dreamproit/uscode huggingface dataset:
8 U.S.C. § 1536 (ALIENS AND NATIONALITY)
§ 1536. Custody and release pending removal hearing
(a) Upon filing application
(1) In general
Subject to paragraphs (2) and (3), the Attorney General may—
(A) take into custody any alien with respect to whom an application under section 1533 of this title has been filed; and
(B) retain such an alien in custody in accordance with the procedures authorized by this subchapter.
(2) Special rules for permanent resident aliens
(A) Release hearing
An alien lawfully admitted for permanent residence shall be entitled to a release hearing before the judge assigned to hear the removal hearing. Such an alien shall be detained pending the removal hearing, unless the alien demonstrates to the court that the alien—
(i) is a person lawfully admitted for permanent residence in the United States;
(ii) if released upon such terms and conditions as the court may prescribe (including the posting of any monetary amount), is not likely to flee; and
(iii) will not endanger national security, or the safety of any person or the community, if released.
(B) Information considered
The judge may consider classified information submitted in camera and ex parte in making a determination whether to release an alien pending the removal hearing.
(3) Release if order denied and no review sought
(A) In general
Subject to subparagraph (B), if a judge of the removal court denies the order sought in an application filed pursuant to section 1533 of this title, and the Attorney General does not seek review of such denial, the alien shall be released from custody.
(B) Application of regular procedures
Subparagraph (A) shall not prevent the arrest and detention of the alien pursuant to subchapter II.
(b) Conditional release if order denied and review sought
(1) In general
If a judge of the removal court denies the order sought in an application filed pursuant to section 1533 of this title and the Attorney General seeks review of such denial, the judge shall release the alien from custody subject to the least restrictive condition, or combination of conditions, of release described in section 3142(b) and clauses (i) through (xiv) of section 3142(c)(1)(B) of title 18 that—
(A) will reasonably assure the appearance of the alien at any future proceeding pursuant to this subchapter; and
(B) will not endanger the safety of any other person or the community.
(2) No release for certain aliens
If the judge finds no such condition or combination of conditions, as described in paragraph (1), the alien shall remain in custody until the completion of any appeal authorized by this subchapter.
(June 27, 1952, ch. 477, title V, § 506, as added Pub. L. 104–132, title IV, § 401(a), Apr. 24, 1996, 110 Stat. 1265.)
heading: Abolition of Immigration and Naturalization Service and Transfer of Functions
text: For abolition of Immigration and Naturalization Service, transfer of functions, and treatment of related references, see note set out under section 1551 of this title.
8 U.S.C. § 1573 (ALIENS AND NATIONALITY)
§ 1573. Immigration Services and Infrastructure Improvements Account
(a) Authority of the Attorney General
The Attorney General shall take such measures as may be necessary to—
(1) reduce the backlog in the processing of immigration benefit applications, with the objective of the total elimination of the backlog 1 year after November 25, 2002;
(2) make such other improvements in the processing of immigration benefit applications as may be necessary to ensure that a backlog does not develop after such date; and
(3) make such improvements in infrastructure as may be necessary to effectively provide immigration services.
(b) Authorization of appropriations
(1) In general
There is authorized to be appropriated to the Department of Justice from time to time such sums as may be necessary for the Attorney General to carry out subsection (a).
(2) Designation of account in treasury
Amounts appropriated pursuant to paragraph (1) may be referred to as the “Immigration Services and Infrastructure Improvements Account”.
(3) Availability of funds
Amounts appropriated pursuant to paragraph (1) are authorized to remain available until expended.
(4) Limitation on expenditures
None of the funds appropriated pursuant to paragraph (1) may be expended until the report described in section 1574(a) of this title has been submitted to Congress.
(Pub. L. 106–313, title II, § 204, Oct. 17, 2000, 114 Stat. 1263; Pub. L. 107–296, title IV, § 458, Nov. 25, 2002, 116 Stat. 2201.)
heading: Amendments
text: 2002—Subsec. (a)(1). Pub. L. 107–296 substituted “1 year after November 25, 2002;” for “not later than one year after October 17, 2000;”.
heading: Effective Date of 2002 Amendment
text: Amendment by Pub. L. 107–296 effective 60 days after Nov. 25, 2002, see section 4 of Pub. L. 107–296, set out as an Effective Date note under section 101 of Title 6, Domestic Security.
heading: Abolition of Immigration and Naturalization Service and Transfer of Functions
text: For abolition of Immigration and Naturalization Service, transfer of functions, and treatment of related references, see note set out under section 1551 of this title.
8 U.S.C. § 1624 (ALIENS AND NATIONALITY)
§ 1624. Authority of States and political subdivisions of States to limit assistance to aliens and to distinguish among classes of aliens in providing general cash public assistance
(a) In general
Subject to subsection (b) and notwithstanding any other provision of law, a State or political subdivision of a State is authorized to prohibit or otherwise limit or restrict the eligibility of aliens or classes of aliens for programs of general cash public assistance furnished under the law of the State or a political subdivision of a State.
(b) Limitation
The authority provided for under subsection (a) may be exercised only to the extent that any prohibitions, limitations, or restrictions imposed by a State or political subdivision of a State are not more restrictive than the prohibitions, limitations, or restrictions imposed under comparable Federal programs. For purposes of this section, attribution to an alien of a sponsor’s income and resources (as described in section 1631 of this title) for purposes of determining eligibility for, and the amount of, benefits shall be considered less restrictive than a prohibition of eligibility for such benefits.
(Pub. L. 104–208, div. C, title V, § 553, Sept. 30, 1996, 110 Stat. 3009–681.)
heading: Codification
text: Section was enacted as part of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, and as part of the Omnibus Consolidated Appropriations Act, 1997, and not as part of title IV of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 which comprises this chapter.
8 U.S.C. § 1724 (ALIENS AND NATIONALITY)
§ 1724. Personnel management authorities for positions involved in the development and implementation of the interoperable electronic data system (“Chimera system”)
(a) In general
Notwithstanding any other provision of law relating to position classification or employee pay or performance, the Attorney General may hire and fix the compensation of necessary scientific, technical, engineering, and other analytical personnel for the purpose of the development and implementation of the interoperable electronic data system described in section 1722(a)(2) of this title (also known as the “Chimera system”).
(b) Limitation on rate of pay
Except as otherwise provided by law, no employee compensated under subsection (a) may be paid at a rate in excess of the rate payable for a position at level III of the Executive Schedule.
(c) Limitation on total calendar year payments
Total payments to employees under any system established under this section shall be subject to the limitation on payments to employees under section 5307 of title 5.
(d) Operating plan
Not later than 90 days after May 14, 2002, the Attorney General shall submit to the Committee on Appropriations, the Committee on the Judiciary, the Select Committee on Intelligence, and the Committee on Foreign Relations of the Senate and the Committee on Appropriations, the Committee on the Judiciary, the Permanent Select Committee on Intelligence, and the Committee on International Relations of the House of Representatives an operating plan—
(1) describing the Attorney General’s intended use of the authority under this section; and
(2) identifying any provisions of title 5 being waived for purposes of the development and implementation of the Chimera system.
(e) Termination date
The authority of this section shall terminate upon the implementation of the Chimera system.
(Pub. L. 107–173, title II, § 204, May 14, 2002, 116 Stat. 551.)
heading: References in Text
text: Level III of the Executive Schedule, referred to in subsec. (b), is set out in section 5314 of Title 5, Government Organization and Employees.
heading: Change of Name
text: Committee on International Relations of House of Representatives changed to Committee on Foreign Affairs of House of Representatives by House Resolution No. 6, One Hundred Tenth Congress, Jan. 5, 2007.
8 U.S.C. § 1731 (ALIENS AND NATIONALITY)
§ 1731. Implementation of an integrated entry and exit data system
(a) Development of system
In developing the integrated entry and exit data system for the ports of entry, as required by the Immigration and Naturalization Service Data Management Improvement Act of 2000 (Public Law 106–215), the Attorney General and the Secretary of State shall—
(1) implement, fund, and use a technology standard under section 1379 of this title at United States ports of entry and at consular posts abroad;
(2) establish a database containing the arrival and departure data from machine-readable visas, passports, and other travel and entry documents possessed by aliens; and
(3) make interoperable all security databases relevant to making determinations of admissibility under section 1182 of this title.
(b) Implementation
In implementing the provisions of subsection (a), the Immigration and Naturalization Service and the Department of State shall—
(1) utilize technologies that facilitate the lawful and efficient cross-border movement of commerce and persons without compromising the safety and security of the United States; and
(2) consider implementing the North American National Security Program described in section 1751 of this title.
(Pub. L. 107–173, title III, § 302, May 14, 2002, 116 Stat. 552.)
heading: References in Text
text: The Immigration and Naturalization Service Data Management Improvement Act of 2000, referred to in subsec. (a), is Pub. L. 106–215, June 15, 2000, 114 Stat. 337, which amended section 1365a of this title and enacted provisions set out as notes under sections 1101 and 1365a of this title. For complete classification of this Act to the Code, see Short Title of 2000 Amendment note set out under section 1101 of this title and Tables.
heading: Abolition of Immigration and Naturalization Service and Transfer of Functions
text: For abolition of Immigration and Naturalization Service, transfer of functions, and treatment of related references, see note set out under section 1551 of this title.
8 U.S.C. § 1733 (ALIENS AND NATIONALITY)
§ 1733. Terrorist lookout committees
(a) Establishment
The Secretary of State shall require a terrorist lookout committee to be maintained within each United States mission to a foreign country.
(b) Purpose
The purpose of each committee established under subsection (a) shall be—
(1) to utilize the cooperative resources of all elements of the United States mission in the country in which the consular post is located to identify known or potential terrorists and to develop information on those individuals;
(2) to ensure that such information is routinely and consistently brought to the attention of appropriate United States officials for use in administering the immigration laws of the United States; and
(3) to ensure that the names of known and suspected terrorists are entered into the appropriate lookout databases.
(c) Composition; chair
The Secretary shall establish rules governing the composition of such committees.
(d) Meetings
Each committee established under subsection (a) shall meet at least monthly to share information pertaining to the committee’s purpose as described in subsection (b)(2).
(e) Periodic reports to the Secretary of State
Each committee established under subsection (a) shall submit monthly reports to the Secretary of State describing the committee’s activities, whether or not information on known or suspected terrorists was developed during the month.
(f) Repealed. Pub. L. 113–235, div. J, title VII, § 7034(i), Dec. 16, 2014, 128 Stat. 2624
(g) Authorization of appropriations
There are authorized to be appropriated such sums as may be necessary to implement this section.
(Pub. L. 107–173, title III, § 304, May 14, 2002, 116 Stat. 554; Pub. L. 113–235, div. J, title VII, § 7034(i), Dec. 16, 2014, 128 Stat. 2624.)
heading: Amendments
text: 2014—Subsec. (f). Pub. L. 113–235 struck out subsec. (f). Text read as follows: “The Secretary of State shall submit a report on a quarterly basis to the appropriate committees of Congress on the status of the committees established under subsection (a) of this section.”
8 U.S.C. § 1734 (ALIENS AND NATIONALITY)
§ 1734. Improved training for consular officers
(a) Training
The Secretary of State shall require that all consular officers responsible for adjudicating visa applications, before undertaking to perform consular responsibilities, receive specialized training in the effective screening of visa applicants who pose a potential threat to the safety or security of the United States. Such officers shall be specially and extensively trained in the identification of aliens inadmissible under section 1182(a)(3)(A) and (B) of this title, interagency and international intelligence sharing regarding terrorists and terrorism, and cultural-sensitivity toward visa applicants. In accordance with section 1776 of this title, and as part of the consular training provided to such officers by the Secretary of State, such officers shall also receive training in detecting fraudulent documents and general document forensics and shall be required as part of such training to work with immigration officers conducting inspections of applicants for admission into the United States at ports of entry.
(b) Use of foreign intelligence information
As an ongoing component of the training required in subsection (a), the Secretary of State shall coordinate with the Assistant to the President for Homeland Security, Federal law enforcement agencies, and the intelligence community to compile and disseminate to the Bureau of Consular Affairs reports, bulletins, updates, and other current unclassified information relevant to terrorists and terrorism and to screening visa applicants who pose a potential threat to the safety or security of the United States.
(c) Authorization of appropriations
There are authorized to be appropriated such sums as may be necessary to implement this section.
(Pub. L. 107–173, title III, § 305, May 14, 2002, 116 Stat. 555; Pub. L. 108–458, title VII, § 7203(c), Dec. 17, 2004, 118 Stat. 3814.)
heading: Amendments
text: 2004—Subsec. (a). Pub. L. 108–458 inserted at end “In accordance with section 1776 of this title, and as part of the consular training provided to such officers by the Secretary of State, such officers shall also receive training in detecting fraudulent documents and general document forensics and shall be required as part of such training to work with immigration officers conducting inspections of applicants for admission into the United States at ports of entry.”
8 U.S.C. § 1737 (ALIENS AND NATIONALITY)
§ 1737. Tracking system for stolen passports
(a) Entering stolen passport identification numbers in the interoperable data system
(1) In general
Beginning with implementation under section 1722 of this title of the law enforcement and intelligence data system, not later than 72 hours after receiving notification of the loss or theft of a United States or foreign passport, the Attorney General and the Secretary of State, as appropriate, shall enter into such system the corresponding identification number for the lost or stolen passport.
(2) Entry of information on previously lost or stolen passports
To the extent practicable, the Attorney General, in consultation with the Secretary of State, shall enter into such system the corresponding identification numbers for the United States and foreign passports lost or stolen prior to the implementation of such system.
(b) Transition period
Until such time as the law enforcement and intelligence data system described in section 1722 of this title is fully implemented, the Attorney General shall enter the data described in subsection (a) into an existing data system being used to determine the admissibility or deportability of aliens.
(Pub. L. 107–173, title III, § 308, May 14, 2002, 116 Stat. 556.)
heading: Abolition of Immigration and Naturalization Service and Transfer of Functions
text: For abolition of Immigration and Naturalization Service, transfer of functions, and treatment of related references, see note set out under section 1551 of this title.
8 U.S.C. § 1751 (ALIENS AND NATIONALITY)
§ 1751. Study of the feasibility of a North American National Security Program
(a) In general
The President shall conduct a study of the feasibility of establishing a North American National Security Program to enhance the mutual security and safety of the United States, Canada, and Mexico.
(b) Study elements
In conducting the study required by subsection (a), the President shall consider the following:
(1) Preclearance
The feasibility of establishing a program enabling foreign national travelers to the United States to submit voluntarily to a preclearance procedure established by the Department of State and the Immigration and Naturalization Service to determine whether such travelers are admissible to the United States under section 1182 of this title. Consideration shall be given to the feasibility of expanding the preclearance program to include the preclearance both of foreign nationals traveling to Canada and foreign nationals traveling to Mexico.
(2) Preinspection
The feasibility of expanding preinspection facilities at foreign airports as described in section 1225a of this title. Consideration shall be given to the feasibility of expanding preinspections to foreign nationals on air flights destined for Canada and Mexico, and the cross training and funding of inspectors from Canada and Mexico.
(3) Conditions
A determination of the measures necessary to ensure that the conditions required by section 1225a(a)(5) of this title are satisfied, including consultation with experts recognized for their expertise regarding the conditions required by that section.
(c) Report
Not later than 1 year after May 14, 2002, the President shall submit to the appropriate committees of Congress a report setting forth the findings of the study conducted under subsection (a).
(d) Authorization of appropriations
There are authorized to be appropriated such sums as may be necessary to carry out this section.
(Pub. L. 107–173, title IV, § 401, May 14, 2002, 116 Stat. 557.)
heading: Abolition of Immigration and Naturalization Service and Transfer of Functions
text: For abolition of Immigration and Naturalization Service, transfer of functions, and treatment of related references, see note set out under section 1551 of this title.
8 U.S.C. § 1753 (ALIENS AND NATIONALITY)
§ 1753. Joint United States-Canada projects for alternative inspections services
(a) In general
United States border inspections agencies, including the Immigration and Naturalization Service, acting jointly and under an agreement of cooperation with the Government of Canada, may conduct joint United States-Canada inspections projects on the international border between the two countries. Each such project may provide alternative inspections services and shall undertake to harmonize the criteria for inspections applied by the two countries in implementing those projects.
(b) Annual report
The Attorney General and the Secretary of the Treasury shall prepare and submit annually to Congress a report on the joint United States-Canada inspections projects conducted under subsection (a).
(c) Exemption from Administrative Procedure Act and Paperwork Reduction Act
Subchapter II of chapter 5 of title 5 (commonly referred to as the “Administrative Procedure Act”) and chapter 35 of title 44 (commonly referred to as the “Paperwork Reduction Act”) shall not apply to fee setting for services and other administrative requirements relating to projects described in subsection (a), except that fees and forms established for such projects shall be published as a notice in the Federal Register.
(Pub. L. 107–173, title IV, § 404, May 14, 2002, 116 Stat. 560.)
heading: Abolition of Immigration and Naturalization Service and Transfer of Functions
text: For abolition of Immigration and Naturalization Service, transfer of functions, and treatment of related references, see note set out under section 1551 of this title.
8 U.S.C. § 1771 (ALIENS AND NATIONALITY)
§ 1771. General Accounting Office study
(a) Requirement for study
(1) In general
The Comptroller General of the United States shall conduct a study to determine the feasibility and utility of implementing a requirement that each nonimmigrant alien in the United States submit to the Commissioner of Immigration and Naturalization each year a current address and, where applicable, the name and address of an employer.
(2) Nonimmigrant alien defined
In paragraph (1), the term “nonimmigrant alien” means an alien described in section 1101(a)(15) of this title.
(b) Report
Not later than 1 year after May 14, 2002, the Comptroller General shall submit to Congress a report on the results of the study under subsection (a). The report shall include the Comptroller General’s findings, together with any recommendations that the Comptroller General considers appropriate.
(Pub. L. 107–173, title VI, § 602, May 14, 2002, 116 Stat. 564.)
heading: Change of Name
text: General Accounting Office redesignated Government Accountability Office by section 8 of Pub. L. 108–271, set out as a note under section 702 of Title 31, Money and Finance.
heading: Abolition of Immigration and Naturalization Service and Transfer of Functions
text: For abolition of Immigration and Naturalization Service, transfer of functions, and treatment of related references, see note set out under section 1551 of this title.