions taken under this subsection
to the extent the Attorney General decides necessary to ensure expeditious
construction of the barriers and roads under this subsection.
(c) IMPROVED BORDER EQUIPMENT AND TECHNOLOGY.—The Attorney
General may acquire and use to detect, interdict, and reduce illegal immi-
gration into the United States any federal equipment (including fixed wing
aircraft, helicopters, four-wheel drive vehicles, sedans, night vision goggles,
night vision scopes, and sensor units) determined available for transfer by
a federal department, agency, or instrumentality at the request of the Attor-
ney General.
(d) DELEGATION OF AUTHORITY.—When the Attorney General decides
that an actual or imminent mass influx of aliens arriving off the coast of
the United States, or near a land border, presents urgent circumstances re-
quiring an immediate federal response, the Attorney General may authorize
any state or local law enforcement officer, with the consent of the head of
the department, agency, or establishment under whose jurisdiction the indi-
vidual is serving, to perform or exercise any of the powers, privileges, or
duties conferred or imposed by this title (except subchapter I of chapter 7,
chapter 47, subchapters II and III of chapter 131, chapters 133 and 135,
section 13702, and chapter 151) or regulations issued under this title (ex-
cept any of those provisions) on officers or employees of the Immigration
and Naturalization Service.
§ 324. Preclearance authority
After consultation with the Secretary of State, the Attorney General may
authorize officers of a foreign country to be stationed at preclearance facili-
ties in the United States to ensure that individuals traveling from or
through the United States to that foreign country comply with that coun-
try’s immigration and related laws. Those officers—
(1) may exercise the authority and perform the duties United States
immigration officers are authorized to exercise and perform in that for-
eign country under reciprocal agreement; and
(2) shall enjoy those reasonable privileges and immunities necessary
for the performance of their duties as the government of their country
extends to United States immigration officers.
§ 325. Preinspection at foreign airports
(a) ESTABLISHMENT OF PREINSPECTION STATIONS.—(1) Not later than
October 31, 1998, the Attorney General, in consultation with the Secretary
of State, shall establish and maintain preinspection stations in at least 5
of the foreign airports that are among the 10 foreign airports which the
Attorney General identifies as serving as last points of departure for the
greatest numbers of inadmissible alien passengers who arrive by air at ports
of entry within the United States. These preinspection stations shall be in
addition to any preinspection stations established before September 30,
1996.
(2) Not later than October 31, 2000, the Attorney General, in consulta-
tion with the Secretary, shall establish preinspection stations in at least 5
additional foreign airports which the Attorney General, in consultation with
the Secretary, determines, based on the data compiled under subsection (b)
of this section and other information as may be available, would most effec-
tively reduce the number of aliens who arrive from abroad by air at points
of entry within the United States who are inadmissible to the United States.
These preinspection stations shall be in addition to those established before
September 30, 1996, or under paragraph (1) of this subsection.
(3) Before establishing a preinspection station under paragraph (1) or (2)
of this subsection, the Attorney General, in consultation with the Secretary,
shall ensure that—
(A) federal employees stationed at the preinspection station and their
accompanying family members will receive appropriate protection;
(B) those employees and their families will not be subject to unrea-
sonable risks to their welfare and safety; and
(C)(i) the country in which the preinspection station is to be estab-
lished maintains practices and procedures with respect to asylum seek-
ers and refugees in accordance with the Convention Relating to the
Status of Refugees (done at Geneva, July 28, 1951), or the Protocol
Relating to the Status of Refugees (done at New York, January 31,
1967); or
(ii) that an alien in the country otherwise has recourse to avenues
of protection from return to persecution.
(b) DATA COLLECTION.—Not later than November 1 of each year, the
Attorney General shall compile data identifying—
(1) the foreign airports which served as last points of departure for
aliens who arrived by air at United States ports of entry without valid
documentation during the prior fiscal years;
(2) the number and nationality of aliens described in clause (1) of
this subsection arriving from each foreign airport; and
(3) the primary routes those aliens followed from their country of or-
igin to the United States.
(c) CARRIER CONSULTANT PROGRAM.—The Attorney General shall as-
sign additional immigration officers to assist air carriers in the detection of
fraudulent documents at foreign airports which, based on the records main-
tained under subsection (b) of this section, served as a point of departure
for a significant number of arrivals at United States ports of entry without
valid documentation, but where no preinspection station exists.
(d) REPORT.—Not later than October 31, 1998, the Attorney General
shall report to the Committees on the Judiciary of the House of Representa-
tives and the Senate on the implementation of subsection (a)(1) of this sec-
tion.
§ 326. Enforcement by States
(a) STATE PRESENCE.—To ensure the effective enforcement of this title,
the Attorney General shall allocate to each State at least 10 full-time active
duty agents of the Immigration and Naturalization Service to carry out the
functions of the Service.
(b) ACCEPTANCE
OF STATE SERVICES.—(1) Notwithstanding section
1342 of title 31, the Attorney General may make a written agreement with
a State, or any political subdivision of a State, under which an officer or
employee of the State or subdivision that the Attorney General decides is
qualified to perform a function of an immigration officer related to the in-
vestigation, apprehension, or detention of aliens in the United States (in-
cluding the transportation of those aliens across state lines to detention cen-
ters) may carry out that function at the expense of the State or subdivision
and to the extent consistent with state and local law.
(2) An agreement under this subsection shall—
(A) require that an officer or employee of a State or political subdivi-
sion of a State performing a function under the agreement has knowl-
edge of, and adheres to, federal law related to the function; and
(B) contain a written certification that the officer or employee per-
forming the function under the agreement has received adequate train-
ing about the enforcement of relevant federal immigration laws.
(3) In performing a function under this subsection, an officer or employee
of a State or political subdivision of a State—
(A) shall be subject to the direction and supervision of the Attorney
General; and
(B) may use federal property or facilities, as provided in a written
agreement between the Attorney General and the State or subdivision.
(4) For each officer or employee of a State or political subdivision of a
State who is authorized to perform a function under this subsection, the
written agreement between the Attorney General and the State or subdivi-
sion required under paragraph (1) of this subsection shall state—
(A) the specific powers and duties that may be, or are required to
be, exercised or performed by the officer or employee;
(B) the duration of the authority of the officer or employee; and
(C) the position of the individual who is required to supervise and
direct the officer or employee.
(5) The Attorney General may not accept a service under this subsection
if the service will be used to displace any federal employee.
(6) Except as provided in paragraph (7) of this subsection, an officer or
employee of a State or political subdivision of a State performing functions
under this subsection may not be treated as a federal employee for any pur-
pose other than for purposes of chapter 81 of title 5 and chapter 171 of
title 28.
(7) An officer or employee of a State or political subdivision of a State
acting under color of authority under this subsection, or any agreement en-
tered into under this subsection, shall be considered to be acting under color
of federal authority for purposes of determining the liability, and immunity
from suit, of the officer or employee in a civil action brought under federal
or state law.
(8) This subsection does not require—
(A) any State or political subdivision of a State to make an agree-
ment with the Attorney General under this subsection; and
(B) an agreement under this subsection in order for any officer or
employee of a State or subdivision—
(i) to communicate with the Attorney General regarding the im-
migration status of any individual, including reporting knowledge
that a particular alien is not lawfully present in the United States;
or
(ii) to otherwise cooperate with the Attorney General in the
identification, apprehension, detention, or removal of aliens not
lawfully present in the United States.
§ 327. Local jurisdiction over immigrant stations
A law enforcement official responsible for enforcing the law of a State,
territory, or possession of the United States in which an immigrant station
is located has jurisdiction over the station and may enter the station to pre-
serve the peace and make arrests for offenses under the laws of the State,
territory, or possession. A court of the State, territory, or possession has
jurisdiction over the immigrant station on a matter related to the enforce-
ment of the law of the State, territory, or possession.
§ 328. Acceptance of state assistance for transporting de-
portable criminal aliens
(a) AUTHORITY.—Subject to subsection (b) of this section and notwith-
standing any other provision of law, the Attorney General may accept, hold,
administer, and use gifts of property and services (but not cash) from state
and local governments to assist the Immigration and Naturalization Service
in the transportation of deportable aliens who are arrested for misdemean-
ors or felonies under federal or state law and who are unlawfully in the
United States or willing to submit to voluntary departure under safeguards.
Property acquired under this section shall be acquired in the name of the
Federal Government.
(b) LIMITATION.—If the Attorney General decides that the exercise of the
authority under subsection (a) of this section has resulted in discrimination
by law enforcement officials on the basis of race, color, or national origin,
the Attorney General shall terminate the exercise of that authority.
§ 329. Automated permit pilot projects
In consultation with the Secretary of the Treasury, the Attorney General
may conduct pilot projects to demonstrate the use of designated ports of
entry after working hours through the use of card reading machines or
other appropriate technology.
§ 330. Automated entry-exit control system
(a) SYSTEM.—Not later than September 30, 1998, the Attorney General
shall develop an automated entry and exit control system that will—
(1) collect a record of departure for every alien departing the United
States and match the records of departure with the record of the
alien’s arrival in the United States; and
(2) enable the Attorney General to identify, through on-line search-
ing procedures, lawfully admitted nonimmigrants who remain in the
United States beyond the period authorized by the Attorney General.
(b) USE OF INFORMATION ON OVERSTAYS.—Information about aliens
who have remained in the United States beyond their authorized period of
stay identified through the system developed under subsection (a) of this
section shall be integrated into appropriate data bases of the Immigration
and Naturalization Service and the Department of State, including those
used at ports of entry and at consular offices.
(c) REPORT.—Not later than December 31 of each year following the de-
velopment of the system under subsection (a) of this section, the Attorney
General shall submit to the Committees on the Judiciary of the House of
Representatives and the Senate an annual report on the system. The report
shall include the following information:
(1) The number of departure records collected, with an accounting
by country of nationality of the departing alien.
(2) The number of departure records that were successfully matched
to records of the alien’s prior arrival in the United States, with an ac-
counting by the alien’s country of nationality and by the alien’s classi-
fication as an immigrant or nonimmigrant.
(3) The number of aliens who arrived as nonimmigrants, or as visi-
tors under the visa waiver program under section 2128 of this title, for
whom no matching departure record has been obtained through the
system or through other means as of the end of the alien’s authorized
period of stay, with an accounting by the alien’s country of nationality
and date of arrival in the United States.
SUBCHAPTER III—FINANCIAL ADMINISTRATION AND FEES
§ 341. Crediting appropriations
(a) LANDING STATIONS.—Amounts deposited in the Treasury to reim-
burse the Immigration and Naturalization Service for expenses paid by the
Service from the appropriation ‘‘Immigration and Naturalization Service—
Salaries and Expenses’’ for a landing station referred to in section 6905(c)
of this title and for detained aliens shall be credited to that appropriation
for the fiscal year in which the expenses were incurred.
(b) AMOUNTS RECOVERED AFTER BUYING EVIDENCE.—Amounts ex-
pended from the appropriation ‘‘Immigration and Naturalization Service—
Salaries and Expenses’’ to buy evidence and later recovered shall be credited
to that appropriation for the fiscal year in which the recovery is made.
§ 342. Interest on immigration bonds
(a) EARNING OF INTEREST.—The Attorney General shall deposit in the
Treasury cash received as security on an immigration bond, with the cash
to be held in trust for the obligor on the bond. The cash shall earn interest
at a rate the Secretary of the Treasury prescribes, but the rate may not
be more than 3 percent a year. Interest shall accrue from the date of de-
posit through the date of withdrawal or the date of breach of the bond,
whichever is earlier. However, cash received as security on an immigration
bond and deposited by the Attorney General in the postal savings system
discontinued on April 27, 1966, shall earn interest under this subsection
from the date the cash stopped earning interest under the system. Appro-
priations to the Department of the Treasury for interest on uninvested
amounts are available for payment of the interest.
(b) DISPOSITION OF INTEREST.—Interest earned under this section shall
be disposed of in the same way as the principal, except that interest earned
before the date of a breach shall be paid to the obligor on the bond.
§ 343. Use of appropriations for undercover investigations
(a) GENERAL.—(1) With respect to any undercover investigative oper-
ation of the Immigration and Naturalization Service which is necessary for
the detection and prosecution of crimes against the Federal Government—
(A) amounts appropriated for the Service may be used for leasing
space within the United States and the territories and possessions of
the United States without regard to the following provisions of law:
(i) sections 1341 and 3324 of title 31;
(ii) the third undesignated paragraph under the heading ‘‘Mis-
cellaneous’’ of the Act of March 3, 1877 (40 U.S.C. 34);
(iii) section 3732(a) of the Revised Statutes (41 U.S.C. 11(a));
(iv) section 3741 of the Revised Statutes (41 U.S.C. 22);
(v) sections 304(a) and 305 of the Federal Property and Ad-
ministrative Services Act of 1949 (41 U.S.C. 254 (a), 255);
(B) amounts appropriated for the Service may be used to establish
or to acquire proprietary corporations or business entities as part of
an undercover operation, and to operate those corporations or business
entities on a commercial basis, without regard to section 9102 of title
31;
(C) amounts appropriated for the Service, and proceeds from the un-
dercover operation, may be deposited in banks or other financial insti-
tutions without regard to section 648 of title 18 and section 3302(a)
of title 31; and
(D) proceeds from the undercover operation may be used to offset
necessary and reasonable expenses incurred in the operation without re-
gard to section 3302(b) title 31.
(2) The authority in this subsection may be exercised only on written cer-
tification of the Commissioner of Immigration and Naturalization, in con-
sultation with the Deputy Attorney General, that an action authorized by
paragraph (1) of this subsection is necessary for the conduct of the under-
cover operation.
(b) DISPOSITION OF PROCEEDS NO LONGER REQUIRED.—As soon as
practicable after the proceeds from an undercover investigative operation re-
ferred to in subsection (a)(1)(C) and (D) of this section are no longer nec-
essary for the conduct of the operation, the proceeds or the balance of the
proceeds remaining at the time shall be deposited in the Treasury as mis-
cellaneous receipts.
(c) DISPOSITION
OF CERTAIN CORPORATIONS
AND BUSINESS ENTI-
TIES.—If a corporation or business entity established or acquired as part
of an undercover operation under subsection (a)(1)(B) of this section with
a net value of more than $50,000 is to be liquidated, sold, or otherwise dis-
posed of, the Service, as much in advance as the Commissioner or Commis-
sioner’s designee determines practicable, shall report the circumstances to
the Attorney General, the Director of the Office of Management and Budg-
et, and the Comptroller General. The proceeds of the liquidation, sale, or
other disposition, after obligations are met, shall be deposited in the Treas-
ury as miscellaneous receipts.
(d) FINANCIAL AUDITS.—The Commissioner shall conduct a detailed fi-
nancial audit of each closed undercover operations on a quarterly basis and
shall report the results of the audits in writing to the Deputy Attorney Gen-
eral.
§ 344. Breached Bond/Detention Fund
(a) ESTABLISHMENT.—There is a separate account in the Treasury
known as the ‘‘Breached Bond/Detention Fund’’.
(b) REFUNDS.—(1) At least quarterly, the Secretary of the Treasury
shall refund amounts from the Fund to the Immigration and Naturalization
Service for—
(A) expenses incurred in collecting breached bonds; and
(B) expenses associated with the detention of illegal aliens.
(2) The amount required to be refunded for each fiscal year shall be re-
funded in accordance with estimates made in the budget request of the At-
torney General for that fiscal year. However, any proposed change in the
amount designated in the budget request may be made only after notifica-
tion to the Committees on Appropriations of the House of Representatives
and the Senate under section 606 of the Departments of Commerce, Jus-
tice, and State, the Judiciary, and Related Agencies Appropriations Act,
1993 (Public Law 102–395, 106 Stat. 1873).
(c) DEPOSITS.—All breached cash and surety bonds, more than
$8,000,000, posted under this title and recovered by the Attorney General
shall be deposited in the Fund as offsetting receipts.
(d) AVAILABILITY OF AMOUNTS.—Amounts deposited in the Fund remain
available until expended.
(e) REPORTS.—The Attorney General shall submit annually to Congress
a statement on the financial condition of the Fund, including the beginning
balance, receipts, refunds to appropriations, transfers to the general fund,
and the ending balance.
§ 345. Immigration User Fee Account
(a) ESTABLISHMENT.—There is a separate account in the Treasury
known as the ‘‘Immigration User Fee Account’’.
(b) REFUNDS.—(1) The Secretary of the Treasury shall refund out of the
Account to any appropriation the amount paid out of that appropriation for
expenses incurred by the Attorney General in—
(A) providing immigration inspection and preinspection services for
a commercial vessel or aircraft;
(B) providing overtime, Sunday, or holiday immigration inspection
services for a commercial vessel or aircraft;
(C) administering debt recovery, including establishing and operating
a national collections office;
(D) expanding, operating, and maintaining information systems for
nonimmigrant control and debt collection;
(E) detecting fraudulent documents used by passengers traveling to
the United States, including training of, and technical assistance to,
commercial airline personnel regarding that detection;
(F) providing detention and removal services for an inadmissible
alien—
(i) arriving on a commercial vessel or aircraft; or
(ii) attempting to enter the United States illegally by avoiding
immigration inspection at an air or sea port of entry; and
(G) providing removal and asylum proceedings at an air or sea port
of entry for an inadmissible alien—
(i) arriving on a commercial vessel or aircraft, including provid-
ing removal proceedings resulting from presentation of fraudulent
documentation or failure to present documentation; or
(ii) attempting to enter the United States illegally by avoiding
immigration inspection at an air or sea port of entry.
(2) Amounts required to be refunded under paragraph (1) of this sub-
section shall be refunded at least quarterly on the basis of estimates, made
by the Attorney General, of the expenses referred to in paragraph (1). Prop-
er adjustments shall be made in the amounts subsequently refunded under
paragraph (1) to the extent prior estimates were more or less than the
amount required to be refunded.
(3) In each fiscal year, the Attorney General shall expend for training
and assistance described in paragraph (1)(E) of this subsection an amount
that is at least 5 percent of the total expenses the Attorney General incurs
under paragraph (1) of this subsection in that fiscal year.
(c) DEPOSITS.—The following shall be deposited in the Account:
(1) Fees collected under section 7308(a) of this title, deposited as
offsetting receipts.
(2) Civil penalties collected under sections 10120, 10122, and 10123
of this title.
(3) Liquidated damages and expenses collected under this title (ex-
cept subchapter I of chapter 7, chapter 47, subchapters II and III of
chapter 131, chapters 133 and 135, section 13702, and chapter 151).
(d) AVAILABILITY
OF AMOUNTS.—Amounts deposited in the Account
under subsection (c)(1) of this section remain available until expended.
(e) REPORTS.—(1) At the end of each 2-year period beginning with the
establishment of the Account, the Attorney General, following a public rule-
making with notice and an opportunity for comment, shall submit a report
to Congress—
(A) describing the status of the Account, including the balance; and
(B) recommending any change in the fee specified in section 7308(a)
of this title to ensure that amounts collected from the fee for the suc-
ceeding 2 years equal, as closely as possible, the cost of providing the
services for which the fee is charged.
(2) In addition to the reporting requirement under paragraph (1) of this
subsection, the Attorney General shall submit to Congress not later than
March 31 of each year a statement showing—
(A) the financial condition of the Account, including the beginning
balance, revenues, withdrawals and their purpose, the ending balance,
projections for the next fiscal year, and a complete workload analysis
showing on a port-by-port basis the current and projected need for in-
spectors; and
(B) the success rate of the Immigration and Naturalization Service
in meeting the 45-minute inspection standard imposed by section 304
of this title, detailed statistics on the number of passengers inspected
within the standard, progress being made to expand the use of United
States citizen by-pass, the number of passengers for whom the stand-
ard is not met and the length of their delay, locational breakdown of
these statistics, and the steps being taken to correct any nonconform-
ity.
§ 346. Immigration Examinations Fee Account
(a) ESTABLISHMENT.—There is a separate account in the Treasury
known as the ‘‘Immigration Examinations Fee Account’’.
(b) USE OF AMOUNTS.—Amounts in the Account are available to the At-
torney General to reimburse any appropriation by the amount paid from
that appropriation for expenses in—
(1) providing immigration adjudication and naturalization services;
and
(2) collecting, safeguarding, and accounting for fees deposited in,
and amounts reimbursed from, the Account.
(c) DEPOSITS.—Immigration adjudication fees designated by the Attorney
General by regulation shall be deposited in the Account as offsetting re-
ceipts, whether collected directly by the Attorney General or through clerks
of courts. However, fees the Attorney General receives from applicants re-
siding in the Virgin Islands or Guam shall be paid to the treasury of the
Virgin Islands or the treasury of Guam, respectively.
(d) AVAILABILITY OF AMOUNTS.—Amounts deposited in the Account re-
main available to the Attorney General until expended.
(e) REPORTS.—The Attorney General shall submit annually to Congress
a statement on the financial condition of the Account, including the begin-
ning balance, revenues, withdrawals, the ending balance, and projections for
the next fiscal year.
§ 347. Immigration Enforcement Account
(a) ESTABLISHMENT.—There is a separate account in the Treasury
known as the ‘‘Immigration Enforcement Account’’.
(b) REFUNDS.—(1) The Secretary of the Treasury shall refund out of the
Account to any appropriation the amount paid out of that appropriation for
expenses incurred by the Attorney General in—
(A) identifying, investigating, apprehending, detaining, and removing
criminal aliens;
(B) maintaining and updating a system to identify and track crimi-
nal aliens, deportable aliens, inadmissible aliens, and aliens illegally en-
tering the United States; and
(C) repairing, maintaining, or constructing on the United States bor-
der, in areas experiencing high levels of apprehensions of illegal aliens,
structures to deter illegal entry into the United States.
(2) Amounts required to be refunded under paragraph (1) of this sub-
section shall be refunded at least quarterly on the basis of estimates, made
by the Attorney General, of the expenses referred to in paragraph (1). Prop-
er adjustments shall be made in the amounts subsequently refunded under
paragraph (1) to the extent prior estimates were more or less than the
amount required to be refunded.
(3) Amounts required to be refunded from the Account shall be refunded
in a fiscal year on the basis of estimates made in the budget request of the
Attorney General for that fiscal year. However, any proposed changes in the
amount designated in that budget request may be made only after notifica-
tion to the Committees on Appropriations of the House of Representatives
and the Senate under section 101(a) [§ 605] of the Omnibus Consolidated
Rescissions and Appropriations Act of 1996 (Public Law 104–134, 110
Stat. 1321–63).
(c) DEPOSITS.—The following shall be deposited as offsetting receipts in
the Account:
(1) amounts collected from the increase in penalties collected result-
ing from the amendments made by sections 203(b) and 543(a) of the
Immigration Act of 1990 (Public Law 101–649, 104 Stat. 5018,
5057).
(2) civil penalties collected under sections 10125, 10126, and 10127
of this title.
(d) AVAILABILITY OF AMOUNTS.—Amounts deposited in the Account re-
main available until expended.
(e) REPORTS.—The Attorney General shall submit annually to Congress
a statement on the financial condition of the Account, including the begin-
ning balance, revenues, withdrawals, ending balance, and projections for the
next fiscal year.
§ 348. Immigration Detention Account
(a) ESTABLISHMENT.—There is a separate account in the Treasury
known as the ‘‘Immigration Detention Account’’.
(b) REFUNDS.—(1) The Secretary of the Treasury shall refund out of the
Account to any appropriation the amount paid out of that appropriation for
expenses incurred by the Attorney General for the detention of aliens under
sections 6702(c) and 6715 of this title.
(2) Amounts required to be refunded under paragraph (1) of this sub-
section shall be refunded at least quarterly on the basis of estimates, made
by the Attorney General, of the expenses referred to in paragraph (1). Prop-
er adjustments shall be made in the amounts subsequently refunded under
paragraph (1) to the extent prior estimates were more or less than the
amount required to be refunded.
(3) Amounts required to be refunded from the Account shall be refunded
in a fiscal year on the basis of estimates made in the budget request of the
Attorney General for that fiscal year. However, any proposed changes in the
amount designated in that budget request may be made only after notifica-
tion to the Committees on Appropriations of the House of Representatives
and the Senate under section 101(a) [§ 605] of the Omnibus Consolidated
Rescissions and Appropriations Act of 1996 (Public Law 104–134, 110
Stat. 1321–63).
(c) DEPOSITS.—Amounts described in section 9102(d)(2) of this title
shall be deposited as offsetting receipts in the Account.
(d) AVAILABILITY OF AMOUNTS.—Amounts deposited in the Account re-
main available until expended.
(e) REPORTS.—The Attorney General shall submit annually to Congress
a statement on the financial condition of the Account, including the begin-
ning balance, revenues, withdrawals, ending balance, and projections for the
next fiscal year.
§ 349. Land border inspection fees
(a) FEE AUTHORITY.—(1) The Attorney General may establish, by regu-
lation, not more than 6 projects under which a fee may be charged and col-
lected for inspection services at land border places of entry. A project may
include commuter lanes to be made available to qualified citizens of the
United States and aliens, as the Attorney General decides. Fees collected
under this subsection shall be deposited as offsetting receipts in the Account
established under subsection (b)(1) of this section.
(2) A project described in paragraph (1) of this subsection that was not
authorized to be committed before September 30, 1996, may be imple-
mented 30 days after the Attorney General submits a written plan detailing
the proposed implementation of the project.
(b) LAND BORDER INSPECTION FEE ACCOUNT.—(1) There is a separate
account in the Treasury known as the ‘‘Land Border Inspection Fee Ac-
count’’.
(2) At least quarterly, the Secretary of the Treasury shall refund out of
the Account to any appropriation amounts for expenses incurred in provid-
ing inspection services at land border places of entry, including expenses
of—
(A) providing overtime inspection services;
(B) expanding, operating, and maintaining information systems for
nonimmigrant control;
(C) employing additional permanent and temporary inspectors;
(D) minor construction costs associated with the addition of new
traffic lanes (with the concurrence of the Administrator of General
Services);
(E) detecting fraudulent documents used by passengers traveling to
the United States; and
(F) administering the Account.
(3) Amounts required to be refunded from the Account for each fiscal
year shall be refunded in accordance with estimates made in the budget re-
quest of the Attorney General for that fiscal year. However, any proposed
change in the amount designated in the budget request may be made only
after notification to the Committees on Appropriations of the House of Rep-
resentatives and the Senate under section 606 of the Departments of Com-
merce, Justice, and State, the Judiciary, and Related Agencies Appropria-
tions Act, 1990 (Public Law 101–162, 103 Stat. 1031).
(c) AVAILABILITY OF AMOUNTS.—Amounts deposited in the Account re-
main available until expended.
(d) REPORTS.—(1) The Attorney General shall submit annually to Con-
gress a statement on the financial condition of the Account, including the
beginning balance, revenues, withdrawals, the ending balance, and projec-
tions for the next fiscal year.
(2) The Attorney General shall submit quarterly to Congress a status re-
port on each land border inspection project established under this section.
(e) EXPIRATION.—This section expires on September 30, 2000.
§ 350. Immigration emergency fund
(a) ESTABLISHMENT.—There is an immigration emergency fund in the
Treasury.
(b) USES.—(1) Amounts in the fund may be used—
(A) to provide for an increase in border patrol or other enforcement
activities of the Immigration and Naturalization Service;
(B) to reimburse state and local governments for providing assist-
ance requested by the Attorney General in meeting an immigration
emergency, but only if the President has decided that an emergency ex-
ists and has certified the existence of the emergency to the Committees
on the Judiciary of the House of Representatives and the Senate; and
(C) subject to paragraphs (2)–(4) of this subsection, to reimburse
state and local governments for providing assistance required by the
Attorney General, without the need for a decision by the President that
an emergency exists—
(i) when a district director of the Service certifies to the Com-
missioner of Immigration and Naturalization that the number of
asylum applications filed in the director’s district during a cal-
endar quarter is at least 1,000 more than the number of asylum
applications filed in that district during the prior calendar quarter;
(ii) when the lives, property, safety, or welfare of the residents
of a State or locality are endangered; or
(iii) in other circumstances that the Attorney General decides.
(2) Providing parole at a place of entry in a district shall be counted,
under paragraph (1)(C)(i) of this subsection, as filing an application for
asylum in that district.
(3) Not more than $20,000,000 may be made available for all state and
local governments under paragraph (1)(C) of this subsection.
(4) A state or local government seeking reimbursement under paragraph
(1)(C) of this subsection must file an application with the Attorney General.
The Attorney General shall make a decision on the application not later
than 15 days after receiving the application.
(c) REGULATIONS.—The Attorney General shall prescribe regulations to
carry out this section including a delineation of—
(1) scenarios that constitute an immigration emergency;
(2) the process by which the President declares an immigration
emergency;
(3) the role of the chief executive officer of a State and local officials
of that State in requesting a declaration of emergency;
(4) a definition of ‘‘assistance required by the Attorney General’’ in
subsection (b)(1)(C) of this subsection;
(5) the process by which state and local governments are reimbursed;
and
(6) definitions of terms in subsection (b)(1)(C)(ii) of this section and
the term ‘‘in other circumstances’’ in subsection (b)(1)(C)(iii).
(d) AUTHORIZATION OF APPROPRIATIONS.—An amount may be appro-
priated to the fund each fiscal year so that the balance in the fund is
$35,000,000.
SUBCHAPTER IV—INFORMATION SERVICES
§ 361. Information system on impact of immigration laws
(a) ESTABLISHMENT.—In consultation with interested academicians, gov-
ernmental authorities, and other parties, the Commissioner of Immigration
and Naturalization shall provide for a system to collect and disseminate in-
formation not in individually identifiable form that is useful in evaluating
the social, economic, environmental, and demographic impact of the immi-
gration laws.
(b) TYPE OF INFORMATION TO BE COLLECTED AND DISSEMINATED.—
Information collected under subsection (a) of this section shall include infor-
mation on—
(1) the alien population in the United States;
(2) the rates of naturalization and emigration of resident aliens;
(3) aliens who have been admitted, paroled, or granted asylum;
(4) nonimmigrants in the United States (by occupation, basis for ad-
mission, and length of stay);
(5) aliens who have not been admitted or have been removed from
the United States;
(6) the number of applications filed and granted for cancellation of
removal; and
(7) the number of aliens estimated to be present unlawfully in the
United States in each fiscal year.
(c) FREQUENCY OF COLLECTION AND DISSEMINATION AND RECIPIENTS
OF INFORMATION.—The system shall provide that information be collected
and disseminated at least annually to Congress and the public.
(d) REPORT.—The Commissioner shall submit annually to Congress a re-
port containing—
(1) a summary of information collected under subsection (a) of this
section;
(2) an analysis of trends in immigration and naturalization; and
(3) information on the number, and rate of denial administratively,
of applications for naturalization, for each district office of the Immi-
gration and Naturalization Service and by national origin group.
§ 362. Records on aliens
(a) CENTRAL FILE ON ALIENS.—For the use of security and enforcement
agencies of the Federal Government, the Commissioner of Immigration and
Naturalization shall maintain a central file on aliens that is based on the
records of the Immigration and Naturalization Service. The file shall con-
tain—
(1) the name of each alien admitted or denied admission to the Unit-
ed States;
(2) the name of the alien’s sponsor of record; and
(3) other information relevant to the enforcement of this title that
the Attorney General may require.
(b) PROVIDING INFORMATION TO THE ATTORNEY GENERAL.—(1) On re-
quest of the Attorney General, the head of a federal department, agency,
or instrumentality shall provide the Commissioner with information in the
records of the department, agency, or instrumentality about the identity and
location of an alien in the United States.
(2) The Attorney General may require an alien to provide the alien’s so-
cial security account number for inclusion in any record of the alien main-
tained by the Attorney General or the Commissioner.
§ 363. Information about criminal aliens
(a) ALIENS ARRESTED
FOR
OR CONVICTED
OF AGGRAVATED FELO-
NIES.—(1) The Attorney General shall devise and carry out a system—
(A) to make the investigative resources of the Immigration and Nat-
uralization Service available, daily and on a 24-hour basis, to federal,
state, and local authorities to decide whether an individual arrested by
any of those authorities for an aggravated felony is an alien;
(B) to designate and train officers and employees of the Service in
each district to serve as liaison to federal, state, and local law enforce-
ment and correctional agencies and courts in matters involving the ar-
rest, conviction, and release of aliens charged with aggravated felonies;
and
(C) to maintain a current record, using computer resources, showing
aliens who have been convicted of aggravated felonies and indicating
those who have been removed.
(2) The record referred to in paragraph (1)(C) of this subsection shall
be made available to—
(A) inspectors at ports of entry and to border patrol agents at sector
headquarters for purposes of immediate identification of any alien who
was previously ordered removed and is seeking to reenter the United
States; and
(B) the Secretary of State for use in the Department of State’s auto-
mated visa lookout system.
(3) On request of the chief executive officer of a State, the Commissioner
of Immigration and Naturalization shall provide assistance to state courts
on the identification of aliens unlawfully present in the United States pend-
ing criminal prosecution.
(b) CRIMINAL ALIEN TRACKING CENTER.— (1) The Commissioner shall
operate a criminal alien identification system under subsection (a) of this
section. The system shall be used to assist federal, state, and local law en-
forcement authorities in identifying and locating aliens who may be subject
to removal because they—
(A) have been convicted of aggravated felonies;
(B) are subject to prosecution under section 10148, 10153, or 10155
of this title;
(C) are not lawfully present in the United States; or
(D) are otherwise removable.
(2) The system shall allow for recording into appropriate automated fin-
gerprint identification systems the fingerprint records of aliens who have
been previously arrested and removed.
(3) Not more than $5,000,000 may be appropriated for each of the fiscal
years ending September 30, 1998–2001, to carry out this subsection.
§ 364. Information about transporting alien females for
prostitution and debauchery
To prevent the transportation in foreign commerce of alien females for
prostitution and debauchery, and to carry out the arrangement adopted July
25, 1902, for the suppression of white-slave traffic, the Commissioner of
Immigration and Naturalization shall—
(1) maintain a central file of information about the procurement of
alien females for prostitution and debauchery;
(2) establish the identity of the alien females, take statements they
may make, ascertain who induced them to leave their native countries,
and supervise the females; and
(3) receive statements filed under this section and section 2424 of
title 18, and provide receipts to individuals filing the statements.
§ 365. Communication between government entities and the
Immigration and Naturalization Service
(a) GENERAL.—A federal, state, or local governmental entity or official
may not prohibit, or in any way restrict, any governmental entity or official
from sending to, or receiving from, the Immigration and Naturalization
Service information about the citizenship or immigration status, lawful or
unlawful, of any individual.
(b) ADDITIONAL AUTHORITY OF GOVERNMENT ENTITIES.—An individ-
ual, person, or entity may not prohibit, or in any way restrict, a federal,
state, or local governmental entity from doing any of the following with re-
spect to information about the immigration status, lawful or unlawful, of
any individual:
(1) Sending that information to, or requesting or receiving that in-
formation from, the Service.
(2) Maintaining that information.
(3) Exchanging that information with any other federal, state, or
local governmental entity.
(c) OBLIGATION TO RESPOND TO INQUIRIES.—The Commissioner of Im-
migration and Naturalization shall respond to an inquiry by a federal, state,
or local governmental entity, seeking to verify or ascertain the citizenship
or immigration status of any individual within the jurisdiction of the entity
for any purpose authorized by law, by providing the requested verification
or status information.
§ 366. Limitations on disclosure of information
(a) GENERAL.—(1) Excepted as provided in subsection (b) of this section,
the Attorney General, or any other official or employee of the Department
of Justice, may not—
(A) unless an alien has been convicted of a crime referred to in sec-
tion 6506(a), (b), (c), (d), or (f) of this title, make an adverse deter-
mination of admissibility or deportability of the alien under this title
using information furnished solely by—
(i) a spouse or parent who has battered the alien or subjected
the alien to extreme cruelty;
(ii) a member of the spouse’s or parent’s family residing in the
same household as the alien who has battered the alien or sub-
jected the alien to extreme cruelty when the spouse or parent con-
sented to or acquiesced in the battery or cruelty;
(iii) a spouse or parent who has battered the alien’s child or
subjected the alien’s child to extreme cruelty (without the active
participation of the alien in the battery or extreme cruelty); or
(iv) a member of the spouse’s or parent’s family residing in the
same household as the alien who has battered the alien’s child or
subjected the alien’s child to extreme cruelty when the spouse or
parent consented to or acquiesced in the battery or cruelty and the
alien did not actively participate in the battery or cruelty; or
(B) permit use by or disclosure to anyone (other than a sworn officer
or employee of the Department for legitimate Department purposes) of
any information related to an alien who is the beneficiary of an applica-
tion for relief under section 4301(a)(3), (4), (6), or (7), 4506(b)(1)(C),
or 6721(c) of this title as an alien (or the parent of a child) who has
been battered or subjected to extreme cruelty.
(2) The limitation under paragraph (1)(B) of this subsection ends when
an application for relief is denied and all opportunities for appeal of the de-
nial have been exhausted.
(b) EXCEPTIONS.—(1) The Attorney General may provide for the disclo-
sure of information in the same manner and circumstances as census infor-
mation may be disclosed by the Secretary of Commerce under section 8 of
title 13.
(2) The Attorney General may provide for the disclosure of information
to law enforcement officials to be used solely for a legitimate law enforce-
ment purpose.
(3) Subsection (a) of this section does not prohibit disclosure of informa-
tion in connection with judicial review of a determination in a manner that
protects the confidentiality of that information.
(4) Subsection (a)(1)(B) of this section does not apply if all the battered
individuals in the case are adults and they have all waived the restrictions
of that subsection.
(5) The Attorney General may disclose information to federal, state, and
local public and private agencies providing benefits only to determine eligi-
bility for benefits under section 15102(b)(8) and (c) of this title.
§ 367. Proof of nonexistence of records
A certification by the Attorney General, or by an officer or employee of
the Immigration and Naturalization Service designated by the Attorney
General, that a diligent search of the records of the Service has failed to
disclose a particular record is admissible in any proceeding as evidence that
the records of the Service do not contain the record.
CHAPTER 5—DEPARTMENT OF STATE
Sec.
501.
General authority of the Secretary of State.
502.
Administrator.
503.
Passport Office, Visa Office, and other offices.
504.
Sharing information about foreign traffickers in controlled substances.
505.
Automated Visa Lookout System.
506.
Surcharge for processing machine readable visas.
507.
Confidentiality of records.
§ 501. General authority of the Secretary of State
(a) GENERAL AUTHORITY.—The Secretary of State shall carry out the
provisions of this title, and other immigration and nationality laws, related
to—
(1) duties and powers of the Administrator designated under section
502 of this title;
(2) duties and powers of diplomatic and consular officers, except du-
ties and powers of consular officers related to issuing and refusing to
issue visas; and
(3) a decision about the nationality of an individual not in the Unit-
ed States.
(b) DELEGATION.—In carrying out this title, the Secretary, with the con-
sent of the head of a federal department, agency, or instrumentality may
require or authorize an officer or employee of the department, agency, or
instrumentality to carry out a duty or power of an officer or employee of
the Department of State.
§ 502. Administrator
(a) DESIGNATION.—The Secretary shall designate an Administrator. The
Administrator must be a citizen of the United States and be qualified by
experience.
(b) DUTIES AND POWERS.—The Administrator shall—
(1) carry out duties and powers prescribed by the Secretary of State;
(2) maintain close liaison with the appropriate committees of Con-
gress to advise them on the administration of this title by consular offi-
cers; and
(3) maintain direct and continuous liaison with the Commissioner of
Immigration and Naturalization to carry out the immigration and na-
tionality laws in a coordinated, uniform, and efficient way.
§ 503. Passport Office, Visa Office, and other offices
(a) GENERAL.—The Department of State has a Passport Office, a Visa
Office, and other offices the Secretary of State decides are appropriate. The
head of each office is a director. The Directors of the Passport Office and
the Visa Office must be experienced in carrying out the immigration and
nationality laws.
(b) FUNCTIONS.—The Passport Office carries out laws related to issuing
passports. The Visa Office carries out immigration laws related to issuing
visas.
(c) GENERAL COUNSEL OF VISA OFFICE.—The Visa Office has a General
Counsel appointed by the Secretary. The General Counsel serves under the
general direction of the Legal Adviser of the Department. The General
Counsel may maintain liaison with the appropriate officers of the Immigra-
tion and Naturalization Service to achieve a uniform interpretation of this
title.
§ 504. Sharing information about foreign traffickers in con-
trolled substances
To ensure that foreign traffickers in controlled substances are denied
visas to enter the United States (as required by section 6309(a)(3) of this
title)—
(1) the Secretary of State shall cooperate with United States law en-
forcement agencies, including the Drug Enforcement Administration
and the Customs Service, in establishing a comprehensive information
system on all drug arrests of foreign nationals in the United States so
that the information can be communicated to the appropriate United
States embassies; and
(2) the National Drug Enforcement Policy Board shall agree on uni-
form guidelines that would permit the sharing of information of foreign
traffickers in controlled substances.
§ 505. Automated Visa Lookout System
(a) INCLUSION OF NAMES.—(1) Except as provided in paragraph (2) of
this subsection, the Secretary of State may not include in the Automated
Visa Lookout System, or in any other system or list that maintains informa-
tion about the inadmissibility of aliens under this title, the name of an alien
who is not inadmissible under this title.
(2) The Secretary may add to or retain in such a system or list the name
of an alien who is not inadmissible only if included for otherwise authorized
law enforcement purposes or other lawful purposes of the Department of
State. A name included for other lawful purposes under this paragraph shall
include a notation clearly and distinctly indicating that the individual is not
presently inadmissible. The Secretary shall establish procedures to ensure
that a visa is not denied to the individual for any reason not provided in
this title.
(3) The Secretary shall publish in the Federal Register regulations on the
maintenance and use by the Department of systems and lists for purposes
described in paragraph (2) of this subsection.
(4) This subsection does not create new authority or expand existing au-
thority for any activity not otherwise authorized by law.
(b) REQUIRED CHECK BEFORE ISSUING VISAS.—(1) Beginning May 1,
1996, when a consular officer issues a visa, the officer shall certify, in writ-
ing, that a check of the Automated Visa Lookout System, or any other sys-
tem or list that maintains information about the inadmissibility of aliens
under this title, has been made and that there is no basis under the system
for excluding the alien.
(2) If, at the time an alien applies for a visa, the alien’s name is included
in the Department’s visa lookout system and the consular officer to whom
the application is made fails to follow the procedures in processing the ap-
plication required by inclusion of the alien’s name in the system, the offi-
cer’s failure shall be made a matter of record and shall be considered as
a serious negative factor in the officer’s annual performance evaluation.
(3) If an alien to whom a visa was issued as a result of a failure de-
scribed in paragraph (2) of this subsection is admitted to the United States
and there subsequently is probable cause to believe that the alien was a par-
ticipant in a terrorist act causing serious injury, loss of life, or significant
destruction of property in the United States, the Secretary shall convene an
Accountability Review Board under title III of the Omnibus Diplomatic Se-
curity and Antiterrorism Act of 1986 (22 U.S.C. 4831 et seq.).
(c) UPGRADE TO SYSTEM.—Not later than October 30, 1995, the Sec-
retary shall upgrade all overseas visa lookout operations to computerized
systems with automated multiple-name search capabilities.
§ 506. Surcharge for processing machine readable visas
(a) GENERAL AUTHORITY.—Notwithstanding any other law, the Sec-
retary of State may charge a fee or surcharge for processing machine read-
able nonimmigrant visas and machine readable combined border crossing
identification cards and nonimmigrant visas.
(b) DEPOSIT OF AMOUNTS COLLECTED.—Fees and surcharges collected
under subsection (a) of this section shall be deposited as an offsetting collec-
tion to any Department of State appropriation, to recover the costs of pro-
viding consular services. The amounts collected remain available for obliga-
tion until expended.
(c) LIMITATION.—For the fiscal year ending September 30, 1997, fees
and surcharges deposited under subsection (b) of this section may not ex-
ceed a total of $150,000,000. For subsequent fiscal years, fees and sur-
charges may be collected under subsection (a) of this section only in
amounts provided in subsequent authorization laws.
(d) NONAPPLICABILITY OF CERTAIN LAW.—Sections 1726–1728 of the
Revised Statutes (22 U.S.C. 4212–4214) do not apply to fees and sur-
charges collected under this section.
(e) SIGNATORIES OF NORTH AMERICAN FREE TRADE AGREEMENT.—The
Secretary may not charge a fee or surcharge under this section to a citizen
of a country that is a signatory, as of April 30, 1994, to the North Amer-
ican Free Trade Agreement, unless the Secretary finds that the country
charges a visa application or issuance fee to citizens of the United States.
§ 507. Confidentiality of records
A record of the Department of State or of a diplomatic or consular office
related to issuing or refusing to issue a visa or permit to enter the United
States is confidential. The record may be used only in developing, amending,
or carrying out a law of the United States. However, the Secretary of State
may provide a certified copy of the record to a court if the court certifies
that it needs the record in the interest of justice in a case pending before
the court.
CHAPTER 7—PASSPORTS AND TRAVEL REQUIREMENTS
SUBCHAPTER I—PASSPORTS
Sec.
701.
Individuals eligible for passports.
702.
Issuing and verifying passports.
703.
Validity and use.
704.
Passport fees.
705.
Limitation on acquiring paper for passports.
SUBCHAPTER II—TRAVEL REQUIREMENTS
711.
Travel document requirements.
712.
Certain rights to enter or leave unaffected.
713.
Records about residents permanently leaving the United States.
714.
Travel restrictions on citizens of foreign countries.
SUBCHAPTER I—PASSPORTS
§ 701. Individuals eligible for passports
(a) NATIONALS OF THE UNITED STATES.—A passport may be issued
only to, or verified only for, a national of the United States.
(b) APPLICATIONS.—An individual may be issued a passport only if the
individual submits a signed application containing all information required
by law and regulations. If the individual previously has not been issued a
United States passport, the application must be executed under oath before
an individual authorized by the Secretary of State to administer oaths.
§ 702. Issuing and verifying passports
(a) INDIVIDUALS AUTHORIZED TO ISSUE AND VERIFY.—Under regula-
tions prescribed by the President, the Secretary of State may—
(1) issue and verify passports; and
(2) authorize only the following to issue and verify passports:
(A) the chief executive officer of a territory or possession of the
United States.
(B) in a foreign country, diplomatic and consular officers of the
United States and other officers and employees of the Department
of State who are citizens of the United States.
(b) REPORTS.—As required by the Secretary, an individual issuing or
verifying a passport shall report to the Secretary—
(1) the issuing or verifying of the passport; and
(2) the information contained in the passport.
§ 703. Validity and use
(a) PERIOD OF VALIDITY.—A passport is valid for 10 years from the date
it is issued. However, the Secretary of State may limit the validity of a
passport to a shorter period in an individual case or on a general basis by
regulation.
(b) RESTRICTIONS ON TRAVEL OR USE.—(1) Except as provided in para-
graph (2) of this subsection or any other law, a passport may not be des-
ignated as restricted for travel to, or use in, any country.
(2) A passport may be designated as restricted for travel to, or use in,
a country—
(A) with which the United States is at war;
(B) in which armed hostilities are in progress; or
(C) in which there is imminent danger to the public health or phys-
ical safety of United States travelers.
§ 704. Passport fees
(a) ESTABLISHING FEES.—The Secretary of State shall prescribe by reg-
ulation the fee for a passport and the fee for executing a passport applica-
tion. However, the following individuals are exempt from paying the pass-
port fee and, when executing the application before an officer or employee
of the Federal Government, from paying the execution fee:
(1) An officer or employee of the Government going outside the
United States on official business, and a member of the immediate
family of the officer or employee.
(2) A sailor needing a passport for service on a vessel of the United
States.
(3) A widow, child, parent, brother, or sister of a deceased member
of the armed forces of the United States going outside the United
States to visit the member’s grave.
(b) COLLECTION AND RETENTION OF APPLICATION FEES.—The Sec-
retary by regulation may authorize an official of a State or the United
States Postal Service to collect and retain the fee for each passport applica-
tion executed before the official or the Service.
(c) DEPOSITS IN THE TREASURY.—(1) Except for fees retained or trans-
ferred under subsection (b) of this section, fees collected under this section
shall be deposited in the Treasury.
(2) Notwithstanding any other law and to the extent provided in an ap-
propriation law, not more than $5,000,000 in passport fees collected by the
Secretary may be credited each fiscal year to a Department of State ac-
count. Amounts credited to the account are available only for costs associ-
ated with acquiring and producing machine-readable United States pass-
ports and visas and compatible reading equipment. Amounts credited under
this paragraph remain available until expended.
(3) Fees collected for expedited passport processing shall be deposited in
the Administration of Foreign Affairs Account as offsetting receipts and are
available until expended.
(d) REFUNDS.—(1) The Secretary may refund a passport fee—
(A) paid by an individual exempt from payment under subsection (a)
of this section; or
(B) paid to an officer or employee of the Government by an individ-
ual issued a passport who is refused a visa in the United States by
the appropriate officer of a government of a foreign country if the indi-
vidual within 6 months from the date the passport is issued makes a
written request and returns the unused passport.
(2) Amounts are appropriated to the Secretary to make refunds under
paragraph (1)(B) of this subsection.
§ 705. Limitation on acquiring paper for passports
Amounts may not be used to acquire paper for passports if—
(1) the paper is manufactured outside the United States and the ter-
ritories and possessions of the United States or would be acquired from
an entity owned or controlled by a person that is not a citizen of the
United States; and
(2) a domestic manufacturer for paper for passports exists.
SUBCHAPTER II—TRAVEL REQUIREMENTS
§ 711. Travel document requirements
(a) DEFINITIONS.—In this section—
(1) ‘‘permit’’ means a passport, visa, reentry permit, or other docu-
ment used to enter or leave the United States.
(2) ‘‘person’’, in addition to its meaning under section 1 of title 1,
includes a governmental entity.
(3) ‘‘United States’’ includes all territory and waters subject to the
jurisdiction of the United States.
(b) ENTERING OR LEAVING THE UNITED STATES.—(1) Subject to condi-
tions and exceptions prescribed by the President, a citizen of the United
States may enter or leave, or attempt to enter or leave, the United States
only if the citizen is in possession of a valid United States passport.
(2) An alien may enter or leave, or attempt to enter or leave, the United
States only under regulations prescribed or orders issued by the President.
(c) OTHER RESTRICTIONS.—Unless otherwise ordered by the President,
a person may not—
(1) transport or attempt to transport an individual into or out of the
United States if the person has reason to believe that the entry or de-
parture is prohibited by this section;
(2) knowingly make a false statement in an application for a permit
with the intent to have the permit issued for any individual;
(3) knowingly give, attempt to give, or assist in giving an individual
a permit not intended for the individual;
(4) knowingly use or attempt to use a permit not issued or intended
for that person;
(5) forge, change, or mutilate a permit, or have a permit forged,
changed, or mutilated; or
(6) knowingly use, attempt to use, or give to another for use, a per-
mit that is forged, changed, mutilated, or invalid.
(d) ALIENS OTHERWISE INADMISSIBLE.—This title does not entitle an
alien to be admitted to the United States if the alien is issued a permit
but otherwise is inadmissible.
(e) REVOCATION OF REGULATION OR ORDER.—Revocation of a regula-
tion prescribed or order issued under this section does not prevent prosecu-
tion, or imposition of penalties, for violation of the regulation or order be-
fore it was revoked.
§ 712. Certain rights to enter or leave unaffected
This title does not affect the rights of the following individuals to enter
or leave the United States:
(1) an American Indian born in Canada who is at least 50 percent
of American Indian descent.
(2) an alien member of the armed forces of the United States enter-
ing or leaving the United States under orders or with permission when
the member is in uniform or carrying identification as a member of the
armed forces.
§ 713. Records about residents permanently leaving the
United States
The Attorney General may authorize an immigration officer to record the
following information about a resident of the United States leaving the
United States through Canada or Mexico for permanent residence in a for-
eign country:
(1) Name.
(2) Race, age, and sex.
(3) Country of birth.
(4) Marital status.
(5) Occupation.
(6) Whether the resident can read or write.
(7) Nationality.
(8) Country of which the resident is a citizen or subject.
(9) Last permanent residence in the United States.
(10) Intended future permanent residence.
(11) Time and port of last entry into the United States.
(12) If the resident claims to be a national of the United States,
facts on which the claim is based.
§ 714. Travel restrictions on citizens of foreign countries
(a) GENERAL POLICY.—(1) To carry out the general principles of the
Final Act of the Conference on Security and Cooperation in Europe empha-
sizing the lowering of international barriers to the free movement of people
and ideas and in accordance with the Vienna Convention on Diplomatic Re-
lations establishing the legal principles of nondiscrimination and reciprocity,
it is the general policy of the United States to impose restrictions on travel
within the United States by citizens of a foreign country only when the gov-
ernment of that foreign country imposes restrictions on travel by citizens
of the United States within that country.
(2) This subsection does not limit a restriction on travel within the Unit-
ed States that the Federal Government, on a reciprocal basis, imposes on
an official of a government of a foreign country.
(b) CONVEYANCE OF POLICY AND ELIMINATION OF RESTRICTIONS.—The
Secretary of State shall—
(1) ensure that the policy of subsection (a) of this section is conveyed
clearly to the government of a foreign country imposing travel restric-
tions on citizens of the United States; and
(2) seek the elimination, on a mutual and reciprocal basis, of travel
restrictions imposed by that government and by the Federal Govern-
ment on each other’s citizens.
CHAPTER 9—GENERAL MISCELLANEOUS
Sec.
901.
Liaison with internal security officers.
902.
Disposition of receipts.
903.
Setting immigration adjudication and naturalization fees.
904.
Information on female genital mutilation.
905.
Certain treaties unaffected.
906.
Rules of construction related to organizations.
907.
Construction of certain amendments.
908.
Information related to certain social security account numbers.
909.
Triennial immigration-impact report.
§ 901. Liaison with internal security officers
To exchange information for use in enforcing this title in the interest of
the internal security of the United States, the Commissioner of Immigration
and Naturalization and the Administrator designated under section 502 of
this title may maintain direct and continuous liaison with the Directors of
the Federal Bureau of Investigation and Central Intelligence and with other
internal security officers of the Federal Government.
§ 902. Disposition of receipts
Except as otherwise provided in this title, an amount received in payment
of a fee or administrative penalty shall be deposited in the Treasury as mis-
cellaneous receipts. However, a fee received from an applicant residing in
the Virgin Islands or Guam and paid under section 2126 of this title shall
be paid to the treasury of the Virgin Islands or the treasury of Guam, re-
spectively.
§ 903. Setting immigration adjudication and naturalization
fees
Fees for providing immigration adjudication and naturalization services
may be set at a level that will ensure recovery of—
(1) the costs of providing those services;
(2) the costs of providing similar services without charge to asylum
applicants or other immigrants; and
(3) any additional costs associated with the administration of the
fees collected.
§ 904. Information on female genital mutilation
(a) DEFINITION.—In this section, ‘‘female genital mutilation’’ means the
removal or infibulation, or both, of the whole or part of the clitoris, the labia
minora, or the labia majora.
(b) INFORMATION PROVIDED.—In cooperation with the Secretary of
State, the Commissioner of Immigration and Naturalization shall make
available to each alien who is issued an immigrant or nonimmigrant visa,
before or at the time of entry into the United States, the following informa-
tion:
(1) information on the severe harm to physical and psychological
health caused by female genital mutilation, compiled and presented in
a manner which is limited to the practice itself and respectful to the
cultural values of the societies in which the practice takes place.
(2) information about potential legal consequences in the United
States under criminal or child protection laws or as a form of child
abuse for—
(A) performing female genital mutilation; or
(B) allowing a child under his or her care to be subjected to
female genital mutilation.
(c) LIMITATION.—In consultation with the Secretary, the Commissioner
shall identify those countries in which female genital mutilation is commonly
practiced and, to the extent practicable, limit the provision of information
under subsection (b) of this section to aliens from those countries.
§ 905. Certain treaties unaffected
Except as provided in section 20702(c) of this title, this title does not
affect a treaty ratified by the Senate before December 25, 1952.
§ 906. Rules of construction related to organizations
(a) ACTS CONSTITUTING AFFILIATION.—In this title, the giving, lending,
or promising of support, money, or any other thing of value for any purpose
to an organization is presumed to constitute affiliation with the organiza-
tion.
(b) ORGANIZATIONS ADVOCATING OVERTHROW OF FEDERAL GOVERN-
MENT.—This title may not be construed as declaring that any organization
referred to in this title does not advocate the overthrow of the Federal Gov-
ernment by unconstitutional means.
§ 907. Construction of certain amendments
The amendments made by the Immigration and Nationality Technical
Corrections Act of 1994 (Public Law 103–416, 108 Stat. 4305) do not cre-
ate any substantive or procedural right or benefit that is legally enforceable
by any party against the Federal Government or a department, agency, in-
strumentality, or officer of the Government or any other person.
§ 908. Information related to certain social security account
numbers
(a) REPORTS.—Not later than 3 months after the end of each fiscal year,
the Commissioner of Social Security shall report to the Committees on the
Judiciary of the House of Representatives and the Senate on the aggregate
quantity of social security account numbers issued to aliens not authorized
to be employed for which earnings in that fiscal year were reported to the
Social Security Administration.
(b) INFORMATION PROVIDED TO ATTORNEY GENERAL.—If earnings are
reported to the Administration on a social security account number issued
to an alien not authorized to work in the United States, the Commissioner
shall provide the Attorney General with the following information in an elec-
tronic form agreed on by the Commissioner and the Attorney General:
(1) The name and address of the alien.
(2) The name and address of the person reporting the earnings.
(3) The amount of the earnings.
§ 909. Triennial immigration-impact report
(a) REPORTING REQUIREMENT.—The President shall submit a com-
prehensive immigration-impact report to Congress not later than January
1, 1998, and not later than January 1 of each 3d year thereafter.
(b) CONTENT.—Each report shall include—
(1) the number and classification of aliens admitted and to be admit-
ted (whether as immediate relatives, special immigrants, refugees, pref-
erence immigrants, or nonimmigrants), paroled and to be paroled, and
granted and to be granted asylum during the periods specified in sub-
section (c) of this section;
(2) a reasonable estimate of the number of aliens who entered and
will enter the United States during those periods without visas or who
became or will become deportable during those periods under chapter
65 of this title; and
(3) a description of the impact of—
(A) admissions and other entries of immigrants, refugees,
asylees, and parolees into the United States during those periods
on the economy, labor and housing markets, educational system,
social services, foreign policy, environmental quality and resources,
and rate, size, and distribution of population growth in the United
States; and
(B) high rates of immigration resettlement on state and local
governments.
(c) HISTORY AND PROJECTIONS.—In each report, the information re-
ferred to in subsection (b) of this section shall be—
(1) described for the prior 3-year period; and
(2) projected for the next 5-year period, based on reasonable esti-
mates substantiated by the best available evidence.
(d) RECOMMENDATIONS.—The President also may include recommenda-
tions on changes in numerical limitations or other policies under subtitles
II and III of this title affecting the admission and entry of aliens into the
United States.
SUBTITLE II—ALIENS
PART A—NONIMMIGRANTS
CHAPTER
Sec.
21.
ADMISSION AND DOCUMENTATION .......................................................
2101
23.
CLASSIFICATIONS .......................................................................................
2301
25.
TEMPORARY AGRICULTURAL WORKERS ..............................................
2501
27.
ALIEN CREWMEMBERS ..............................................................................
2701
29.
FACILITIES EMPLOYING REGISTERED NURSES ................................
2901
PART B—IMMIGRANTS
41.
NUMERICAL LIMITATIONS .......................................................................
4101
43.
PETITIONS AND DOCUMENTATION .......................................................
4301
45.
CONDITIONAL PERMANENT RESIDENT STATUS ...............................
4501
47.
ALIENS BORN IN VIETNAM AND FATHERED BY CITIZENS OF
THE UNITED STATES.
4701
49.
MISCELLANEOUS .........................................................................................
4901
PART C—REFUGEES
51.
ADMISSIONS ..................................................................................................
5101
PART D—ADMISSION AND REMOVAL
61.
INSPECTION AND ADMISSION .................................................................
6101
63.
INADMISSIBILITY ........................................................................................
6301
65.
DEPORTABILITY ..........................................................................................
6501
67.
REMOVAL PROCEDURE ..............................................................................
6701
69.
ALIEN TERRORIST REMOVAL PROCEDURES ......................................
6901
71.
TEMPORARY PROTECTED STATUS. ........................................................
7101
73.
ADDITIONAL REGULATION OF PERSONS PROVIDING TRANSPOR-
TATION.
7301
PART E—ADDITIONAL REQUIREMENTS AND LIMITATIONS
81.
REGISTRATION AND FINGERPRINTING ................................................
8101
83.
MISCELLANEOUS .........................................................................................
8301
PART F—ADJUSTMENT AND CHANGE OF STATUS
91.
ADJUSTMENT AND CHANGE OF STATUS .............................................
9101
93.
ADJUSTMENT OF STATUS FOR CERTAIN ALIENS WHO EN-
TERED THE UNITED STATES BEFORE 1982.
9301
PART G—PENALTIES
101.
PENALTIES ....................................................................................................
10101
PART A—NONIMMIGRANTS
CHAPTER 21—ADMISSION AND DOCUMENTATION
SUBCHAPTER I—ADMISSION
Sec.
2101.
Admission.
2102.
Presumption.
2103.
Application of certain provisions to diplomats.
SUBCHAPTER II—DOCUMENTATION
2121.
Documentation requirements.
2122.
Applications for nonimmigrant visas and registration.
2123.
Issuing nonimmigrant visas and other documentation.
2124.
Period of validity and revocation.
2125.
Readmission after overstay of nonimmigrant visa.
2126.
Fees.
2127.
Burden of proof.
2128.
Visa waiver pilot program.
SUBCHAPTER I—ADMISSION
§ 2101. Admission
Except as otherwise provided, an alien may be admitted to the United
States as a nonimmigrant for the time and under conditions the Attorney
General prescribes by regulation. The Attorney General may require the
alien to file a bond, in the amount and containing conditions the Attorney
General prescribes, to ensure that the alien will leave the United States
when—
(1) the time for which the alien is admitted expires; or
(2) the alien does not maintain the nonimmigrant status under which
the alien was admitted or which the alien acquired under section 9108
of this title.
§ 2102. Presumption
An alien (except an alien described in section 2313, 2317, or 2325 of this
title) is presumed to be an immigrant until the alien satisfies the consular
officer, at the time of application for a visa, and the immigration officer,
at the time of application for admission, that the alien is entitled to non-
immigrant status.
§ 2103. Application of certain provisions to diplomats
Except as otherwise provided in this title, the provisions of this title relat-
ed to ineligibility for a visa and removal of an alien do not apply to a non-
immigrant described in—
(1) section 2301(1) of this title, except that the nonimmigrant is
subject—
(A) to the provisions requiring a passport and visa for identi-
fication and proof of qualification for the nonimmigrant classifica-
tion under that section; and
(B) under regulations prescribed by the President, to section
6310(a)–(c) of this title; or
(2) section 2301(2) or 2302(1)–(5) of this title, except that the non-
immigrant is subject to—
(A) the provisions requiring a passport and visa for identifica-
tion and proof of qualification for the nonimmigrant classification
under one of those sections; and
(B) section 6310(a)–(c) of this title.
SUBCHAPTER II—DOCUMENTATION
§ 2121. Documentation requirements
(a) GENERAL.—Except as provided in this section and section 2128 of
this title, an alien classified as a nonimmigrant under subchapter I of chap-
ter 23 of this title may be admitted to the United States only if, when ap-
plying for admission, the nonimmigrant is in possession of—
(1) a passport that—
(A) is valid for at least 6 months after the last day of the
alien’s initial period of admission or contemplated initial period of
admission; and
(B) authorizes the alien during those 6 months to return to the
foreign country from which the alien came or to enter another for-
eign country; and
(2) a nonimmigrant visa or border crossing identification card at the
time of applying for admission.
(b) BORDER CROSSING IDENTIFICATION CARD.—The regulations referred
to in section 107 of this title shall provide that—
(1) each border crossing identification card issued after March 30,
1998, include a biometric identifier, such as the fingerprint or hand-
print of the alien, that is machine readable; and
(2) an alien presenting a border crossing identification card after
September 29, 1999, may not be permitted to cross over the border
into the United States unless the biometric identifier contained on the
card matches the appropriate biometric characteristic of the alien.
(c) GENERAL WAIVERS.—The Attorney General and the Secretary of
State jointly may waive a requirement of subsection (a) of this section—
(1) in an individual case because of an unforeseen emergency;
(2) on a reciprocal basis, for nationals of foreign contiguous territory
or of adjacent islands and for residents of that territory or islands who
have a common nationality with those nationals; or
(3) for an alien proceeding in immediate and continuous transit
through the United States on a carrier operating under a contract au-
thorized by section 7306(b)(1)(B) of this title.
(d) WAIVERS FOR VISITORS TO GUAM.—(1) The Attorney General, the
Secretary of State, and the Secretary of the Interior jointly may waive sub-
section (a) of this section for an alien applying for admission as a non-
immigrant visitor classified under section 2303 of this title, but only for
entry into and stay on Guam for not more than 15 days, if they jointly de-
cide, after consulting with the Governor of Guam, that—
(A) an adequate arrival and departure control system has been devel-
oped on Guam; and
(B) the waiver does not represent a threat to the welfare, safety, or
security of the United States or its territories or possessions.
(2) An alien may be granted a waiver under this subsection only if the
alien waives any right—
(A) to a review or appeal under this title of an immigration officer’s
decision on the admissibility of the alien at the port of entry into
Guam; or
(B) to contest (except on the basis of an application for asylum) an
action for removal of the alien.
(3) An alien admitted to Guam without a visa under this subsection may
not—
(A) stay in Guam for more than 15 days after the date of admission
to Guam; or
(B) enter or stay in the United States under that admission, except
in Guam.
(4) If adequate appropriated amounts to carry out this subsection are not
available, the Attorney General may accept amounts tendered by the govern-
ment of Guam to cover any part of the cost of carrying out this subsection.
§ 2122. Applications for nonimmigrant visas and registra-
tion
(a) APPLICATION REQUIREMENTS.—(1) An alien applying for a non-
immigrant visa must apply in the way prescribed by regulation. The applica-
tion must contain the following information about the alien:
(A) the complete true name of the alien.
(B) the date and place of birth.
(C) nationality.
(D) marital status.
(E) the purpose in going to the United States.
(F) the period of intended stay in the United States.
(G) additional information prescribed by regulation that is nec-
essary—
(i) to identify the alien;
(ii) to determine eligibility of the alien for a nonimmigrant visa;
and
(iii) to enforce the immigration and nationality laws.
(2) At the discretion of the Secretary of State, application forms for the
various classes of nonimmigrant admissions described in subchapter I of
chapter 23 of this title may vary according to the class of visa being re-
quested.
(b) ADDITIONAL REQUIREMENTS.—An alien applying for a nonimmigrant
visa must—
(1) register if required by chapter 81 of this title when applying for
the visa;
(2) take a physical or mental examination, or both, if required by
the consular officer to decide whether the alien may receive a visa; and
(3) provide the consular officer, with the application, a certified copy
of any documentation about the alien that may be required by regula-
tion.
(c) STATEMENT ABOUT NO ENTITLEMENT TO ENTER
THE UNITED
STATES.—An application for a nonimmigrant visa shall inform the applicant
that a visa or other documentation issued to an alien does not entitle the
alien to enter the United States if, on arrival at a port of entry, the alien
is found to be inadmissible.
(d) DISPOSITION OF APPLICATIONS.—An application for a nonimmigrant
visa or other documentation as a nonimmigrant shall be disposed of as pre-
scribed by regulation.
§ 2123. Issuing nonimmigrant visas and other documenta-
tion
(a) GENERAL.—Except as provided in subsection (b) of this section, a
consular officer may issue a nonimmigrant visa to an eligible nonimmigrant
who has made a proper application for the visa.
(b) PROHIBITIONS.—(1) A consular officer may not issue a nonimmigrant
visa or other documentation to an alien if—
(A) the alien’s application does not comply with this title or regula-
tions prescribed under this title; or
(B) the consular officer has reason to believe the alien is ineligible
for the visa or other documentation under subchapter I of chapter 63
of this title or any other provision of law.
(2) Notwithstanding paragraph (1)(B) of this subsection, a consular offi-
cer may issue a nonimmigrant visa or other documentation to—
(A) an alien to whom section 6306(a)–(c) of this title applies if—
(i) the alien otherwise may receive the visa or other documenta-
tion; and
(ii) the consular officer receives notice from the Attorney Gen-
eral that a bond approved by the Attorney General has been filed
under section 6306(d) of this title; or
(B) an alien applying as a nonimmigrant classified under section
2303 or 2310 of this title if the alien otherwise may receive the visa
or other documentation, and the consular officer receives notice from
the Attorney General of the filing of a bond, in the amount and con-
taining conditions the consular officer prescribes, to ensure that the
alien will leave the United States when—
(i) the time for which the alien is admitted expires; or
(ii) the alien does not maintain the nonimmigrant status under
which the alien was admitted or which the alien acquired under
section 9108 of this title.
(c) FORM AND CONTENT OF VISAS.—Except as otherwise prescribed by
regulation, the issuance of a nonimmigrant visa shall be shown by a stamp
placed in the alien’s passport. The visa shall specify—
(1) the alien’s nonimmigrant classification under subchapter I of
chapter 23 of this title;
(2) the period during which the visa is valid; and
(3) additional information that may be required.
§ 2124. Period of validity and revocation
(a) PERIOD OF VALIDITY.—A nonimmigrant visa is valid for the period
prescribed by regulation. In prescribing the period of validity, the Secretary
of State, to the extent practicable, shall treat nationals of a foreign country
the same as the government of that country treats nationals of the United
States within a similar class. However, in the case of an alien who is a na-
tional of a foreign country and who either is granted refugee status and
firmly resettled in another foreign country or is granted permanent resi-
dence and residing in another foreign country, the Secretary may prescribe
the period of validity of a nonimmigrant visa based on the treatment grant-
ed by the government of that other foreign country to alien refugees and
permanent residents, respectively, in the United States.
(b) REVOCATION.—A consular officer or the Secretary may revoke a visa
or other documentation issued to a nonimmigrant. A revocation invalidates
the visa or documentation from the date the visa or documentation was is-
sued. The Attorney General shall be notified of each revocation.
§ 2125. Readmission after overstay of nonimmigrant visa
(a) REQUIREMENT FOR READMISSION.—(1) When an alien who has been
admitted on the basis of a nonimmigrant visa issued at any time remains
in the United States beyond the period of stay authorized by the Attorney
General, that visa is void beginning after the conclusion of that period of
stay.
(2) An alien described in paragraph (1) of this subsection is ineligible to
be readmitted to the United States as a nonimmigrant, except—
(A) on the basis of a visa (other than the visa described in para-
graph (1) of this subsection) issued in a consular office located in the
country of the alien’s nationality or, if there is no office in that coun-
try, in another consular office the Secretary of State specifies; or
(B) where the Secretary finds that extraordinary circumstances exist.
(b) APPLICABILITY.—Subsection (a)(2) of this section applies to any alien
applying for readmission to the United States after September 30, 1996,
except an alien applying for readmission on the basis of a visa that—
(1) was issued before September 30, 1996; and
(2) is not void through the application of subsection (a)(1) of this
section.
§ 2126. Fees
The Secretary of State shall prescribe fees for providing and verifying a
nonimmigrant visa application for, and issuing a nonimmigrant visa to, a
nonimmigrant of each foreign country. If practicable, the total amount of
the fees shall correspond to the total of all visa, entry, residence, or similar
fees the country imposes on nationals of the United States. A nonimmigrant
visa issued to an alien described in section 11 of the Agreement Between
the United Nations and the United States of America Regarding the Head-
quarters of the United Nations (61 Stat. 761) and in transit to or from
the headquarters district of the United Nations shall be issued without
charge.
§ 2127. Burden of proof
(a) ELIGIBILITY FOR VISA OR DOCUMENTATION.—An individual applying
for a nonimmigrant visa or other documentation required for entering the
United States as a nonimmigrant has the burden of proving that the indi-
vidual is eligible for the visa or documentation. A consular officer may issue
the visa or documentation only if satisfied that the individual is eligible for
the visa or documentation.
(b) STATUS.—An alien claiming to be a nonimmigrant has the burden of
proving that the alien is entitled to nonimmigrant status.
§ 2128. Visa waiver pilot program
(a) ESTABLISHMENT OF PROGRAM.—The Attorney General and the Sec-
retary of State may maintain a pilot program for the fiscal years ending
September 30, 1989–1997, under which the Attorney General, in consulta-
tion with the Secretary, may waive section 2121(a)(2) of this title for an
alien eligible for a waiver under subsection (e) of this section.
(b) DESIGNATION OF PILOT PROGRAM COUNTRIES.—(1) The Attorney
General, in consultation with the Secretary, may designate any foreign
country as a pilot program country if the government of that country ex-
tends (or agrees to extend) reciprocal privileges to nationals of the United
States and meets the requirements of paragraph (2) of this subsection. A
designation is only for a fiscal year.
(2) Except as provided in subsection (c) of this section, a country may
be designated as a pilot program country only if—
(A) the average number of refusals of nonimmigrant visitor visas for
nationals of that country during the prior 2 fiscal years was less than
2 percent of the number of nonimmigrant visitor visas for nationals of
that country that were issued or refused during those years;
(B) the average number of refusals of nonimmigrant visitor visas for
nationals of that country during either of those 2 years was less than
2.5 percent of the number of nonimmigrant visitor visas for nationals
of that country that were issued or refused during that year;
(C) the government of that country certifies that it has or is develop-
ing a program to issue machine-readable passports to citizens of that
country; and
(D) the Attorney General decides that the law enforcement interests
of the United States would not be compromised by the designation of
that country.
(c) PROBATIONARY STATUS AND TERMINATION OF DESIGNATION.—(1)
In this subsection, ‘‘disqualification rate’’ means the percentage which—
(A) the total number of nationals of the pilot program country
who—
(i) were denied admission at the time of arrival or withdrew
their application for admission during the most recent fiscal year
for which data is available; and
(ii) admitted as nonimmigrant visitors during that fiscal year
and who violated the terms of that admission; bears to
(B) the total number of nationals of that country who applied for
admission as nonimmigrant visitors during that fiscal year.
(2)(A) On determination by the Attorney General that a pilot program
country’s disqualification rate is 2 percent or more, the Attorney General
shall notify the Secretary.
(B) If the program country’s disqualification rate is—
(i) more than 2 percent but less than 3.5 percent, the Attorney Gen-
eral shall place the program country in probationary status for a period
of not more than 2 full fiscal years following the year in which the At-
torney General makes the determination under subparagraph (A) of
this paragraph; or
(ii) at least 3.5 percent and the total number of nationals of the pro-
gram country described in paragraph (1)(A) of this subsection is more
than 100, the Attorney General shall terminate the country’s designa-
tion as a pilot program country effective on the first day of the 2d fis-
cal year following the fiscal year in which the Attorney General makes
the determination under subparagraph (A) of this paragraph.
(3)(A) If the Attorney General determines at the end of the probationary
period described in paragraph (2)(B)(i) of this subsection that the program
country placed in probationary status under that paragraph has failed to
develop a machine-readable passport program as required by subsection
(b)(2)(C) of this section, or has a disqualification rate of at least 2 percent,
the Attorney General shall terminate the designation of the country as a
pilot program country. A termination under this paragraph is effective on
the first day of the first fiscal year following the fiscal year in which the
Attorney General makes the determination under paragraph (2)(A) of this
subsection.
(B) A national of a program country whose designation as a pilot pro-
gram country is terminated under this paragraph remains eligible for a
waiver under subsection (a) of this section until the effective date of the
termination.
(4) If the Attorney General determines at the end of the probationary pe-
riod described in paragraph (2)(B)(i) of this subsection that the program
country placed in probationary status under that paragraph has developed
a machine-readable passport program and has a disqualification rate of less
than 2 percent, the Attorney General shall redesignate the country as a pilot
program country.
(5) A country designated as a pilot program country with probationary
status under section 217(g) of the Immigration and Nationality Act, as in
effect on September 29, 1996, shall be considered a pilot program country
on September 30, 1996, subject to placement in probationary status or ter-
mination of that designation under this subsection.
(d) CONTINUATION OF PILOT PROGRAM COUNTRY STATUS.—A country
that was a pilot program country in the prior fiscal year may be designated
as a pilot program country in a subsequent fiscal year of the program only
if the total number of nationals referred to in clauses (1) and (2) of this
subsection is less than 2 percent of the number of nationals of that country
who applied for admission as nonimmigrant visitors during that prior fiscal
year:
(1) the number of nationals of that country who were denied admis-
sion at the time of arrival or who withdrew their application for admis-
sion during that prior fiscal year as nonimmigrant visitors.
(2) the number of nationals of that country who were admitted as
nonimmigrant visitors during that prior fiscal year and who violated a
condition of that admission.
(e) ELIGIBLE ALIENS.—An alien is eligible for a waiver under the pro-
gram if the alien—
(1) is applying to be admitted not later than September 30, 1997,
as a nonimmigrant visitor under section 2303 of this title for not more
than 90 days;
(2) is a national of, and presents a passport issued by, a foreign
country designated as a pilot program country under subsection (b) of
this section;
(3) before admission, completes an immigration form prescribed by
the Attorney General;
(4) before being provided a waiver under the program, waives any
right—
(A) to a review or appeal under this title of an immigration offi-
cer’s decision on the admissibility of the alien at the port of entry
into the United States; or
(B) to contest (except on the basis of an application for asylum)
an action for removal of the alien;
(5) when arriving by air or sea, arrives at the port of entry into the
United States on a carrier that has an agreement with the Attorney
General to guarantee transportation of the alien out of the United
States if the alien is found inadmissible or deportable by an immigra-
tion officer;
(6) is in possession of a round-trip transportation ticket unless the
Attorney General by regulation waives this requirement;
(7) is not a threat to the welfare, health, safety, or security of the
United States; and
(8) complied with the conditions of any previous admission without
a visa under the program.
(f) ADMISSION UNDER VISA WAIVER PILOT PROGRAM.—An alien admit-
ted to the United States under this section without a visa may not stay in
the United States as a nonimmigrant visitor for more than 90 days after
the date of admission to the United States.
(g) CARRIER AGREEMENTS.—(1) A carrier and the Attorney General may
make an agreement referred to in subsection (e)(5) of this section under
which the carrier agrees, in consideration of the waiver of the visa require-
ment for a nonimmigrant visitor under the program—
(A) to indemnify the Federal Government against costs of transport-
ing that visitor from the United States if the visitor is refused admis-
sion or remains in the United States unlawfully after the end of the
period of admission referred to in subsection (e)(1) of this section;
(B) to submit each day to immigration officers any immigration
forms received about nonimmigrant visitors given a waiver under the
program; and
(C) to be liable, under regulations the Attorney General prescribes,
for transporting a national of a pilot program country into the United
States without a passport.
(2) If a carrier does not comply with an agreement made under para-
graph (1) of this subsection, the Attorney General may end the agreement
on 5 days’ notice to the carrier.
(h) DENIAL OF WAIVERS.—Notwithstanding subsections (a)–(e) and (g)
of this section, the Attorney General, in consultation with the Secretary,
may—
(1) for any reason refuse to designate a foreign country that other-
wise may qualify for designation under this section; or
(2) rescind at any time a waiver or designation previously issued
under this section.
CHAPTER 23—CLASSIFICATIONS
SUBCHAPTER I—GENERAL
Sec.
2301.
Officials of governments of foreign countries.
2302.
Representatives to international organizations.
2303.
Visitors for business and pleasure.
2304.
Aliens in immediate and continuous transit.
2305.
Crewmembers.
2306.
Aliens entitled to enter for trade or investment.
2307.
Aliens entitled to enter for business activities at a professional level under certain trade
agreements.
2308.
Media representatives.
2309.
Aliens engaged to marry citizens.
2310.
Students in academic institutions and language training programs.
2311.
Students in nonacademic institutions.
2312.
Participants in programs designated by the Director of the United States Information
Agency.
2313.
Aliens employed temporarily in specialty occupations or as fashion models.
2314.
Temporary and seasonal agricultural employees.
2315.
Aliens performing labor or services for which United States workers are unavailable.
2316.
Aliens receiving training.
2317.
Intra-company transferees.
2318.
Aliens with extraordinary ability or with distinction in the arts, motion pictures, or tel-
evision.
2319.
Athletes and entertainers.
2320.
Participants in international exchange programs.
2321.
Aliens in religious occupations.
2322.
Participants in cooperative research, development, and coproduction projects.
2323.
Participants in special education programs.
2324.
Relatives of special immigrants.
2325.
Registered nurses.
2326.
Aliens with information about criminal or terrorist organizations.
SUBCHAPTER II—SPECIAL REQUIREMENTS
2351.
Employer applications for aliens employed temporarily in specialty occupations or as
fashion models.
2352.
Advisory opinions for aliens with extraordinary ability or with distinction in the arts,
motion pictures, or television.
2353.
Advisory opinions for athletes and entertainers.
SUBCHAPTER III—MISCELLANEOUS
2371.
Information on foreign students and other exchange program participants.
2372.
Transportation costs payable by employers of certain nonimmigrants.
SUBCHAPTER I—GENERAL
§ 2301. Officials of governments of foreign countries
An alien is classifiable as a nonimmigrant under this section if the alien
is—
(1)(A) an ambassador, public minister, or career diplomatic or con-
sular officer accredited by a government of a foreign country recog-
nized de jure by the Federal Government who is accepted by the Presi-
dent or the Secretary of State; or
(B) a member of the immediate family of the ambassador, minister,
or officer;
(2) on a reciprocal basis—
(A) another official or employee accredited by a government of
a foreign country recognized de jure by the Federal Government
who is accepted by the Secretary; or
(B) a member of the immediate family of the official or em-
ployee; or
(3) on a reciprocal basis—
(A) an attendant, servant, or personal employee of an alien de-
scribed in clause (1)(A) or (2)(A) of this section; or
(B) a member of the immediate family of the attendant, serv-
ant, or personal employee.
§ 2302. Representatives to international organizations
An alien is classifiable as a nonimmigrant under this section if the alien
is—
(1)(A) a designated principal resident representative of a government
of a foreign country to an international organization if the government
is recognized de jure by the Federal Government and is a member of
the international organization; or
(B) a member of the immediate family of the representative;
(2)(A) an accredited resident member of the staff of a representative
described in clause (1)(A) of this section; or
(B) a member of the immediate family of the member;
(3)(A) an accredited representative (except a representative described
in clause (1)(A) of this section) of a government of a foreign country
to an international organization if the government is recognized de jure
by the Federal Government and is a member of the international orga-
nization; or
(B) a member of the immediate family of the representative;
(4)(A) an alien described in clause (1)(A), (2)(A), or (3)(A) of this
section, except that the government of the foreign country is not recog-
nized de jure by the Federal Government or is not a member of an
international organization; or
(B) a member of the immediate family of the alien;
(5)(A) an officer or employee of an international organization; or
(B) a member of the immediate family of the officer or employee;
or
(6)(A) an attendant, servant, or personal employee of an alien de-
scribed in clause (1)(A), (2)(A), (3)(A), (4)(A), or (5)(A) of this sec-
tion; or
(B) a member of the immediate family of the attendant, servant, or
personal employee.
§ 2303. Visitors for business and pleasure
An alien is classifiable as a nonimmigrant under this section if the
alien—
(1) has a residence in a foreign country that the alien has no inten-
tion of abandoning; and
(2) is visiting the United States temporarily for business or pleasure
(except to study, to perform skilled or unskilled labor, or to work as
a representative of foreign information media).
§ 2304. Aliens in immediate and continuous transit
An alien is classifiable as a nonimmigrant under this section if the alien
is—
(1) in immediate and continuous transit through the United States;
or
(2) entitled to pass in transit between a foreign country and the
headquarters district of the United Nations under section 11(3), (4),
or (5) of the Agreement Between the United Nations and the United
States of America Regarding the Headquarters of the United Nations
(61 Stat. 761).
§ 2305. Crewmembers
(a) GENERAL.—(1) Except as provided in subsection (c) of this section,
an alien is classifiable as a nonimmigrant under this section if the alien—
(A) is a crewmember serving as a crewmember in a capacity required
for normal operation and service on a vessel (except a fishing vessel
having its home port or an operating base in the United States) or on
an aircraft; and
(B) intends to land temporarily and only as a crewmember and to
depart on a vessel or aircraft.
(2) Serving in a capacity required for normal operation and service on
a vessel under paragraph (1)(A) of this subsection includes performing
longshore work (as defined in section 2721(a) of this title) only to the ex-
tent provided in section 2723, 2724, or 2725 of this title.
(b) CREWMEMBERS OF FISHING VESSELS LANDING IN GUAM.—(1) Ex-
cept as provided in subsection (c) of this section, an alien is classifiable as
a nonimmigrant under this section if the alien—
(A) is a crewmember serving as a crewmember in any capacity re-
quired for normal operation and service on a fishing vessel having its
home port or an operating base in the United States; and
(B) intends to land in Guam temporarily and only as a crewmember
and to depart on the vessel on which the alien arrived.
(2) An alien is deemed to have departed from Guam under paragraph
(1)(B) of this subsection after leaving the territorial waters of Guam with-
out regard to whether the alien arrives in a foreign country before returning
to Guam.
(c) CREWMEMBERS EMPLOYED IN LABOR DISPUTES.—(1) An alien who
intends to land to perform service on a vessel of the United States (as de-
fined in section 2101 of title 46) or on an aircraft of an air carrier (as de-
fined in section 40102(a) of title 49) during a labor dispute in which there
is a strike or lockout of the bargaining unit of the employer in which the
alien intends to perform that service—
(A) is not entitled to the status of a nonimmigrant classified under
this section;
(B) may not be paroled into the United States under section 6121
of this title, unless the Attorney General decides that the parole of the
alien is necessary to protect the security of the United States; and
(C) is not a crewmember for purposes of section 2703(d) of this title.
(2) Paragraph (1) of this subsection does not apply to an alien if the air
carrier or owner or operator of the vessel employing the alien provides docu-
mentation that satisfies the Attorney General that the alien—
(A) has been employed by that employer for at least a one-year pe-
riod before the date that the strike or legal lockout began;
(B) has served as a qualified crewmember for that employer at least
once in each of 3 months during the 12-month period before that date;
and
(C) will continue to perform the same services that the alien provided
during the alien’s employment described in clause (B) of this para-
graph.
§ 2306. Aliens entitled to enter for trade or investment
(a) DEFINITION.—In this section, ‘‘citizen of Mexico’’ has the same
meaning given that term in Annex 1608 of the North American Free Trade
Agreement.
(b) ELIGIBILITY UNDER TREATY.—An alien is classifiable as a non-
immigrant under this section if the alien—
(1) is entitled to enter the United States under a treaty of commerce
and navigation between the United States and the foreign country of
which the alien is a national only—
(A) to carry on an amount of trade (including trade in services
or technology) principally between the United States and the coun-
try of which the alien is a national that is substantial, as estab-
lished by the Secretary of State after consulting with the heads
of appropriate federal departments, agencies, and instrumental-
ities; or
(B) to develop and direct the operations of an enterprise in
which the alien has invested or is actively in the process of invest-
ing an amount of capital that is substantial, as established by the
Secretary after consulting with the heads of appropriate federal
departments, agencies, and instrumentalities; or
(2) is the spouse or child of an alien described in clause (1) of this
subsection if accompanying or following to join the alien.
(c) ELIGIBILITY UNDER LEGISLATION.—An alien is classifiable as a non-
immigrant under this section if the alien—
(1) is a national of the Philippines who is coming to the United
States, on a reciprocal basis under an agreement implemented under
the Act of June 18, 1954 (ch. 323, 68 Stat. 264), only to engage in
activities described in subsection (b)(1)(A) or (B) of this section;
(2) is a national of Australia or Sweden who is coming to the United
States on a reciprocal basis only to engage in activities described in
subsection (b)(1)(A) or (B) of this section;
(3)(A) is a citizen of Canada; and
(B) is coming to the United States on a reciprocal basis under the
United States-Canada Free-Trade Agreement only for a purpose speci-
fied by Annex 1502.1 (United States of America), Part B—Traders
and Investors, of the United States-Canada Free-Trade Agreement, but
only if the purpose was specified by that Annex on January 1, 1989;
(4) subject to subsection (d) of this section—
(A) is a citizen of Canada or a citizen of Mexico; and
(B) is coming to the United States on a reciprocal basis under
the North American Free Trade Agreement only for a purpose
specified by section B of Annex 1603 of the Agreement, but only
if the purpose was specified by Annex 1603 on January 1, 1994;
or
(5) is the spouse or child of an alien described in clause (1), (2),
(3), or (4) of this subsection if accompanying or following to join the
alien.
(d) LABOR DISPUTES.—An alien described in subsection (c)(4) of this
section is not entitled to be classified as a nonimmigrant under subsection
(c)(4) if there is a strike or lockout in progress during a labor dispute in
the occupational classification at the alien’s place or intended place of em-
ployment, unless the alien establishes under regulations prescribed by the
Attorney General that the alien’s entry will not adversely affect the settle-
ment of the strike or lockout or the employment of any individual who is
involved in the strike or lockout. Notice of a decision by the Attorney Gen-
eral under this subsection shall be given in the way required by paragraph
3 of Article 1603 of the North American Free Trade Agreement.
§ 2307. Aliens entitled to enter for business activities at a
professional level under certain trade agreements
(a) DEFINITION.—In this section, ‘‘citizen of Mexico’’ has the same
meaning given that term in Annex 1608 of the North American Free Trade
Agreement.
(b) GENERAL.—An alien is classifiable as a nonimmigrant under this sec-
tion if the alien—
(1)(A) is a citizen of Canada;
(B) is coming to the United States under Annex 1502.1 (United
States of America), Part C—Professionals, of the United States-Can-
ada Free-Trade Agreement to engage in business activities at a profes-
sional level as provided in that Annex; and
(C) may be admitted to the United States to engage in those activi-
ties under regulations prescribed by the Attorney General after consult-
ing with the Secretaries of State and Labor; or
(2)(A) subject to subsections (c)–(e) of this section—
(i) is a citizen of Canada or a citizen of Mexico;
(ii) is coming to the United States under section D of Annex
1603 of the North American Free Trade Agreement to engage in
business activities at a professional level as provided in Annex
1603; and
(iii) may be admitted to the United States to engage in those
activities under regulations prescribed by the Attorney General
after consulting with the Secretaries of State and Labor; or
(B) is the spouse or child of an alien described in subclause (A) of
this clause if accompanying or following to join the alien.
(c) NUMERICAL LIMITATIONS ON CITIZENS OF MEXICO.—(1) The Attor-
ney General shall establish an annual numerical limitation on the admission
of citizens of Mexico classified under subsection (b)(2) of this section, as
provided in Appendix 1603.D.4 of Annex 1603 of the North American Free
Trade Agreement. Subject to paragraph (2) of this subsection, the limita-
tion—
(A) may be increased after December 31, 1994, under paragraph
5(a) of section D of Annex 1603 of the Agreement; and
(B) shall cease to apply as provided in paragraph 3 of Appendix
1603.D.4.
(2) The limitation referred to in paragraph (1) of this subsection may be
increased or shall cease to apply (other than under paragraph 3 of Appendix
1603.D.4) only if—
(A) the President has obtained advice about the proposed action
from the appropriate advisory committees established under section
135 of the Trade Act of 1974 (19 U.S.C. 2155);
(B) the President has submitted a report to the Committees on the
Judiciary of the Senate and the House of Representatives that states
the action proposed to be taken, the reasons for the proposed action,
and the advice obtained under clause (A) of this paragraph;
(C) at least 60 days have passed after the President meets the re-
quirements of clauses (A) and (B) of this paragraph; and
(D) the President consults with those committees during that 60-day
period about the proposed action.
(d) ADDITIONAL REQUIREMENTS FOR CITIZENS OF MEXICO.—During
the period that Appendix 1603.D.4 of Annex 1603 of the North American
Free Trade Agreement applies, an alien who is a citizen of Mexico and en-
ters under section D of Annex 1603 must comply—
(1) for a registered nurse, with the attestation requirements of sec-
tion 2902 of this title, to the extent and in the way provided by regula-
tions prescribed by the Secretary of Labor;
(2) for all other professions set out in Appendix 1603.D.1 of Annex
1603, with the application requirements of section 2351 of this title,
to the extent and in the way provided by regulations prescribed by the
Secretary of Labor; and
(3) with the employer petition requirements of this chapter, to the
extent and in the way provided by regulations prescribed by the Attor-
ney General.
(e) LABOR DISPUTES.—An alien who is a citizen of Canada or a citizen
of Mexico and who is coming to the United States under section B, C, or
D of Annex 1603 of the North American Free Trade Agreement is not enti-
tled to be classified as a nonimmigrant under those sections if there is a
strike or lockout in progress during a labor dispute in the occupational clas-
sification at the alien’s place or intended place of employment, unless the
alien establishes under regulations prescribed by the Attorney General that
the alien’s entry will not adversely affect the settlement of the strike or lock-
out or the employment of any individual who is involved in the strike or
lockout. Notice of a decision by the Attorney General under this subsection
shall be given in the way required by paragraph 3 of Article 1603 of the
Agreement.
§ 2308. Media representatives
On a reciprocal basis, an alien is classifiable as a nonimmigrant under
this section if the alien is—
(1) a representative of foreign information media who is coming to
the United States only to work as a representative of foreign informa-
tion media; or
(2) the spouse or child of an alien described in clause (1) of this sec-
tion if accompanying or following to join the alien.
§ 2309. Aliens engaged to marry citizens
(a) GENERAL.—An alien is classifiable as a nonimmigrant under this sec-
tion if the alien is—
(1) engaged to marry a citizen of the United States and is coming
to the United States only to marry the citizen within 90 days after ad-
mission; or
(2) the child of an alien described in clause (1) of this subsection
if accompanying or following to join the alien.
(b) FIANCEE OR FIANCE PETITIONS.—(1) The citizen fiancee or fiance
of an alien described in subsection (a)(1) of this section must file a petition
in the United States with the Attorney General. The petition must be in
the form and contain the information the Attorney General prescribes by
regulation. The Attorney General may approve the petition only if satisfied
that the parties—
(A) previously have met in person during the 2 years before the date
the petition was filed, except that the Attorney General may waive this
requirement;
(B) intend to marry; and
(C) are legally able and willing to marry not later than 90 days after
the alien arrives in the United States.
(2) The consular officer must receive the petition approved by the Attor-
ney General before a visa may be issued to the alien.
§ 2310. Students in academic institutions and language
training programs
(a) GENERAL.—Except as provided in subsection (c) of this section, an
alien is classifiable as a nonimmigrant under this section if the alien—
(1)(A) has a residence in a foreign country that the alien has no in-
tention of abandoning;
(B) is a student qualified to take a full course of study; and
(C) is coming to the United States temporarily and only to take a
full course of study at an established academic institution or in a lan-
guage training program designated by the alien and approved by the
Attorney General under subsection (b) of this section; or
(2) is the spouse or child of an alien described in clause (1) of this
subsection if accompanying or following to join the alien.
(b) APPROVAL
OF INSTITUTIONS
AND PROGRAMS.—(1) The Attorney
General may approve an institution or language training program referred
to in subsection (a) of this section only after—
(A) the Attorney General has consulted with the Secretary of Edu-
cation; and
(B) the institution or the place of study for the program has agreed
to report promptly to the Attorney General the termination of attend-
ance of each nonimmigrant student.
(2) The Attorney General shall withdraw the approval if the institution
or place of study fails to report promptly.
(c) LIMITATIONS.—(1) An alien may not be granted the status of a non-
immigrant classified under subsection (a)(1) of this section in order to pur-
sue a course of study—
(A) at a public elementary school or in a publicly funded adult edu-
cation program; or
(B) at a public secondary school unless—
(i) the aggregate period of that status at a public secondary
school does not exceed 12 months with respect to that alien; and
(ii) the alien demonstrates that the alien has reimbursed the
local educational agency that administers the school for the full,
unsubsidized per capita cost of providing education at the school
for the period of the alien’s attendance.
(2) If an alien who acquires the status of a nonimmigrant classified under
subsection (a)(1) of this section in order to pursue a course of study at a
private elementary or secondary school or in a language training program
that is not publicly funded terminates or abandons that course of study at
that school and undertakes a course of study at a public elementary school,
in a publicly funded adult education program, in a publicly funded adult
education language training program, or at a public secondary school (un-
less the requirements of paragraph (1)(B) of this subsection are met)—
(A) the alien shall be considered to have violated that status; and
(B) the alien’s visa under subsection (a)(1) of this section shall be
void.
(3) This subsection applies to an alien who acquires the status of a non-
immigrant classified under subsection (a)(1) of this section as well as to an
alien whose status as such a nonimmigrant is extended.
(d) WORK AUTHORIZATIONS.—(1) During the 5-year period that began
on October 1, 1991, the Attorney General may grant a work authorization
for an alien admitted as a nonimmigrant classified under subsection (a)(1)
of this section to be employed off-campus if—
(A) the alien has completed one academic year as such a non-
immigrant and is maintaining good academic standing at the edu-
cational institution;
(B) the employer provides the educational institution and the Sec-
retary of Labor with an attestation that the employer—
(i) has recruited for at least 60 days for the position; and
(ii) will pay the alien and other similarly situated workers not
less than the actual wage level for the occupation at the place of
employment, or the prevailing wage level for the occupation in the
area of employment, whichever is greater; and
(C) the alien will be employed no more than 20 hours each week dur-
ing the academic term.
(2) An alien described in this subsection may be employed on a full-time
basis during vacation periods and between academic terms.
(3) If the Secretary of Labor determines that an employer has provided
an attestation under this subsection that is materially false or has failed to
pay wages in accordance with the attestation, the employer shall be disquali-
fied from employing an alien under this subsection after the Secretary pro-
vides notice to the employer and an opportunity for a hearing.
(4) Not later than April 1, 1996, the Attorney General and the Secretary
of Labor shall submit to Congress a report on—
(A) whether the program of work authorization under this subsection
should be extended; and
(B) the impact of the program on the prevailing wages of workers.
§ 2311. Students in nonacademic institutions
(a) GENERAL.—An alien is classifiable as a nonimmigrant under this sec-
tion if the alien—
(1)(A) has a residence in a foreign country that the alien has no in-
tention of abandoning; and
(B) is coming to the United States temporarily and only to take a
full course of study (except in a language training program) at a recog-
nized nonacademic institution designated by the alien and approved by
the Attorney General under subsection (b) of this section; or
(2) is the spouse or child of an alien described in clause (1) of this
subsection if accompanying or following to join the alien.
(b) APPROVAL OF INSTITUTIONS.—(1) The Attorney General may ap-
prove an institution referred to in subsection (a) of this section only after—
(A) the Attorney General has consulted with the Secretary of Edu-
cation; and
(B) the institution has agreed to report promptly to the Attorney
General the termination of attendance of each nonimmigrant student.
(2) The Attorney General shall withdraw the approval if the institution
fails to report promptly.
§ 2312. Participants in programs designated by the Director
of the United States Information Agency
(a) GENERAL.—An alien is classifiable as a nonimmigrant under this sec-
tion if the alien—
(1)(A) has a residence in a foreign country that the alien has no in-
tention of abandoning;
(B) is a student, scholar, trainee, teacher, researcher, leader, or simi-
lar individual in a field of specialized knowledge or skill; and
(C) is coming to the United States temporarily to teach, lecture,
study, observe, conduct research, consult, receive training, or dem-
onstrate special skills in a program designated by the Director of the
United States Information Agency, and, if coming to participate in a
program in which the alien will receive graduate medical education or
training, satisfies the requirements of subsections (b) and (c) of this
section; or
(2) is the spouse or child of an alien described in clause (1) of this
subsection if accompanying or following to join the alien.
(b) ADDITIONAL REQUIREMENTS FOR ALIENS IN MEDICAL PROGRAMS.—
The following additional requirements apply to an alien coming to the Unit-
ed States as a nonimmigrant classified under subsection (a)(1) of this sec-
tion to participate in a program in which the alien will receive graduate
medical education or training:
(1) A school of medicine or of another health profession accredited
by a body approved by the Secretary of Education must agree in writ-
ing to provide the graduate medical education or training under the
program for which the alien is coming to the United States or to ar-
range for an appropriate public or nonprofit private agency or institu-
tion to provide the education or training. Before making the agree-
ment, the school must be satisfied that the alien satisfies paragraph
(2) of this subsection. If the agreement is by a school of medicine, any
of its affiliated hospitals that will participate in providing the education
or training must be a party to the agreement.
(2) The alien must—
(A) have graduated from a school of medicine accredited by a
body approved by the Secretary of Education (regardless of wheth-
er the school is in the United States); or
(B)(i) have passed parts I and II of the National Board of Med-
ical Examiners Examination or an examination the Secretary of
Health and Human Services decides is equivalent;
(ii) be competent in oral and written English;
(iii) be able to adapt to the educational and cultural environ-
ment in which the alien will be receiving the education or training;
and
(iv) have adequate prior education and training to participate
satisfactorily in the program.
(3) The government of the foreign country of the alien’s nationality
or last residence must provide a written assurance satisfactory to the
Secretary of Health and Human Services that the country needs indi-
viduals with the skills the alien will acquire in the program.
(4) The alien must agree to return to the foreign country of the
alien’s nationality or last residence on completing the program.
(5) The alien must give the Attorney General annually an affidavit
(in the form prescribed by the Attorney General) attesting that the
alien—
(A) is in good standing in the program; and
(B) will return to the foreign country of the alien’s nationality
or last residence on completing the program.
(6) The alien’s participation in the program is limited to the period
typically required to complete the program, as determined by the Direc-
tor at the time of the alien’s admission to the United States. The Di-
rector shall base the determination on criteria, established in coordina-
tion with the Secretary of Health and Human Services, that consider
the published requirements of the medical specialty board administer-
ing the program. However—
(A) the period may be more than 7 years only if the alien satis-
fies the Director that the foreign country to which the alien will
return on completing the program has an exceptional need for an
individual with the skills the alien will acquire in the program; and
(B) the alien may change programs once within the first 2 years
after the alien is admitted to the United States as a nonimmigrant
classified under subsection (a)(1) of this section or acquiring the
status of a nonimmigrant classified under subsection (a)(1) if the
Director approves the change and a written assurance and an
agreement are given for the new program as provided in para-
graphs (3) and (4) of this subsection.
(c) SATISFACTION OF REQUIREMENTS BY CERTAIN MEDICAL SCHOOL
GRADUATES.—An alien who is a graduate of a medical school satisfies sub-
section (b)(2)(B)(i) of this section if the alien on January 9, 1978—
(1) was completely and permanently licensed to practice medicine in
a State; and
(2) was practicing medicine in a State.
(d) REPORT ON AFFIDAVITS.—The Director shall submit to Congress
each year a report on aliens who have submitted affidavits under subsection
(b)(5) of this section. The report shall include the name and address of each
alien, the program of graduate medical education or training in which the
alien is participating, and the status of the alien in the program.
§ 2313. Aliens employed temporarily in specialty occupa-
tions or as fashion models
(a) GENERAL.—An alien is classifiable as a nonimmigrant under this sec-
tion if—
(1)(A) the alien is coming to the United States temporarily to be em-
ployed in a specialty occupation (except as a registered nurse during