1. U.S. Code
  2. title 8
  3. chapter 12
  4. subchapter II
  5. part IX
  6. § 1365

Collapse to view only § 1365. Reimbursement of States for costs of incarcerating illegal aliens and certain Cuban nationals

§ 1351. Nonimmigrant visa fees

The fees for the furnishing and verification of applications for visas by nonimmigrants of each foreign country and for the issuance of visas to nonimmigrants of each foreign country shall be prescribed by the Secretary of State, if practicable, in amounts corresponding to the total of all visa, entry, residence, or other similar fees, taxes, or charges assessed or levied against nationals of the United States by the foreign countries of which such nonimmigrants are nationals or stateless residents: Provided, That nonimmigrant visas issued to aliens coming to the United States in transit to and from the headquarters district of the United Nations in accordance with the provisions of the Headquarters Agreement shall be gratis. Subject to such criteria as the Secretary of State may prescribe, including the duration of stay of the alien and the financial burden upon the charitable organization, the Secretary of State shall waive or reduce the fee for application and issuance of a nonimmigrant visa for any alien coming to the United States primarily for, or in activities related to, a charitable purpose involving health or nursing care, the provision of food or housing, job training, or any other similar direct service or assistance to poor or otherwise needy individuals in the United States.

(June 27, 1952, ch. 477, title II, ch. 9, § 281, 66 Stat. 230; Pub. L. 89–236, § 14, Oct. 3, 1965, 79 Stat. 919; Pub. L. 90–609, § 1, Oct. 21, 1968, 82 Stat. 1199; Pub. L. 105–54, § 2(a), Oct. 6, 1997, 111 Stat. 1175.)

CITE AS: 8 USC 1351

§ 1352. Printing of reentry permits and blank forms of manifest and crew lists; sale to public
(a) Reentry permits issued under section 1203 of this title shall be printed on distinctive safety paper and shall be prepared and issued under regulations prescribed by the Attorney General.
(b) The Director of the Government Publishing Office is authorized to print for sale to the public by the Superintendent of Documents, upon prepayment, copies of blank forms of manifests and crew lists and such other forms as may be prescribed and authorized by the Attorney General to be sold pursuant to the provisions of this subchapter.
(June 27, 1952, ch. 477, title II, ch. 9, § 282, 66 Stat. 231; Pub. L. 113–235, div. H, title I, § 1301(d), Dec. 16, 2014, 128 Stat. 2537.)

CITE AS: 8 USC 1352

§ 1353. Travel expenses and expense of transporting remains of officers and employees dying outside of United States

When officers, inspectors, or other employees of the Service are ordered to perform duties in a foreign country, or are transferred from one station to another, in the United States or in a foreign country, or while performing duties in any foreign country become eligible for voluntary retirement and return to the United States, they shall be allowed their traveling expenses in accordance with such regulations as the Attorney General may deem advisable, and they may also be allowed, within the discretion and under written orders of the Attorney General, the expenses incurred for the transfer of their wives and dependent children, their household effects and other personal property, including the expenses for packing, crating, freight, unpacking, temporary storage, and drayage thereof in accordance with subchapter II of chapter 57 of title 5. The expense of transporting the remains of such officers, inspectors, or other employees who die while in, or in transit to, a foreign country in the discharge of their official duties, to their former homes in this country for interment, and the ordinary and necessary expenses of such interment and of preparation for shipment, are authorized to be paid on the written order of the Attorney General.

(June 27, 1952, ch. 477, title II, ch. 9, § 283, 66 Stat. 231; Pub. L. 100–525, § 9(p), Oct. 24, 1988, 102 Stat. 2621.)

CITE AS: 8 USC 1353

§ 1353a. Officers and employees; overtime services; extra compensation; length of working day

The Attorney General shall fix a reasonable rate of extra compensation for overtime services of immigration officers and employees of the Immigration and Naturalization Service who may be required to remain on duty between the hours of five o’clock postmeridian and eight o’clock antemeridian, or on Sundays or holidays, to perform duties in connection with the examination and landing of passengers and crews of steamships, trains, airplanes, or other vehicles, arriving in the United States from a foreign port by water, land, or air, such rates to be fixed on a basis of one-half day’s additional pay for each two hours or fraction thereof of at least one hour that the overtime extends beyond five o’clock postmeridian (but not to exceed two and one-half days’ pay for the full period from five o’clock postmeridian to eight o’clock antemeridian) and two additional days’ pay for Sunday and holiday duty; in those ports where the customary working hours are other than those heretofore mentioned, the Attorney General is vested with authority to regulate the hours of such employees so as to agree with the prevailing working hours in said ports, but nothing contained in this section shall be construed in any manner to affect or alter the length of a working day for such employees or the overtime pay herein fixed.

(Mar. 2, 1931, ch. 368, § 1, 46 Stat. 1467; Ex. Ord. No. 6166, § 14, June 10, 1933; 1940 Reorg. Plan No. V, eff. June 14, 1940, 5 F.R. 2223, 54 Stat. 1238; June 27, 1952, ch. 477, title IV, § 402(i)(1), 66 Stat. 278.)

CITE AS: 8 USC 1353a

§ 1353b. Extra compensation; payment

The said extra compensation shall be paid by the master, owner, agent, or consignee of such vessel or other conveyance arriving in the United States from a foreign port to the Attorney General, who shall pay the same to the several immigration officers and employees entitled thereto as provided in this section and section 1353a of this title. Such extra compensation shall be paid if such officers or employees have been ordered to report for duty and have so reported, whether the actual inspection or examination of passengers or crew takes place or not: Provided, That this section shall not apply to the inspection at designated ports of entry of passengers arriving by international ferries, bridges, or tunnels, or by aircraft, railroad trains, or vessels on the Great Lakes and connecting waterways, when operating on regular schedules.

(Mar. 2, 1931, ch. 368, § 2, 46 Stat. 1467; 1940 Reorg. Plan No. V, eff. June 14, 1940, 5 F.R. 2223, 54 Stat. 1238.)

CITE AS: 8 USC 1353b

§ 1353c. Immigration officials; service in foreign contiguous territory

Nothing in section 209 of title 18 relative to augmenting salaries of Government officials from outside sources shall prevent receiving reimbursements for services of immigration officials incident to the inspection of aliens in foreign contiguous territory and such reimbursement shall be credited to the appropriation, “Immigration and Naturalization Service—Salaries and Expenses.”

(Mar. 4, 1921, ch. 161, § 1, 41 Stat. 1424; Sept. 3, 1954, ch. 1263, § 6, 68 Stat. 1227.)

CITE AS: 8 USC 1353c

§ 1353d. Disposition of money received as extra compensation

Moneys collected on or after July 1, 1941, as extra compensation for overtime service of immigration officers and employees of the Immigration Service pursuant to sections 1353a and 1353b of this title, shall be deposited in the Treasury of the United States to the credit of the appropriation for the payment of salaries, field personnel of the Immigration and Naturalization Service, and the appropriation so credited shall be available for the payment of such compensation.

(Aug. 22, 1940, ch. 688, 54 Stat. 858; June 27, 1952, ch. 477, title IV, § 402(i)(2), 66 Stat. 278.)

CITE AS: 8 USC 1353d

§ 1354. Applicability to members of the Armed Forces
(a) Nothing contained in this subchapter shall be construed so as to limit, restrict, deny, or affect the coming into or departure from the United States of an alien member of the Armed Forces of the United States who is in the uniform of, or who bears documents identifying him as a member of, such Armed Forces, and who is coming to or departing from the United States under official orders or permit of such Armed Forces: Provided, That nothing contained in this section shall be construed to give to or confer upon any such alien any other privileges, rights, benefits, exemptions, or immunities under this chapter, which are not otherwise specifically granted by this chapter.
(b) If a person lawfully admitted for permanent residence is the spouse or child of a member of the Armed Forces of the United States, is authorized to accompany the member and reside abroad with the member pursuant to the member’s official orders, and is so accompanying and residing with the member (in marital union if a spouse), then the residence and physical presence of the person abroad shall not be treated as—
(1) an abandonment or relinquishment of lawful permanent resident status for purposes of clause (i) of section 1101(a)(13)(C) of this title; or
(2) an absence from the United States for purposes of clause (ii) of such section.
(June 27, 1952, ch. 477, title II, ch. 9, § 284, 66 Stat. 232; Pub. L. 110–181, div. A, title VI, § 673, Jan. 28, 2008, 122 Stat. 185.)

CITE AS: 8 USC 1354

§ 1355. Disposal of privileges at immigrant stations; rentals; retail sale; disposition of receipts
(a) Subject to such conditions and limitations as the Attorney General shall prescribe, all exclusive privileges of exchanging money, transporting passengers or baggage, keeping eating houses, or other like privileges in connection with any United States immigrant station, shall be disposed of to the lowest responsible and capable bidder (other than an alien) in accordance with the provision of section 6101 of title 41 and for the use of Government property in connection with the exercise of such exclusive privileges a reasonable rental may be charged. The feeding of aliens, or the furnishing of any other necessary service in connection with any United States immigrant station, may be performed by the Service without regard to the foregoing provisions of this subsection if the Attorney General shall find that it would be advantageous to the Government in terms of economy and efficiency. No intoxicating liquors shall be sold at any immigrant station.
(b) Such articles determined by the Attorney General to be necessary to the health and welfare of aliens detained at any immigrant station, when not otherwise readily procurable by such aliens, may be sold at reasonable prices to such aliens through Government canteens operated by the Service, under such conditions and limitations as the Attorney General shall prescribe.
(c) All rentals or other receipts accruing from the disposal of privileges, and all moneys arising from the sale of articles through Service-operated canteens, authorized by this section, shall be covered into the Treasury to the credit of the appropriation for the enforcement of this subchapter.
(June 27, 1952, ch. 477, title II, ch. 9, § 285, 66 Stat. 232.)

CITE AS: 8 USC 1355

§ 1356. Disposition of moneys collected under the provisions of this subchapter
(a) Detention, transportation, hospitalization, and all other expenses of detained aliens; expenses of landing stations
(b) Purchase of evidence
(c) Fees and administrative fines and penalties; exception
(d) Schedule of fees
(e) Limitations on fees
(1) Except as provided in paragraph (3), no fee shall be charged under subsection (d) for immigration inspection or preinspection provided in connection with the arrival of any passenger, other than aircraft passengers, whose journey originated in the following:
(A) Canada,
(B) Mexico,
(C) a State, territory or possession of the United States, or
(D) any adjacent island (within the meaning of section 1101(b)(5) of this title).
(2) No fee may be charged under subsection (d) with respect to the arrival of any passenger—
(A) who is in transit to a destination outside the United States, and
(B) for whom immigration inspection services are not provided.
(3) The Attorney General shall charge and collect $3 per individual for the immigration inspection or pre-inspection of each commercial vessel passenger whose journey originated in the United States or in any place set forth in paragraph (1): Provided, That this requirement shall not apply to immigration inspection at designated ports of entry of passengers arriving by ferry, or by Great Lakes vessels on the Great Lakes and connecting waterways when operating on a regular schedule. For the purposes of this paragraph, the term “ferry” means a vessel, in other than ocean or coastwise service, having provisions only for deck passengers and/or vehicles, operating on a short run on a frequent schedule between two points over the most direct water route, and offering a public service of a type normally attributed to a bridge or tunnel.
(f) Collection
(1) Each person that issues a document or ticket to an individual for transportation by a commercial vessel or commercial aircraft into the United States shall—
(A) collect from that individual the fee charged under subsection (d) at the time the document or ticket is issued; and
(B) identify on that document or ticket the fee charged under subsection (d) as a Federal inspection fee.
(2) If—
(A) a document or ticket for transportation of a passenger into the United States is issued in a foreign country; and
(B) the fee charged under subsection (d) is not collected at the time such document or ticket is issued;
the person providing transportation to such passenger shall collect such fee at the time such passenger departs from the United States and shall provide such passenger a receipt for the payment of such fee.
(3) The person who collects fees under paragraph (1) or (2) shall remit those fees to the Attorney General at any time before the date that is thirty-one days after the close of the calendar quarter in which the fees are collected, except the fourth quarter payment for fees collected from airline passengers shall be made on the date that is ten days before the end of the fiscal year, and the first quarter payment shall include any collections made in the preceding quarter that were not remitted with the previous payment. Regulations issued by the Attorney General under this subsection with respect to the collection of the fees charged under subsection (d) and the remittance of such fees to the Treasury of the United States shall be consistent with the regulations issued by the Secretary of the Treasury for the collection and remittance of the taxes imposed by subchapter C of chapter 33 of title 26, but only to the extent the regulations issued with respect to such taxes do not conflict with the provisions of this section.
(g) Provision of immigration inspection and preinspection servicesNotwithstanding section 1353b of this title, or any other provision of law, the immigration services required to be provided to passengers upon arrival in the United States on scheduled airline flights shall be adequately provided when needed and at no cost (other than the fees imposed under subsection (d)) to airlines and airline passengers at:
(1) immigration serviced airports, and
(2) places located outside of the United States at which an immigration officer is stationed for the purpose of providing such immigration services.
(h) Disposition of receipts
(1)
(A) There is established in the general fund of the Treasury a separate account which shall be known as the “Immigration User Fee Account”. Notwithstanding any other section of this subchapter, there shall be deposited as offsetting receipts into the Immigration User Fee Account all fees collected under subsection (d) of this section, to remain available until expended..1
1 So in original.
At the end of each 2-year period, beginning with the creation of this account, the Attorney General, following a public rulemaking with opportunity for notice and comment, shall submit a report to the Congress concerning the status of the account, including any balances therein, and recommend any adjustment in the prescribed fee that may be required to ensure that the receipts collected from the fee charged for the succeeding two years equal, as closely as possible, the cost of providing these services.
(B) Notwithstanding any other provisions of law, all civil fines or penalties collected pursuant to sections 1253(c), 1321, and 1323 of this title and all liquidated damages and expenses collected pursuant to this chapter shall be deposited in the Immigration User Fee Account.
(2)
(A) The Secretary of the Treasury shall refund out of the Immigration User Fee Account to any appropriation the amount paid out of such appropriation for expenses incurred by the Attorney General in providing immigration inspection and preinspection services for commercial aircraft or vessels and in—
(i) providing overtime immigration inspection services for commercial aircraft or vessels;
(ii) administration of debt recovery, including the establishment and operation of a national collections office;
(iii) expansion, operation and maintenance of information systems for nonimmigrant control and debt collection;
(iv) detection of fraudulent documents used by passengers traveling to the United States, including training of, and technical assistance to, commercial airline personnel regarding such detection;
(v) providing detention and removal services for inadmissible aliens arriving on commercial aircraft and vessels and for any alien who is inadmissible under section 1182(a) of this title who has attempted illegal entry into the United States through avoidance of immigration inspection at air or sea ports-of-entry; and
(vi) providing removal and asylum proceedings at air or sea ports-of-entry for inadmissible aliens arriving on commercial aircraft and vessels including immigration removal proceedings resulting from presentation of fraudulent documents and failure to present documentation and for any alien who is inadmissible under section 1182(a) of this title who has attempted illegal entry into the United States through avoidance of immigration inspection at air or sea ports-of-entry.
The Attorney General shall provide for expenditures for training and assistance described in clause (iv) in an amount, for any fiscal year, not less than 5 percent of the total of the expenses incurred that are described in the previous sentence.
(B) The amounts which are required to be refunded under subparagraph (A) shall be refunded at least quarterly on the basis of estimates made by the Attorney General of the expenses referred to in subparagraph (A). Proper adjustments shall be made in the amounts subsequently refunded under subparagraph (A) to the extent prior estimates were in excess of, or less than, the amount required to be refunded under subparagraph (A).
(i) Reimbursement
(j) Regulations
(k) Advisory committee
(l) Report to Congress
(m) Immigration Examinations Fee Account
(n) Reimbursement of administrative expenses; transfer of deposits to General Fund of United States Treasury
(o) Annual financial reports to Congress
(p) Additional effective dates
(q) Land Border Inspection Fee Account
(1)
(A)
(i) Notwithstanding any other provision of law, the Attorney General is authorized to establish, by regulation, not more than 96 projects under which a fee may be charged and collected for inspection services provided at one or more land border points of entry. Such projects may include the establishment of commuter lanes to be made available to qualified United States citizens and aliens, as determined by the Attorney General.
(ii) This subparagraph shall take effect, with respect to any project described in clause (1) 2
2 So in original. Probably should be clause “(i)”.
that was not authorized to be commenced before September 30, 1996, 30 days after submission of a written plan by the Attorney General detailing the proposed implementation of such project.
(iii) The Attorney General shall prepare and submit on a quarterly basis a status report on each land border inspection project implemented under this subparagraph.
(B) The Attorney General, in consultation with the Secretary of the Treasury, may conduct pilot projects to demonstrate the use of designated ports of entry after working hours through the use of card reading machines or other appropriate technology.
(2) All of the fees collected under this subsection, including receipts for services performed in processing forms I–94, I–94W, and I–68, and other similar applications processed at land border ports of entry, shall be deposited as offsetting receipts in a separate account within the general fund of the Treasury of the United States, to remain available until expended. Such account shall be known as the Land Border Inspection Fee Account.
(3)
(A) The Secretary of the Treasury shall refund, at least on a quarterly basis amounts to any appropriations for expenses incurred in providing inspection services at land border points of entry. Such expenses shall include—
(i) the providing of overtime inspection services;
(ii) the expansion, operation and maintenance of information systems for nonimmigrant control;
(iii) the hire of additional permanent and temporary inspectors;
(iv) the minor construction costs associated with the addition of new traffic lanes (with the concurrence of the General Services Administration);
(v) the detection of fraudulent documents used by passengers travelling to the United States;
(vi) providing for the administration of said account.
(B) The amounts required to be refunded from the Land Border Inspection Fee Account for fiscal years 1992 and thereafter shall be refunded in accordance with estimates made in the budget request of the Attorney General for those fiscal years: Provided, That any proposed changes in the amounts designated in said budget requests shall only be made after notification to the Committees on Appropriations of the House of Representatives and the Senate in accordance with section 606 of Public Law 101–162.
(4) The Attorney General will prepare and submit annually to the Congress statements of financial condition of the Land Border Immigration Fee Account, including beginning account balance, revenues, withdrawals, and ending account balance and projection for the ensuing fiscal year.
(r) Breached Bond/Detention Fund
(1) Notwithstanding any other provision of law, there is established in the general fund of the Treasury a separate account which shall be known as the Breached Bond/Detention Fund (in this subsection referred to as the “Fund”).
(2) There shall be deposited as offsetting receipts into the Fund all breached cash and surety bonds, in excess of $8,000,000, posted under this chapter which are recovered by the Department of Justice, and amount 3
3 So in original.
described in section 1255(i)(3)(b) 4
4 So in original. Probably should be section “1255(i)(3)(B)”.
of this title.
(3) Such amounts as are deposited into the Fund shall remain available until expended and shall be refunded out of the Fund by the Secretary of the Treasury, at least on a quarterly basis, to the Attorney General for the following purposes—
(i) for expenses incurred in the collection of breached bonds, and
(ii) for expenses associated with the detention of illegal aliens.
(4) The amounts required to be refunded from the Fund for fiscal year 1998 and thereafter shall be refunded in accordance with estimates made in the budget request of the President for those fiscal years. Any proposed changes in the amounts designated in such budget requests shall only be made after Congressional reprogramming notification in accordance with the reprogramming guidelines for the applicable fiscal year.
(5) The Attorney General shall prepare and submit annually to the Congress, statements of financial condition of the Fund, including the beginning balance, receipts, refunds to appropriations, transfers to the general fund, and the ending balance.
(6) For fiscal year 1993 only, the Attorney General may transfer up to $1,000,000 from the Immigration User Fee Account to the Fund for initial expenses necessary to enhance collection efforts: Provided, That any such transfers shall be refunded from the Fund back to the Immigration User Fee Account by December 31, 1993.
(s) H–1B Nonimmigrant Petitioner Account
(1) In general
(2) Use of fees for job training
(3) Use of fees for low-income scholarship program
(4) National Science Foundation competitive grant program for K–12 math, science and technology education
(A) In general
(B) Types of programs covered
(5) Use of fees for duties relating to petitions
(6) Use of fees for application processing and enforcement
(t) Genealogy Fee
(1) There is hereby established the Genealogy Fee for providing genealogy research and information services. This fee shall be deposited as offsetting collections into the Examinations Fee Account. Fees for such research and information services may be set at a level that will ensure the recovery of the full costs of providing all such services.
(2) The Attorney General will prepare and submit annually to Congress statements of the financial condition of the Genealogy Fee.
(3) Any officer or employee of the Immigration and Naturalization Service shall collect fees prescribed under regulation before disseminating any requested genealogical information.
(u) Premium fee for certain immigration benefit types
(1) In general
(2) Immigration benefit typesSubject to reasonable conditions or limitations, the Secretary shall establish a premium fee under paragraph (1) in connection with—
(A) employment-based nonimmigrant petitions and associated applications for dependents of the beneficiaries of such petitions;
(B) employment-based immigrant petitions filed by or on behalf of aliens described in paragraph (1), (2), or (3) of section 1153(b) of this title;
(C) applications to change or extend nonimmigrant status;
(D) applications for employment authorization; and
(E) any other immigration benefit type that the Secretary deems appropriate for premium processing.
(3) Amount of fee
(A) In general
(B) Other immigration benefit types
(C) Biennial adjustment
(4) Use of feeFees collected under this subsection may only be used by U.S. Citizenship and Immigration Services to—
(A) provide the services described in paragraph (5) to premium processing requestors;
(B) make infrastructure improvements in adjudications processes and the provision of information and services to immigration and naturalization benefit requestors;
(C) respond to adjudication demands, including by reducing the number of pending immigration and naturalization benefit requests; and
(D) otherwise offset the cost of providing adjudication and naturalization services.
(5) Premium processing servicesThe Secretary—
(A) may suspend the availability of premium processing for designated immigration benefit requests only if circumstances prevent the completion of processing of a significant number of such requests within the required period; and
(B) shall ensure that premium processing requestors have direct and reliable access to current case status information as well as the ability to communicate with the premium processing units at each service center or office that provides premium processing services.
(v) Fraud Prevention and Detection Account
(1) In general
(2) Use of fees to combat fraud
(A) Secretary of StateOne-third of the amounts deposited into the Fraud Prevention and Detection Account shall remain available to the Secretary of State until expended for programs and activities at United States embassies and consulates abroad—
(i) to increase the number 6
6 So in original. Probably should be followed by “of”.
diplomatic security personnel assigned exclusively or primarily to the function of preventing and detecting fraud by applicants for visas described in subparagraph (H)(i), (H)(ii), or (L) of section 1101(a)(15) of this title;
(ii) otherwise to prevent and detect visa fraud, including primarily fraud by applicants for visas described in subparagraph (H)(i), (H)(ii), or (L) of section 1101(a)(15) of this title, in cooperation with the Secretary of Homeland Security or pursuant to the terms of a memorandum of understanding or other agreement between the Secretary of State and the Secretary of Homeland Security; and
(iii) upon request by the Secretary of Homeland Security, to assist such Secretary in carrying out the fraud prevention and detection programs and activities described in subparagraph (B).
(B) Secretary of Homeland Security
(C) Secretary of Labor
(D) Consultation
(June 27, 1952, ch. 477, title II, ch. 9, § 286, 66 Stat. 232; Pub. L. 97–116, § 13, Dec. 29, 1981, 95 Stat. 1618; Pub. L. 99–500, § 101(b) [title II, § 205(a), formerly § 205], Oct. 18, 1986, 100 Stat. 1783–39, 1783–53, renumbered § 205(a), Pub. L. 100–525, § 4(a)(2)(A), Oct. 24, 1988, 102 Stat. 2615; Pub. L. 99–591, § 101(b) [title II, § 205], Oct. 30, 1986, 100 Stat. 3341–39, 3341–53; Pub. L. 99–653, § 7(d)(1), Nov. 14, 1986, as added Pub. L. 100–525, § 8(f), Oct. 24, 1988, 102 Stat. 2617; Pub. L. 100–71, title I, § 1, July 11, 1987, 101 Stat. 394; Pub. L. 100–459, title II, § 209(a), Oct. 1, 1988, 102 Stat. 2203; Pub. L. 100–525, § 4(a)(1), (d), Oct. 24, 1988, 102 Stat. 2614, 2615; Pub. L. 101–162, title II, Nov. 21, 1989, 103 Stat. 1000; Pub. L. 101–515, title II, § 210(a), (d), Nov. 5, 1990, 104 Stat. 2120, 2121; Pub. L. 102–232, title III, § 309(a)(1)(A)(i), (B), (2), (b)(12), Dec. 12, 1991, 105 Stat. 1757–1759; Pub. L. 102–395, title I, § 112, Oct. 6, 1992, 106 Stat. 1843; Pub. L. 103–121, title I, Oct. 27, 1993, 107 Stat. 1161; Pub. L. 103–416, title II, § 219(t), Oct. 25, 1994, 108 Stat. 4317; Pub. L. 104–208, div. C, title I, §§ 122(a), 124(a)(1), title III, §§ 308(d)(3)(A), (4)(K), (e)(1)(L), (g)(1), 376(b), 382(b), title VI, § 671(b)(11), (e)(5), (6), Sept. 30, 1996, 110 Stat. 3009–560, 3009–562, 3009–617 to 3009–619, 3009–622, 3009–648, 3009–651, 3009–722, 3009–723; Pub. L. 105–119, title I, § 110(1), (2), Nov. 26, 1997, 111 Stat. 2457; Pub. L. 105–277, div. A, § 101(b) [title I, § 114], div. C, title IV, § 414(b), Oct. 21, 1998, 112 Stat. 2681–50, 2681–68, 2681–652; Pub. L. 106–113, div. B, § 1000(a)(1) [title I, § 118], Nov. 29, 1999, 113 Stat. 1535, 1501A–22; Pub. L. 106–313, title I, §§ 110(a), 113, Oct. 17, 2000, 114 Stat. 1255, 1261; Pub. L. 106–553, § 1(a)(2) [title I, § 112], Dec. 21, 2000, 114 Stat. 2762, 2762A–68; Pub. L. 106–554, § 1(a)(1) [title I, § 106], Dec. 21, 2000, 114 Stat. 2763, 2763A–11; Pub. L. 107–77, title I, §§ 109, 110, Nov. 28, 2001, 115 Stat. 765; Pub. L. 107–173, title IV, § 403(a), May 14, 2002, 116 Stat. 559; Pub. L. 107–206, title I, § 202, Aug. 2, 2002, 116 Stat. 832; Pub. L. 107–273, div. C, title I, § 11016(2), Nov. 2, 2002, 116 Stat. 1824; Pub. L. 107–296, title IV, § 457, Nov. 25, 2002, 116 Stat. 2201; Pub. L. 108–7, div. B, title I, § 108, div. L, § 107, Feb. 20, 2003, 117 Stat. 67, 532; Pub. L. 108–77, title IV, § 402(d)(2), Sept. 3, 2003, 117 Stat. 946; Pub. L. 108–447, div. J, title IV, §§ 426(b), 427, Dec. 8, 2004, 118 Stat. 3357, 3358; Pub. L. 109–13, div. A, title VI, § 6046, div. B, title IV, § 403(b), May 11, 2005, 119 Stat. 295, 319; Pub. L. 109–472, § 2, Jan. 11, 2007, 120 Stat. 3554; Pub. L. 111–117, div. D, title V, § 524(a), Dec. 16, 2009, 123 Stat. 3283; Pub. L. 114–125, title VIII, § 818(a), Feb. 24, 2016, 130 Stat. 222; Pub. L. 115–254, div. B, title V, § 573, Oct. 5, 2018, 132 Stat. 3389; Pub. L. 116–159, div. D, title I, § 4102(a), Oct. 1, 2020, 134 Stat. 738; Pub. L. 117–286, § 4(a)(44), Dec. 27, 2022, 136 Stat. 4310.)

CITE AS: 8 USC 1356

§ 1357. Powers of immigration officers and employees
(a) Powers without warrantAny officer or employee of the Service authorized under regulations prescribed by the Attorney General shall have power without warrant—
(1) to interrogate any alien or person believed to be an alien as to his right to be or to remain in the United States;
(2) to arrest any alien who in his presence or view is entering or attempting to enter the United States in violation of any law or regulation made in pursuance of law regulating the admission, exclusion, expulsion, or removal of aliens, or to arrest any alien in the United States, if he has reason to believe that the alien so arrested is in the United States in violation of any such law or regulation and is likely to escape before a warrant can be obtained for his arrest, but the alien arrested shall be taken without unnecessary delay for examination before an officer of the Service having authority to examine aliens as to their right to enter or remain in the United States;
(3) within a reasonable distance from any external boundary of the United States, to board and search for aliens any vessel within the territorial waters of the United States and any railway car, aircraft, conveyance, or vehicle, and within a distance of twenty-five miles from any such external boundary to have access to private lands, but not dwellings, for the purpose of patrolling the border to prevent the illegal entry of aliens into the United States;
(4) to make arrests for felonies which have been committed and which are cognizable under any law of the United States regulating the admission, exclusion, expulsion, or removal of aliens, if he has reason to believe that the person so arrested is guilty of such felony and if there is likelihood of the person escaping before a warrant can be obtained for his arrest, but the person arrested shall be taken without unnecessary delay before the nearest available officer empowered to commit persons charged with offenses against the laws of the United States; and
(5) to make arrests—
(A) for any offense against the United States, if the offense is committed in the officer’s or employee’s presence, or
(B) for any felony cognizable under the laws of the United States, if the officer or employee has reasonable grounds to believe that the person to be arrested has committed or is committing such a felony,
if the officer or employee is performing duties relating to the enforcement of the immigration laws at the time of the arrest and if there is a likelihood of the person escaping before a warrant can be obtained for his arrest.
Under regulations prescribed by the Attorney General, an officer or employee of the Service may carry a firearm and may execute and serve any order, warrant, subpoena, summons, or other process issued under the authority of the United States. The authority to make arrests under paragraph (5)(B) shall only be effective on and after the date on which the Attorney General publishes final regulations which (i) prescribe the categories of officers and employees of the Service who may use force (including deadly force) and the circumstances under which such force may be used, (ii) establish standards with respect to enforcement activities of the Service, (iii) require that any officer or employee of the Service is not authorized to make arrests under paragraph (5)(B) unless the officer or employee has received certification as having completed a training program which covers such arrests and standards described in clause (ii), and (iv) establish an expedited, internal review process for violations of such standards, which process is consistent with standard agency procedure regarding confidentiality of matters related to internal investigations.
(b) Administration of oath; taking of evidence
(c) Search without warrant
(d) Detainer of aliens for violation of controlled substances lawsIn the case of an alien who is arrested by a Federal, State, or local law enforcement official for a violation of any law relating to controlled substances, if the official (or another official)—
(1) has reason to believe that the alien may not have been lawfully admitted to the United States or otherwise is not lawfully present in the United States,
(2) expeditiously informs an appropriate officer or employee of the Service authorized and designated by the Attorney General of the arrest and of facts concerning the status of the alien, and
(3) requests the Service to determine promptly whether or not to issue a detainer to detain the alien,
the officer or employee of the Service shall promptly determine whether or not to issue such a detainer. If such a detainer is issued and the alien is not otherwise detained by Federal, State, or local officials, the Attorney General shall effectively and expeditiously take custody of the alien.
(e) Restriction on warrantless entry in case of outdoor agricultural operations
(f) Fingerprinting and photographing of certain aliens
(1) Under regulations of the Attorney General, the Commissioner shall provide for the fingerprinting and photographing of each alien 14 years of age or older against whom a proceeding is commenced under section 1229a of this title.
(2) Such fingerprints and photographs shall be made available to Federal, State, and local law enforcement agencies, upon request.
(g) Performance of immigration officer functions by State officers and employees
(1) Notwithstanding section 1342 of title 31, the Attorney General may enter into a written agreement with a State, or any political subdivision of a State, pursuant to which an officer or employee of the State or subdivision, who is determined by the Attorney General to be qualified to perform a function of an immigration officer in relation to the investigation, apprehension, or detention of aliens in the United States (including the transportation of such aliens across State lines to detention centers), may carry out such function at the expense of the State or political subdivision and to the extent consistent with State and local law.
(2) An agreement under this subsection shall require that an officer or employee of a State or political subdivision of a State performing a function under the agreement shall have knowledge of, and adhere to, Federal law relating to the function, and shall contain a written certification that the officers or employees performing the function under the agreement have received adequate training regarding the enforcement of relevant Federal immigration laws.
(3) In performing a function under this subsection, an officer or employee of a State or political subdivision of a State shall be subject to the direction and supervision of the Attorney General.
(4) In performing a function under this subsection, an officer or employee of a State or political subdivision of a State may use Federal property or facilities, as provided in a written agreement between the Attorney General and the State or subdivision.
(5) With respect to each officer or employee of a State or political subdivision who is authorized to perform a function under this subsection, the specific powers and duties that may be, or are required to be, exercised or performed by the individual, the duration of the authority of the individual, and the position of the agency of the Attorney General who is required to supervise and direct the individual, shall be set forth in a written agreement between the Attorney General and the State or political subdivision.
(6) The Attorney General may not accept a service under this subsection if the service will be used to displace any Federal employee.
(7) Except as provided in paragraph (8), an officer or employee of a State or political subdivision of a State performing functions under this subsection shall not be treated as a Federal employee for any purpose other than for purposes of chapter 81 of title 5 (relating to compensation for injury) and sections 2671 through 2680 of title 28 (relating to tort claims).
(8) An officer or employee of a State or political subdivision of a State acting under color of authority under this subsection, or any agreement entered into under this subsection, shall be considered to be acting under color of Federal authority for purposes of determining the liability, and immunity from suit, of the officer or employee in a civil action brought under Federal or State law.
(9) Nothing in this subsection shall be construed to require any State or political subdivision of a State to enter into an agreement with the Attorney General under this subsection.
(10) Nothing in this subsection shall be construed to require an agreement under this subsection in order for any officer or employee of a State or political subdivision of a State—
(A) to communicate with the Attorney General regarding the immigration status of any individual, including reporting knowledge that a particular alien is not lawfully present in the United States; or
(B) otherwise to cooperate with the Attorney General in the identification, apprehension, detention, or removal of aliens not lawfully present in the United States.
(h) Protecting abused juveniles
(June 27, 1952, ch. 477, title II, ch. 9, § 287, 66 Stat. 233; Pub. L. 94–550, § 7, Oct. 18, 1976, 90 Stat. 2535; Pub. L. 99–570, title I, § 1751(d), Oct. 27, 1986, 100 Stat. 3207–47; Pub. L. 99–603, title I, § 116, Nov. 6, 1986, 100 Stat. 3384; Pub. L. 100–525, §§ 2(e), 5, Oct. 24, 1988, 102 Stat. 2610, 2615; Pub. L. 101–649, title V, § 503(a), (b)(1), Nov. 29, 1990, 104 Stat. 5048, 5049; Pub. L. 102–232, title III, § 306(a)(3), Dec. 12, 1991, 105 Stat. 1751; Pub. L. 104–208, div. C, title I, § 133, title III, § 308(d)(4)(L), (e)(1)(M), (g)(5)(A)(i), Sept. 30, 1996, 110 Stat. 3009–563, 3009–618, 3009–619, 3009–623; Pub. L. 109–162, title VIII, § 826, Jan. 5, 2006, 119 Stat. 3065; Pub. L. 109–271, § 6(g), Aug. 12, 2006, 120 Stat. 763.)

CITE AS: 8 USC 1357

§ 1358. Local jurisdiction over immigrant stations

The officers in charge of the various immigrant stations shall admit therein the proper State and local officers charged with the enforcement of the laws of the State or Territory of the United States in which any such immigrant station is located in order that such State and local officers may preserve the peace and make arrests for crimes under the laws of the States and Territories. For the purpose of this section the jurisdiction of such State and local officers and of the State and local courts shall extend over such immigrant stations.

(June 27, 1952, ch. 477, title II, ch. 9, § 288, 66 Stat. 234.)

CITE AS: 8 USC 1358

§ 1359. Application to American Indians born in Canada

Nothing in this subchapter shall be construed to affect the right of American Indians born in Canada to pass the borders of the United States, but such right shall extend only to persons who possess at least 50 per centum of blood of the American Indian race.

(June 27, 1952, ch. 477, title II, ch. 9, § 289, 66 Stat. 234.)

CITE AS: 8 USC 1359

§ 1360. Establishment of central file; information from other departments and agencies
(a) Establishment of central file
(b) Information from other departments and agencies
(c) Reports on social security account numbers and earnings of aliens not authorized to work
(1) Not later than 3 months after the end of each fiscal year (beginning with fiscal year 1996), the Commissioner of Social Security shall report to the Committees on the Judiciary of the House of Representatives and the Senate on the aggregate quantity of social security account numbers issued to aliens not authorized to be employed, with respect to which, in such fiscal year, earnings were reported to the Social Security Administration.
(2) If earnings are reported on or after January 1, 1997, to the Social Security Administration on a social security account number issued to an alien not authorized to work in the United States, the Commissioner of Social Security shall provide the Attorney General with information regarding the name and address of the alien, the name and address of the person reporting the earnings, and the amount of the earnings. The information shall be provided in an electronic form agreed upon by the Commissioner and the Attorney General.
(d) Certification of search of Service records
(June 27, 1952, ch. 477, title II, ch. 9, § 290, 66 Stat. 234; Pub. L. 100–525, § 9(q), Oct. 24, 1988, 102 Stat. 2621; Pub. L. 104–208, div. C, title III, § 308(d)(4)(M), title IV, § 414(a), Sept. 30, 1996, 110 Stat. 3009–618, 3009–669.)

CITE AS: 8 USC 1360

§ 1361. Burden of proof upon alien

Whenever any person makes application for a visa or any other document required for entry, or makes application for admission, or otherwise attempts to enter the United States, the burden of proof shall be upon such person to establish that he is eligible to receive such visa or such document, or is not inadmissible under any provision of this chapter, and, if an alien, that he is entitled to the nonimmigrant, immigrant, special immigrant, immediate relative, or refugee status claimed, as the case may be. If such person fails to establish to the satisfaction of the consular officer that he is eligible to receive a visa or other document required for entry, no visa or other document required for entry shall be issued to such person, nor shall such person be admitted to the United States unless he establishes to the satisfaction of the Attorney General that he is not inadmissible under any provision of this chapter. In any removal proceeding under part IV of this subchapter against any person, the burden of proof shall be upon such person to show the time, place, and manner of his entry into the United States, but in presenting such proof he shall be entitled to the production of his visa or other entry document, if any, and of any other documents and records, not considered by the Attorney General to be confidential, pertaining to such entry in the custody of the Service. If such burden of proof is not sustained, such person shall be presumed to be in the United States in violation of law.

(June 27, 1952, ch. 477, title II, ch. 9, § 291, 66 Stat. 234; Pub. L. 97–116, § 18(k)(1), Dec. 29, 1981, 95 Stat. 1620; Pub. L. 104–208, div. C, title III, § 308(d)(4)(N), (e)(1)(N), (g)(9)(A), Sept. 30, 1996, 110 Stat. 3009–618, 3009–619, 3009–624.)

CITE AS: 8 USC 1361

§ 1362. Right to counsel

In any removal proceedings before an immigration judge and in any appeal proceedings before the Attorney General from any such removal proceedings, the person concerned shall have the privilege of being represented (at no expense to the Government) by such counsel, authorized to practice in such proceedings, as he shall choose.

(June 27, 1952, ch. 477, title II, ch. 9, § 292, 66 Stat. 235; Pub. L. 104–208, div. C, title III, §§ 308(d)(4)(O), 371(b)(9), Sept. 30, 1996, 110 Stat. 3009–619, 3009–645.)

CITE AS: 8 USC 1362

§ 1363. Deposit of and interest on cash received to secure immigration bonds
(a) Cash received by the Attorney General as security on an immigration bond shall be deposited in the Treasury of the United States in trust for the obligor on the bond, and shall bear interest payable at a rate determined by the Secretary of the Treasury, except that in no case shall the interest rate exceed 3 per centum per annum. Such interest shall accrue from date of deposit occurring after April 27, 1966, to and including date of withdrawal or date of breach of the immigration bond, whichever occurs first: Provided, That cash received by the Attorney General as security on an immigration bond, and deposited by him in the postal savings system prior to discontinuance of the system, shall accrue interest as provided in this section from the date such cash ceased to accrue interest under the system. Appropriations to the Treasury Department for interest on uninvested funds shall be available for payment of said interest.
(b) The interest accruing on cash received by the Attorney General as security on an immigration bond shall be subject to the same disposition as prescribed for the principal cash, except that interest accruing to the date of breach of the immigration bond shall be paid to the obligor on the bond.
(June 27, 1952, ch. 477, title II, ch. 9, § 293, as added Pub. L. 91–313, § 2, July 10, 1970, 84 Stat. 413.)

CITE AS: 8 USC 1363

§ 1363a. Undercover investigation authority
(a) In generalWith respect to any undercover investigative operation of the Service which is necessary for the detection and prosecution of crimes against the United States—
(1) sums appropriated for the Service may be used for leasing space within the United States and the territories and possessions of the United States without regard to the following provisions of law:
(A)section 1341(a) of title 31,
(B) section 6301(a) and (b)(1) to (3) of title 41,
(C) chapter 45 of title 41,
(D)section 8141 of title 40,
(E) section 3324(a) and (b) of title 31,
(F)section 6306 of title 41, and
(G)section 3901 of title 41;
(2) sums appropriated for the Service may be used to establish or to acquire proprietary corporations or business entities as part of an undercover operation, and to operate such corporations or business entities on a commercial basis, without regard to the provisions of section 9102 of title 31;
(3) sums appropriated for the Service, and the proceeds from the undercover operation, may be deposited in banks or other financial institutions without regard to the provisions of section 648 of title 18 and of section 3302(a) of title 31; and
(4) the proceeds from the undercover operation may be used to offset necessary and reasonable expenses incurred in such operation without regard to the provisions of section 3302(b) of title 31.
The authority set forth in this subsection may be exercised only upon written certification of the Commissioner, in consultation with the Deputy Attorney General, that any action authorized by paragraph (1), (2), (3), or (4) is necessary for the conduct of the undercover operation.
(b) Disposition of proceeds no longer required
(c) Disposition of certain corporations and business entities
(d) Financial audits
(June 27, 1952, ch. 477, title II, ch. 9, § 294, as added Pub. L. 104–208, div. C, title II, § 205(a), Sept. 30, 1996, 110 Stat. 3009–567.)

CITE AS: 8 USC 1363a

§ 1363b. Repealed. Pub. L. 105–277, div. A, § 101(b) [title I, § 109(b)], Oct. 21, 1998, 112 Stat. 2681–50, 2681–67

CITE AS: 8 USC 1363b

§ 1364. Triennial comprehensive report on immigration
(a) Triennial report
(b) Details in each report
Each report shall include—
(1) the number and classification of aliens admitted (whether as immediate relatives, special immigrants, refugees, or under the preferences classifications, or as nonimmigrants), paroled, or granted asylum, during the relevant period;
(2) a reasonable estimate of the number of aliens who entered the United States during the period without visas or who became deportable during the period under section 237 of the Immigration and Nationality Act [8 U.S.C. 1227]; and
(3) a description of the impact of admissions and other entries of immigrants, refugees, asylees, and parolees into the United States during the period on the economy, labor and housing markets, the educational system, social services, foreign policy, environmental quality and resources, the rate, size, and distribution of population growth in the United States, and the impact on specific States and local units of government of high rates of immigration resettlement.
(c) History and projections
The information (referred to in subsection (b)) contained in each report shall be—
(1) described for the preceding three-year period, and
(2) projected for the succeeding five-year period, based on reasonable estimates substantiated by the best available evidence.
(d) Recommendations
(Pub. L. 99–603, title IV, § 401, Nov. 6, 1986, 100 Stat. 3440; Pub. L. 104–208, div. C, title III, § 308(g)(1), Sept. 30, 1996, 110 Stat. 3009–622.)

CITE AS: 8 USC 1364

§ 1365. Reimbursement of States for costs of incarcerating illegal aliens and certain Cuban nationals
(a) Reimbursement of States
(b) Illegal aliens convicted of a felonyAn illegal alien referred to in subsection (a) is any alien who is any alien convicted of a felony who is in the United States unlawfully and—
(1) whose most recent entry into the United States was without inspection, or
(2) whose most recent admission to the United States was as a nonimmigrant and—
(A) whose period of authorized stay as a nonimmigrant expired, or
(B) whose unlawful status was known to the Government,
before the date of the commission of the crime for which the alien is convicted.
(c) Marielito Cubans convicted of a felonyA Marielito Cuban convicted of a felony referred to in subsection (a) is a national of Cuba who—
(1) was allowed by the Attorney General to come to the United States in 1980,
(2) after such arrival committed any violation of State or local law for which a term of imprisonment was imposed, and
(3) at the time of such arrival and at the time of such violation was not an alien lawfully admitted to the United States—
(A) for permanent or temporary residence, or
(B) under the terms of an immigrant visa or a nonimmigrant visa issued,
under the laws of the United States.
(d) Authorization of appropriations
(e) “State” defined
(Pub. L. 99–603, title V, § 501, Nov. 6, 1986, 100 Stat. 3443.)

CITE AS: 8 USC 1365

§ 1365a. Integrated entry and exit data system
(a) Requirement
(b) Integrated entry and exit data system definedFor 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).
(c) Construction
(1) No additional authority to impose documentary or data collection requirementsNothing 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 USMCA (as defined in section 4502 of title 19).
(2) No reduction of authority
(d) Deadlines
(1) Airports and seaports
(2) High-traffic land border ports of entry
(3) Remaining data
(e) Reports
(1) In general
(2) InformationEach 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
(2) Other law enforcement officials
(g) Use of task force recommendations
(h) Authorization of appropriations
(Pub. L. 104–208, div. C, title I, § 110, Sept. 30, 1996, 110 Stat. 3009–558; Pub. L. 105–259, § 1, Oct. 15, 1998, 112 Stat. 1918; Pub. L. 105–277, div. A, § 101(b) [title I, § 116], Oct. 21, 1998, 112 Stat. 2681–50, 2681–68; Pub. L. 106–215, § 2(a), June 15, 2000, 114 Stat. 337; Pub. L. 116–113, title V, § 503(d)(1), Jan. 29, 2020, 134 Stat. 72.)

CITE AS: 8 USC 1365a

§ 1365b. Biometric entry and exit data system
(a) Finding
(b) DefinitionIn this section, the term “entry and exit data system” means the entry and exit system required by applicable sections of—
(1) the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (Public Law 104–208);
(2) the Immigration and Naturalization Service Data Management Improvement Act of 2000 (Public Law 106–205) 1
1 So in original. Probably should be “(Public Law 106–215)”.
 ;
(3) the Visa Waiver Permanent Program Act (Public Law 106–396);
(4) the Enhanced Border Security and Visa Entry Reform Act of 2002 (Public Law 107–173) [8 U.S.C. 1701 et seq]; and
(5) the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism (USA PATRIOT ACT) Act of 2001 (Public Law 107–56).
(c) Plan and report
(1) Development of plan
(2) ReportNot later than 180 days after December 17, 2004, the Secretary shall submit a report to Congress on the plan developed under paragraph (1), which shall contain—
(A) a description of the current functionality of the entry and exit data system, including—
(i) a listing of ports of entry and other Department of Homeland Security and Department of State locations with biometric entry data systems in use and whether such screening systems are located at primary or secondary inspection areas;
(ii) a listing of ports of entry and other Department of Homeland Security and Department of State locations with biometric exit data systems in use;
(iii) a listing of databases and data systems with which the entry and exit data system are interoperable;
(iv) a description of—(I) identified deficiencies concerning the accuracy or integrity of the information contained in the entry and exit data system;(II) identified deficiencies concerning technology associated with processing individuals through the system; and(III) programs or policies planned or implemented to correct problems identified in subclause (I) or (II); and
(v) an assessment of the effectiveness of the entry and exit data system in fulfilling its intended purposes, including preventing terrorists from entering the United States;
(B) a description of factors relevant to the accelerated implementation of the biometric entry and exit data system, including—
(i) the earliest date on which the Secretary estimates that full implementation of the biometric entry and exit data system can be completed;
(ii) the actions the Secretary will take to accelerate the full implementation of the biometric entry and exit data system at all ports of entry through which all aliens must pass that are legally required to do so; and
(iii) the resources and authorities required to enable the Secretary to meet the implementation date described in clause (i);
(C) a description of any improvements needed in the information technology employed for the biometric entry and exit data system;
(D) a description of plans for improved or added interoperability with any other databases or data systems; and
(E) a description of the manner in which the Department of Homeland Security’s US-VISIT program—
(i) meets the goals of a comprehensive entry and exit screening system, including both entry and exit biometric; and
(ii) fulfills the statutory obligations under subsection (b).
(d) Collection of biometric exit data
(e) Integration and interoperability
(1) Integration of data systemNot later than 2 years after December 17, 2004, the Secretary shall fully integrate all databases and data systems that process or contain information on aliens, which are maintained by—
(A) the Department of Homeland Security, at—
(i) the United States Immigration and Customs Enforcement;
(ii) the United States Customs and Border Protection; and
(iii) the United States Citizenship and Immigration Services;
(B) the Department of Justice, at the Executive Office for Immigration Review; and
(C) the Department of State, at the Bureau of Consular Affairs.
(2) Interoperable component
(3) Interoperable data systemNot later than 2 years after December 17, 2004, the Secretary shall fully implement an interoperable electronic data system, as required by section 202 of the Enhanced Border Security and Visa Entry Reform Act 2
2 So in original. Probably should be followed by “of 2002”.
(8 U.S.C. 1722) to provide current and immediate access to information in the databases of Federal law enforcement agencies and the intelligence community that is relevant to determine—
(A) whether to issue a visa; or
(B) the admissibility or deportability of an alien.
(f) Maintaining accuracy and integrity of entry and exit data system
(1) Policies and procedures
(A) Establishment
(B) Training
(2) Data collected from foreign nationals
(3) Data maintenance procedures
(4) RequirementsThe rules, guidelines, policies, and procedures established under this subsection shall—
(A) incorporate a simple and timely method for—
(i) correcting errors in a timely and effective manner;
(ii) determining which government officer provided data so that the accuracy of the data can be ascertained; and
(iii) clarifying information known to cause false hits or misidentification errors;
(B) include procedures for individuals to—
(i) seek corrections of data contained in the databases or data systems; and
(ii) appeal decisions concerning data contained in the databases or data systems;
(C) strictly limit the agency personnel authorized to enter data into the system;
(D) identify classes of information to be designated as temporary or permanent entries, with corresponding expiration dates for temporary entries; and
(E) identify classes of prejudicial information requiring additional authority of supervisory personnel before entry.
(5) Centralizing and streamlining correction process
(A) In general
(B) Time schedules
(g) Integrated biometric entry-exit screening systemThe biometric entry and exit data system shall facilitate efficient immigration benefits processing by—
(1) ensuring that the system’s tracking capabilities encompass data related to all immigration benefits processing, including—
(A) visa applications with the Department of State;
(B) immigration related filings with the Department of Labor;
(C) cases pending before the Executive Office for Immigration Review; and
(D) matters pending or under investigation before the Department of Homeland Security;
(2) utilizing a biometric based identity number tied to an applicant’s biometric algorithm established under the entry and exit data system to track all immigration related matters concerning the applicant;
(3) providing that—
(A) all information about an applicant’s immigration related history, including entry and exit history, can be queried through electronic means; and
(B) database access and usage guidelines include stringent safeguards to prevent misuse of data;
(4) providing real-time updates to the information described in paragraph (3)(A), including pertinent data from all agencies referred to in paragraph (1); and
(5) providing continuing education in counterterrorism techniques, tools, and methods for all Federal personnel employed in the evaluation of immigration documents and immigration-related policy.
(h) Entry-exit system goalsThe Department of Homeland Security shall operate the biometric entry and exit system so that it—
(1) serves as a vital counterterrorism tool;
(2) screens travelers efficiently and in a welcoming manner;
(3) provides inspectors and related personnel with adequate real-time information;
(4) ensures flexibility of training and security protocols to most effectively comply with security mandates;
(5) integrates relevant databases and plans for database modifications to address volume increase and database usage; and
(6) improves database search capacities by utilizing language algorithms to detect alternate names.
(i) Dedicated specialists and front line personnel trainingIn implementing the provisions of subsections (g) and (h), the Department of Homeland Security and the Department of State shall—
(1) develop cross-training programs that focus on the scope and procedures of the entry and exit data system;
(2) provide extensive community outreach and education on the entry and exit data system’s procedures;
(3) provide clear and consistent eligibility guidelines for applicants in low-risk traveler programs; and
(4) establish ongoing training modules on immigration law to improve adjudications at our ports of entry, consulates, and embassies.
(j) Compliance status reports
(k) Expediting registered travelers across international borders
(1) FindingsConsistent with the report of the National Commission on Terrorist Attacks Upon the United States, Congress makes the following findings:
(A) Expediting the travel of previously screened and known travelers across the borders of the United States should be a high priority.
(B) The process of expediting known travelers across the borders of the United States can permit inspectors to better focus on identifying terrorists attempting to enter the United States.
(2) Definition
(3) International registered traveler program
(A) In general
(B) Fees
(C) Rulemaking
(D) Implementation
(E) ParticipationThe Secretary shall ensure that the international registered traveler program includes as many participants as practicable by—
(i) establishing a reasonable cost of enrollment;
(ii) making program enrollment convenient and easily accessible; and
(iii) providing applicants with clear and consistent eligibility guidelines.
(4) Report
(l) Authorization of appropriations
(Pub. L. 108–458, title VII, § 7208, Dec. 17, 2004, 118 Stat. 3817; Pub. L. 110–161, div. E, title V, § 565, Dec. 26, 2007, 121 Stat. 2091.)

CITE AS: 8 USC 1365b

§ 1366. Annual report on criminal aliens
Not later than 12 months after September 30, 1996, and annually thereafter, the Attorney General shall submit to the Committees on the Judiciary of the House of Representatives and of the Senate a report detailing—
(1) the number of illegal aliens incarcerated in Federal and State prisons for having committed felonies, stating the number incarcerated for each type of offense;
(2) the number of illegal aliens convicted of felonies in any Federal or State court, but not sentenced to incarceration, in the year before the report was submitted, stating the number convicted for each type of offense;
(3) programs and plans underway in the Department of Justice to ensure the prompt removal from the United States of criminal aliens subject to removal; and
(4) methods for identifying and preventing the unlawful reentry of aliens who have been convicted of criminal offenses in the United States and removed from the United States.
(Pub. L. 104–208, div. C, title III, § 332, Sept. 30, 1996, 110 Stat. 3009–634.)

CITE AS: 8 USC 1366

§ 1367. Penalties for disclosure of information
(a) In generalExcept as provided in subsection (b), in no case may the Attorney General, or any other official or employee of the Department of Justice, the Secretary of Homeland Security, the Secretary of State, or any other official or employee of the Department of Homeland Security or Department of State (including any bureau or agency of either of such Departments)—
(1) make an adverse determination of admissibility or deportability of an alien under the Immigration and Nationality Act [8 U.S.C. 1101 et seq.] using information furnished solely by—
(A) a spouse or parent who has battered the alien or subjected the alien to extreme cruelty,
(B) a member of the spouse’s or parent’s family residing in the same household as the alien who has battered the alien or subjected the alien to extreme cruelty when the spouse or parent consented to or acquiesced in such battery or cruelty,
(C) a spouse or parent who has battered the alien’s child or subjected the alien’s child to extreme cruelty (without the active participation of the alien in the battery or extreme cruelty),
(D) a member of the spouse’s or parent’s family residing in the same household as the alien who has battered the alien’s child or subjected the alien’s child to extreme cruelty when the spouse or parent consented to or acquiesced in such battery or cruelty and the alien did not actively participate in such battery or cruelty,
(E) in the case of an alien applying for status under section 101(a)(15)(U) of the Immigration and Nationality Act [8 U.S.C. 1101(a)(15)(U)], the perpetrator of the substantial physical or mental abuse and the criminal activity,1
1 So in original. Probably should be followed by “or”.
(F) in the case of an alien applying for status under section 101(a)(15)(T) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(T)), under section 7105(b)(1)(E)(i)(II)(bb) of title 22, under section 244(a)(3) of the Immigration and Nationality Act (8 U.S.C. 1254a(a)(3)), as in effect prior to March 31, 1999, or as a VAWA self-petitioner (as defined in section 101(a)(51) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(51)) 2
2 So in original. Probably should be followed by a closing parenthesis.
, the trafficker or perpetrator,
unless the alien has been convicted of a crime or crimes listed in section 237(a)(2) of the Immigration and Nationality Act [8 U.S.C. 1227(a)(2)]; or
(2) permit use by or disclosure to anyone (other than a sworn officer or employee of the Department, or bureau or agency thereof, for legitimate Department, bureau, or agency purposes) of any information which relates to an alien who is the beneficiary of an application for relief under paragraph (15)(T), (15)(U), or (51) of section 101(a) of the Immigration and Nationality Act [8 U.S.C. 1101(a)(15)(T), (U), (51)] or section 240A(b)(2) of such Act [8 U.S.C. 1229b(b)(2)].
The limitation under paragraph (2) ends when the application for relief is denied and all opportunities for appeal of the denial have been exhausted.
(b) Exceptions
(1) The Secretary of Homeland Security or the Attorney General may provide, in the Secretary’s or the Attorney General’s discretion, for the disclosure of information in the same manner and circumstances as census information may be disclosed by the Secretary of Commerce under section 8 of title 13.
(2) The Secretary of Homeland Security or the Attorney General may provide in the discretion of the Secretary or the Attorney General for the disclosure of information to law enforcement officials to be used solely for a legitimate law enforcement purpose in a manner that protects the confidentiality of such information.
(3) Subsection (a) shall not be construed as preventing disclosure of information in connection with judicial review of a determination in a manner that protects the confidentiality of such information.
(4) Subsection (a)(2) shall not apply if all the battered individuals in the case are adults and they have all waived the restrictions of such subsection.
(5) The Secretary of Homeland Security and the Attorney General are authorized to disclose information, to Federal, State, and local public and private agencies providing benefits, to be used solely in making determinations of eligibility for benefits pursuant to section 1641(c) of this title.
(6) Subsection (a) may not be construed to prevent the Attorney General and the Secretary of Homeland Security from disclosing to the chairmen and ranking members of the Committee on the Judiciary of the Senate or the Committee on the Judiciary of the House of Representatives, for the exercise of congressional oversight authority, information on closed cases under this section in a manner that protects the confidentiality of such information and that omits personally identifying information (including locational information about individuals).
(7) Government entities adjudicating applications for relief under subsection (a)(2), and government personnel carrying out mandated duties under section 101(i)(1) of the Immigration and Nationality Act [8 U.S.C. 1101(i)(1)], may, with the prior written consent of the alien involved, communicate with nonprofit, nongovernmental victims’ service providers for the sole purpose of assisting victims in obtaining victim services from programs with expertise working with immigrant victims. Agencies receiving referrals are bound by the provisions of this section. Nothing in this paragraph shall be construed as affecting the ability of an applicant to designate a safe organization through whom governmental agencies may communicate with the applicant.
(8) Notwithstanding subsection (a)(2), the Secretary of Homeland Security, the Secretary of State, or the Attorney General may provide in the discretion of either such Secretary or the Attorney General for the disclosure of information to national security officials to be used solely for a national security purpose in a manner that protects the confidentiality of such information.
(c) Penalties for violations
(d) Guidance
(Pub. L. 104–208, div. C, title III, §§ 308(g)(8)(D), 384, Sept. 30, 1996, 110 Stat. 3009–624, 3009–652; Pub. L. 105–33, title V, § 5572(b), Aug. 5, 1997, 111 Stat. 641; Pub. L. 106–386, div. B, title V, § 1513(d), Oct. 28, 2000, 114 Stat. 1536; Pub. L. 109–162, title VIII, § 817, Jan. 5, 2006, 119 Stat. 3060; Pub. L. 109–271, § 6(h), Aug. 12, 2006, 120 Stat. 763; Pub. L. 113–4, title VIII, § 810(a), (b), (d), Mar. 7, 2013, 127 Stat. 117, 118.)

CITE AS: 8 USC 1367

§ 1368. Increase in INS detention facilities; report on detention space
(a) Increase in detention facilities
(b) Report on detention space
(1) In general
Not later than 6 months after September 30, 1996, and every 6 months thereafter, the Attorney General shall submit a report to the Committees on the Judiciary of the House of Representatives and of the Senate estimating the amount of detention space that will be required, during the fiscal year in which the report is submitted and the succeeding fiscal year, to detain—
(A) all aliens subject to detention under section 1226(c) of this title and section 1231(a) of this title;
(B) all inadmissible or deportable aliens subject to proceedings under section 1228 of this title or section 1225(b)(2)(A) or 1229a of this title; and
(C) other inadmissible or deportable aliens in accordance with the priorities established by the Attorney General.
(2) Estimate of number of aliens released into the community
(A) Criminal aliens
(i) In general
The first report submitted under paragraph (1) shall include an estimate of the number of criminal aliens who, in each of the 3 fiscal years concluded prior to the date of the report—
(I) were released from detention facilities of the Immigration and Naturalization Service (whether operated directly by the Service or through contract with other persons or agencies); or(II) were not taken into custody or detention by the Service upon completion of their incarceration.
(ii) Aliens convicted of aggravated felonies
(B) All inadmissible or deportable aliens
(C) Subsequent reports
(Pub. L. 104–208, div. C, title III, §§ 308(g)(10)(G), 386, Sept. 30, 1996, 110 Stat. 3009–625, 3009–653.)

CITE AS: 8 USC 1368

§ 1369. Treatment of expenses subject to emergency medical services exception
(a) In general
(b) Confirmation of immigration status required
(c) Administration
(d) “Emergency medical condition” defined
For purposes of this section, the term “emergency medical condition” means a medical condition (including emergency labor and delivery) manifesting itself by acute symptoms of sufficient severity (including severe pain) such that the absence of immediate medical attention could reasonably be expected to result in—
(1) placing the patient’s health in serious jeopardy,
(2) serious impairment to bodily functions, or
(3) serious dysfunction of any bodily organ or part.
(e) Effective date
(Pub. L. 104–208, div. C, title V, § 562, Sept. 30, 1996, 110 Stat. 3009–682.)

CITE AS: 8 USC 1369

§ 1370. Reimbursement of States and localities for emergency ambulance services
Subject to the availability of appropriations, the Attorney General shall fully reimburse States and political subdivisions of States for costs incurred by such a State or subdivision for emergency ambulance services provided to any alien who—
(1) is injured while crossing a land or sea border of the United States without inspection or at any time or place other than as designated by the Attorney General; and
(2) is under the custody of the State or subdivision pursuant to a transfer, request, or other action by a Federal authority.
(Pub. L. 104–208, div. C, title V, § 563, Sept. 30, 1996, 110 Stat. 3009–683.)

CITE AS: 8 USC 1370

§ 1371. Reports
Not later than 180 days after the end of each fiscal year, the Attorney General shall submit a report to the Inspector General of the Department of Justice and the Committees on the Judiciary of the House of Representatives and of the Senate describing the following:
(1) Public charge deportations
(2) Indigent sponsors
(3) Reimbursement actions
(Pub. L. 104–208, div. C, title V, § 565, Sept. 30, 1996, 110 Stat. 3009–684.)

CITE AS: 8 USC 1371

§ 1372. Program to collect information relating to nonimmigrant foreign students and other exchange program participants
(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) 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).
(2) Deadline
(3) Aliens for whom a visa is required
The Attorney General, in consultation with the Secretary of State, shall establish an electronic means to monitor and verify—
(A) the issuance of documentation of acceptance of a foreign student by an approved institution of higher education or other approved educational institution, or of an exchange visitor program participant by a designated exchange visitor program;
(B) the transmittal of the documentation referred to in subparagraph (A) to the Department of State for use by the Bureau of Consular Affairs;
(C) the issuance of a visa to a foreign student or an exchange visitor program participant;
(D) the admission into the United States of the foreign student or exchange visitor program participant;
(E) the notification to an approved institution of higher education, other approved educational institution, or exchange visitor program sponsor that the foreign student or exchange visitor participant has been admitted into the United States;
(F) the registration and enrollment of that foreign student in such approved institution of higher education or other approved educational institution, or the participation of that exchange visitor in such designated exchange visitor program, as the case may be; and
(G) any other relevant act by the foreign student or exchange visitor program participant, including a changing of school or designated exchange visitor program and any termination of studies or participation in a designated exchange visitor program.
(4) Reporting requirements
(b) Covered countries
(c) Information to be collected
(1) In general
The information for collection under subsection (a) 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,,1
1 So in original.
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;
(D) in the case of a student at an approved institution of higher education, or other approved educational institution,,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; and 2
2 So in original. The word “and” probably should not appear.
(E) the date of entry and port of entry;
(F) the date of the alien’s enrollment in an approved institution of higher education, other approved educational institution, or designated exchange visitor program in the United States;
(G) the degree program, if applicable, and field of study; and
(H) the date of the alien’s termination of enrollment and the reason for such termination (including graduation, disciplinary action or other dismissal, and failure to re-enroll).
(2) FERPA
(3) Electronic collection
(4) Computer software
(A) Collecting institutions
(B) Attorney General
(5) Reporting requirements
(d) Participation by institutions of higher education and exchange visitor programs
(1) Condition
The information described in subsection (c) 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,,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
(e) Funding
(1) In general
(2) Remittance
(3) Aliens described
(4) Amount and use of fees
(A) Establishment of amount
(B) Use
(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
(f) Joint report
(g) Worldwide applicability of program
(1) Expansion of program
(2) Revision of fee
(h) Definitions
As used in this section:
(1) Approved institution of higher education
(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.
(3) Other approved educational institution
(Pub. L. 104–208, div. C, title VI, § 641, Sept. 30, 1996, 110 Stat. 3009–704; Pub. L. 106–396, title IV, §§ 404–406, Oct. 30, 2000, 114 Stat. 1649, 1650; Pub. L. 106–553, § 1(a)(2) [title I, § 110], Dec. 21, 2000, 114 Stat. 2762, 2762A–68; Pub. L. 107–56, title IV, § 416(c), Oct. 26, 2001, 115 Stat. 354; Pub. L. 107–173, title V, § 501(a), May 14, 2002, 116 Stat. 560.)

CITE AS: 8 USC 1372

§ 1373. Communication between government agencies and the Immigration and Naturalization Service
(a) In general
(b) Additional authority of government entities
Notwithstanding any other provision of Federal, State, or local law, no person or agency may prohibit, or in any way restrict, a Federal, State, or local government entity from doing any of the following with respect to information regarding the immigration status, lawful or unlawful, of any individual:
(1) Sending such information to, or requesting or receiving such information from, the Immigration and Naturalization Service.
(2) Maintaining such information.
(3) Exchanging such information with any other Federal, State, or local government entity.
(c) Obligation to respond to inquiries
(Pub. L. 104–208, div. C, title VI, § 642, Sept. 30, 1996, 110 Stat. 3009–707.)

CITE AS: 8 USC 1373

§ 1374. Information regarding female genital mutilation
(a) Provision of information regarding female genital mutilation
The Immigration and Naturalization Service (in cooperation with the Department of State) shall make available for all aliens who are issued immigrant or nonimmigrant visas, prior to or at the time of entry into the United States, the following information:
(1) Information on the severe harm to physical and psychological health caused by female genital mutilation which is compiled and presented in a manner which is limited to the practice itself and respectful to the cultural values of the societies in which such practice takes place.
(2) Information concerning potential legal consequences in the United States for (A) performing female genital mutilation, or (B) allowing a child under his or her care to be subjected to female genital mutilation, under criminal or child protection statutes or as a form of child abuse.
(b) Limitation
(c) “Female genital mutilation” defined
(Pub. L. 104–208, div. C, title VI, § 644, Sept. 30, 1996, 110 Stat. 3009–708.)

CITE AS: 8 USC 1374

§ 1375. Repealed. Pub. L. 109–162, title VIII, § 833(g), Jan. 5, 2006, 119 Stat. 3077

CITE AS: 8 USC 1375

§ 1375a. Domestic violence information and resources for immigrants and regulation of international marriage brokers
(a) Information for K nonimmigrants on legal rights and resources for immigrant victims of domestic violence
(1) In general
(2) Information pamphletThe information pamphlet developed under paragraph (1) shall include information on the following:
(A) The K nonimmigrant visa application process and the marriage-based immigration process, including conditional residence and adjustment of status.
(B) The illegality of domestic violence, sexual assault, and child abuse in the United States and the dynamics of domestic violence.
(C) Domestic violence and sexual assault services in the United States, including the National Domestic Violence Hotline and the National Sexual Assault Hotline.
(D) The legal rights of immigrant victims of abuse and other crimes in immigration, criminal justice, family law, and other matters, including access to protection orders.
(E) The obligations of parents to provide child support for children.
(F) Marriage fraud under United States immigration laws and the penalties for committing such fraud.
(G) A warning concerning the potential use of K nonimmigrant visas by United States citizens who have a history of committing domestic violence, sexual assault, child abuse, or other crimes and an explanation that such acts may not have resulted in a criminal record for such a citizen.
(H) Notification of the requirement under subsection (d)(3)(A) that international marriage brokers provide foreign national clients with background information gathered on United States clients from searches of the National Sex Offender Public Website and collected from United States clients regarding their marital history and domestic violence or other violent criminal history, but that such information may not be complete or accurate because the United States client may not have a criminal record or may not have truthfully reported their marital or criminal record.
(3) Summaries
(4) Translation
(A) In general
(B) Revision
(5) Availability and distributionThe information pamphlet developed under paragraph (1) shall be made available and distributed as follows:
(A) Mailings to K nonimmigrant visa applicants
(i) The pamphlet shall be mailed by the Secretary of State to each applicant for a K nonimmigrant visa at the same time that the instruction packet regarding the visa application process is mailed to such applicant. The pamphlet so mailed shall be in the primary language of the applicant or in English if no translation into the applicant’s primary language is available.
(ii) The Secretary of Homeland Security shall provide to the Secretary of State, for inclusion in the mailing under clause (i), a copy of the petition submitted by the petitioner for such applicant under subsection (d) or (r) of section 1184 of this title.
(iii) The Secretary of Homeland Security shall provide to the Secretary of State, for inclusion in the mailing described in clause (i), any criminal background information the Secretary of Homeland Security possesses with respect to a petitioner under subsection (d) or (r) of section 1184 of this title. The Secretary of State, in turn, shall share any such criminal background information that is in government records or databases with the K nonimmigrant visa applicant who is the beneficiary of the petition. The visa applicant shall be informed that such criminal background information is based on available records and may not be complete. The Secretary of State also shall provide for the disclosure of such criminal background information to the visa applicant at the consular interview in the primary language of the visa applicant.
(iv) The Secretary of Homeland Security shall conduct a background check of the National Crime Information Center’s Protection Order Database on each petitioner for a visa under subsection (d) or (r) of section 1184 of this title. Any appropriate information obtained from such background check—(I) shall accompany the criminal background information provided by the Secretary of Homeland Security to the Secretary of State and shared by the Secretary of State with a beneficiary of a petition referred to in clause (iii); and(II) shall not be used or disclosed for any other purpose unless expressly authorized by law.
(v) The Secretary of Homeland Security shall create a cover sheet or other mechanism to accompany the information required to be provided to an applicant for a visa under subsection (d) or (r) of section 1184 of this title by clauses (i) through (iv) of this paragraph or by clauses (i) and (ii) of subsection (r)(4)(B) of such section 1184 of this title, that calls to the applicant’s attention—(I) whether the petitioner disclosed a protection order, a restraining order, or criminal history information on the visa petition;(II) the criminal background information and information about any protection order obtained by the Secretary of Homeland Security regarding the petitioner in the course of adjudicating the petition; and(III) whether the information the petitioner disclosed on the visa petition regarding any previous petitions filed under subsection (d) or (r) of such section 1184 of this title is consistent with the information in the multiple visa tracking database of the Department of Homeland Security, as described in subsection (r)(4)(A) of such section 1184 of this title.
(B) Consular access
(C) Posting on Federal websites
(D) International marriage brokers and victim advocacy organizations
(6) Deadline for pamphlet development and distribution
(b) Visa and adjustment interviews
(1) Fiancé(e)s, spouses and their derivativesDuring an interview with an applicant for a K nonimmigrant visa, a consular officers shall—
(A) provide information, in the primary language of the visa applicant, on protection orders and criminal convictions collected under subsection (a)(5)(A)(iii);
(B) provide a copy of the pamphlet developed under subsection (a)(1) in English or another appropriate language and provide an oral summary, in the primary language of the visa applicant, of that pamphlet; and
(C) ask the applicant, in the primary language of the applicant, whether an international marriage broker has facilitated the relationship between the applicant and the United States petitioner, and, if so, obtain the identity of the international marriage broker from the applicant and confirm that the international marriage broker provided to the applicant the information and materials required under subsection (d)(3)(A)(iii).
(2) Family-based applicants
(c) Confidentiality
(d) Regulation of international marriage brokers
(1) Prohibition on marketing of or to children
(A) In general
(B) ComplianceTo comply with the requirements of subparagraph (A), an international marriage broker shall—
(i) obtain a valid copy of each foreign national client’s birth certificate or other proof of age document issued by an appropriate government entity;
(ii) indicate on such certificate or document the date it was received by the international marriage broker;
(iii) retain the original of such certificate or document for 7 years after such date of receipt; and
(iv) produce such certificate or document upon request to an appropriate authority charged with the enforcement of this paragraph.
(2) Requirements of international marriage brokers with respect to mandatory collection of background information
(A) In general
(i) Search of sex offender public website
(ii) Collection of background information
(B) Background informationThe international marriage broker shall collect a certification signed (in written, electronic, or other form) by the United States client accompanied by documentation or an attestation of the following background information about the United States client:
(i) Any temporary or permanent civil protection order or restraining order issued against the United States client.
(ii) Any Federal, State, or local arrest or conviction of the United States client for homicide, murder, manslaughter, assault, battery, domestic violence, rape, sexual assault, abusive sexual contact, sexual exploitation, incest, child abuse or neglect, torture, trafficking, peonage, holding hostage, involuntary servitude, slave trade, kidnapping, abduction, unlawful criminal restraint, false imprisonment, stalking, or an attempt to commit any such crime.
(iii) Any Federal, State, or local arrest or conviction of the United States client for—(I) solely, principally, or incidentally engaging in prostitution;(II) a direct or indirect attempt to procure prostitutes or persons for the purpose of prostitution; or(III) receiving, in whole or in part, of the proceeds of prostitution.
(iv) Any Federal, State, or local arrest or conviction of the United States client for offenses related to controlled substances or alcohol.
(v) Marital history of the United States client, including whether the client is currently married, whether the client has previously been married and how many times, how previous marriages of the client were terminated and the date of termination, and whether the client has previously sponsored an alien to whom the client was engaged or married.
(vi) The ages of any of the United States client’s children who are under the age of 18.
(vii) All States and countries in which the United States client has resided since the client was 18 years of age.
(3) Obligation of international marriage brokers with respect to informed consent
(A) Limitation on sharing information about foreign national clientsAn international marriage broker shall not provide any United States client or representative with the personal contact information of any foreign national client unless and until the international marriage broker has—
(i) performed a search of the National Sex Offender Public Website for information regarding the United States client;
(ii) collected background information about the United States client required under paragraph (2);
(iii) provided to the foreign national client—(I) in the foreign national client’s primary language, a copy of any records retrieved from the search required under paragraph (2)(A)(i) or documentation confirming that such search retrieved no records;(II) in the foreign national client’s primary language, a copy of the signed certification and accompanying documentation or attestation regarding the background information collected under paragraph (2)(B); and(III) in the foreign national client’s primary language (or in English or other appropriate language if there is no translation available into the client’s primary language), the pamphlet developed under subsection (a)(1); and
(iv) received from the foreign national client a signed, written consent, in the foreign national client’s primary language, to release the foreign national client’s personal contact information to the specific United States client.
(B) Confidentiality
(4) Limitation on disclosure
(5) Penalties
(A) Federal civil penalty
(i) Violation
(ii) Procedures for imposition of penalty
(B) Federal criminal penalties
(i) Failure of international marriage brokers to comply with obligationsExcept as provided in clause (ii), an international marriage broker that, in circumstances in or affecting interstate or foreign commerce, or within the special maritime and territorial jurisdiction of the United States—(I) except as provided in subclause (II), violates (or attempts to violate) paragraph (1), (2), (3), or (4) shall be fined in accordance with title 18 or imprisoned for not more than 1 year, or both; or(II) knowingly violates or attempts to violate paragraphs 1
1 So in original. Probably should be “paragraph”.
(1), (2), (3), or (4) shall be fined in accordance with title 18 or imprisoned for not more than 5 years, or both.
(ii) Misuse of information
(iii) Fraudulent failures of United States clients to make required self-disclosures
(iv) Relationship to other penalties
(v) Construction
(C) Additional remedies
(6) Enforcement
(A) Authority
(B) Consultation
(7) NonpreemptionNothing in this subsection shall preempt—
(A) any State law that provides additional protections for aliens who are utilizing the services of an international marriage broker; or
(B) any other or further right or remedy available under law to any party utilizing the services of an international marriage broker.
(8) Effective date
(A) In general
(B) Additional time allowed for information pamphlet
(e) DefinitionsIn this section:
(1) Crime of violence
(2) Domestic violence
(3) Foreign national client
(4) International marriage broker
(A) In general
(B) ExceptionsSuch term does not include—
(i) a traditional matchmaking organization of a cultural or religious nature that operates on a nonprofit basis and otherwise operates in compliance with the laws of the countries in which it operates, including the laws of the United States; or
(ii) an entity that provides dating services if its principal business is not to provide international dating services between United States citizens or United States residents and foreign nationals and it charges comparable rates and offers comparable services to all individuals it serves regardless of the individual’s gender or country of citizenship.
(5) K nonimmigrant visa
(6) Personal contact information
(A) In generalThe term “personal contact information” means information, or a forum to obtain such information, that would permit individuals to contact each other, including—
(i) the name or residential, postal, electronic mail, or instant message address of an individual;
(ii) the telephone, pager, cellphone, or fax number, or voice message mailbox of an individual; or
(iii) the provision of an opportunity for an in-person meeting.
(B) Exception
(7) Representative
(8) State
(9) United States
(10) United States client
(f) GAO studies and reports
(1) StudyThe Comptroller General of the United States shall conduct a study—
(A) on the impact of this section and section 832 2 on the K nonimmigrant visa process, including specifically—
(i) annual numerical changes in petitions for K nonimmigrant visas;
(ii) the annual number (and percentage) of such petitions that are denied under subsection (d)(2) or (r) of section 1184 of this title, as amended by this Act;
(iii) the annual number of waiver applications submitted under such a subsection, the number (and percentage) of such applications granted or denied, and the reasons for such decisions;
(iv) the annual number (and percentage) of cases in which the criminal background information collected and provided to the applicant as required by subsection (a)(5)(A)(iii) contains one or more convictions;
(v) the annual number and percentage of cases described in clause (iv) that were granted or were denied waivers under section 1184(d)(2) of this title, as amended by this Act;
(vi) the annual number of fiancé(e) and spousal K nonimmigrant visa petitions or family-based immigration petitions filed by petitioners or applicants who have previously filed other fiancé(e) or spousal K nonimmigrant visa petitions or family-based immigration petitions;
(vii) the annual number of fiancé(e) and spousal K nonimmigrant visa petitions or family-based immigration petitions filed by petitioners or applicants who have concurrently filed other fiancé(e) or spousal K nonimmigrant visa petitioners or family-based immigration petitions; and
(viii) the annual and cumulative number of petitioners and applicants tracked in the multiple filings database established under paragraph (4) of section 1184(r) of this title, as added by this Act;
(B) regarding the number of international marriage brokers doing business in the United States, the number of marriages resulting from the services provided, and the extent of compliance with the applicable requirements of this section;
(C) that assesses the accuracy and completeness of information gathered under section 832 2 and this section from clients and petitioners by international marriage brokers, the Department of State, or the Department of Homeland Security;
(D) that examines, based on the information gathered, the extent to which persons with a history of violence are using either the K nonimmigrant visa process or the services of international marriage brokers, or both, and the extent to which such persons are providing accurate and complete information to the Department of State or the Department of Homeland Security and to international marriage brokers in accordance with subsections (a) and (d)(2)(B); and
(E) that assesses the accuracy and completeness of the criminal background check performed by the Secretary of Homeland Security at identifying past instances of domestic violence.
(2) Report
(3) Data collection
(4) Continuing impact study and report
(A) Study
(B) Report
(C) Data collection
(Pub. L. 109–162, title VIII, § 833, Jan. 5, 2006, 119 Stat. 3068; Pub. L. 113–4, title VIII, §§ 807(b), 808(b)–(d), Mar. 7, 2013, 127 Stat. 113–116.)

CITE AS: 8 USC 1375a

§ 1375b. Protections for domestic workers and other nonimmigrants
(a) Information pamphlet and video for consular waiting rooms
(1) Development and distribution
(2) Consultation
(b) ContentsThe information pamphlet and video developed under subsection (a) shall include information concerning items such as—
(1) the nonimmigrant visa application processes, including information about the portability of employment;
(2) the legal rights of employment or education-based nonimmigrant visa holders under Federal immigration, labor, and employment law;
(3) the illegality of slavery, peonage, trafficking in persons, sexual assault, extortion, blackmail, and worker exploitation in the United States;
(4) the legal rights of immigrant victims of trafficking in persons and worker exploitation, including—
(A) the right of access to immigrant and labor rights groups;
(B) the right to seek redress in United States courts;
(C) the right to report abuse without retaliation;
(D) the right of the nonimmigrant to relinquish possession of his or her passport to his or her employer;
(E) the requirement of an employment contract between the employer and the nonimmigrant; and
(F) an explanation of the rights and protections included in the contract described in subparagraph (E); and
(5) information about nongovernmental organizations that provide services for victims of trafficking in persons and worker exploitation, including—
(A) anti-trafficking in persons telephone hotlines operated by the Federal Government;
(B) the Operation Rescue and Restore hotline; and
(C) a general description of the types of victims services available for individuals subject to trafficking in persons or worker exploitation.
(c) Translation
(1) In general
(2) Revision
(d) Availability and distribution
(1) Posting on Federal websites
(2) Other distributionThe information pamphlet and video developed under subsection (a) shall be made available to any—
(A) government agency;
(B) nongovernmental advocacy organization; or
(C) foreign labor broker doing business in the United States.
(3) Deadline for pamphlet development and distribution
(4) Deadline for video development and distribution
(e) Responsibilities of consular officers of the Department of State
(1) InterviewsA consular officer conducting an interview of an alien for an employment-based nonimmigrant visa shall—
(A)
(i) confirm that the alien has received, read, and understood the contents of the pamphlet described in subsections (a) and (b); and
(ii) if the alien has not received, read, or understood the contents of the pamphlet described in subsections (a) and (b), distribute and orally disclose to the alien the information described in paragraphs (2) and (3) in a language that the alien understands; and
(B) offer to answer any questions the alien may have regarding the contents of the pamphlet described in subsections (a) and (b).
(2) Legal rightsThe consular officer shall disclose to the alien—
(A) the legal rights of employment-based nonimmigrants under Federal immigration, labor, and employment laws;
(B) the illegality of slavery, peonage, trafficking in persons, sexual assault, extortion, blackmail, and worker exploitation in the United States; and
(C) the legal rights of immigrant victims of trafficking in persons, worker exploitation, and other related crimes, including—
(i) the right of access to immigrant and labor rights groups;
(ii) the right to seek redress in United States courts; and
(iii) the right to report abuse without retaliation.
(3) Victim services
(f) DefinitionsIn this section:
(1) Employment- or education-based nonimmigrant visaThe term “employment- or education-based nonimmigrant visa” means—
(A) a nonimmigrant visa issued under subparagraph (A)(iii), (G)(v), (H), or (J) of section 1101(a)(15) of this title; and
(B) any nonimmigrant visa issued to a personal or domestic servant who is accompanying or following to join an employer.
(2) Severe forms of trafficking in persons
(3) Secretary
(4) Abusing and exploiting
(Pub. L. 110–457, title II, § 202, Dec. 23, 2008, 122 Stat. 5055; Pub. L. 113–4, title XII, § 1206, Mar. 7, 2013

CITE AS: 8 USC 1375b

§ 1375c. Protections, remedies, and limitations on issuance for A–3 and G–5 visas
(a) Limitations on issuance of A–3 and G–5 visas
(1) Contract requirementNotwithstanding any other provision of law, the Secretary of State may not issue—
(A) an A–3 visa unless the applicant is employed, or has signed a contract to be employed containing the requirements set forth in subsection (d)(2),1
1 So in original. Probably should be “(b)(2),”.
by an officer of a diplomatic mission or consular post; or
(B) a G–5 visa unless the applicant is employed, or has signed a contract to be employed by an employee in an international organization.
(2) Suspension requirement
(3) Action by diplomatic missions or international organizations
(b) Protections and remedies for A–3 and G–5 nonimmigrants employed by diplomats and staff of international organizations
(1) In generalThe Secretary may not issue or renew an A–3 visa or a G–5 visa unless—
(A) the visa applicant has executed a contract with the employer or prospective employer containing provisions described in paragraph (2); and
(B) a consular officer has conducted a personal interview with the applicant outside the presence of the employer or any recruitment agent in which the officer reviewed the terms of the contract and the provisions of the pamphlet required under section 1375b of this title.
(2) Mandatory contractThe contract between the employer and domestic worker required under paragraph (1) shall include—
(A) an agreement by the employer to abide by all Federal, State, and local laws in the United States;
(B) information on the frequency and form of payment, work duties, weekly work hours, holidays, sick days, and vacation days; and
(C) an agreement by the employer not to withhold the passport, employment contract, or other personal property of the employee.
(3) Training of consular officers
(4) Record keeping
(A) In generalThe Secretary shall maintain records on the presence of nonimmigrants holding an A–3 visa or a G–5 visa in the United States, including—
(i) information about when the nonimmigrant entered and permanently exited the country of residence;
(ii) the official title, contact information, and immunity level of the employer; and
(iii) information regarding any allegations of employer abuse received by the Department of State.
(c) Protection from removal during legal actions against former employers
(1) Remaining in the United States to seek legal redress
(A) Effect of complaint filing
(B) ExceptionAn alien described in subparagraph (A) may be deported before the conclusion of the legal proceedings related to a civil action described in such subparagraph if such alien is—
(i) inadmissible under paragraph (2)(A)(i)(II), (2)(B), (2)(C), (2)(E), (2)(H), (2)(I), (3)(A)(i), (3)(A)(iii), (3)(B), (3)(C), or (3)(F) of section 1182(a) of this title; or
(ii) deportable under paragraph (2)(A)(ii), (2)(A)(iii), (4)(A)(i), (4)(A)(iii), (4)(B), or (4)(C) of section 1227(a) of this title.
(C) Failure to exercise due diligence
(2) Authorization to work
(d) Study and report
(1) Investigation report
(A) In general
(B) ContentsThe report submitted under subparagraph (A) shall include—
(i) an assessment of the actions taken by the Department of State and the Department of Justice to investigate allegations of trafficking or abuse of nonimmigrants holding an A–3 visa or a G–5 visa; and
(ii) the results of such investigations.
(2) Feasibility of oversight of employees of diplomats and representatives of other institutions reportNot later than 180 days after December 23, 2008, the Secretary shall submit a report to the appropriate congressional committees on the feasibility of—
(A) establishing a system to monitor the treatment of nonimmigrants holding an A–3 visa or a G–5 visa who have been admitted to the United States;
(B) a range of compensation approaches, such as a bond program, compensation fund, or insurance scheme, to ensure that such nonimmigrants receive appropriate compensation if their employers violate the terms of their employment contracts; and
(C) with respect to each proposed compensation approach described in subparagraph (B), an evaluation and proposal describing the proposed processes for—
(i) adjudicating claims of rights violations;
(ii) determining the level of compensation; and
(iii) administering the program, fund, or scheme.
(e) Assistance to law enforcement investigations
(f) DefinitionsIn this section:
(1) A–3 visa
(2) G–5 visa
(3) Secretary
(4) Appropriate congressional committeesThe term “appropriate congressional committees” means—
(A) the Committee on Foreign Affairs and the Committee on the Judiciary of the House of Representatives; and
(B) the Committee on Foreign Relations and the Committee on the Judiciary of the Senate.
(Pub. L. 110–457, title II, § 203, Dec. 23, 2008, 122 Stat. 5057; Pub. L. 115–425, title I, § 123, Jan. 8, 2019, 132 Stat. 5479.)

CITE AS: 8 USC 1375c

§ 1376. Data on nonimmigrant overstay rates
(a) Collection of data
(b) Annual report
(Pub. L. 105–173, § 2, Apr. 27, 1998, 112 Stat. 56.)

CITE AS: 8 USC 1376

§ 1377. Collection of data on detained asylum seekers
(a) In general
The Attorney General shall regularly collect data on a nation-wide 1
1 So in original. Probably should be “nationwide”.
basis with respect to asylum seekers in detention in the United States, including the following information:
(1) The number of detainees.
(2) An identification of the countries of origin of the detainees.
(3) The percentage of each gender within the total number of detainees.
(4) The number of detainees listed by each year of age of the detainees.
(5) The location of each detainee by detention facility.
(6) With respect to each facility where detainees are held, whether the facility is also used to detain criminals and whether any of the detainees are held in the same cells as criminals.
(7) The number and frequency of the transfers of detainees between detention facilities.
(8) The average length of detention and the number of detainees by category of the length of detention.
(9) The rate of release from detention of detainees for each district of the Immigration and Naturalization Service.
(10) A description of the disposition of cases.
(b) Annual reports
(c) Availability to public
(Pub. L. 105–277, div. A, § 101(h) [title IX, § 903], Oct. 21, 1998, 112 Stat. 2681–480, 2681–541.)

CITE AS: 8 USC 1377

§ 1377a. Report on aliens determined to have credible or reasonable fear of persecution or torture
(a) Semimonthly updatesNot later than 30 days after December 20, 2019, and updated semimonthly thereafter, the Director of U.S. Citizenship and Immigration Services shall make available, on a publicly accessible website in a downloadable, searchable, and sortable format, a report containing not less than the previous twelve months of semimonthly data on—
(1) the number of aliens determined to have a credible or reasonable fear of—
(A) persecution, as defined in section 1225(b)(1)(B)(v) of this title; or
(B) torture, as defined in section 208.30 of title 8, Code of Federal Regulations (as in effect on January 1, 2018);
(2) the total number of cases received by U.S. Citizenship and Immigration Services to adjudicate credible or reasonable fear claims, as described in paragraph (1), and the total number of cases closed.
(b) Disaggregation of dataSuch report shall also disaggregate the data described in subsection (a) with respect to the following subsets—
(1) claims submitted by aliens detained at a U.S. Immigration and Customs Enforcement family residential center;
(2) claims submitted by aliens organized by each subdivision of legal or administrative authority under which claims are reviewed; and
(3) the job series of the personnel reviewing the claims.
(Pub. L. 116–93, div. D, title IV, § 403, Dec. 20, 2019, 133 Stat. 2524.)

CITE AS: 8 USC 1377a

§ 1378. Collection of data on other detained aliens
(a) In general
The Attorney General shall regularly collect data on a nationwide basis on aliens being detained in the United States by the Immigration and Naturalization Service other than the aliens described in section 1377 of this title, including the following information:
(1) The number of detainees who are criminal aliens and the number of detainees who are noncriminal aliens who are not seeking asylum.
(2) An identification of the ages, gender, and countries of origin of detainees within each category described in paragraph (1).
(3) The types of facilities, whether facilities of the Immigration and Naturalization Service or other Federal, State, or local facilities, in which each of the categories of detainees described in paragraph (1) are held.
(b) Length of detention, transfers, and dispositions
With respect to detainees who are criminal aliens and detainees who are noncriminal aliens who are not seeking asylum, the Attorney General shall also collect data concerning—
(1) the number and frequency of transfers between detention facilities for each category of detainee;
(2) the average length of detention of each category of detainee;
(3) for each category of detainee, the number of detainees who have been detained for the same length of time, in 3-month increments;
(4) for each category of detainee, the rate of release from detention for each district of the Immigration and Naturalization Service; and
(5) for each category of detainee, the disposition of detention, including whether detention ended due to deportation, release on parole, or any other release.
(c) Criminal aliens
With respect to criminal aliens, the Attorney General shall also collect data concerning—
(1) the number of criminal aliens apprehended under the immigration laws and not detained by the Attorney General; and
(2) a list of crimes committed by criminal aliens after the decision was made not to detain them, to the extent this information can be derived by cross-checking the list of criminal aliens not detained with other databases accessible to the Attorney General.
(d) Annual reports
(e) Availability to public
(Pub. L. 105–277, div. A, § 101(h) [title IX, § 904], Oct. 21, 1998, 112 Stat. 2681–480, 2681–542.)

CITE AS: 8 USC 1378

§ 1378a. Report on aliens detainedNot later than 7 days after December 20, 2019, and updated semimonthly thereafter, the Director of U.S. Immigration and Customs Enforcement shall make available a report, on a publicly accessible website in a downloadable, searchable, and sortable format, with not less than the previous twelve months of semimonthly data as of the last date of each such reporting period; on—
(1) aliens detained by such agency, including data disaggregated by single adults and members of family units on—
(A) the average fiscal year-to-date daily populations of aliens detained;
(B) the daily count of aliens detained;
(C) the fiscal year-to-date total for book-ins;
(D) the average lengths of stay, including average post-determination length of stay in the case of detainees described in subparagraph (F);
(E) the number transferred to the custody of U.S. Immigration and Customs Enforcement by U.S. Customs and Border Protection after being—
(i) deemed inadmissible at a port of entry or after being apprehended within 14 days of entering the United States; or
(ii) arrested by U.S. Immigration and Customs Enforcement;
(F) the number determined to have a credible or reasonable fear of—
(i) persecution, as defined in section 1225(b)(1)(B)(v) of this title; or
(ii) torture, as defined in section 208.30 of title 8, Code of Federal Regulations (as in effect on January 1, 2018); and
(G) the number who have been issued a Notice to Appear pursuant to section 1229 of this title, disaggregated by single adults and members of family units; 1
1 See Additional Reporting Requirements note below.
(2) the total number of enrollees in the Alternatives to Detention program and the average length of participation, disaggregated by—
(A) single adults and family heads of household;
(B) participants in the family case management program;
(C) level of supervision; and
(D) location of supervision, by field office;
(3) for each facility where aliens are detained by U.S. Immigration and Customs Enforcement—
(A) the address;
(B) the field offices that assign detainees to the facility;
(C) the detailed facility type, as defined in the integrated decision support system;
(D) the gender of aliens detained;
(E) the average daily population of detainees within each detainee classification level, as defined in the integrated decision support system;
(F) the average daily population of individuals within each threat level, as defined in the integrated decision support system;
(G) the average daily population within each criminality category, as defined in the integrated decision support system, disaggregated by gender;
(H) the average length of stay;
(I) the average daily population of individuals whose detention is classified as mandatory;
(J) the performance standards to which the facility is held;
(K) the date of the two most recent inspections, the entity that performed each inspection, and a detailed summary of the results of such inspections; and
(L) the guaranteed minimum detention capacity, if applicable; and
(4) the total number of releases from custody, by condition of release, and total number of removals, disaggregated by adult facilities and family facilities.
(Pub. L. 116–93, div. D, title II, § 218, Dec. 20, 2019, 133 Stat. 2514.)

CITE AS: 8 USC 1378a

§ 1379. Technology standard to confirm identity
(1) In general
(2) Interoperable
(3) Accessible
The electronic system described in paragraph (2), once implemented, shall be readily and easily accessible to—
(A) all consular officers responsible for the issuance of visas;
(B) all Federal inspection agents at all United States border inspection points; and
(C) all law enforcement and intelligence officers as determined by regulation to be responsible for investigation or identification of aliens admitted to the United States pursuant to a visa.
(4) Report
(5) Funding
(Pub. L. 107–56, title IV, § 403(c), Oct. 26, 2001, 115 Stat. 344; Pub. L. 107–173, title II, §§ 201(c)(5), 202(a)(4)(B), May 14, 2002, 116 Stat. 548, 549.)

CITE AS: 8 USC 1379

§ 1380. Maintenance of statistics by the Department of Homeland Security
(a) In general
(b) Applicability
(Pub. L. 108–447, div. J, title IV, § 414, Dec. 8, 2004, 118 Stat. 3352.)

CITE AS: 8 USC 1380

§ 1381. Secretary of Labor report
Not later than January 31 of each year, the Secretary of Labor shall report to the Committees on the Judiciary of the Senate and the House of Representatives on the investigations undertaken based on—
(1) the authorities described in clauses (i) and (ii) of section 1182(n)(2)(G) of this title; and
(2) the expenditures by the Secretary of Labor described in section 1356(v)(2)(D) of this title.
(Pub. L. 108–447, div. J, title IV, § 424(c), Dec. 8, 2004, 118 Stat. 3356.)

CITE AS: 8 USC 1381

§ 1382. Acceptance and administration of gifts for immigration integration grants program

The Director of U.S. Citizenship and Immigration Services is authorized in fiscal year 2017, and in each fiscal year thereafter, to solicit, accept, administer, and utilize gifts, including donations of property, for the purpose of providing an immigrant integration grants program and related activities to promote citizenship and immigrant integration: Provided, That all sums received under this subsection shall be deposited in a separate account in the general fund of the Treasury to be known as the “Citizenship Gift and Bequest Account”: Provided further, That all funds deposited into the Citizenship Gift and Bequest Account shall remain available until expended, and shall be available in addition to any funds appropriated or otherwise made available for an immigrant integration grants program or other activities to promote citizenship and immigrant integration.

(Pub. L. 115–31, div. F, title IV, § 404(c), May 5, 2017, 131 Stat. 422.)

CITE AS: 8 USC 1382