(<-Previous: USC Title 8 Sec 1105-1182)
Extract of the United States Code, Title 8. Sections 1187-1481.
8 USC Sec. 1187 (extracted) Has Changes 01/22/02
TITLE 8 - ALIENS AND NATIONALITY
CHAPTER 12 - IMMIGRATION AND NATIONALITY
SUBCHAPTER II - IMMIGRATION
Part II - Admission Qualifications for Aliens; Travel Control of Citizens and
Aliens
Sec. 1187. Visa waiver program for certain visitors
(a) Establishment of program
The Attorney General and the Secretary of State are authorized to establish a
program (hereinafter in this section referred to as the ''program'') under which
the requirement of paragraph (7)(B)(i)(II) of section 1182(a) of this title may
be waived by the Attorney General, in consultation with the Secretary of State
and in accordance with this section, in the case of an alien who meets the
following requirements:
(1) Seeking entry as tourist for 90 days or less
The alien is applying for admission during the program as a nonimmigrant visitor (described in section 1101(a)(15)(B) of this title) for a period not exceeding 90 days.
(2) National of program country
The alien is a national of, and presents a passport issued by, a country which -(A) extends (or agrees to extend), either on its own or in conjunction with one or more other countries that are described in subparagraph (B) and that have established with it a common area for immigration admissions, reciprocal privileges to citizens and nationals of the United States, and
(B) is designated as a pilot program country under subsection (c) of this section.(<-- Previous Changes)
(3) Machine readable passport(A) In general
Except as provided in subparagraph (B), on or after October 1, 2003, the alien at the time of application for admission is in possession of a valid unexpired machine-readable passport that satisfies the internationally accepted standard for machine readability.
(B) Limited waiver authority
For the period beginning October 1, 2003, and ending September 30, 2007, the Secretary of State may waive the requirement of subparagraph (A) with respect to nationals of a program country (as designated under subsection (c) of this section), if the Secretary of State finds that the program country -(i) is making progress toward ensuring that passports meeting the requirement of subparagraph (A) are generally available to its nationals; and
(ii) has taken appropriate measures to protect against misuse of passports the country has issued that do not meet the requirement of subparagraph (A).
(Next Changes->)(4) Executes immigration forms
The alien before the time of such admission completes such immigration form as the Attorney General shall establish.
(5) Entry into the United States
If arriving by sea or air, the alien arrives at the port of entry into the United States on a carrier, including any carrier conducting operations under part 135 of title 14, Code of Federal Regulations, or a noncommercial aircraft that is owned or operated by a domestic corporation conducting operations under part 91 of title 14, Code of Federal Regulations (FOOTNOTE 1) which has entered into an agreement with the Attorney General pursuant to subsection (e) of this section. The Attorney General is authorized to require a carrier conducting operations under part 135 of title 14, Code of Federal Regulations, or a domestic corporation conducting operations under part 91 of that title, to give suitable and proper bond, in such reasonable amount and containing such conditions as the Attorney General may deem sufficient to ensure compliance with the indemnification requirements of this section, as a term of such an agreement.
(FOOTNOTE 1) So in original. Probably should be followed by a comma.
(6) Not a safety threat
The alien has been determined not to represent a threat to the welfare, health, safety, or security of the United States.
(7) No previous violation
If the alien previously was admitted without a visa under this section, the alien must not have failed to comply with the conditions of any previous admission as such a nonimmigrant.
(8) Round-trip ticket
The alien is in possession of a round-trip transportation ticket (unless this requirement is waived by the Attorney General under regulations or the alien is arriving at the port of entry on an aircraft operated under part 135 of title 14, Code of Federal Regulations, or a noncommercial aircraft that is owned or operated by a domestic corporation conducting operations under part 91 of title 14, Code of Federal Regulations).
(9) Automated system check
The identity of the alien has been checked using an automated electronic database containing information about the inadmissibility of aliens to uncover any grounds on which the alien may be inadmissible to the United States, and no such ground has been found.
Operators of aircraft under part 135 of title 14, Code of Federal Regulations, or operators of noncommercial aircraft that are owned or operated by a domestic corporation conducting operations under part 91 of title 14, Code of Federal Regulations, carrying any alien passenger who will apply for admission under this section shall furnish such information as the Attorney General by regulation shall prescribe as necessary for the identification of any alien passenger being transported and for the enforcement of the immigration laws. Such information shall be electronically transmitted not less than one hour prior to arrival at the port of entry for purposes of checking for inadmissibility using the automated electronic database.
Subsection (b) omitted
(c) Designation of program countries
(1) omitted
(2) Qualifications
Except as provided in subsection (f) of this section, a country may not be designated as a program country unless the following requirements are met:(A) omitted
(B) Machine readable passport program(i) In general
Subject to clause (ii), the government of the country certifies that it issues to its citizens machine-readable passports that satisfy the internationally accepted standard for machine readability.
(ii) Deadline for compliance for certain countries In the case of a country designated as a program country under this subsection prior to May 1, 2000, as a condition on the continuation of that designation, the country-(I) shall certify, not later than October 1, 2000, that it has a program to issue machine-readable passports to its citizens not later than October 1, 2003; and
(II) shall satisfy the requirement of clause (i) not later than October 1, 2003.(C) and remaining subsections omitted
MACHINE READABLE PASSPORTS
=reflection of Pat I clause
which modified this.
Pub. L. 107-56, title IV, Sec. 417(a), (b), Oct. 26, 2001, 115 Stat. 355,
provided that:
''(a) Audits. - The Secretary of State shall, each fiscal year until
September 30, 2007 -
''(1) perform annual audits of the implementation of section 217(c)(2)(B) of the Immigration and Nationality Act (8 U.S.C. 1187(c)(2)(B));
''(2) check for the implementation of precautionary measures to prevent the counterfeiting and theft of passports; and
''(3) ascertain that countries designated under the visa waiver program have established a program to develop tamper-resistant passports.
''(b) Periodic Reports. - Beginning one year after the date of enactment of this Act (Oct. 26, 2001), and every year thereafter until 2007, the Secretary of State shall submit a report to Congress setting forth the findings of the most recent audit conducted under subsection (a)(1).''
other administrative
details omitted
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 1182, 1184, 1229c, 1255, 1258, 1365a of
this title.
8 USC Sec. 1189 Has
Changes
01/22/02
Sec. 1189. Designation of foreign terrorist organizations
(<-- Previous Changes)
(a) Designation
(1) In general
The Secretary is authorized to designate an organization as a foreign terrorist organization in accordance with this subsection if the Secretary finds that -(A) the organization is a foreign organization;
(B) the organization engages in terrorist activity (as defined in section 1182(a)(3)(B) of this title or terrorism (as defined in section 2656f(d)(2) of title 22), or retains the capability and intent to engage in terrorist activity or terrorism) (FOOTNOTE 1) ; and...
{(FOOTNOTE 1) So in original. The closing parenthesis probably should follow ''section 1182(a)(3)(B) of this title''.}
(C) the terrorist activity or terrorism of the organization threatens the security of United States nationals or the national security of the United States.(2) Procedure
(A) (amended in general) Notice
(i) To congressional leaders
Seven days before making a designation under this subsection, the Secretary shall, by classified communication, notify the Speaker and Minority Leader of the House of Representatives, the President pro tempore, Majority Leader, and Minority Leader of the Senate, and the members of the relevant committees of the House of Representatives and the Senate, in writing, of the intent to designate an organization under this subsection, together with the findings made under paragraph (1) with respect to that organization, and the factual basis therefor.
(ii) Publication in Federal Register
The Secretary shall publish the designation in the Federal Register seven days after providing the notification under clause (i).(B) Effect of designation
(i) For purposes of section 2339B of title 18, a designation under this subsection shall take effect upon publication under subparagraph (A)(ii).
(ii) Any designation under this subsection shall cease to have effect upon an Act of Congress disapproving such designation.(C) Freezing of assets
Upon notification under paragraph (2)(A)(i), the Secretary of the Treasury may require United States financial institutions possessing or controlling any assets of any foreign organization included in the notification to block all financial transactions involving those assets until further directive from either the Secretary of the Treasury, Act of Congress, or order of court.(3) Record
(A) In general
In making a designation under this subsection, the Secretary shall create an administrative record.
(B) Classified information
The Secretary may consider classified information in making a designation under this subsection. Classified information shall not be subject to disclosure for such time as it remains classified, except that such information may be disclosed to a court ex parte and in camera for purposes of judicial review under subsection(c)(b) of this section.(4) Period of designation
(A) In general
Subject to paragraphs (5) and (6), a designation under this subsection shall be effective for all purposes for a period of 2 years beginning on the effective date of the designation under paragraph (2)(B).
(B) Redesignation
The Secretary may redesignate a foreign organization as a foreign terrorist organization for an additional 2-year period at the end of the 2-year period referred to in subparagraph (A) (but not sooner than 60 days prior to the termination of such period) upon a finding that the relevant circumstances described in paragraph (1) still exist. The Secretary also may redesignate such organization at the end of any 2-year redesignation period (but not sooner than 60 days prior to the termination of such period) for an additional 2-year period upon a finding that the relevant circumstances described in paragraph (1) still exist. Any redesignation shall be effective immediately following the end of the prior 2-year designation or redesignation period unless a different effective date is provided in such redesignation. The procedural requirements of paragraphs (2) and (3) shall apply to a redesignation under this subparagraph.(5) Revocation by Act of Congress
The Congress, by an Act of Congress, may block or revoke a designation made under paragraph (1).
(6) Revocation based on change in circumstances(A) In general
The Secretary may revoke a designation made under paragraph (1) or a redesignation made under paragraph (4)(B) if the Secretary finds that -(i) the circumstances that were the basis for the designation or redesignation have changed in such a manner as to warrant revocation
of the designation; or
(ii) the national security of the United States warrants a revocationof the designation.(B) Procedure
The procedural requirements of paragraphs (2)through (4)and (3) shall apply to a revocation under this paragraph. Any revocation shall take effect on the date specified in the revocation or upon publication in the Federal Register if no effective date is specified.(7) Effect of revocation
The revocation of a designation under paragraph (5) or (6), or the revocation of a redesignation under paragraph (6), shall not affect any action or proceeding based on conduct committed prior to the effective date of such revocation.
(8) Use of designation in trial or hearing
If a designation under this subsection has become effective underparagraph (1)(B)paragraph (2)(B), or if a redesignation under this subsection has become effective under paragraph (4)(B), a defendant in a criminal action or an alien in a removal proceeding shall not be permitted to raise any question concerning the validity of the issuance of such designation or redesignation as a defense or an objection at any trial or hearing.
(Next Changes->)
(b) Judicial review of designation
(1) In general
Not later than 30 days after publication of the designation in the Federal Register, an organization designated as a foreign terrorist organization may seek judicial review of the designation in the United States Court of Appeals for the District of Columbia Circuit.
(2) Basis of review
Review under this subsection shall be based solely upon the administrative record, except that the Government may submit, for ex parte and in camera review, classified information used in making the designation.
(3) Scope of review
The Court shall hold unlawful and set aside a designation the court finds to be -(A) arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law;
(B) contrary to constitutional right, power, privilege, or immunity;
(C) in excess of statutory jurisdiction, authority, or limitation, or short of statutory right;
(D) lacking substantial support in the administrative record taken as a whole or in classified information submitted to the court under paragraph (2), (FOOTNOTE 2) or...
{(FOOTNOTE 2) So in original. The comma probably should be a semicolon.}
(E) not in accord with the procedures required by law.(4) Judicial review invoked
The pendency of an action for judicial review of a designation shall not affect the application of this section, unless the court issues a final order setting aside the designation.
(c) Definitions
As used in this section -
(1) the term ''classified information'' has the meaning given that term in section 1(a) of the Classified Information Procedures Act (18 U.S.C. App.);
(2) the term ''national security'' means the national defense, foreign relations, or economic interests of the United States;
(3) the term ''relevant committees'' means the Committees on the Judiciary, Intelligence, and Foreign Relations of the Senate and the Committees on the Judiciary, Intelligence, and International Relations of the House of Representatives; and
(4) the term ''Secretary'' means the Secretary of State, in consultation with the Secretary of the Treasury and the Attorney General.
-SOURCE-
(June 27, 1952, ch. 477, title II, ch. 2, Sec. 219, as added Pub. L. 104-132,
title III, Sec. 302(a), Apr. 24, 1996, 110 Stat. 1248;
amended Pub. L. 104-208, div. C, title III, Sec. 356, title VI, Sec. 671(c)(1),
Sept. 30, 1996, 110 Stat. 3009-644, 3009-722; Pub. L. 107-56, title IV, Sec.
411(c), Oct. 26, 2001, 115 Stat. 349.)
various administrative
details omitted
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 1182 of this title;
title 18 section 2339B.
8 USC Sec. 1202 (extracted) Has Changes 01/22/02
TITLE 8 - ALIENS AND NATIONALITY
CHAPTER 12 - IMMIGRATION AND NATIONALITY
SUBCHAPTER II - IMMIGRATION
Part III - Issuance of Entry Documents
Sec. 1202. Application for visas
Subsections (a) - (e)
omitted
(<-- Previous Changes)
(<-- Previous Patriot II Changes)
(f) Confidential nature of records
The records of the Department of State and of diplomatic and consular offices of
the United States pertaining to the issuance or refusal of visas or permits to
enter the United States shall be considered confidential and shall be used only
for the formulation, amendment, administration, or enforcement of the
immigration, nationality, and other laws of the United States, except
that in the discretion of except that -
(1) in the discretion of the Secretary of State certified copies of such records may be made available to a court which certifies that the information contained in such records is needed by the court in the interest of the ends of justice in a case pending before the court.;(FOOTNOTE 2)
(FOOTNOTE 2) So in original. The period probably should be ''; and''.
(2) the Secretary of State may provide copies of any record of the Department of State and of diplomatic and consular offices of the United States pertaining to the issuance or refusal of visas or permits to enter the United States, or any information contained in those records, to law enforcement personnel of a State or political subdivision of a State (including the chief executive officer of that State or political subdivision who has the authority to appoint or direct the chief law enforcement officer of that State or political subdivision) to assist the official receiving that information in the performance of the official duties of that official, and any chief executive officer or law enforcement personnel of a State or political subdivision of a State who receives information pursuant to this paragraph shall only use that information consistent with such guidelines as the Attorney General shall issue to protect confidentiality; and (Next Patriot II Changes->)
(2)(3) the Secretary of State, in the Secretary's discretion and on the basis of reciprocity, may provide to a foreign government information in the Department of State's computerized visa lookout database and, when necessary and appropriate, other records covered by this section related to information in the database -(A) with regard to individual aliens, at any time on a case-by-case basis for the purpose of preventing, investigating, or punishing acts that would constitute a crime in the United States, including, but not limited to, terrorism or trafficking in controlled substances, persons, or illicit weapons; or
(B) with regard to any or all aliens in the database, pursuant to such conditions as the Secretary of State shall establish in an agreement with the foreign government in which that government agrees to use such information and records for the purposes described in subparagraph (A) or to deny visas to persons who would be inadmissible to the United States.
(g)
omitted
misc administrative details
omitted
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 1201, 1372 of this title;
title 22 section 4355.
8 USC Sec. 1226a Added by Patriot I 01/22/02
TITLE 8 - ALIENS AND NATIONALITY
CHAPTER 12 - IMMIGRATION AND NATIONALITY
SUBCHAPTER II - IMMIGRATION
Part IV - Inspection, Apprehension, Examination, Exclusion, and Removal
Sec. 1226a. Mandatory detention of suspected terrorists;
habeas corpus;
judicial review
(a) Detention of terrorist aliens
(1) Custody
The Attorney General shall take into custody any alien who is certified under paragraph (3).
(2) Release
Except as provided in paragraphs (5) and (6), the Attorney General shall maintain custody of such an alien until the alien is removed from the United States. Except as provided in paragraph (6), such custody shall be maintained irrespective of any relief from removal for which the alien may be eligible, or any relief from removal granted the alien, until the Attorney General determines that the alien is no longer an alien who may be certified under paragraph (3). If the alien is finally determined not to be removable, detention pursuant to this subsection shall terminate.
(3) Certification
The Attorney General may certify an alien under this paragraph if the Attorney General has reasonable grounds to believe that the alien -(A) is described in section 1182(a)(3)(A)(i)*, 1182(a)(3)(A)(iii)*, 1182(a)(3)(B)*, 1227(a)(4)(A)(i)*, 1227(a)(4)(A)(iii)*, or 1227(a)(4)(B)* of this title; or
(B) is engaged in any other activity that endangers the national security of the United States.(4) Nondelegation
The Attorney General may delegate the authority provided under paragraph (3) only to the Deputy Attorney General. The Deputy Attorney General may not delegate such authority.
(5) Commencement of proceedings
The Attorney General shall place an alien detained under paragraph (1) in removal proceedings, or shall charge the alien with a criminal offense, not later than 7 days after the commencement of such detention. If the requirement of the preceding sentence is not satisfied, the Attorney General shall release the alien.
(6) Limitation on indefinite detention
An alien detained solely under paragraph (1) who has not been removed under section 1231(a)(1)(A) of this title, and whose removal is unlikely in the reasonably foreseeable future, may be detained for additional periods of up to six months only if the release of the alien will threaten the national security of the United States or the safety of the community or any person.
(7) Review of certification
The Attorney General shall review the certification made under paragraph (3) every 6 months. If the Attorney General determines, in the Attorney General's discretion, that the certification should be revoked, the alien may be released on such conditions as the Attorney General deems appropriate, unless such release is otherwise prohibited by law. The alien may request each 6 months in writing that the Attorney General reconsider the certification and may submit documents or other evidence in support of that request.
(b) Habeas corpus and judicial review
(1) In general
Judicial review of any action or decision relating to this section (including judicial review of the merits of a determination made under subsection (a)(3) or (a)(6) of this section) is available exclusively in habeas corpus proceedings consistent with this subsection. Except as provided in the preceding sentence, no court shall have jurisdiction to review, by habeas corpus petition or otherwise, any such action or decision.
(2) Application(A) In general
Notwithstanding any other provision of law, including section 2241(a) of title 28, habeas corpus proceedings described in paragraph (1) may be initiated only by an application filed with -(i) the Supreme Court;
(ii) any justice of the Supreme Court;
(iii) any circuit judge of the United States Court of Appeals for the District of Columbia Circuit; or
(iv) any district court otherwise having jurisdiction to entertain it.(B) Application transfer
Section 2241(b) of title 28 shall apply to an application for a writ of habeas corpus described in subparagraph (A).(3) Appeals
Notwithstanding any other provision of law, including section 2253 of title 28, in habeas corpus proceedings described in paragraph (1) before a circuit or district judge, the final order shall be subject to review, on appeal, by the United States Court of Appeals for the District of Columbia Circuit. There shall be no right of appeal in such proceedings to any other circuit court of appeals.
(4) Rule of decision
The law applied by the Supreme Court and the United States Court of Appeals for the District of Columbia Circuit shall be regarded as the rule of decision in habeas corpus proceedings described in paragraph (1).
(c) Statutory construction
The provisions of this section shall not be applicable to any other provision of
this chapter.
-SOURCE-
(June 27, 1952, ch. 477, title II, ch. 4, Sec. 236A, as added Pub. L. 107-56,
title IV, Sec. 412(a), Oct. 26, 2001, 115 Stat. 350.)
REPORTS
Pub. L. 107-56, title IV, Sec. 412(c), Oct. 26, 2001, 115 Stat. 352, provided
that: ''Not later than 6 months after the date of the enactment of this Act
(Oct. 26, 2001), and every 6 months thereafter, the Attorney General shall
submit a report to the Committee on the Judiciary of the House of
Representatives and the Committee on the Judiciary of the Senate, with respect
to the reporting period, on -
''(1) the number of aliens certified under section
236A(a)(3) of the Immigration and Nationality Act (8 U.S.C. 1226a(a)(3)), as
added by subsection (a);
''(2) the grounds for such certifications;
''(3) the nationalities of the aliens so certified;
''(4) the length of the detention for each alien so
certified; and
''(5) the number of aliens so certified who -
''(A) were granted any form of relief from removal;
''(B) were removed;
''(C) the Attorney General has determined are no longer aliens who may be so certified; or
''(D) were released from detention.''
(Next Changes->)
8 USC Sec. 1227 Has
Changes
01/22/02
Sec. 1227. Deportable aliens
(a) Classes of deportable aliens
Any alien (including an alien crewman) in and admitted to the United States
shall, upon the order of the Attorney General, be removed if the alien is within
one or more of the following classes of deportable aliens:
(1) Inadmissible at time of entry or of adjustment of status or violates status
(A) Inadmissible aliens
Any alien who at the time of entry or adjustment of status was within one or more of the classes of aliens inadmissible by the law existing at such time is deportable.
(B) Present in violation of law
Any alien who is present in the United States in violation of this chapter or any other law of the United States is deportable.
(C) Violated nonimmigrant status or condition of entry(i) Nonimmigrant status violators
Any alien who was admitted as a nonimmigrant and who has failed to maintain the nonimmigrant status in which the alien was admitted or to which it was changed under section 1258 of this title, or to comply with the conditions of any such status, is deportable.
(ii) Violators of conditions of entry
Any alien whom the Secretary of Health and Human Services certifies has failed to comply with terms, conditions, and controls that were imposed under section 1182(g) of this title is deportable.(D) Termination of conditional permanent residence
(i) In general
Any alien with permanent resident status on a conditional basis under section 1186a of this title (relating to conditional permanent resident status for certain alien spouses and sons and daughters) or under section 1186b of this title (relating to conditional permanent resident status for certain alien entrepreneurs, spouses, and children) who has had such status terminated under such respective section is deportable.
(ii) Exception
Clause (i) shall not apply in the cases described in section 1186a(c)(4) of this title (relating to certain hardship waivers).(E) Smuggling
(i) In general
Any alien who (prior to the date of entry, at the time of any entry, or within 5 years of the date of any entry) knowingly has encouraged, induced, assisted, abetted, or aided any other alien to enter or to try to enter the United States in violation of law is deportable.
(ii) Special rule in the case of family reunification Clause (i) shall not apply in the case of alien who is an eligible immigrant (as defined in section 301(b)(1) of the Immigration Act of 1990), was physically present in the United States on May 5, 1988, and is seeking admission as an immediate relative or under section 1153(a)(2) of this title (including under section 112 of the Immigration Act of 1990) or benefits under section 301(a) of the Immigration Act of 1990 if the alien, before May 5, 1988, has encouraged, induced, assisted, abetted, or aided only the alien's spouse, parent, son, or daughter (and no other individual) to enter the United States in violation of law.
(iii) Waiver authorized
The Attorney General may, in his discretion for humanitarian purposes, to assure family unity, or when it is otherwise in the public interest, waive application of clause (i) in the case of any alien lawfully admitted for permanent residence if the alien has encouraged, induced, assisted, abetted, or aided only an individual who at the time of the offense was the alien's spouse, parent, son, or daughter (and no other individual) to enter the United States in violation of law.(F) Repealed. Pub. L. 104-208, div. C, title VI, Sec. 671(d)(1)(C), Sept. 30, 1996, 110 Stat. 3009-723
(G) Marriage fraud
An alien shall be considered to be deportable as having procured a visa or other documentation by fraud (within the meaning of section 1182(a)(6)(C)(i) of this title) and to be in the United States in violation of this chapter (within the meaning of subparagraph (B)) if -(i) the alien obtains any admission into the United States with an immigrant visa or other documentation procured on the basis of a marriage entered into less than 2 years prior to such admission of the alien and which, within 2 years subsequent to any admission of the alien in the United States, shall be judicially annulled or terminated, unless the alien establishes to the satisfaction of the Attorney General that such marriage was not contracted for the purpose of evading any provisions of the immigration laws, or
(ii) it appears to the satisfaction of the Attorney General that the alien has failed or refused to fulfill the alien's marital agreement which in the opinion of the Attorney General was made for the purpose of procuring the alien's admission as an immigrant.(H) Waiver authorized for certain misrepresentations
The provisions of this paragraph relating to the removal of aliens within the United States on the ground that they were inadmissible at the time of admission as aliens described in section 1182(a)(6)(C)(i) of this title, whether willful or innocent, may, in the discretion of the Attorney General, be waived for any alien (other than an alien described in paragraph (4)(D)) who -(i)
(I) is the spouse, parent, son, or daughter of a citizen of the United States or of an alien lawfully admitted to the United States for permanent residence; and
(II) was in possession of an immigrant visa or equivalent document and was otherwise admissible to the United States at the time of such admission except for those grounds of inadmissibility specified under paragraphs (5)(A) and (7)(A) of section 1182(a) of this title which were a direct result of that fraud or misrepresentation.(ii) is an alien who qualifies for classification under clause (iii) or (iv) of section 1154(a)(1)(A) of this title or clause (ii) or (iii) of section 1154(a)(1)(B) of this title. A waiver of removal for fraud or misrepresentation granted under this subparagraph shall also operate to waive removal based on the grounds of inadmissibility directly resulting from such fraud or misrepresentation.
(2) Criminal offenses
(A) General crimes
(i) Crimes of moral turpitude
Any alien who -(I) is convicted of a crime involving moral turpitude committed within five years (or 10 years in the case of an alien provided lawful permanent resident status under section 1255(j) of this title) after the date of admission,
and
(II) is convicted of a crime for which a sentence of one year or longer may be imposed, is deportable.(ii) Multiple criminal convictions
Any alien who at any time after admission is convicted of two or more crimes involving moral turpitude, not arising out of a single scheme of criminal misconduct, regardless of whether confined therefor and regardless of whether the convictions were in a single trial, is deportable.
(iii) Aggravated felony
Any alien who is convicted of an aggravated felony at any time after admission is deportable.
(iv) High speed flight
Any alien who is convicted of a violation of section 758 of title 18 (relating to high speed flight from an immigration checkpoint) is deportable.
(v) Waiver authorized
Clauses (i), (ii), (iii), and (iv) shall not apply in the case of an alien with respect to a criminal conviction if the alien subsequent to the criminal conviction has been granted a full and unconditional pardon by the President of the United States or by the Governor of any of the several States.(B) Controlled substances
(i) Conviction
Any alien who at any time after admission has been convicted of a violation of (or a conspiracy or attempt to violate) any law or regulation of a State, the United States, or a foreign country relating to a controlled substance (as defined in section 802 of title 21), other than a single offense involving possession for one's own use of 30 grams or less of marijuana, is deportable.
(ii) Drug abusers and addicts
Any alien who is, or at any time after admission has been, a drug abuser or addict is deportable.(C) Certain firearm offenses
Any alien who at any time after admission is convicted under any law of purchasing, selling, offering for sale, exchanging, using, owning, possessing, or carrying, or of attempting or conspiring to purchase, sell, offer for sale, exchange, use, own, possess, or carry, any weapon, part, or accessory which is a firearm or destructive device (as defined in section 921(a) of title 18) in violation of any law is deportable.
(D) Miscellaneous crimes
Any alien who at any time has been convicted (the judgment on such conviction becoming final) of, or has been so convicted of a conspiracy or attempt to violate -(i) any offense under chapter 37 (relating to espionage), chapter 105 (relating to sabotage), or chapter 115 (relating to treason and sedition) of title 18 for which a term of imprisonment of five or more years may be imposed;
(ii) any offense under section 871 or 960 of title 18;
(iii) a violation of any provision of the Military Selective Service Act (50 U.S.C. App. 451 et seq.) or the Trading With the Enemy Act (50 U.S.C. App. 1 et seq.); or
(iv) a violation of section 1185 or 1328 of this title, is deportable.(E) Crimes of domestic violence, stalking, or violation of protection order, crimes against children and
(i) Domestic violence, stalking, and child abuse
Any alien who at any time after admission is convicted of a crime of domestic violence, a crime of stalking, or a crime of child abuse, child neglect, or child abandonment is deportable. For purposes of this clause, the term ''crime of domestic violence'' means any crime of violence (as defined in section 16 of title 18) against a person committed by a current or former spouse of the person, by an individual with whom the person shares a child in common, by an individual who is cohabiting with or has cohabited with the person as a spouse, by an individual similarly situated to a spouse of the person under the domestic or family violence laws of the jurisdiction where the offense occurs, or by any other individual against a person who is protected from that individual's acts under the domestic or family violence laws of the United States or any State, Indian tribal government, or unit of local government.
(ii) Violators of protection orders
Any alien who at any time after admission is enjoined under a protection order issued by a court and whom the court determines has engaged in conduct that violates the portion of a protection order that involves protection against credible threats of violence, repeated harassment, or bodily injury to the person or persons for whom the protection order was issued is deportable. For purposes of this clause, the term ''protection order'' means any injunction issued for the purpose of preventing violent or threatening acts of domestic violence, including temporary or final orders issued by civil or criminal courts (other than support or child custody orders or provisions) whether obtained by filing an independent action or as a pendente lite ("legal action is pending") order in another proceeding.(3) Failure to register and falsification of documents
(A) Change of address
An alien who has failed to comply with the provisions of section 1305 of this title is deportable, unless the alien establishes to the satisfaction of the Attorney General that such failure was reasonably excusable or was not willful.
(B) Failure to register or falsification of documents
Any alien who at any time has been convicted -(i) under section 1306(c) of this title or under section 36(c) of the Alien Registration Act, 1940,
(ii) of a violation of, or an attempt or a conspiracy to violate, any provision of the Foreign Agents Registration Act of 1938 (22 U.S.C. 611 et seq.), or
(iii) of a violation of, or an attempt or a conspiracy to violate, section 1546 of title 18 (relating to fraud and misuse of visas, permits, and other entry documents), is deportable.(C) Document fraud
(i) In general
An alien who is the subject of a final order for violation of section 1324c of this title is deportable.
(ii) Waiver authorized
The Attorney General may waive clause (i) in the case of an alien lawfully admitted for permanent residence if no previous civil money penalty was imposed against the alien under section 1324c of this title and the offense was incurred solely to assist, aid, or support the alien's spouse or child (and no other individual). No court shall have jurisdiction to review a decision of the Attorney General to grant or deny a waiver under this clause.(D) Falsely claiming citizenship
(i) In general
Any alien who falsely represents, or has falsely represented, himself to be a citizen of the United States for any purpose or benefit under this chapter (including section 1324a of this title) or any Federal or State law is deportable.
(ii) Exception
In the case of an alien making a representation described in clause (i), if each natural parent of the alien (or, in the case of an adopted alien, each adoptive parent of the alien) is or was a citizen (whether by birth or naturalization), the alien permanently resided in the United States prior to attaining the age of 16, and the alien reasonably believed at the time of making such representation that he or she was a citizen, the alien shall not be considered to be deportable under any provision of this subsection based on such representation.(4) Security and related grounds
(A) In general
Any alien who has engaged, is engaged, or at any time after admission engages in -(i) any activity to violate any law of the United States relating to espionage or sabotage or to violate or evade any law prohibiting the export from the United States of goods, technology, or sensitive information,
(ii) any other criminal activity which endangers public safety or national security, or
(iii) any activity a purpose of which is the opposition to, or the control or overthrow of, the Government of the United States by force, violence, or other unlawful means, is deportable.(<-- Previous Changes)
(B) Terrorist activities
Any alien who has engaged, is engaged, or at any time after admission engages in any terrorist activity (as defined in section1182(a)(3)(B)(iii)1182(a)(3)(B)(iv)* of this title) is deportable.
(C) Foreign policy
(i) In general
An alien whose presence or activities in the United States the Secretary of State has reasonable ground to believe would have potentially serious adverse foreign policy consequences for the United States is deportable.
(ii) Exceptions
The exceptions described in clauses (ii) and (iii) of section 1182(a)(3)(C) of this title shall apply to deportability under clause (i) in the same manner as they apply to inadmissibility under section 1182(a)(3)(C)(i) of this title.
(D) Assisted in Nazi persecution or engaged in genocide. Any alien described in clause (i) or (ii) of section 1182(a)(3)(E) of this title is deportable.(<-- Previous Patriot II Changes)
(E) An alien whose presence or activities in the United States the Attorney General has reason to believe pose a danger to the national security of the United States, as defined in section 219(c)(2) of the Act is removable.
(F) An alien whom the Attorney General has reason to believe is charged with or has committed a serious criminal offense in a country other than the United States is removable.
(Next Changes->)
(Next Patriot II Changes->)(5) Public charge
Any alien who, within five years after the date of entry, has become a public charge from causes not affirmatively shown to have arisen since entry is deportable.
(6) Unlawful voters(A) In general
Any alien who has voted in violation of any Federal, State, or local constitutional provision, statute, ordinance, or regulation is deportable.
(B) Exception
In the case of an alien who voted in a Federal, State, or local election (including an initiative, recall, or referendum) in violation of a lawful restriction of voting to citizens, if each natural parent of the alien (or, in the case of an adopted alien, each adoptive parent of the alien) is or was a citizen (whether by birth or naturalization), the alien permanently resided in the United States prior to attaining the age of 16, and the alien reasonably believed at the time of such violation that he or she was a citizen, the alien shall not be considered to be deportable under any provision of this subsection based on such violation.(7) Waiver for victims of domestic violence
(A) In general
The Attorney General is not limited by the criminal court record and may waive the application of paragraph (2)(E)(i) (with respect to crimes of domestic violence and crimes of stalking) and (ii) in the case of an alien who has been battered or subjected to extreme cruelty and who is not and was not the primary perpetrator of violence in the relationship -(i) upon a determination that -
(I) the alien was acting is (FOOTNOTE 1) self-defense;
(FOOTNOTE 1) So in original. Probably should be ''in''.
(II) the alien was found to have violated a protection order intended to protect the alien; or
(III) the alien committed, was arrested for, was convicted of, or pled guilty to committing a crime -(aa) that did not result in serious bodily injury; and
(bb) where there was a connection between the crime and the alien's having been battered or subjected to extreme cruelty.(B) Credible evidence considered
In acting on applications under this paragraph, the Attorney General shall consider any credible evidence relevant to the application. The determination of what evidence is credible and the weight to be given that evidence shall be within the sole discretion of the Attorney General.
subsections (b) and (c) remaining, omitted
misc administrative details omitted
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 1154, 1158, 1226, 1226a, 1228, 1229a,
1229b, 1229c, 1231, 1252, 1253, 1255, 1259, 1364, 1367, 1371, 1531 of this
title;
title 42 sections 402, 1004.
8 USC Sec. 1228 Has Changes 01/22/02
Sec. 1228. Expedited removal of aliens convicted of committing aggravated
felonies
(a) Removal of criminal aliens
(1) in general
The Attorney General shall provide for the availability of special removal proceedings at certain Federal, State, and local correctional facilities for aliens convicted of any criminal offense covered in section 1227(a)(2)(A)(iii), (B), (C), or (D) of this title, or any offense covered by section 1227(a)(2)(A)(ii) of this title for which both predicate offenses are, without regard to the date of their commission, otherwise covered by section 1227(a)(2)(A)(i) of this title. Such proceedings shall be conducted in conformity with section 1229a of this title (except as otherwise provided in this section), and in a manner which eliminates the need for additional detention at any processing center of the Service and in a manner which assures expeditious removal following the end of the alien's incarceration for the underlying sentence. Nothing in this section shall be construed to create any substantive or procedural right or benefit that is legally enforceable by any party against the United States or its agencies or officers or any other person.
(2) Implementation
With respect to an alien convicted of an aggravated felony who is taken into custody by the Attorney General pursuant to section 1226(c) of this title, the Attorney General shall, to the maximum extent practicable, detain any such felon at a facility at which other such aliens are detained. In the selection of such facility, the Attorney General shall make reasonable efforts to ensure that the alien's access to counsel and right to counsel under section 1362 of this title are not impaired.
(3) Expedited proceedings(A) Notwithstanding any other provision of law, the Attorney General shall provide for the initiation and, to the extent possible, the completion of removal proceedings, and any administrative appeals thereof, in the case of any alien convicted of an aggravated felony before the alien's release from incarceration for the underlying aggravated felony.
(B) Nothing in this section shall be construed as requiring the Attorney General to effect the removal of any alien sentenced to actual incarceration, before release from the penitentiary or correctional institution where such alien is confined.(4) Review
(A) The Attorney General shall review and evaluate removal proceedings conducted under this section.
(B) The Comptroller General shall monitor, review, and evaluate removal proceedings conducted under this section. Within 18 months after the effective date of this section, the Comptroller General shall submit a report to such Committees concerning the extent to which removal proceedings conducted under this section may adversely affect the ability of such aliens to contest removal effectively.
(<-- Previous Changes)
(<-- Previous Patriot II Changes)
(b) Removal of aliens who
are not permanent residents Removal of
Criminal Aliens. --
(1) The Attorney General may, in the case of an alien described in paragraph (2), determine the deportability of such alien
under section 1227(a)(2)(A)(iii) of this title (relating to conviction of an aggravated felony), (Pat II) and issue an order of removal pursuant to the procedures set forth in this subsection or section 1229aof this title(Pat II).
(2) An alien is described in this paragraph if the alien, whether or not admitted into the United States, was convicted of any criminal offense covered in 237(a)(2)(A)(iii)*, (B)*, (C)*, or (D), without regard to its date of commission.
(A) was not lawfully admitted for permanent residence at the time at which proceedings under this section commenced; or(Pat II)
(B) had permanent resident status on a conditional basis (as described in section 1186a of this title) at the time that proceedings under this section commenced.
(3) The Attorney General may not execute any order described in paragraph (1) until 14 calendar days have passed from the date that such order was issued, unless waived by the alien, in order that the alien has an opportunity to apply for judicial review under section 1252 of this title.
(3) The Attorney General in his discretion may at any time execute any order described in paragraph (1), except during the 14 calendar day period after the date that such order was issued, unless waived by the alien, in order that the alien has an opportunity to apply for judicial review under section 242, or if the removal has been stayed under section 242(f)(2) of the Act. Notwithstanding any other provision of law including section 2241 of title 28, United States Code, no court other than a court of appeals pursuant to its jurisdiction under section 242 of this Act shall have jurisdiction to review or set aside any order, action, or decision taken or issued pursuant to this subsection. Review in the court of appeals shall be limited to determining whether the petitioner(i) is an alien and
(ii) is subject to a final judgment of conviction for an offense covered in section 237(a)(2)(A)(iii)*, (B)*, (C)*, or (D).(4) Proceedings before the Attorney General under this subsection shall be in accordance with such regulations as the Attorney General shall prescribe. The Attorney General shall provide that -
(A) the alien is given reasonable notice of the charges and of the opportunity described in subparagraph (C);
(B) the alien shall have the privilege of being represented (at no expense to the government) by such counsel, authorized to practice in such proceedings, as the alien shall choose;
(C) the alien has a reasonable opportunity to inspect the evidence and rebut the charges;
(D) a determination is made for the record that the individual upon whom the notice for the proceeding under this section is served (either in person or by mail) is, in fact, the alien named in such notice;
(E) a record is maintained for judicial review; and
(F) the final order of removal is not adjudicated by the same person who issues the charges.(5) No alien described in this section shall be eligible for any relief from removal that the Attorney General may grant in the Attorney General's discretion.
(c) (FOOTNOTE 1)
Presumption of deportability
(FOOTNOTE 1) So in original. Two subsecs. (c) have been enacted.
An alien convicted of an aggravated felony shall be conclusively presumed to be
deportable from the United States.
(c)
(d) (FOOTNOTE 1)
Judicial removal Stipulated judicial
order of deportation. --
(1) Authority
Notwithstanding any other provision of this chapter, a United States district court shall have jurisdiction to enter a judicial order of removal at the time of sentencing against an alien who is deportable, if such an order has been requested by the United States Attorney with the concurrence of the Commissioner and if the court chooses to exercise such jurisdiction.
(2) Procedure
(A) The United States Attorney shall file with the United States district court, and serve upon the defendant and the Service, prior to commencement of the trial or entry of a guilty plea a notice of intent to request judicial removal.
(B) Notwithstanding section 1252b (FOOTNOTE 2) of this title, the United States Attorney, with the concurrence of the Commissioner, shall file at least 30 days prior to the date set for sentencing a charge containing factual allegations regarding the alienage of the defendant and identifying the crime or crimes which make the defendant deportable under section 1227(a)(2)(A) of this title.
(FOOTNOTE 2) See References in Text note below.
(C) If the court determines that the defendant has presented substantial evidence to establish prima facie eligibility for relief from removal under this chapter, the Commissioner shall provide the court with a recommendation and report regarding the alien's eligibility for relief. The court shall either grant or deny the relief sought.
(D)(
i) The alien shall have a reasonable opportunity to examine the evidence against him or her, to present evidence on his or her own behalf, and to cross-examine witnesses presented by the Government.
(ii) The court, for the purposes of determining whether to enter an order described in paragraph (1), shall only consider evidence that would be admissible in proceedings conducted pursuant to section 1229a of this title.
(iii) Nothing in this subsection shall limit the information a court of the United States may receive or consider for the purposes of imposing an appropriate sentence.
(iv) The court may order the alien removed if the Attorney General demonstrates that the alien is deportable under this chapter.
(3) Notice, appeal, and execution of judicial order of removal
(A)
(i) A judicial order of removal or denial of such order may be appealed by either party to the court of appeals for the circuit in which the district court is located.
(ii) Except as provided in clause (iii), such appeal shall be considered consistent with the requirements described in section 1252 of this title.
(iii) Upon execution by the defendant of a valid waiver of the right to appeal the conviction on which the order of removal is based, the expiration of the period described in section 1252(b)(1) of this title, or the final dismissal of an appeal from such conviction, the order of removal shall become final and shall be executed at the end of the prison term in accordance with the terms of the order. If the conviction is reversed on direct appeal, the order entered pursuant to this section shall be void.
(B) As soon as is practicable after entry of a judicial order of removal, the Commissioner shall provide the defendant with written notice of the order of removal, which shall designate the defendant's country of choice for removal and any alternate country pursuant to section 1253(a) (FOOTNOTE 2) of this title.
(4) Denial of judicial order
Denial of a request for a judicial order of removal shall not preclude the Attorney General from initiating removal proceedings pursuant to section 1229a of this title upon the same ground of deportability or upon any other ground of deportability provided under section 1227(a) of this title.
(5)Stipulated judicial order of removal(Pat II)
The United States Attorney, with the concurrence of the Commissioner,(Pat II) may, pursuant to Federal Rule of Criminal Procedure 11, enter into a plea agreement which calls for the alien, who is deportable under this chapter,(Pat II) to waive the right to notice and a hearing under this section, and stipulate to the entry of a judicial order ofremovaldeportation from the United States as a condition of the plea agreement or as a condition of probation or supervised release, or both. The United States district court, in both felony and misdemeanor cases, and a United States magistrate judge in misdemeanor cases, may accept such a stipulation and shall have jurisdiction to enter a judicial order ofremovaldeportation pursuant to the terms of such stipulation.
(Next Changes->)
(Next Patriot II Changes->)
misc admin details
omitted
REFERENCES TO ORDER OF REMOVAL DEEMED TO INCLUDE ORDER OF EXCLUSION AND
DEPORTATION
For purposes of carrying out this chapter, any
reference in law to an order of removal is deemed to include a reference to an
order of exclusion and deportation or an order of deportation, see section
309(d)(2) of Pub. L. 104-208, set out in an Effective Date of 1996 Amendments
note under section 1101 of this title.
EXPANDED SPECIAL REMOVAL PROCEEDINGS
Section 130007 of Pub. L. 103-322, as amended by Pub.
L. 104-208, div. C, title III, Sec. 308(g)(5)(F), (10)(F), title VI, Sec.
671(a)(6), Sept. 30, 1996, 110 Stat. 3009-623, 3009-625, 3009-721, provided
that:
''(a) In General. - Subject to the availability of
appropriations, the Attorney General may expand the program authorized by
section(s) 238(a)(3) and 239(d) of the Immigration and Nationality Act (8 U.S.C.
1228(a)(3), 1229(d)) to ensure that such aliens are immediately deportable upon
their release from incarceration.
''(b) Detention and Removal of Criminal Aliens. -
Subject to the availability of appropriations, the Attorney General may -
''(1) construct or contract for the construction of 2
Immigration and Naturalization Service Processing Centers to detain criminal
aliens; and
''(2) provide for the detention and removal of such
aliens.
''(c) Report. - By September 30, 1996, and September
30, 1998 the Attorney General shall report to the Congress on the programs
referred to in subsections (a) and (b). The report shall include an evaluation
of the programs, an outcome-based measurement of performance, and an analysis of
the cost effectiveness of the additional resources provided under this Act (see
Tables for classification).
''(d) Authorization of Appropriations. - There are
authorized to be appropriated to carry out this section -
''(1) $55,000,000 for fiscal year 1995;
''(2) $54,000,000 for fiscal year 1996;
''(3) $49,000,000 for fiscal year 1997; and
''(4) $2,000,000 for fiscal year 1998.''
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 1229a, 1368 of this title;
title 18 section 3563.
8 USC Sec. 1231 (extract) Has
Changes
01/22/02
Sec. 1231. Detention and removal of aliens ordered removed
(a) Detention, release, and removal of aliens ordered
removed
(1) Removal period
(A) In general
Except as otherwise provided in this section, when an alien is ordered removed, the Attorney General shall remove the alien from the United States within a period of 90 days (in this section referred to as the ''removal period'').
(B) - (C) = details of removal period, omitted.(2) Detention
During the removal period, the Attorney General shall detain the alien. Under no circumstance during the removal period shall the Attorney General release an alien who has been found inadmissible under section 1182(a)(2) or 1182(a)(3)(B) of this title or deportable under section 1227(a)(2) or 1227(a)(4)(B) of this title. (e.g. criminals and terrorists)
(3) Supervision after 90-day period
If the alien does not leave or is not removed within the removal period, the alien, pending removal, shall be subject to supervision under regulations prescribed by the Attorney General. The regulations shall include provisions requiring the alien -(A) to appear before an immigration officer periodically for identification;
(B) to submit, if necessary, to a medical and psychiatric examination at the expense of the United States Government;
(C) to give information under oath about the alien's nationality, circumstances, habits, associations, and activities, and other information the Attorney General considers appropriate; and
(D) to obey reasonable written restrictions on the alien's conduct or activities that the Attorney General prescribes for the alien.(4)- (7) omitted
(b) Countries to which aliens may be removed
(1) Aliens arriving at the United States
Subject to paragraph (3) -(A) In general
Except as provided by subparagraphs (B) and (C), an alien who arrives at the United States and with respect to whom proceedings under section 1229a (removal proceedings) of this title were initiated at the time of such alien's arrival shall be removed to the country in which the alien boarded the vessel or aircraft on which the alien arrived in the United States.
(B) Travel from contiguous territory
If the alien boarded the vessel or aircraft on which the alien arrived in the United States in a foreign territory contiguous to the United States, an island adjacent to the United States, or an island adjacent to a foreign territory contiguous to the United States, and the alien is not a native, citizen, subject, or national of, or does not reside in, the territory or island, removal shall be to the country in which the alien boarded the vessel that transported the alien to the territory or island.
(C) Alternative countries
If the government of the country designated in subparagraph (A) or (B) is unwilling to accept the alien into that country's territory, removal shall be to any of the following countries, as directed by the Attorney General:(i) The country of which the alien is a citizen, subject, or national.
(ii) The country in which the alien was born.
(iii) The country in which the alien has a residence.
(iv) A country with a government that will accept the alien into the country's territory if removal to each country described in a previous clause of this subparagraph is impracticable, inadvisable, or impossible.(<-- Previous Changes)
(<-- Previous Patriot II Changes)
(D) OTHER PLACES OF REMOVAL. --(i) The Attorney General may direct that the alien be removed to another country or region if the Attorney General determines that removal to any country specified in the preceding subparagraphs is impracticable, inadvisable or impossible.
(ii) The Attorney General may direct that an alien be removed to any country or region regardless of whether the country or region has a government, recognized by the United States or otherwise.
(Next Changes->)
(Next Patriot II Changes->)(2) Other aliens
Subject to paragraph (3) -(A) Selection of country by alien
Except as otherwise provided in this paragraph -(i) any alien not described in paragraph (1) who has been ordered removed may designate one country to which the alien wants to be removed, and
(ii) the Attorney General shall remove the alien to the country the alien so designates.(B) Limitation on designation
An alien may designate under subparagraph (A)(i) a foreign territory contiguous to the United States, an adjacent island, or an island adjacent to a foreign territory contiguous to the United States as the place to which the alien is to be removed only if the alien is a native, citizen, subject, or national of, or has resided in, that designated territory or island.
(C) Disregarding designation
The Attorney General may disregard a designation under subparagraph (A)(i) if -(i) the alien fails to designate a country promptly;
(ii) the government of the country does not inform the Attorney General finally, within 30 days after the date the Attorney General first inquires, whether the government will accept the alien into the country;
(iii) the government of the country is not willing to accept the alien into the country; or
(iv) the Attorney General decides that removing the alien to the country is prejudicial to the United States.(D) Alternative country
If an alien is not removed to a country designated under subparagraph (A)(i), the Attorney General shall remove the alien to a country of which the alien is a subject, national, or citizen unless the government of the country -(i) does not inform the Attorney General or the alien finally, within 30 days after the date the Attorney General first inquires or within another period of time the Attorney General decides is reasonable, whether the government will accept the alien into the country; or
(ii) is not willing to accept the alien into the country.(E) Additional removal countries
If an alien is not removed to a country under the previous subparagraphs of this paragraph, the Attorney General shall remove the alien to any of the following countries:(i) The country from which the alien was admitted to the United States.
(ii) The country in which is located the foreign port from which the alien left for the United States or for a foreign territory contiguous to the United States.
(iii) A country in which the alien resided before the alien entered the country from which the alien entered the United States.
(iv) The country in which the alien was born.
(v) The country that had sovereignty over the alien's birthplace when the alien was born.
(vi) The country in which the alien's birthplace is located when the alien is ordered removed.
(vii) If impracticable, inadvisable, or impossible to remove the alien to each country described in a previous clause of this subparagraph, another country whose government will accept the alien into that country.
(F) Removal country when United States is at war When the United States is at war and the Attorney General decides that it is impracticable, inadvisable, inconvenient, or impossible to remove an alien under this subsection because of the war, the Attorney General may remove the alien-(i) to the country that is host to a government in exile of the country of which the alien is a citizen or subject if the government of the host country will permit the alien's entry; or
(ii) if the recognized government of the country of which the alien is a citizen or subject is not in exile, to a country, or a political or territorial subdivision of a country, that is very near the country of which the alien is a citizen or subject, or, with the consent of the government of the country of which the alien is a citizen or subject, to another country.(<-- Previous Changes)
(<-- Previous Patriot II Changes)
(G) OTHER PLACES OF REMOVAL. --(i) The Attorney General may direct that the alien be removed to another country or region if the Attorney General determines that removal to any country specified in the preceding subparagraphs is impracticable, inadvisable or impossible.
(ii) The Attorney General may direct that an alien be removed to any country or region regardless of whether the country or region has a government, recognized by the United States or otherwise.
(Next Changes->)
(Next Patriot II Changes->)(3) Restriction on removal to a country where alien's life or freedom would be threatened
(A) In general
Notwithstanding paragraphs (1) and (2), the Attorney General may not remove an alien to a country if the Attorney General decides that the alien's life or freedom would be threatened in that country because of the alien's race, religion, nationality, membership in a particular social group, or political opinion.
(B) Exception
Subparagraph (A) does not apply to an alien deportable under section 1227(a)(4)(D) of this title or if the Attorney General decides that -(i) the alien ordered, incited, assisted, or otherwise participated in the persecution of an individual because of the individual's race, religion, nationality, membership in a particular social group, or political opinion;
(ii) the alien, having been convicted by a final judgment of a particularly serious crime is a danger to the community of the United States;
(iii) there are serious reasons to believe that the alien committed a serious nonpolitical crime outside the United States before the alien arrived in the United States; or
(iv) there are reasonable grounds to believe that the alien is a danger to the security of the United States. For purposes of clause (ii), an alien who has been convicted of an aggravated felony (or felonies) for which the alien has been sentenced to an aggregate term of imprisonment of at least 5 years shall be considered to have committed a particularly serious crime. The previous sentence shall not preclude the Attorney General from determining that, notwithstanding the length of sentence imposed, an alien has been convicted of a particularly serious crime. For purposes of clause (iv), an alien who is described in section 1227(a)(4)(B) of this title shall be considered to be an alien with respect to whom there are reasonable grounds for regarding as a danger to the security of the United States.
Subsections (c)- (f) omitted
(1) In general
The Attorney General shall arrange for appropriate places of detention for aliens detained pending removal or a decision on removal. When United States Government facilities are unavailable or facilities adapted or suitably located for detention are unavailable for rental, the Attorney General may expend from the appropriation ''Immigration and Naturalization Service - Salaries and Expenses'', without regard to section 5 of title 41, amounts necessary to acquire land and to acquire, build, remodel, repair, and operate facilities (including living quarters for immigration officers if not otherwise available) necessary for detention.
(2) Detention facilities of the Immigration and Naturalization Service
Prior to initiating any project for the construction of any new detention facility for the Service, the Commissioner shall consider the availability for purchase or lease of any existing prison, jail, detention center, or other comparable facility suitable for such use.
Subsections (h) - (i) remaining, omitted
-SOURCE-
(June 27, 1952, ch. 477, title II, ch. 4, Sec. 241, as added and amended Pub. L.
104-208, div. C, title III, Sec. 305(a)(3), 306(a)(1), 328(a)(1), Sept. 30,
1996, 110 Stat. 3009-598, 3009-607, 3009-630.)
misc administrative details omitted
EFFECTIVE DATE
Section effective, with certain transitional provisions, on the first day of the
first month beginning more than 180 days after Sept. 30, 1996, see section 309
of Pub. L. 104-208, set out as an Effective Date of 1996 Amendments note under
section 1101 of this title.
UNITED STATES POLICY WITH RESPECT TO INVOLUNTARY RETURN OF PERSONS IN DANGER OF
SUBJECTION TO TORTURE
Pub. L. 105-277, div. G, subdiv. B, title XXII, Sec. 2242, Oct. 21, 1998, 112
Stat. 2681-822, provided that:
''(a) Policy. - It shall be the policy of the United
States not to expel, extradite, or otherwise effect the involuntary return of
any person to a country in which there are substantial grounds for believing the
person would be in danger of being subjected to torture, regardless of whether
the person is physically present in the United States.
''(b) Regulations. - Not later than 120 days after the
date of enactment of this Act (Oct. 21, 1998), the heads of the appropriate
agencies shall prescribe regulations to implement the obligations of the United
States under Article 3 of the United Nations Convention Against Torture and
Other Forms of Cruel, Inhuman or Degrading Treatment or Punishment, subject to
any reservations, understandings, declarations, and provisos contained in the
United States Senate resolution of ratification of the Convention.
''(c) Exclusion of Certain Aliens. - To the maximum
extent consistent with the obligations of the United States under the
Convention, subject to any reservations, understandings, declarations, and
provisos contained in the United States Senate resolution of ratification of the
Convention, the regulations described in subsection (b) shall exclude from the
protection of such regulations aliens described in section 241(b)(3)(B) of the
Immigration and Nationality Act (8 U.S.C. 1231(b)(3)(B)).
''(d) Review and Construction. - Notwithstanding any
other provision of law, and except as provided in the regulations described in
subsection (b), no court shall have jurisdiction to review the regulations
adopted to implement this section, and nothing in this section shall be
construed as providing any court jurisdiction to consider or review claims
raised under the Convention or this section, or any other determination made
with respect to the application of the policy set forth in subsection (a),
except as part of the review of a final order of removal pursuant to section 242
of the Immigration and Nationality Act (8 U.S.C. 1252).
''(e) Authority To Detain. - Nothing in this section
shall be construed as limiting the authority of the Attorney General to detain
any person under any provision of law, including, but not limited to, any
provision of the Immigration and Nationality Act (8 U.S.C. 1101 et seq.).
''(f) Definitions. -
''(1) Convention defined. - In this section, the term 'Convention' means the United Nations Convention Against Torture and Other Forms of Cruel, Inhuman or Degrading Treatment or Punishment, done at New York on December 10, 1984.
''(2) Same terms as in the convention. - Except as otherwise provided, the terms used in this section have the meanings given those terms in the Convention, subject to any reservations, understandings, declarations, and provisos contained in the United States Senate resolution of ratification of the Convention.''
misc administrative details omitted
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 1158, 1159, 1182, 1184, 1226a, 1229a,
1229b, 1252, 1253, 1324c, 1326, 1368, 1371, 1534, 1612, 1613, 1622, 1641 of this
title;
title 7 section 2015;
title 42 sections 1436a, 13710.
8 USC Sec. 1252 Has Changes 01/22/02
TITLE 8 - ALIENS AND NATIONALITY
CHAPTER 12 - IMMIGRATION AND NATIONALITY
SUBCHAPTER II - IMMIGRATION
Part V - Adjustment and Change of Status
Sec. 1252. Judicial review of orders of removal
(a) Applicable provisions
(1) General orders of removal
Judicial review of a final order of removal (other than an order of removal without a hearing pursuant to section 1225(b)(1) of this title) is governed only by chapter 158 of title 28, except as provided in subsection (b) of this section and except that the court may not order the taking of additional evidence under section 2347(c) of such title.
(2) Matters not subject to judicial review(A) Review relating to section 1225(b)(1) Notwithstanding any other provision of law, no court shall have jurisdiction to review -
(i) except as provided in subsection (e) of this section, any individual determination or to entertain any other cause or claim arising from or relating to the implementation or operation of an order of removal pursuant to section 1225(b)(1) of this title,
(ii) except as provided in subsection (e) of this section, a decision by the Attorney General to invoke the provisions of such section,
(iii) the application of such section to individual aliens, including the determination made under section 1225(b)(1)(B) of this title, or
(iv) except as provided in subsection (e) of this section, procedures and policies adopted by the Attorney General to implement the provisions of section 1225(b)(1) of this title.(B) Denials of discretionary relief
Notwithstanding any other provision of law, no court shall have jurisdiction to review -(i) any judgment regarding the granting of relief under section 1182(h), 1182(i), 1229b, 1229c, or 1255 of this title, or
(ii) any other decision or action of the Attorney General the authority for which is specified under this subchapter to be in the discretion of the Attorney General, other than the granting of relief under section 1158(a) of this title.(C) Orders against criminal aliens
Notwithstanding any other provision of law, no court shall have jurisdiction to review any final order of removal against an alien who is removable by reason of having committed a criminal offense covered in section 1182(a)(2) or 1227(a)(2)(A)(iii), (B), (C), or (D) of this title, or any offense covered by section 1227(a)(2)(A)(ii) of this title for which both predicate offenses are, without regard to their date of commission, otherwise covered by section 1227(a)(2)(A)(i) of this title.(3) Treatment of certain decisions
No alien shall have a right to appeal from a decision of an immigration judge which is based solely on a certification described in section 1229a(c)(1)(B) of this title.
(b) Requirements for review of orders of removal With respect to review of an order of removal under subsection (a)(1) of this section, the following requirements apply:
(1) Deadline
The petition for review must be filed not later than 30 days after the date of the final order of removal.
(2) Venue and forms
The petition for review shall be filed with the court of appeals for the judicial circuit in which the immigration judge completed the proceedings. The record and briefs do not have to be printed. The court of appeals shall review the proceeding on a typewritten record and on typewritten briefs.
(3) Service(A) In general
The respondent is the Attorney General. The petition shall be served on the Attorney General and on the officer or employee of the Service in charge of the Service district in which the final order of removal under section 1229a of this title was entered.
(B) Stay of order
Service of the petition on the officer or employee does not stay the removal of an alien pending the court's decision on the petition, unless the court orders otherwise.
(C) Alien's brief
The alien shall serve and file a brief in connection with a petition for judicial review not later than 40 days after the date on which the administrative record is available, and may serve and file a reply brief not later than 14 days after service of the brief of the Attorney General, and the court may not extend these deadlines except upon motion for good cause shown. If an alien fails to file a brief within the time provided in this paragraph, the court shall dismiss the appeal unless a manifest injustice would result.(4) Scope and standard for review
Except as provided in paragraph (5)(B) -(A) the court of appeals shall decide the petition only on the administrative record on which the order of removal is based,
(B) the administrative findings of fact are conclusive unless any reasonable adjudicator would be compelled to conclude to the contrary,
(C) a decision that an alien is not eligible for admission to the United States is conclusive unless manifestly contrary to law, and
(D) the Attorney General's discretionary judgment whether to grant relief under section 1158(a) of this title shall be conclusive unless manifestly contrary to the law and an abuse of discretion.(5) Treatment of nationality claims
(A) Court determination if no issue of fact
If the petitioner claims to be a national of the United States and the court of appeals finds from the pleadings and affidavits that no genuine issue of material fact about the petitioner's nationality is presented, the court shall decide the nationality claim.
(B) Transfer if issue of fact
If the petitioner claims to be a national of the United States and the court of appeals finds that a genuine issue of material fact about the petitioner's nationality is presented, the court shall transfer the proceeding to the district court of the United States for the judicial district in which the petitioner resides for a new hearing on the nationality claim and a decision on that claim as if an action had been brought in the district court under section 2201 of title 28.
(C) Limitation on determination
The petitioner may have such nationality claim decided only as provided in this paragraph.(6) Consolidation with review of motions to reopen or reconsider
When a petitioner seeks review of an order under this section, any review sought of a motion to reopen or reconsider the order shall be consolidated with the review of the order.
(7) Challenge to validity of orders in certain criminal proceedings(A) In general
If the validity of an order of removal has not been judicially decided, a defendant in a criminal proceeding charged with violating section 1253(a) of this title may challenge the validity of the order in the criminal proceeding only by filing a separate motion before trial. The district court, without a jury, shall decide the motion before trial.
(B) Claims of United States nationality
If the defendant claims in the motion to be a national of the United States and the district court finds that -(i) no genuine issue of material fact about the defendant's nationality is presented, the court shall decide the motion only on the administrative record on which the removal order is based and the administrative findings of fact are conclusive if supported by reasonable, substantial, and probative evidence on the record considered as a whole; or
(ii) a genuine issue of material fact about the defendant's nationality is presented, the court shall hold a new hearing on the nationality claim and decide that claim as if an action had been brought under section 2201 of title 28.The defendant may have such nationality claim decided only as provided in this subparagraph.
(C) Consequence of invalidation
If the district court rules that the removal order is invalid, the court shall dismiss the indictment for violation of section 1253(a) of this title. The United States Government may appeal the dismissal to the court of appeals for the appropriate circuit within 30 days after the date of the dismissal.
(D) Limitation on filing petitions for review
The defendant in a criminal proceeding under section 1253(a) of this title may not file a petition for review under subsection (a) of this section during the criminal proceeding.(8) Construction
This subsection -(A) does not prevent the Attorney General, after a final order of removal has been issued, from detaining the alien under section 1231(a) of this title;
(B) does not relieve the alien from complying with section 1231(a)(4) of this title and section 1253(g) (FOOTNOTE 1) of this title; and
(FOOTNOTE 1) See References in Text note below.
(C) does not require the Attorney General to defer removal of the alien.(9) Consolidation of questions for judicial review
Judicial review of all questions of law and fact, including interpretation and application of constitutional and statutory provisions, arising from any action taken or proceeding brought to remove an alien from the United States under this subchapter shall be available only in judicial review of a final order under this section.
(c) Requirements for petition
A petition for review or for habeas corpus of an order of removal -
(1) shall attach a copy of such order, and
(2) shall state whether a court has upheld the validity of the order, and, if so, shall state the name of the court, the date of the court's ruling, and the kind of proceeding.
(d) Review of final orders
A court may review a final order of removal only if -
(1) the alien has exhausted all administrative remedies available to the alien as of right, and
(2) another court has not decided the validity of the order, unless the reviewing court finds that the petition presents grounds that could not have been presented in the prior judicial proceeding or that the remedy provided by the prior proceeding was inadequate or ineffective to test the validity of the order.
(e) Judicial review of orders under section 1225(b)(1)
(1) Limitations on relief
Without regard to the nature of the action or claim and without regard to the identity of the party or parties bringing the action, no court may -(A) enter declaratory, injunctive, or other equitable relief in any action pertaining to an order to exclude an alien in accordance with section 1225(b)(1) of this title except as specifically authorized in a subsequent paragraph of this subsection, or
(B) certify a class under Rule 23 of the Federal Rules of Civil Procedure in any action for which judicial review is authorized under a subsequent paragraph of this subsection.(2) Habeas corpus proceedings
Judicial review of any determination made under section 1225(b)(1) of this title is available in habeas corpus proceedings, but shall be limited to determinations of -(A) whether the petitioner is an alien,
(B) whether the petitioner was ordered removed under such section, and
(C) whether the petitioner can prove by a preponderance of the evidence that the petitioner is an alien lawfully admitted for permanent residence, has been admitted as a refugee under section 1157 of this title, or has been granted asylum under section 1158 of this title, such status not having been terminated, and is entitled to such further inquiry as prescribed by the Attorney General pursuant to section 1225(b)(1)(C) of this title.(3) Challenges on validity of the system
(A) In general
Judicial review of determinations under section 1225(b) of this title and its implementation is available in an action instituted in the United States District Court for the District of Columbia, but shall be limited to determinations of -(i) whether such section, or any regulation issued to implement such section, is constitutional; or
(ii) whether such a regulation, or a written policy directive, written policy guideline, or written procedure issued by or under the authority of the Attorney General to implement such section, is not consistent with applicable provisions of this subchapter or is otherwise in violation of law.(B) Deadlines for bringing actions
Any action instituted under this paragraph must be filed no later than 60 days after the date the challenged section, regulation, directive, guideline, or procedure described in clause (i) or (ii) of subparagraph (A) is first implemented.
(C) Notice of appeal
A notice of appeal of an order issued by the District Court under this paragraph may be filed not later than 30 days after the date of issuance of such order.
(D) Expeditious consideration of cases
It shall be the duty of the District Court, the Court of Appeals, and the Supreme Court of the United States to advance on the docket and to expedite to the greatest possible extent the disposition of any case considered under this paragraph.(4) Decision
In any case where the court determines that the petitioner -(A) is an alien who was not ordered removed under section 1225(b)(1) of this title, or
(B) has demonstrated by a preponderance of the evidence that the alien is an alien lawfully admitted for permanent residence, has been admitted as a refugee under section 1157 of this title, or has been granted asylum under section 1158 of this title, the court may order no remedy or relief other than to require that the petitioner be provided a hearing in accordance with section 1229a of this title. Any alien who is provided a hearing under section 1229a of this title pursuant to this paragraph may thereafter obtain judicial review of any resulting final order of removal pursuant to subsection (a)(1) of this section.(5) Scope of inquiry
In determining whether an alien has been ordered removed under section 1225(b)(1) of this title, the court's inquiry shall be limited to whether such an order in fact was issued and whether it relates to the petitioner. There shall be no review of whether the alien is actually inadmissible or entitled to any relief from removal.
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(f) Limit on injunctive relief
(1) In general
Regardless of the nature of the action or claim or of the identity of the party or parties bringing the action, no court (other than the Supreme Court) shall have jurisdiction or authority to enjoin or restrain the operation of the provisions of part IV of this subchapter, as amended by the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, other than with respect to the application of such provisions to an individual alien against whom proceedings under such part have been initiated.
(2) Particular cases
Notwithstanding any other provision of law, no court shall enjoin or stay, whether temporarily or otherwise, the removal of any alien pursuant to a final order under this section unless the alien shows by clear and convincing evidence that the entry or execution of such order is prohibited as a matter of law.
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(g) Exclusive jurisdiction
Except as provided in this section and notwithstanding any other provision of
law, no court shall have jurisdiction to hear any cause or claim by or on behalf
of any alien arising from the decision or action by the Attorney General to
commence proceedings, adjudicate cases, or execute removal orders against any
alien under this chapter.
misc administrative details
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REFERENCES TO ORDER OF REMOVAL DEEMED TO INCLUDE ORDER OF EXCLUSION AND
DEPORTATION
For purposes of carrying out this chapter, any reference in law to an order of
removal is deemed to include a reference to an order of exclusion and
deportation or an order of deportation, see section 309(d)(2) of Pub. L.
104-208, set out in an Effective Date of 1996 Amendments note under section 1101
of this title.
AUTHORITY TO ACCEPT CERTAIN ASSISTANCE
Section 130008 of Pub. L. 103-322 provided that:
''(a) In General. - Subject to subsection (b) and
notwithstanding any other provision of law, the Attorney General, in the
discretion of the Attorney General, may accept, hold, administer, and utilize
gifts of property and services (which may not include cash assistance) from
State and local governments for the purpose of assisting the Immigration and
Naturalization Service in the transportation of deportable aliens who are
arrested for misdemeanor or felony crimes under State or Federal law and who are
either unlawfully within the United States or willing to submit to voluntary
departure under safeguards. Any property acquired pursuant to this section shall
be acquired in the name of the United States.
''(b) Limitation. - The Attorney General shall
terminate or rescind the exercise of the authority under subsection (a) if the
Attorney General determines that the exercise of such authority has resulted in
discrimination by law enforcement officials on the basis of race, color, or
national origin.''
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 1228, 1229a, 1255a, 1326 of this title;
title 40 section 613.
8 USC Sec. 1253 Has Changes 01/22/02
TITLE 8 - ALIENS AND NATIONALITY
CHAPTER 12 - IMMIGRATION AND NATIONALITY
SUBCHAPTER II - IMMIGRATION
Part V - Adjustment and Change of Status
Sec. 1253. Penalties related to removal
(<-- Previous Changes)
(<-- Previous Patriot II Changes)
(a) Penalty for failure to depart
(1) In general
Any alien against whom a final order of removal is outstanding by reason of being a member of any of the classes described in section 1227(a) of this title, who -(A) willfully --
(1) fails or refuses to depart from the United States within a period of
9030 days from the date of the final order of removal under administrative processes, or if judicial review is had, then from the date of the final order of the court; or
(2) remains in the United States more than 30 days after the
date of the final is had, then more than 30 days after the date of the final order of the court,(B) willfully fails or refuses to make timely application in good faith for travel or other documents necessary to the alien's departure,
(C) connives or conspires, or takes any other action, designed to prevent or hamper or with the purpose of preventing or hampering the alien's departure pursuant to such, or
(D) willfully fails or refuses to present himself or herself for removal at the time and place required by the Attorney General pursuant to such order, shall be fined under title 18, or imprisoned not more than four years (or 10 years if the alien is a member of any of the classes described in paragraph (1)(E), (2), (3), or (4) of section 1227(a) of this title), or both.(2) Exception
It is not a violation of paragraph (1) to take any proper steps for the purpose of securing cancellation of or exemption from such order of removal or for the purpose of securing the alien's release from incarceration or custody.
(3) Suspension-
The court may for good cause suspend the sentence of an alien under this subsection and order the alien's release under such conditions as the court may prescribe. In determining whether good cause has been shown to justify releasing the alien, the court shall take into account such factors as
(A) the age, health, and period of detention of the alien;(Pat II)
(B) the effect of the alien's release upon the national security and public peace or safety;
(C) the likelihood of the alien's resuming or following a course of conduct which made or would make the alien deportable;
(D) the character of the efforts made by such alien himself and by representatives of the country or countries to which the alien's removal is directed to expedite the alien's departure from the United States;
(E) the reason for the inability of the Government of the United States to secure passports, other travel documents, or removal facilities from the country or countries to which the alien has been ordered removed; and
(F) the eligibility of the alien for discretionary relief under the immigration laws.
(b) Willful failure to comply with terms of release
under supervision.
(Pat II)
An alien who shall willfully fail to comply with regulations or requirements
issued pursuant to section 1231(a)(3) of this title or knowingly give false
information in response to an inquiry under such section shall be fined not more
than $1,000 or imprisoned for not more than one year, or both
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(c) Penalties relating to vessels and aircraft
(1) Civil penalties
(A) Failure to carry out certain orders
If the Attorney General is satisfied that a person has violated subsection (d) or (e) of section 1231 of this title, the person shall pay to the Commissioner the sum of $2,000 for each violation.
(B) Failure to remove alien stowaways
If the Attorney General is satisfied that a person has failed to remove an alien stowaway as required under section 1231(d)(2) of this title, the person shall pay to the Commissioner the sum of $5,000 for each alien stowaway not removed.
(C) No compromise
The Attorney General may not compromise the amount of such penalty under this paragraph.
(2) Clearing vessels and aircraft(A) Clearance before decision on liability
A vessel or aircraft may be granted clearance before a decision on liability is made under paragraph (1) only if a bond approved by the Attorney General or an amount sufficient to pay the civil penalty is deposited with the Commissioner.
(B) Prohibition on clearance while penalty unpaid A vessel or aircraft may not be granted clearance if a civil penalty imposed under paragraph (1) is not paid.
(d) Discontinuing granting visas
to nationals of country denying or delaying accepting alien
On being notified by the Attorney General that the government of a foreign
country denies or unreasonably delays accepting an alien who is a citizen,
subject, national, or resident of that country after the Attorney General asks
whether the government will accept the alien under this section, the Secretary
of State shall order consular officers in that foreign country to discontinue
granting immigrant visas or nonimmigrant visas, or both, to citizens, subjects,
nationals, and residents of that country until the Attorney General notifies the
Secretary that the country has accepted the alien.
misc administrative details omitted
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 1228, 1252, 1324d, 1330, 1356, 1612,
1613, 1622, 1641 of this title.
8 USC Sec. 1304 Has Changes 01/22/02
TITLE 8 - ALIENS AND NATIONALITY
CHAPTER 12 - IMMIGRATION AND NATIONALITY
SUBCHAPTER II - IMMIGRATION
Part VII - Registration of Aliens
Sec. 1304. Forms for registration and fingerprinting
(a) Preparation; contents
The Attorney General and the Secretary of State jointly are authorized and
directed to prepare forms for the registration of aliens under section 1301 of
this title, and the Attorney General is authorized and directed to prepare forms
for the registration and fingerprinting of aliens under section 1302 of this
title. Such forms shall contain inquiries with respect to
(1) the date and place of entry of the alien into the United States;
(2) activities in which he has been and intends to be engaged;
(3) the length of time he expects to remain in the United States;
(4) the police and criminal record, if any, of such alien; and
(5) such additional matters as may be prescribed.
(b) Confidential nature
All registration and fingerprint records made under the provisions of this
subchapter shall be confidential, and shall be made available only (1) pursuant
to section 1357(f)(2) of this title, and (2) to such persons or agencies as may
be designated by the Attorney General.
(c) Information under oath
Every person required to apply for the registration of himself or another under
this subchapter shall submit under oath the information required for such
registration. Any person authorized under regulations issued by the Attorney
General to register aliens under this subchapter shall be authorized to
administer oaths for such purpose.
(d) Certificate of alien registration or alien receipt
card
Every alien in the United States who has been registered and fingerprinted under
the provisions of the Alien Registration Act, 1940, or under the provisions of
this chapter shall be issued a certificate of alien registration or an alien
registration receipt card in such form and manner and at such time as shall be
prescribed under regulations issued by the Attorney General.
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(e) Personal possession of registration or receipt
card; penalties Every alien, eighteen years of age and over, shall at all times
carry with him and have in his personal possession any certificate of alien
registration or alien registration receipt card issued to him pursuant to
subsection (d) of this section. Any alien who fails to comply with the
provisions of this subsection shall be guilty of a misdemeanor and shall upon
conviction for each offense be fined not to exceed $100 or be imprisoned not
more than thirty days be fined under title 18,
United States Code, or imprisoned not more than 90 days, or both.
(f) Alien's social security account number
Notwithstanding any other provision of law, the Attorney General is authorized
to require any alien to provide the alien's social security account number for
purposes of inclusion in any record of the alien maintained by the Attorney
General or the Service.
misc administrative details
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8 USC Sec. 1306 Has
Changes
01/22/02
Sec. 1306. Penalties
(a) Willful failure to register
Any alien required to apply for registration and to be fingerprinted in the
United States who willfully fails or refuses to make such application or to be
fingerprinted, and any parent or legal guardian required to apply for the
registration of any alien who willfully fails or refuses to file application for
the registration of such alien shall be guilty of a misdemeanor and shall, upon
conviction thereof, be fined not to exceed $1,000 or be imprisoned not more than
six months, or both.
(b) Failure to notify change of address
Any alien or any parent or legal guardian in the United States of any alien who
fails to give written notice to the Attorney General, as required by section
1305 of this title, shall be guilty of a misdemeanor and shall, upon conviction
thereof, be fined not to exceed $200 or be imprisoned not more than
thirty days be fined under title 18, United
States Code, or imprisoned not more than six months, or both.
Irrespective of whether an alien is convicted and punished as herein provided,
any alien who fails to give written notice to the Attorney General, as required
by section 1305 of this title, shall be taken into custody and removed in the
manner provided by part IV of this subchapter, unless such alien establishes to
the satisfaction of the Attorney General that such failure was reasonably
excusable or was not willful.
(c) Fraudulent statements
Any alien or any parent or legal guardian of any alien, who files an application
for registration containing statements known by him to be false, or who procures
or attempts to procure registration of himself or another person through fraud,
shall be guilty of a misdemeanor and shall, upon conviction thereof, be
fined not to exceed $1,000, or be imprisoned not more than six months
be fined under title 18, United States Code, or
imprisoned not more than one year, or both; and any alien so
convicted shall, upon the warrant of the Attorney General, be taken into custody
and be removed in the manner provided in part IV of this subchapter.
(d) Counterfeiting
Any person who with unlawful intent photographs, prints, or in any other manner
makes, or executes, any engraving, photograph, print, or impression in the
likeness of any certificate of alien registration or an alien registration
receipt card or any colorable imitation thereof, except when and as authorized
under such rules and regulations as may be prescribed by the Attorney General,
shall upon conviction be fined not to exceed $5,000 or be imprisoned not more
than five years, or both.
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misc administrative
details omitted
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 1227 of this title.
8 USC Sec. 1324 (extract) Has Changes 01/22/02
TITLE 8 - ALIENS AND NATIONALITY
CHAPTER 12 - IMMIGRATION AND NATIONALITY
SUBCHAPTER II - IMMIGRATION
Part VIII - General Penalty Provisions
Sec. 1324. Bringing in and harboring certain aliens
(a) Criminal penalties
(1)
(A) Any person who -
(i) knowing that a person is an alien, brings to or attempts to bring to the United States in any manner whatsoever such person at a place other than a designated port of entry or place other than as designated by the Commissioner, regardless of whether such alien has received prior official authorization to come to, enter, or reside in the United States and regardless of any future official action which may be taken with respect to such alien;
(ii) knowing or in reckless disregard of the fact that an alien has come to, entered, or remains in the United States in violation of law, transports, or moves or attempts to transport or move such alien within the United States by means of transportation or otherwise, in furtherance of such violation of law;
(iii) knowing or in reckless disregard of the fact that an alien has come to, entered, or remains in the United States in violation of law, conceals, harbors, or shields from detection, or attempts to conceal, harbor, or shield from detection, such alien in any place, including any building or any means of transportation;
(iv) encourages or induces an alien to come to, enter, or reside in the United States, knowing or in reckless disregard of the fact that such coming to, entry, or residence is or will be in violation of law; or
(v)(I) engages in any conspiracy to commit any of the preceding acts, or
(II) aids or abets the commission of any of the preceding acts, shall be punished as provided in subparagraph (B).(B) A person who violates subparagraph (A) shall, for each alien in respect to whom such a violation occurs -
(i) in the case of a violation of subparagraph (A)(i) or (v)(I) or in the case of a violation of subparagraph (A)(ii), (iii), or (iv) in which the offense was done for the purpose of commercial advantage or private financial gain, be fined under title 18, imprisoned not more than 10 years, or both;
(ii) in the case of a violation of subparagraph (A)(ii), (iii), (iv), or (v)(II), be fined under title 18, imprisoned not more than 5 years, or both;
(iii) in the case of a violation of subparagraph (A)(i), (ii), (iii), (iv), or (v) during and in relation to which the person causes serious bodily injury (as defined in section 1365 of title 18) to, or places in jeopardy the life of, any person, be fined under title 18, imprisoned not more than 20 years, or both; and
(iv) in the case of a violation of subparagraph (A)(i), (ii), (iii), (iv), or (v) resulting in the death of any person, be punished by death or imprisoned for any term of years or for life, fined under title 18, or both.(<-- Previous Changes)
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(2) Any person who, knowing or in reckless disregard of the fact that an alien has not received prior official authorization to come to, enter, or reside in the United States, brings to or attempts to bring to the United States in any manner whatsoever, such alien, regardless of any official action which may later be taken with respect to such alien shall, for each alien in respect to whom a violation of this paragraph occurs -(A) be fined in accordance with title 18 or imprisoned not more than
one year3 years, or both; or
(B) in the case of -(i) an offense committed with the intent or with reason to believe that the alien unlawfully brought into the United States will commit an offense against the United States or any State punishable by imprisonment for more than 1 year,
(ii) an offense done for the purpose of commercial advantage or private financial gain, or
(iii) an offense in which the alien is not upon arrival immediately brought and presented to an appropriate immigration officer at a designated port of entry, be fined under title 18 and shall be imprisoned, in the case of a first or second violation of subparagraph (B)(iii), not more than 10 years, in the case of a first or second violation of subparagraph (B)(i) or (B)(ii), not less than 3 nor more than 10 years, and for any other violation, not less than 5 nor more than 15 years.
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(A) Any person who, during any 12-month period, knowingly hires for employment at least 10 individuals with actual knowledge that the individuals are aliens described in subparagraph (B) shall be fined under title 18 or imprisoned for not more than 5 years, or both.
(B) An alien described in this subparagraph is an alien who -(i) is an unauthorized alien (as defined in section 1324a(h)(3) of this title), and
(ii) has been brought into the United States in violation of this subsection.
Subsections (b) - (d) omitted
misc administrative details omitted
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 1101 of this title;
title 10 section 374;
title 18 sections 982, 1961, 2516.
8 USC Sec. 1325 Has
Changes
01/22/02
Sec. 1325. Improper entry by alien
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(<-- Previous Patriot II Changes)
(a) Improper time or place; avoidance of examination or
inspection; misrepresentation and concealment of facts
Any alien who
(1) enters or attempts to enter the United States at any time or place other than as designated by immigration officers, or
(2) eludes examination or inspection by immigration officers, or
(3) attempts to enter or obtains entry to the United States by a willfully false or misleading representation or the willful concealment of a material fact, shall, for the first commission of any such offense, be fined under title 18 or imprisoned not more than6 monthsone year, or both, and, for a subsequent commission of any such offense, be fined under title 18, or imprisoned not more than2 years3 years, or both.
Note: Patriot II Sec 502 calls for this change in 1325(a)(1), but it seems to belong here.
(Next Changes->)
(Next Patriot II Changes->)
(b) Improper time or place; civil penalties
Any alien who is apprehended while entering (or attempting to enter) the United
States at a time or place other than as designated by immigration officers shall
be subject to a civil penalty of -
(1) at least $50 and not more than $250 for each such entry (or attempted entry); or
(2) twice the amount specified in paragraph (1) in the case of an alien who has been previously subject to a civil penalty under this subsection.
Civil penalties under this subsection are in addition to, and not in lieu of, any criminal or other civil penalties that may be imposed.
(c) Marriage fraud
Any individual who knowingly enters into a marriage for the purpose of evading
any provision of the immigration laws shall be imprisoned for not more than 5
years, or fined not more than $250,000, or both.
(d) Immigration-related entrepreneurship fraud
Any individual who knowingly establishes a commercial enterprise for the purpose
of evading any provision of the immigration laws shall be imprisoned for not
more than 5 years, fined in accordance with title 18, or both.
misc administrative details
omitted
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 1101, 1225, 1329, 1330 of this title;
title 10 section 374.
8 USC Sec. 1326 Has
Changes
01/22/02
Sec. 1326. Reentry of removed aliens
(<-- Previous Changes)
(<-- Previous Patriot II Changes)
(a) In general
Subject to subsection (b) of this section, any alien who -
(1) has been denied admission, excluded, deported, or removed or has departed the United States while an order of exclusion, deportation, or removal is outstanding, and thereafter
(2) enters, attempts to enter, or is at any time found in, the United States, unless(A) prior to his reembarkation at a place outside the United States or his application for admission from foreign contiguous territory, the Attorney General has expressly consented to such alien's reapplying for admission; or
(B) with respect to an alien previously denied admission and removed, unless such alien shall establish that he was not required to obtain such advance consent under this chapter or any prior Act, shall be fined under title 18, or imprisoned not more than2 years3 years, or both.
(b) Criminal penalties for reentry of certain removed aliens
Notwithstanding subsection (a) of this section, in the case of any alien
described in such subsection -
(1) whose removal was subsequent to a conviction for commission of three or more misdemeanors involving drugs, crimes against the person, or both, or a felony (other than an aggravated felony), such alien shall be fined under title 18, imprisoned not more than 10 years, or both;
(2) whose removal was subsequent to a conviction for commission of an aggravated felony, such alien shall be fined under such title, imprisoned not more than 20 years, or both;
(3) who has been excluded from the United States pursuant to section 1225(c) of this title because the alien was excludable under section 1182(a)(3)(B) of this title or who has been removed from the United States pursuant to the provisions of subchapter V of this chapter, and who thereafter, without the permission of the Attorney General, enters the United States, or attempts to do so, shall be fined under title 18 and imprisoned for a period of10 years20 years, which sentence shall not run concurrently with any other sentence. (FOOTNOTE 1) or...
(FOOTNOTE 1) So in original. The period probably should be a semicolon.
(4) who was removed from the United States pursuant to section 1231(a)(4)(B) of this title who thereafter, without the permission of the Attorney General, enters, attempts to enter, or is at any time found in, the United States (unless the Attorney General has expressly consented to such alien's reentry) shall be fined under title 18, imprisoned for not more than 10 years, or both.
For the purposes of this subsection, the term ''removal'' includes any agreement in which an alien stipulates to removal during (or not during) a criminal trial under either Federal or State law.
(Next Changes->)
(Next Patriot II Changes->)
(c) Reentry of alien deported prior to completion of term of
imprisonment
Any alien deported pursuant to section 1252(h)(2) (FOOTNOTE 2) of this title who
enters, attempts to enter, or is at any time found in, the United States (unless
the Attorney General has expressly consented to such alien's reentry) shall be
incarcerated for the remainder of the sentence of imprisonment which was pending
at the time of deportation without any reduction for parole or supervised
release. Such alien shall be subject to such other penalties relating to the
reentry of deported aliens as may be available under this section or any other
provision of law.
(FOOTNOTE 2) See References in Text note below.
(d) Limitation on collateral attack on underlying deportation order In a criminal proceeding under this section, an alien may not challenge the validity of the deportation order described in subsection (a)(1) of this section or subsection (b) of this section unless the alien demonstrates that -
(1) the alien exhausted any administrative remedies that may have been available to seek relief against the order;
(2) the deportation proceedings at which the order was issued improperly deprived the alien of the opportunity for judicial review; and
(3) the entry of the order was fundamentally unfair.
misc administrative details omitted
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 1101, 1225, 1329, 1537 of this title;
title 10 section 374.
8 USC Sec. 1365a 01/22/02
TITLE 8 - ALIENS AND NATIONALITY
CHAPTER 12 - IMMIGRATION AND NATIONALITY
SUBCHAPTER II - IMMIGRATION
Part IX - Miscellaneous
Sec. 1365a. Integrated entry and exit data system
(a) Requirement
The Attorney General shall implement an integrated entry and exit data system.
(b) Integrated entry and exit data system defined
For purposes of this section, the term ''integrated entry and exit data system''
means an electronic system that -
(1) provides access to, and integrates, alien arrival and departure data that are -
(A) authorized or required to be created or collected under law;
(B) in an electronic format; and
(C) in a data base of the Department of Justice or the Department of State, including those created or used at ports of entry and at consular offices;(2) uses available data described in paragraph (1) to produce a report of arriving and departing aliens by country of nationality, classification as an immigrant or nonimmigrant, and date of arrival in, and departure from, the United States;
(3) matches an alien's available arrival data with the alien's available departure data;
(4) assists the Attorney General (and the Secretary of State, to the extent necessary to carry out such Secretary's obligations under immigration law) to identify, through on-line searching procedures, lawfully admitted nonimmigrants who may have remained in the United States beyond the period authorized by the Attorney General; and
(5) otherwise uses available alien arrival and departure data described in paragraph (1) to permit the Attorney General to make the reports required under subsection (e) of this section.
(c) Construction
(1) No additional authority to impose documentary or data collection requirements
Nothing in this section shall be construed to permit the Attorney General or the Secretary of State to impose any new documentary or data collection requirements on any person in order to satisfy the requirements of this section, including -(A) requirements on any alien for whom the documentary requirements in section 1182(a)(7)(B) of this title have been waived by the Attorney General and the Secretary of State under section 1182(d)(4)(B) of this title; or
(B) requirements that are inconsistent with the North American Free Trade Agreement.(2) No reduction of authority
Nothing in this section shall be construed to reduce or curtail any authority of the Attorney General or the Secretary of State under any other provision of law.
(d) Deadlines
(1) Airports and seaports
Not later than December 31, 2003, the Attorney General shall implement the integrated entry and exit data system using available alien arrival and departure data described in subsection (b)(1) of this section pertaining to aliens arriving in, or departing from, the United States at an airport or seaport. Such implementation shall include ensuring that such data, when collected or created by an immigration officer at an airport or seaport, are entered into the system and can be accessed by immigration officers at other airports and seaports.
(2) High-traffic land border ports of entry
Not later than December 31, 2004, the Attorney General shall implement the integrated entry and exit data system using the data described in paragraph (1) and available alien arrival and departure data described in subsection (b)(1) of this section pertaining to aliens arriving in, or departing from, the United States at the 50 land border ports of entry determined by the Attorney General to serve the highest numbers of arriving and departing aliens. Such implementation shall include ensuring that such data, when collected or created by an immigration officer at such a port of entry, are entered into the system and can be accessed by immigration officers at airports, seaports, and other such land border ports of entry.
(3) Remaining data
Not later than December 31, 2005, the Attorney General shall fully implement the integrated entry and exit data system using all data described in subsection (b)(1) of this section. Such implementation shall include ensuring that all such data are available to immigration officers at all ports of entry into the United States.
(e) Reports
(1) In general
Not later than December 31 of each year following the commencement of implementation of the integrated entry and exit data system, the Attorney General shall use the system to prepare an annual report to the Committees on the Judiciary of the House of Representatives and of the Senate.
(2) Information
Each report shall include the following information with respect to the preceding fiscal year, and an analysis of that information:(A) The number of aliens for whom departure data was collected during the reporting period, with an accounting by country of nationality of the departing alien.
(B) The number of departing aliens whose departure data was successfully matched to the alien's arrival data, with an accounting by the alien's country of nationality and by the alien's classification as an immigrant or nonimmigrant.
(C) The number of aliens who arrived pursuant to a nonimmigrant visa, or as a visitor under the visa waiver program under section 1187 of this title, for whom no matching departure data have 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.
(D) The number of lawfully admitted nonimmigrants identified as having remained in the United States beyond the period authorized by the Attorney General, with an accounting by the alien's country of nationality.
(f) Authority to provide access to system
(1) In general
Subject to subsection (d) of this section, the Attorney General, in consultation with the Secretary of State, shall determine which officers and employees of the Departments of Justice and State may enter data into, and have access to the data contained in, the integrated entry and exit data system.
(2) Other law enforcement officials
The Attorney General, in the discretion of the Attorney General, may permit other Federal, State, and local law enforcement officials to have access to the data contained in the integrated entry and exit data system for law enforcement purposes.
(g) Use of task force recommendations
The Attorney General shall continuously update and improve the integrated entry
and exit data system as technology improves and using the recommendations of the
task force established under section 3 of the Immigration and Naturalization
Service Data Management Improvement Act of 2000.
(h) Authorization of appropriations
There are authorized to be appropriated to carry out this section such sums as
may be necessary for fiscal years 2001 through 2008.
misc administrative details
omitted
AMENDMENTS
old text regarding the entry/exit
system:
2000 - Pub. L. 106-215 amended section catchline and text generally. Prior to
amendment, text read as follows:
''(a) System. - Not later than October 15, 1998 (and not later than March 30, 2001, in the case of land border ports of entry and sea ports), 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;
''(2) enable the Attorney General to identify, through on-line searching procedures, lawfully admitted nonimmigrants who remain in the United States beyond the period authorized by the Attorney General; and
''(3) not significantly disrupt trade, tourism, or other legitimate cross-border traffic at land border ports of entry.
''(b) Report. -
''(1) Deadline. - Not later than December 31 of each year following the development of the system under subsection (a) of this section, the Attorney General shall submit an annual report to the Committees on the Judiciary of the House of Representatives and of the Senate on such system.
''(2) Information. - The report shall include the following information:''(A) The number of departure records collected, with an accounting by country of nationality of the departing alien.
''(B) The number of departure records that were successfully matched to records of the alien's prior arrival in the United States, with an accounting by the alien's country of nationality and by the alien's classification as an immigrant or nonimmigrant.
''(C) The number of aliens who arrived as nonimmigrants, or as a visitor under the visa waiver program under section 1187 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.
''(c) Use of Information on Overstays. - Information regarding aliens who have remained in the United Staty beyond their authorized period of stay identified through the system 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.''
remaining amendment details omitted
VISA INTEGRITY AND SECURITY
excerpt of Patriot I-- speed up
implementation of Entry/Exit Data System:
Pub. L. 107-56, title IV, Sec. 414, Oct. 26, 2001, 115 Stat. 353, provided that:
''(a) Sense of Congress Regarding the Need To Expedite Implementation of Integrated Entry and Exit Data System. -
''(1) Sense of congress. - In light of the terrorist attacks perpetrated against the United States on September 11, 2001, it is the sense of the Congress that -
''(A) the Attorney General, in consultation with the Secretary of State, should fully implement the integrated entry and exit data system for airports, seaports, and land border ports of entry, as specified in section 110 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1365a), with all deliberate speed and as expeditiously as practicable; and
''(B) the Attorney General, in consultation with the Secretary of State, the Secretary of Commerce, the Secretary of the Treasury, and the Office of Homeland Security, should immediately begin establishing the Integrated Entry and Exit Data System Task Force, as described in section 3 of the Immigration and Naturalization Service Data Management Improvement Act of 2000 (Public Law 106-215) (set out as a note below).''(2) Authorization of appropriations. - There is authorized to be appropriated such sums as may be necessary to fully implement the system described in paragraph (1)(A).
''(b) Development of the System. - In the development of the integrated entry and exit data system under section 110 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1365a), the Attorney General and the Secretary of State shall particularly focus on-
''(1) the utilization of biometric technology; and
''(2) the development of tamper-resistant documents readable at ports of entry.
''(c) Interface With Law Enforcement Databases. - The
entry and exit data system described in this section shall be able to interface
with law enforcement databases for use by Federal law enforcement to identify
and detain individuals who pose a threat to the national security of the United
States.
''(d) Report on Screening Information. - Not later than
12 months after the date of enactment of this Act (Oct. 26, 2001), the Office of
Homeland Security shall submit a report to Congress on the information that is
needed from any United States agency to effectively screen visa applicants and
applicants for admission to the United States to identify those affiliated with
terrorist organizations or those that pose any threat to the safety or security
of the United States, including the type of information currently received by
United States agencies and the regularity with which such information is
transmitted to the Secretary of State and the Attorney General.''
TASK FORCE
Pub. L. 106-215, Sec. 3, June 15, 2000, 114 Stat. 339, as amended by Pub. L.
107-56, title IV, Sec. 415, Oct. 26, 2001, 115 Stat. 354, provided that:
''(a) Establishment. - Not later than 6 months after
the date of the enactment of this Act (June 15, 2000), the Attorney General, in
consultation with the Secretary of State, the Secretary of Commerce, the
Secretary of the Treasury, and the Office of Homeland Security(,) shall
establish a task force to carry out the duties described in subsection (c) (in
this section referred to as the 'Task Force').
''(b) Membership. -
''(1) Chairperson; appointment of members. - The Task Force shall be composed of the Attorney General and 16 other members appointed in accordance with paragraph (2). The Attorney General shall be the chairperson and shall appoint the other members.
''(2) Appointment requirements. - In appointing the other members of the Task Force, the Attorney General shall include -''(A) representatives of Federal, State, and local agencies with an interest in the duties of the Task Force, including representatives of agencies with an interest in -
''(i) immigration and naturalization;
''(ii) travel and tourism;
''(iii) transportation;
''(iv) trade;
''(v) law enforcement;
''(vi) national security; or
''(vii) the environment; and''(B) private sector representatives of affected industries and groups.
''(3) Terms. - Each member shall be appointed for the life of the Task Force. Any vacancy shall be filled by the Attorney General.
''(4) Compensation. -''(A) In general. - Each member of the Task Force shall serve without compensation, and members who are officers or employees of the United States shall serve without compensation in addition to that received for their services as officers or employees of the United States.
''(B) Travel expenses. - The members of the Task Force shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5, United States Code, while away from their homes or regular places of business in the performance of service for the Task Force.
''(c) Duties. - The Task Force shall evaluate the following:
''(1) How the Attorney General can efficiently and effectively carry out section 110 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1221 note (8 U.S.C. 1365a)), as amended by section 2 of this Act.
''(2) How the United States can improve the flow of traffic at airports, seaports, and land border ports of entry through -''(A) enhancing systems for data collection and data sharing, including the integrated entry and exit data system described in section 110 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1221 note (8 U.S.C. 1365a)), as amended by section 2 of this Act, by better use of technology, resources, and personnel;
''(B) increasing cooperation between the public and private sectors;
''(C) increasing cooperation among Federal agencies and among Federal and State agencies; and
''(D) modifying information technology systems while taking into account the different data systems, infrastructure, and processing procedures of airports, seaports, and land border ports of entry.''(3) The cost of implementing each of its recommendations.
''(d) Staff and Support Services. -
''(1) In general. - The Attorney General may, without regard to the civil service laws and regulations, appoint and terminate an executive director and such other additional personnel as may be necessary to enable the Task Force to perform its duties. The employment and termination of an executive director shall be subject to confirmation by a majority of the members of the Task Force.
''(2) Compensation. - The executive director shall be compensated at a rate not to exceed the rate payable for level V of the Executive Schedule under section 5316 of title 5, United States Code. The Attorney General may fix the compensation of other personnel without regard to the provisions of chapter 51 and subchapter III of chapter 53 of title 5, United States Code, relating to classification of positions and General Schedule pay rates, except that the rate of pay for such personnel may not exceed the rate payable for level V of the Executive Schedule under section 5316 of such title.
''(3) Detail of government employees. - Any Federal Government employee, with the approval of the head of the appropriate Federal agency, may be detailed to the Task Force without reimbursement, and such detail shall be without interruption or loss of civil service status, benefits, or privilege.
''(4) Procurement of temporary and intermittent services. - The Attorney General may procure temporary and intermittent services for the Task Force under section 3109(b) of title 5, United States Code, at rates for individuals not to exceed the daily equivalent of the annual rate of basic pay prescribed for level V of the Executive Schedule under section 5316 of such title.
''(5) Administrative support services. - Upon the request of the Attorney General, the Administrator of General Services shall provide to the Task Force, on a reimbursable basis, the administrative support services necessary for the Task Force to carry out its responsibilities under this section.
''(e) Hearings and Sessions. - The Task Force may, for the purpose of carrying out this section, hold hearings, sit and act at times and places, take testimony, and receive evidence as the Task Force considers appropriate.
''(f) Obtaining Official Data. - The Task Force may secure directly from any department or agency of the United States information necessary to enable it to carry out this section. Upon request of the Attorney General, the head of that department or agency shall furnish that information to the Task Force.
''(g) Reports. -
''(1) Deadline. - Not later than December 31, 2002, and not later than December 31 of each year thereafter in which the Task Force is in existence, the Attorney General shall submit a report to the Committees on the Judiciary of the House of Representatives and of the Senate containing the findings, conclusions, and recommendations of the Task Force. Each report shall also measure and evaluate how much progress the Task Force has made, how much work remains, how long the remaining work will take to complete, and the cost of completing the remaining work.
''(2) Delegation. - The Attorney General may delegate to the Commissioner, Immigration and Naturalization Service, the responsibility for preparing and transmitting any such report.
''(h) Legislative Recommendations. -
''(1) In general. - The Attorney General shall make such legislative recommendations as the Attorney General deems appropriate-
''(A) to implement the recommendations of the Task Force; and
''(B) to obtain authorization for the appropriation of funds, the expenditure of receipts, or the reprogramming of existing funds to implement such recommendations.''(2) Delegation. - The Attorney General may delegate to the Commissioner, Immigration and Naturalization Service, the responsibility for preparing and transmitting any such legislative recommendations.
''(i) Termination. - The Task Force shall terminate on
a date designated by the Attorney General as the date on which the work of the
Task Force has been completed.
''(j) Authorization of Appropriations. - There are
authorized to be appropriated to carry out this section such sums as may be
necessary for fiscal years 2001 through 2003.''
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 1187 of this title.
8 USC Sec. 1372 Has
Changes
01/22/02
Sec. 1372. Program to collect information relating to nonimmigrant foreign
students and other exchange program participants
(<-- Previous Changes)
(a) In general
(1) Program
The Attorney General, in consultation with the Secretary of State and the Secretary of Education, shall develop and conduct a program to collect from approved institutions of higher education, other approved educational institutions, and designated exchange visitor programs in the United States the information described in subsection (c) of this section with respect to aliens who -(A) have the status, or are applying for the status, of nonimmigrants under subparagraph (F), (J), or (M) of section 1101(a)(15) of this title; and
(B) are nationals of the countries designated under subsection (b) of this section.(2) Deadline
The program shall commence not later than January 1, 1998.
(b) Covered countries
The Attorney General, in consultation with the Secretary of State, shall
designate countries for purposes of subsection (a)(1)(B) of this section. The
Attorney General shall initially designate not less than 5 countries and may
designate additional countries at any time while the program is being conducted.
(c) Information to be collected
(1) In general
The information for collection under subsection (a) of this section with respect to an alien consists of -(A) the identity and current address in the United States of the alien;
(B) the nonimmigrant classification of the alien and the date on which a visa under the classification was issued or extended or the date on which a change to such classification was approved by the Attorney General;
(C) in the case of a student at an approved institution of higher education, or other approved educational institution, (FOOTNOTE 1) the current academic status of the alien, including whether the alien is maintaining status as a full-time student or, in the case of a participant in a designated exchange visitor program, whether the alien is satisfying the terms and conditions of such program; and
(FOOTNOTE 1) So in original.
(D) in the case of a student at an approved institution of higher education, or other approved educational institution, (FOOTNOTE 1) any disciplinary action taken by the institution against the alien as a result of the alien's being convicted of a crime or, in the case of a participant in a designated exchange visitor program, any change in the alien's participation as a result of the alien's being convicted of a crime.(2) FERPA
The Family Educational Rights and Privacy Act of 1974 (20 U.S.C. 1232g) shall not apply to aliens described in subsection (a) of this section to the extent that the Attorney General determines necessary to carry out the program under subsection (a) of this section.
(3) Electronic collection
The information described in paragraph (1) shall be collected electronically, where practicable.
(4) Computer software(A) Collecting institutions
To the extent practicable, the Attorney General shall design the program in a manner that permits approved institutions of higher education, other approved educational institutions, and designated exchange visitor programs to use existing software for the collection, storage, and data processing of information described in paragraph (1).
(B) Attorney General
To the extent practicable, the Attorney General shall use or enhance existing software for the collection, storage, and data processing of information described in paragraph (1).
(d) Participation by institutions of higher education and exchange visitor programs
(1) Condition
The information described in subsection (c) of this section shall be provided by institutions of higher education, other approved educational institutions, or exchange visitor programs as a condition of -(A) in the case of an approved institution of higher education, or other approved educational institution, (FOOTNOTE 1) the continued approval of the institution under subparagraph (F) or (M) of section 1101(a)(15) of this title; and
(B) in the case of an approved institution of higher education or a designated exchange visitor program, the granting of authority to issue documents to an alien demonstrating the alien's eligibility for a visa under subparagraph (F), (J), or (M) of section 1101(a)(15) of this title.(2) Effect of failure to provide information
If an approved institution of higher education, other approved educational institution, or a designated exchange visitor program fails to provide the specified information, such approvals and such issuance of visas shall be revoked or denied.
(Next Changes->)
(e) Funding
(1) In general
Beginning on April 1, 1997, the Attorney General shall impose on, and collect from, each alien described in paragraph (3), with respect to whom the institution or program is required by subsection (a) of this section to collect information, a fee established by the Attorney General under paragraph (4) at a time prior to the alien being classified under subparagraph (F), (J), or (M) of section 1101(a)(15) of this title.
(2) Remittance
The fees collected under paragraph (1) shall be remitted by the alien pursuant to a schedule established by the Attorney General for immediate deposit and availability as described under section 1356(m) of this title.
(3) Aliens described
An alien referred to in paragraph (1) is an alien who seeks nonimmigrant status under subparagraph (F), (J), or (M) of section 1101(a)(15) of this title (other than a nonimmigrant under section 1101(a)(15)(J) of this title who seeks to come to the United States as a participant in a program sponsored by the Federal Government).
(4) Amount and use of fees(A) Establishment of amount
The Attorney General shall establish the amount of the fee to be imposed on, and collected from, an alien under paragraph (1). Except as provided in subsection (g)(2) of this section, the fee imposed on any individual may not exceed $100, except that, in the case of an alien admitted under section 1101(a)(15)(J) of this title as an au pair, camp counselor, or participant in a summer work travel program, the fee shall not exceed $40, except that, in the case of an alien admitted under section 1101(a)(15)(J) of this title as an au pair, camp counselor, or participant in a summer work travel program, the fee shall not exceed $35. (FOOTNOTE 2) The amount of the fee shall be based on the Attorney General's estimate of the cost per alien of conducting the information collection program described in this section.
(FOOTNOTE 2) So in original. See 2000 amendment notes below.
(B) Use Fees collected under paragraph (1) shall be deposited as offsetting receipts into the Immigration Examinations Fee Account (established under section 1356(m) of this title) and shall remain available until expended for the Attorney General to reimburse any appropriation the amount paid out of which is for expenses in carrying out this section. Such expenses include, but are not necessarily limited to, those incurred by the Secretary of State in connection with the program under subsection (a) of this section.(5) Proof of payment
The alien shall present proof of payment of the fee before the granting of -(A) a visa under section 1202 of this title or, in the case of an alien who is exempt from the visa requirement described in section 1182(d)(4) of this title, admission to the United States; or
(B) change of nonimmigrant classification under section 1258 of this title to a classification described in paragraph (3).(6) Implementation
The provisions of section 553 of title 5 (relating to rule-making) shall not apply to the extent the Attorney General determines necessary to ensure the expeditious, initial implementation of this section.
(f) Joint report
Not later than 4 years after the commencement of the program established under
subsection (a) of this section, the Attorney General, the Secretary of State,
and the Secretary of Education shall jointly submit to the Committees on the
Judiciary of the Senate and the House of Representatives a report on the
operations of the program and the feasibility of expanding the program to cover
the nationals of all countries.
(g) Worldwide applicability of program
(1) Expansion of program
Not later than 12 months after the submission of the report required by subsection (f) of this section, the Attorney General, in consultation with the Secretary of State and the Secretary of Education, shall commence expansion of the program to cover the nationals of all countries.
(2) Revision of fee
After the program has been expanded, as provided in paragraph (1), the Attorney General may, on a periodic basis, revise the amount of the fee imposed and collected under subsection (e) of this section in order to take into account changes in the cost of carrying out the program.
(h) Definitions
As used in this section:
(1) Approved institution of higher education
The term ''approved institution of higher education'' means a college or university approved by the Attorney General, in consultation with the Secretary of Education, under subparagraph (F), (J), or (M) of section 1101(a)(15) of this title.
(2) Designated exchange visitor program
The term ''designated exchange visitor program'' means a program that has been -(A) designated by the Secretary of State for purposes of section 1101(a)(15)(J) of this title; and
(B) selected by the Attorney General for purposes of the program under this section.(<-- Previous Changes)
(3) Other approved educational institution
The term ''other approved educational institution'' includes any air flight school, language training school, or vocational school, approved by the Attorney General, in consultation with the Secretary of Education and the Secretary of State, under subparagraph (F), (J), or (M) of section 1101(a)(15) of this title.
(Next Changes->)
-SOURCE-
(Pub. L. 104-208, div. C, title VI, Sec. 641, Sept. 30, 1996, 110 Stat.
3009-704;
Pub. L. 106-396, title IV, Sec. 404-406, Oct. 30, 2000, 114 Stat. 1649, 1650;
Pub. L. 106-553, Sec. 1(a)(2) (title I, Sec. 110), Dec. 21, 2000, 114 Stat.
2762, 2762A-68; Pub. L. 107-56, title IV, Sec. 416(c), Oct. 26, 2001, 115 Stat.
354.)
miscellaneous administrative details omitted
FOREIGN STUDENT MONITORING PROGRAM
excerpt of Patriot I:
Pub. L. 107-56, title IV, Sec. 416(a), (b), Oct. 26, 2001, 115 Stat. 354,
provided that:
''(a) Full Implementation and Expansion of Foreign
Student Visa Monitoring Program Required. - The Attorney General, in
consultation with the Secretary of State, shall fully implement and expand the
program established by section 641(a) of the Illegal Immigration Reform and
Immigrant Responsibility Act of 1996 (8 U.S.C. 1372(a)).
''(b) Integration With Port of Entry Information. - For
each alien with respect to whom information is collected under section 641 of
the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C.
1372), the Attorney General, in consultation with the Secretary of State, shall
include information on the date of entry and port of entry.''
8 USC Sec. 1481 Has Changes 01/22/02
TITLE 8 - ALIENS AND NATIONALITY
CHAPTER 12 - IMMIGRATION AND NATIONALITY
SUBCHAPTER III - NATIONALITY AND NATURALIZATION
Part III - Loss of Nationality
Sec. 1481. Loss of nationality by native-born or naturalized citizen; voluntary action; burden of proof; presumptions
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(a) A person who is a national of the United States
whether by birth or naturalization, shall lose his nationality by voluntarily
performing any of the following acts with the intention of relinquishing United
States nationality -
(1) obtaining naturalization in a foreign state upon his own application or upon an application filed by a duly authorized agent, after having attained the age of eighteen years; or
(2) taking an oath or making an affirmation or other formal declaration of allegiance to a foreign state or a political subdivision thereof, after having attained the age of eighteen years; or
(3) entering, or serving in, the armed forces of a foreign state if
(A) such armed forces are engaged in hostilities against the United States, or
(B) such persons serve as a commissioned or non-commissioned officer; or(3)
(A) entering, or serving in, the armed forces of a foreign state if --
(i) such armed forces are engaged in hostilities against the United States; or
(ii) such person serves as a commissioned or non-commissioned officer, or(B) joining or serving in, or providing material support (as defined in section 2339A* of title 18, United States Code) to, a terrorist organization designated under section 212(a)(3)* or 219* or designated under the International Emergency Economic Powers Act, if the organization is engaged in hostilities against the United States, its people, or its national security interests.
(4)
(A) accepting, serving in, or performing the duties of any office, post, or employment under the government of a foreign state or a political subdivision thereof, after attaining the age of eighteen years if he has or acquires the nationality of such foreign state; or
(B) accepting, serving in, or performing the duties of any office, post, or employment under the government of a foreign state or a political subdivision thereof, after attaining the age of eighteen years for which office, post, or employment an oath, affirmation, or declaration of allegiance is required; or(5) making a formal renunciation of nationality before a diplomatic or consular officer of the United States in a foreign state, in such form as may be prescribed by the Secretary of State; or
(6) making in the United States a formal written renunciation of nationality in such form as may be prescribed by, and before such officer as may be designated by, the Attorney General, whenever the United States shall be in a state of war and the Attorney General shall approve such renunciation as not contrary to the interests of national defense; or
(7) committing any act of treason against, or attempting by force to overthrow, or bearing arms against, the United States, violating or conspiring to violate any of the provisions of section 2383 of title 18, or willfully performing any act in violation of section 2385 of title 18, or violating section 2384 of title 18 // get copies of these for ref // by engaging in a conspiracy to overthrow, put down, or to destroy by force the Government of the United States, or to levy war against them, if and when he is convicted thereof by a court martial or by a court of competent jurisdiction.
(b) Whenever the loss of United States nationality is
put in issue in any action or proceeding commenced on or after September 26,
1961 under, or by virtue of, the provisions of this chapter or any other Act,
the burden shall be upon the person or party claiming that such loss occurred,
to establish such claim by a preponderance of the evidence. Any person who
commits or performs, or who has committed or performed, any act of expatriation
under the provisions of this chapter or any other Act shall be presumed to have
done so voluntarily, but such presumption may be rebutted upon a showing, by a
preponderance of the evidence, that the act or acts committed or performed were
not done voluntarily. The voluntary commission or
performance of an act described in subsection (a)(3)(A)(i) or (B) shall be prima
facie evidence that the act was done with the intention of relinquishing United
States nationality.
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SHORT TITLE
Section 1 of act Sept. 3, 1954, provided: ''That this Act (amending this
section) may be cited as the 'Expatriation Act of 1954'.''
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RIGHT OF EXPATRIATION
R.S. Sec. 1999 provided that: ''Whereas the right of expatriation is a natural
and inherent right of all people, indispensable to the enjoyment of the rights
of life, liberty, and the pursuit of happiness; and whereas in the recognition
of this principle this Government has freely received emigrants from all
nations, and invested them with the rights of citizenship; and whereas it is
claimed that such American citizens, with their descendants, are subjects of
foreign states, owing allegiance to the governments thereof; and whereas it is
necessary to the maintenance of public peace that this claim of foreign
allegiance should be promptly and finally disavowed: Therefore any declaration,
instruction, opinion, order, or decision of any officer of the United States
which denies, restricts, impairs, or questions the right of expatriation, is
declared inconsistent with the fundamental principles of the Republic.''
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 1483 of this title;
title 26 section 6039G.
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