dreamproit/uscode huggingface dataset:
8 U.S.C. § 1555 (ALIENS AND NATIONALITY)
§ 1555. Immigration Service expenses
Appropriations now or hereafter provided for the Immigration and Naturalization Service shall be available for payment of (a) hire of privately owned horses for use on official business, under contract with officers or employees of the Service; (b) pay of interpreters and translators who are not citizens of the United States; (c) distribution of citizenship textbooks to aliens without cost to such aliens; (d) payment of allowances (at such rate as may be specified from time to time in the appropriation Act involved) to aliens, while held in custody under the immigration laws, for work performed; and (e) when so specified in the appropriation concerned, expenses of unforeseen emergencies of a confidential character, to be expended under the direction of the Attorney General, who shall make a certificate of the amount of any such expenditure as he may think it advisable not to specify, and every such certificate shall be deemed a sufficient voucher for the sum therein expressed to have been expended.
(July 28, 1950, ch. 503, § 6, 64 Stat. 380.)
heading: Editorial Notes
heading: Codification
text: Section was formerly classified to section 341d of Title 5 prior to the general revision and enactment of Title 5, Government Organization and Employees, by Pub. L. 89–554, § 1, Sept. 6, 1966, 80 Stat. 378.
heading: Statutory Notes and Related Subsidiaries
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. § 1571 (ALIENS AND NATIONALITY)
§ 1571. Purposes
(a) Purposes
The purposes of this subchapter are to—
(1) provide the Immigration and Naturalization Service with the mechanisms it needs to eliminate the current backlog in the processing of immigration benefit applications within 1 year after October 17, 2000, and to maintain the elimination of the backlog in future years; and
(2) provide for regular congressional oversight of the performance of the Immigration and Naturalization Service in eliminating the backlog and processing delays in immigration benefits adjudications.
(b) Policy
It is the sense of Congress that the processing of an immigration benefit application should be completed not later than 180 days after the initial filing of the application, except that a petition for a nonimmigrant visa under section 1184(c) of this title should be processed not later than 30 days after the filing of the petition.
(Pub. L. 106–313, title II, § 202, Oct. 17, 2000, 114 Stat. 1262.)
heading: Statutory Notes and Related Subsidiaries
heading: Short Title
text: For short title of title II of Pub. L. 106–313, which enacted this subchapter, as the “Immigration Services and Infrastructure Improvements Act of 2000”, see section 201 of Pub. L. 106–313, set out as a Short Title of 2000 Amendment note under section 1551 of this title.
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. § 1572 (ALIENS AND NATIONALITY)
§ 1572. Definitions
In this subchapter:
(1) Backlog
The term “backlog” means, with respect to an immigration benefit application, the period of time in excess of 180 days that such application has been pending before the Immigration and Naturalization Service.
(2) Immigration benefit application
The term “immigration benefit application” means any application or petition to confer, certify, change, adjust, or extend any status granted under the Immigration and Nationality Act [8 U.S.C. 1101 et seq.].
(Pub. L. 106–313, title II, § 203, Oct. 17, 2000, 114 Stat. 1263.)
heading: Editorial Notes
heading: References in Text
text: The Immigration and Nationality Act, referred to in par. (2), is act June 27, 1952, ch. 477, 66 Stat. 163, as amended, which is classified principally to chapter 12 (§ 1101 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 1101 of this title and Tables.
heading: Statutory Notes and Related Subsidiaries
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: Editorial Notes
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: Statutory Notes and Related Subsidiaries
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. § 1601 (ALIENS AND NATIONALITY)
§ 1601. Statements of national policy concerning welfare and immigration
The Congress makes the following statements concerning national policy with respect to welfare and immigration:
(1) Self-sufficiency has been a basic principle of United States immigration law since this country’s earliest immigration statutes.
(2) It continues to be the immigration policy of the United States that—
(A) aliens within the Nation’s borders not depend on public resources to meet their needs, but rather rely on their own capabilities and the resources of their families, their sponsors, and private organizations, and
(B) the availability of public benefits not constitute an incentive for immigration to the United States.
(3) Despite the principle of self-sufficiency, aliens have been applying for and receiving public benefits from Federal, State, and local governments at increasing rates.
(4) Current eligibility rules for public assistance and unenforceable financial support agreements have proved wholly incapable of assuring that individual aliens not burden the public benefits system.
(5) It is a compelling government interest to enact new rules for eligibility and sponsorship agreements in order to assure that aliens be self-reliant in accordance with national immigration policy.
(6) It is a compelling government interest to remove the incentive for illegal immigration provided by the availability of public benefits.
(7) With respect to the State authority to make determinations concerning the eligibility of qualified aliens for public benefits in this chapter, a State that chooses to follow the Federal classification in determining the eligibility of such aliens for public assistance shall be considered to have chosen the least restrictive means available for achieving the compelling governmental interest of assuring that aliens be self-reliant in accordance with national immigration policy.
(Pub. L. 104–193, title IV, § 400, Aug. 22, 1996, 110 Stat. 2260.)
heading: Editorial Notes
heading: References in Text
text: This chapter, referred to in par. (7), was in the original “this title” meaning title IV of Pub. L. 104–193, Aug. 22, 1996, 110 Stat. 2260, as amended, which enacted this chapter, section 1183a of this title, and sections 611a and 1437y of Title 42, The Public Health and Welfare, amended section 1383 of this title, sections 32 and 6213 of Title 26, Internal Revenue Code, and sections 1436a and 1471 of Title 42, and enacted provisions set out as notes under section 1183a of this title and section 32 of Title 26. For complete classification of title IV to the Code, see Tables.
heading: Statutory Notes and Related Subsidiaries
heading: Short Title of 2008 Amendment
text: Pub. L. 110–328, § 1, Sept. 30, 2008, 122 Stat. 3567, provided that: “This Act [amending section 1612 of this title and sections 3304, 6103, and 6402 of Title 26, Internal Revenue Code, and enacting provisions set out as a note under section 3304 of Title 26] may be cited as the ‘SSI Extension for Elderly and Disabled Refugees Act’.”
8 U.S.C. § 1614 (ALIENS AND NATIONALITY)
§ 1614. Notification and information reporting
Each Federal agency that administers a program to which section 1611, 1612, or 1613 of this title applies shall, directly or through the States, post information and provide general notification to the public and to program recipients of the changes regarding eligibility for any such program pursuant to this subchapter.
(Pub. L. 104–193, title IV, § 404(a), Aug. 22, 1996, 110 Stat. 2267.)
heading: Editorial Notes
heading: References in Text
text: This subchapter, referred to in text, was in the original “this subtitle”, meaning subtitle A of title IV of Pub. L. 104–193, Aug. 22, 1996, 110 Stat. 2261, as amended, which enacted this subchapter and sections 611a and 1437y of Title 42, The Public Health and Welfare, and amended section 1383 of Title 42. For complete classification of this subtitle to the Code, see Tables.
8 U.S.C. § 1623 (ALIENS AND NATIONALITY)
§ 1623. Limitation on eligibility for preferential treatment of aliens not lawfully present on basis of residence for higher education benefits
(a) In general
Notwithstanding any other provision of law, an alien who is not lawfully present in the United States shall not be eligible on the basis of residence within a State (or a political subdivision) for any postsecondary education benefit unless a citizen or national of the United States is eligible for such a benefit (in no less an amount, duration, and scope) without regard to whether the citizen or national is such a resident.
(b) Effective date
This section shall apply to benefits provided on or after July 1, 1998.
(Pub. L. 104–208, div. C, title V, § 505, Sept. 30, 1996, 110 Stat. 3009–672.)
heading: Editorial Notes
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. § 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: Editorial Notes
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. § 1625 (ALIENS AND NATIONALITY)
§ 1625. Authorization for verification of eligibility for State and local public benefits
A State or political subdivision of a State is authorized to require an applicant for State and local public benefits (as defined in section 1621(c) of this title) to provide proof of eligibility.
(Pub. L. 104–193, title IV, § 413, as added Pub. L. 105–33, title V, § 5307(a), Aug. 5, 1997, 111 Stat. 602.)
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date
text: Section effective, except as otherwise provided, as if included in the enactment of title IV of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, Pub. L. 104–193, see section 5308 of Pub. L. 105–33, set out as an Effective Date of 1997 Amendment note under section 1612 of this title.
8 U.S.C. § 1644 (ALIENS AND NATIONALITY)
§ 1644. Communication between State and local government agencies and Immigration and Naturalization Service
Notwithstanding any other provision of Federal, State, or local law, no State or local government entity may be prohibited, or in any way restricted, from sending to or receiving from the Immigration and Naturalization Service information regarding the immigration status, lawful or unlawful, of an alien in the United States.
(Pub. L. 104–193, title IV, § 434, Aug. 22, 1996, 110 Stat. 2275.)
heading: Statutory Notes and Related Subsidiaries
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. § 1646 (ALIENS AND NATIONALITY)
§ 1646. Derivative eligibility for benefits
Notwithstanding any other provision of law, an alien who under the provisions of this chapter is ineligible for benefits under the food stamp program (as defined in section 1612(a)(3)(B) of this title) shall not be eligible for such benefits because the alien receives benefits under the supplemental security income program (as defined in section 1612(a)(3)(A) of this title).
(Pub. L. 104–193, title IV, § 436, as added Pub. L. 105–33, title V, § 5305(a), Aug. 5, 1997, 111 Stat. 601.)
heading: Editorial Notes
heading: References in Text
text: This chapter, referred to in text, was in the original “this title” meaning title IV of Pub. L. 104–193, Aug. 22, 1996, 110 Stat. 2260, which enacted this chapter, section 1183a of this title, and sections 611a and 1437y of Title 42, The Public Health and Welfare, amended section 1383 of this title, sections 32 and 6213 of Title 26, Internal Revenue Code, and sections 1436a and 1471 of Title 42, and enacted provisions set out as notes under section 1183a of this title and section 32 of Title 26. For complete classification of title IV to the Code, see Tables.
heading: Statutory Notes and Related Subsidiaries
heading: Change of Name
text: References to the food stamp program established under the Food and Nutrition Act of 2008 considered to refer to the supplemental nutrition assistance program established under that Act, see section 4002(c) of Pub. L. 110–246, set out as a note under section 2012 of Title 7, Agriculture.
heading: Effective Date
text: Section effective, except as otherwise provided, as if included in the enactment of title IV of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, Pub. L. 104–193, see section 5308 of Pub. L. 105–33, set out as an Effective Date of 1997 Amendment note under section 1612 of this title.
8 U.S.C. § 1713 (ALIENS AND NATIONALITY)
§ 1713. Machine-readable visa fees
(a) Omitted
(b) Fee amount
The machine-readable visa fee charged by the Department of State shall be the higher of $65 or the cost of the machine-readable visa service, as determined by the Secretary of State after conducting a study of the cost of such service.
(c) Surcharge
The Department of State is authorized to charge a surcharge of $10, in addition to the machine-readable visa fee, for issuing a machine-readable visa in a nonmachine-readable passport.
(d) Availability of collected fees
Notwithstanding any other provision of law, amounts collected as fees described in this section shall be deposited in the Consular and Border Security Programs account to recover costs of providing consular services. Amounts so credited shall be available, until expended, for the same purposes as the appropriation to which credited.
(Pub. L. 107–173, title I, § 103, May 14, 2002, 116 Stat. 547; Pub. L. 115–31, div. J, title VII, § 7081(b), May 5, 2017, 131 Stat. 716.)
heading: Editorial Notes
heading: Codification
text: Section is comprised of section 103 of Pub. L. 107–173. Subsec. (a) of section 103 of Pub. L. 107–173 amended provisions set out as a note under section 1351 of this title.
heading: Amendments
text: 2017—Subsec. (d). Pub. L. 115–31 substituted “deposited in the Consular and Border Security Programs account” for “credited as an offsetting collection to any appropriation for the Department of State”.
8 U.S.C. § 1715 (ALIENS AND NATIONALITY)
§ 1715. Consular and Border Security Programs
(a) Separate fund
There is established in the Treasury a separate fund to be known as the “Consular and Border Security Programs” account into which the following fees shall be deposited for the purposes of the consular and border security programs.
(b) to (g) Omitted
(h) Transfer of funds
(1) The unobligated balances of amounts available from fees referenced under this section may be transferred to the Consular and Border Security Programs account.
(2) Funds deposited in or transferred to the Consular and Border Security Programs account may be transferred between funds appropriated under the heading “Administration of Foreign Affairs”.
(3) The transfer authorities in this section shall be in addition to any other transfer authority available to the Department of State.
(i) Effective date
The amendments made by this section shall take effect no later than October 1, 2018, and shall be implemented in a manner that ensures the fees collected, transferred, and used in fiscal year 2019 can be readily tracked.
(Pub. L. 115–31, div. J, title VII, § 7081, May 5, 2017, 131 Stat. 716.)
heading: Editorial Notes
heading: Codification
text: Section appears under the heading “Consular and Border Security Programs” in title VII of div. J of Pub. L. 115–31. It was enacted as part of the Department of State, Foreign Operations, and Related Programs Appropriations Act, 2017, and also as part of the Consolidated Appropriations Act, 2017, and not as part of the Enhanced Border Security and Visa Entry Reform Act of 2002 which comprises this chapter.
Section is comprised of section 7081 of title VII of div. J of Pub. L. 115–31. Subsecs. (b) and (c) of section 7081 of Pub. L. 115–31 amended sections 1713 and 1714, respectively, of this title. Subsecs. (d) and (e) of section 7081 amended provisions set out as notes under sections 1153 and 1183a, respectively, of this title. Subsec. (f) of section 7081 amended section 214 of Title 22, Foreign Relations and Intercourse, and subsec. (g) of section 7081 amended provisions set out as a note under section 214 of Title 22.
heading: Statutory Notes and Related Subsidiaries
heading: Transfer of Balances
text: Pub. L. 116–94, div. G, title VII, § 7034(l)(9), Dec. 20, 2019, 133 Stat. 2873, provided that: “Section 7081(h) of the Department of State, Foreign Operations, and Related Programs Appropriations Act, 2017 (division J of Public Law 115–31) [8 U.S.C. 1715(h)] shall continue in effect during fiscal year 2020.”
Similar provisions were contained in the following prior acts:
Pub. L. 116–6, div. F, title VII, § 7034(m)(9), Feb. 15, 2019, 133 Stat. 327.
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: Editorial Notes
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.