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 Notwithstanding any other provision of this section other than paragraph (3) of subsection (a) of this section, an officer or employee of the Service may not enter without the consent of the owner (or agent thereof) or a properly executed warrant onto the premises of a farm or other outdoor agricultural operation for the purpose of interrogating a person believed to be an alien as to the person's right to be or to remain in the United States. (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 1252 of this title. (2) Such fingerprints and photographs shall be made available to Federal, State, and local law enforcement agencies, upon request. (June 27, 1952, ch. 477, title II, ch. 9, § 287, 66 Stat. 233; Oct. 18, 1976, Pub. L. 94-550, § 7, 90 Stat. 2535; Oct. 27, 1986, Pub. L. 99-570, title I, § 1751(d), 100 Stat. 3207-47; Nov. 6, 1986, Pub. L. 99-603, title I, § 116, 100 Stat. 3384; Oct. 24, 1988, Pub. L. 100-525, §§ 2(e), 5, 102 Stat. 2610, 2615; Nov. 29, 1990, Pub. L. 101-649, title V, § 503(a), (b)(1), 104 Stat. 5048, 5049; Dec. 12, 1991, Pub. L. 102-232, title III, § 306(a)(3), 105 Stat. 1751.) AMENDMENTS 1991-Subsec. (a)(4). Pub. L. 102-232 substituted a semicolon for comma at end. 1990 Subsec. (a). Pub. L. 101-649, § 503(a), struck out "and" at end of par. (3), substituted "United States, and" for "United States. Any such employee shall also have the power to execute any warrant or other process issued by any officer under any law regulating the admission, exclusion, or expulsion of aliens." at end of par. (4), and added par. (5) and concluding provisions. Subsec. (f). Pub. L. 101-649, § 503(b)(1), added subsec. (f). 1988-Subsec. (d). Pub. L. 100-525, § 5, added par. (3) and closing provisions and struck out former par. (3) which read as follows: "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." Subsec. (e). Pub. L. 100-525, § 2(e)(2), made technical amendment to directory language of Pub. L. 99-603, $116, and redesignated the subsec. (d) added by such $116, as (e). See 1986 Amendment note below. 1986-Subsec. (d). Pub. L. 99-570 added subsec. (d). Subsec. (e). Pub. L. 99-603, as amended by Pub. L. 100-525, 2(e), added subsec. (e), which prior to amendment by Pub. L. 100-525, was designated as a second subsec. (d) of this section. 1976-Subsec. (b). Pub. L. 94-550 inserted "(or who has executed an unsworn declaration, certificate, verification, or statement under penalty of perjury as permitted under section 1746 of title 28)" after "to whom such oath has been administered" and "(or subscribe under penalty of perjury as permitted under section 1746 of title 28)" after “give false evidence or swear". EFFECTIVE DATE OF 1991 AMENDMENT Amendment by Pub. L. 102-232 effective as if included in the enactment of the Immigration Act of 1990, Pub. L. 101-649, see section 310(1) of Pub. L. 102-232, set out as a note under section 1101 of this title. EFFECTIVE DATE OF 1988 AMENDMENT Amendment by section 2(e) of Pub. L. 100-525 effective as if included in enactment of Immigration Reform and Control Act of 1986, Pub. L. 99-603, see section 2(s) of Pub. L. 100-525, set out as a note under section 1101 of this title. CROSS REFERENCES Definition of the term Alien, see section 1101(a)(3) of this title. Entry, see section 1101(a)(13) of this title. Service, see section 1101(a)(34) of this title. United States, see section 1101(a)(38) of this title. SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 1226, 1304 of this title. § 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.) § 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.) § 1360. Establishment of central file; information from other departments and agencies (a) There shall be established in the office of the Commissioner, for the use of security and enforcement agencies of the Government of the United States, a central index, which shall contain the names of all aliens heretofore admitted to the United States, or excluded therefrom, insofar as such information is available from the existing records of the Service, and the names of all aliens hereafter admitted to the United States, or excluded therefrom, the names of their sponsors of record, if any, and such other relevant information as the Attorney General shall require as an aid to the proper enforcement of this chapter. (b) Any information in any records kept by any department or agency of the Government as to the identity and location of aliens in the United States shall be made available to the Service upon request made by the Attorney General to the head of any such department or agency. (c) The Secretary of Health and Human Services shall notify the Attorney General upon request whenever any alien is issued a social security account number and social security card. The Secretary shall also furnish such available information as may be requested by the Attorney General regarding the identity and location of aliens in the United States. (d) A written certification signed by the Attorney General or by any officer of the Service designated by the Attorney General to make such certification, that after diligent search no record or entry of a specified nature is found to exist in the records of the Service, shall be admissible as evidence in any proceeding as evidence that the records of the Service contain no such record or entry, and shall have the same effect as the testimony of a witness given in open court. (June 27, 1952, ch. 477, title II, ch. 9, § 290, 66 Stat. 234; Oct. 24, 1988, Pub. L. 100-525, § 9(q), 102 Stat. 2621.) AMENDMENTS 1988-Subsec. (c). Pub. L. 100-525 substituted "Secretary of Health and Human Services" for "Federal Security Administrator" and "The Secretary" for "The Administrator". CROSS REFERENCES Definition of the term Alien, see section 1101(a)(3) of this title. Attorney General, see section 1101(a)(5) of this title. Commissioner, see section 1101(a)(8) of this title. Entry, see section 1101(a)(13) of this title. Immigration laws, see section 1101(a)(17) of this title. Service, see section 1101(a)(34) of this title. United States, see section 1101(a)(38) of this title. § 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 subject to exclusion 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 subject to ex clusion under any provision of this chapter. In any deportation proceeding under Part V 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; Dec. 29, 1981, Pub. L. 97-116, § 18(k)(1), 95 Stat. 1620.) AMENDMENTS 1981-Pub. L. 97-116 substituted "immigrant, special immigrant, immediate relative, or refugee" for "quota immigrant, or nonquota immigrant". EFFECTIVE DATE OF 1981 AMENDMENT Amendment by Pub. L. 97-116 effective Dec. 29, 1981, see section 21(a) of Pub. L. 97-116, set out as a note under section 1101 of this title. CROSS REFERENCES Definition of the term Alien, see section 1101(a)(3) of this title. Consular officer, see section 1101(a)(9) of this title. Profession, see section 1101(a)(32) of this title. In any exclusion or deportation proceedings before a special inquiry officer and in any appeal proceedings before the Attorney General from any such exclusion or deportation 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.) CROSS REFERENCES Definition of Attorney General and special inquiry officer, see section 1101 of this title. SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 1252a of this title. § 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 July 10, 1970, Pub. L. 91-313, § 2, 84 Stat. 413.) § 1364. Triennial comprehensive report on immigration (a) Triennial report The President shall transmit to the Congress, not later than January 1, 1989, and not later than January 1 of every third year thereafter, a comprehensive immigration-impact 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 1251 of this title; 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) of this section) 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 The President also may include in such report any appropriate recommendations on changes in numerical limitations or other policies under subchapter II of this chapter bearing on the admission and entry of such aliens to the United States. (Pub. L. 99-603, title IV, § 401, Nov. 6, 1986, 100 Stat. 3440.) CODIFICATION Section was enacted as part of the Immigration Reform and Control Act of 1986, and not as part of the Immigration and Nationality Act which comprises this chapter. Ex. ORD. No. 12789. DELEGATION OF REPORTING FUNCTIONS UNDER THE IMMIGRATION REFORM and ConTROL ACT OF 1986 Ex. Ord. No. 12789, Feb. 10, 1992, 57 F.R. 5225, provided: By the authority vested in me as President by the Constitution and laws of the United States of America, including section 301 of title 3, United States Code, and title IV of the Immigration Reform and Control Act of 1986, Public Law 99-603 ("Reform Act") [title IV of Pub. L. 99-603, Nov. 6, 1986, 100 Stat. 3440, which enacted section 1364 of this title and provisions set out as notes under sections 1101, 1187, 1188, 1255a, and 1324a of this title], it is hereby ordered as follows: SECTION 1. The Attorney General shall: (a) perform, in coordination with the Secretary of Labor, the functions vested in the President by section 401 of the Reform Act (8 U.S.C. 1364); (b) perform, except for the functions in section 402(3)(A), the functions vested in the President by section 402 of the Reform Act (8 U.S.C. 1324a note); and (c) perform, insofar as they relate to the initial report described in section 404(b), the functions vested in the President by section 404 of the Reform Act (8 U.S.C. 1255a note). SEC. 2. The Secretary of Labor shall: (a) perform the functions vested in the President by section 402(3)(A) of the Reform Act (8 U.S.C. 1324a note); (b) perform the functions vested in the President by section 403 of the Reform Act (8 U.S.C. 1188 note); and (c) perform, insofar as they relate to the second report described in section 404(c), the functions vested in the President by section 404 of the Reform Act (8 U.S.C. 1255a note). SEC. 3. The functions delegated by sections 1 and 2 of this order shall be performed in accordance with the procedures set forth in OMB Circular A-19. SEC. 4. This order shall be effective immediately. GEORGE BUSH. § 1365. Reimbursement of States for costs of incarcerating illegal aliens and certain Cuban nationals (a) Reimbursement of States Subject to the amounts provided in advance in appropriation Acts, the Attorney General shall reimburse a State for the costs incurred by the State for the imprisonment of any illegal alien or Cuban national who is convicted of a felony by such State. (b) Illegal aliens convicted of a felony An illegal alien referred to in subsection (a) of this section 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 felony A Marielito Cuban convicted of a felony referred to in subsection (a) of this section 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 There are authorized to be appropriated such sums as are necessary to carry out the purposes of this section. (e) "State" defined The term 'State' has the meaning given such term in section 1101(a)(36) of this title. (Pub. L. 99-603, title V, § 501, Nov. 6, 1986, 100 Stat. 3443.) CODIFICATION Section was enacted as part of the Immigration Reform and Control Act of 1986, and not as part of the Immigration and Nationality Act which comprises this chapter. REGULATIONS Pub. L. 103-317, title VIII, Aug. 26, 1994, 108 Stat. 1778, provided in part: "That the Attorney General shall promulgate regulations to (a) prescribe requirements for program participation eligibility for States, (b) require verification by States of the eligible incarcerated population data with the Immigration and Naturalization Service, (c) prescribe a formula for distributing assistance to eligible States, and (d) award assistance to eligible States". CROSS REFERENCES Assistance to States and counties for costs of incarcerating certain Cuban nationals, see section 1522(f) of this title. SUBCHAPTER III-NATIONALITY AND NATURALIZATION SUBCHAPTER REFERRED TO IN OTHER SECTIONS This subchapter is referred to in sections 1101, 1186a, 1186b, 1255a, 1438 of this title. PART I-NATIONALITY AT BIRTH AND COLLECTIVE NATURALIZATION § 1401. Nationals and citizens of United States at birth The following shall be nationals and citizens of the United States at birth: (a) a person born in the United States, and subject to the jurisdiction thereof; (b) a person born in the United States to a member of an Indian, Eskimo, Aleutian, or other aboriginal tribe: Provided, That the granting of citizenship under this subsection shall not in any manner impair or otherwise affect the right of such person to tribal or other property; (c) a person born outside of the United States and its outlying possessions of parents both of whom are citizens of the United States and one of whom has had a residence in the United States or one of its outlying possessions, prior to the birth of such person; (d) a person born outside of the United States and its outlying possessions of parents one of whom is a citizen of the United States who has been physically present in the United States or one of its outlying possessions for a continuous period of one year prior to the birth of such person, and the other of whom is a national, but not a citizen of the United States; (e) a person born in an outlying possession of the United States of parents one of whom is a citizen of the United States who has been physically present in the United States or one of its outlying possessions for a continuous period of one year at any time prior to the birth of such person; (f) a person of unknown parentage found in the United States while under the age of five years, until shown, prior to his attaining the age of twenty-one years, not to have been born in the United States; (g) a person born outside the geographical limits of the United States and its outlying possessions of parents one of whom is an alien, and the other a citizen of the United States who, prior to the birth of such person, was physically present in the United States or its outlying possessions for a period or periods totaling not less than five years, at least two of which were after attaining the age of fourteen years: Provided, That any periods of honorable service in the Armed Forces of the United States, or periods of employment with the United States Government or with an international organization as that term is defined in section 288 of title 22 by such citizen parent, or any periods during which such citizen parent is physically present abroad as the dependent unmarried son or daughter and a member of the household of a person (A) honorably serving with the Armed Forces of the United States, or (B) employed by the United States Government or an international organization as defined in section 288 of title 22, may be included in order to satisfy the physical-presence requirement of this paragraph. This proviso shall be applicable to persons born on or after December 24, 1952, to the same extent as if it had become effective in its present form on that date; and (h) a person born before noon (Eastern Standard Time) May 24, 1934, outside the limits and jurisdiction of the United States of an alien father and a mother who is a citizen of the United States who, prior to the birth of such person, had resided in the United States. (June 27, 1952, ch. 477, title III, ch. 1, § 301, 66 Stat. 235; Nov. 6, 1966, Pub. L. 89-770, 80 Stat. 1322; Oct. 27, 1972, Pub. L. 92-584, §§ 1, 3, 86 Stat. 1289; Oct. 10, 1978, Pub. L. 95-432, §§ 1, 3, 92 Stat. 1046; Nov. 14, 1986, Pub. L. 99-653, § 12, 100 Stat. 3657; Oct. 25, 1994, Pub. L. 103-416, title I, § 101(a), 108 Stat. 4306.) AMENDMENTS 1994-Subsec. (h). Pub. L. 103-416 added subsec. (h). 1986-Subsec. (g). Pub. L. 99-653 substituted "five years, at least two" for "ten years, at least five". 1978-Subsec. (a). Pub. L. 95-432, § 3, struck out "(a)" before "The following" and redesignated pars. (1) to (7) as (a) to (g), respectively. Subsec. (b). Pub. L. 95-432, § 1, struck out subsec. (b) which provided that any person who was a national or citizen of the United States under subsec. (a)(7) lose his nationality or citizenship unless he be continuously physically present in the United States for a period of not less than two years between the ages of 14 and 28 or that the alien parent be naturalized while the child was under 18 years of age and the child began permanent residence in the United States while under 18 years of age and that absence from the United States of less than 60 days not break the continuity of presence. Subsec. (c). Pub. L. 95-432, § 1, struck out subsec. (c) which provided that former subsec. (b) apply to persons born abroad subsequent to May 24, 1934, except that this not be construed to alter the citizenship of any person born abroad subsequent to May 24, 1934 who, prior to the effective date of this chapter, had taken up residence in the United States before attaining 16 years of age, and thereafter, whether before or after the effective date of this chapter, complied with the residence requirements of section 201(g) and (h) of the Nationality Act of 1940. Subsec. (d). Pub. L. 95-432, § 1, struck out subsec. (d) which provided that nothing in former subsec. (b) be construed to alter the citizenship of any person who came into the United States prior to Oct. 27, 1972, and who, whether before or after Oct. 27, 1972, immediately following such coming complied with the physical presence requirements for retention of citizenship specified in former subsec. (b), prior to amendment of former subsec. (b) by Pub. L. 92-584. 1972-Subsec. (b). Pub. L. 92-584, § 1, substituted provisions that nationals and citizens of the United States under subsec. (a)(7), lose such status unless they are present continuously in the United States for two years between the ages of fourteen and twenty eight years, or the alien parent is naturalized while the child is under the age of eighteen years and the child begins to reside permanently in the United States while under the age of eighteen years, and that absence from the United States of less than sixty days will not break the continuity of presence, for provisions that such status would be lost unless the nationals and citizens come to the United States prior to attaining twenty three years and be present continuously in the United States for five years, and that such presence should be between the age of fourteen and twenty eight years. Subsec. (d). Pub. L. 92-584, § 3, added subsec. (d). 1966-Subsec. (a)(7). Pub. L. 89-770 authorized periods of employment with the United States Government or with an international organization by the citizen parent, or any periods during which the citizen parent is physically present abroad as the dependent unmarried son or daughter and a member of the household of a person (A) honorably serving with the Armed Forces of the United States, or (B) employed by the United States Government or an international organization, to be included in order to satisfy the physical presence requirement, and permitted the proviso to be applicable to persons born on or after December 24, 1952. EFFECTIVE DATE OF 1986 AMENDMENT Section 23(d) of Pub. L. 99-653, as added by Pub. L. 100-525, § 8(r), Oct. 24, 1988, 102 Stat. 2619, provided that: "The amendment made by section 12 [amending this section] shall apply to persons born on or after November 14, 1986." EFFECTIVE DATE OF 1978 AMENDMENT Section 1 of Pub. L. 95-432 provided that the amendment made by that section is effective Oct. 10, 1978. EFFECTIVE DATE Chapter effective 180 days after June 27, 1952, see section 407 of act June 27, 1952, set out as a note under section 1101 of this title. WAIVER OF RETENTION REQUIREMENTS Section 101(b) of Pub. L. 103-416 provided that: "Any provision of law (including section 301(b) of the Immigration and Nationality Act [8 U.S.C. 1401(b)] (as in effect before October 10, 1978), and the provisos of section 201(g) of the Nationality Act of 1940 [former 8 U.S.C. 601(g)]) that provided for a person's loss of citizenship or nationality if the person failed to come to, or reside or be physically present in, the United States shall not apply in the case of a person claiming United States citizenship based on such person's descent from an individual described in section 301(h) of the Immigration and Nationality Act (as added by subsection (a))." RETROACTIVE APPLICATION OF 1994 AMENDMENT APPLICATION OF 1994 Amendment to TRANSMISSION Section 101(d) of Pub. L. 103-416 provided that: "This section [amending this section and enacting provisions set out above], the amendments made by this section, and any retroactive application of such amendments shall not effect any residency or other retention requirements for citizenship as in effect before October 10, 1978, with respect to the transmission of citizenship." ADMISSION OF ALASKA AS STATE Alaska Statehood provisions as not conferring, terminating, or restoring United States nationality, see section 21 of Pub. L. 85-508, July 7, 1958, 72 Stat. 339, set out as a note preceding former section 21 of Title 48, Territories and Insular Possessions. |