[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2716 Introduced in House (IH)]
105th CONGRESS
1st Session
H. R. 2716
To revise, codify, and enact without substantive change certain general
and permanent laws, related to aliens and nationality, as title 8,
United States Code, ``Aliens and Nationality''.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
October 23, 1997
Mr. Hyde introduced the following bill; which was referred to the
Committee on the Judiciary
_______________________________________________________________________
A BILL
To revise, codify, and enact without substantive change certain general
and permanent laws, related to aliens and nationality, as title 8,
United States Code, ``Aliens and Nationality''.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. TITLE 8, UNITED STATES CODE.
Certain general and permanent laws of the United States, related to
aliens and nationality, are revised, codified, and enacted as title 8,
United States Code, ``Aliens and Nationality'', as follows:
TITLE 8--ALIENS AND NATIONALITY
Subtitle Sec.
GENERAL..............................................................101
ALIENS..............................................................2101
UNLAWFUL EMPLOYMENT PRACTICES......................................11101
REFUGEE AND IMMIGRANT PROGRAMS.....................................13101
CITIZENSHIP AND NATIONALITY........................................20101
SUBTITLE I--GENERAL
Chapter Sec.
DEFINITIONS..........................................................101
DEPARTMENT OF JUSTICE................................................301
DEPARTMENT OF STATE..................................................501
PASSPORTS AND TRAVEL REQUIREMENTS....................................701
GENERAL MISCELLANEOUS................................................901
CHAPTER 1--DEFINITIONS
Sec.
101. Adjacent islands.
102. Admission.
103. Advocates.
104. Aggravated felony.
105. Alien.
106. Application for admission.
107. Border crossing identification card.
108. Child.
109. Consular officer.
110. Conviction.
111. Crewmember.
112. Executive capacity.
113. Foreign country.
114. Good moral character.
115. Graduate of a medical school.
116. Immediate relative.
117. Immigrant.
118. Immigration judge.
119. Immigration laws.
120. Immigration officer.
121. Ineligible for citizenship.
122. International organization.
123. Lawfully admitted for permanent residence.
124. Managerial capacity.
125. National.
126. National of the United States.
127. Naturalization.
128. Nonimmigrant.
129. Parent, father, and mother.
130. Passport.
131. Refugee.
132. Residence.
133. Special immigrant.
134. Spouse, wife, and husband.
135. State.
136. Stowaway.
137. Totalitarian dictatorship.
138. Totalitarian party.
139. United States.
140. Unmarried.
141. Visa.
Sec. 101. Adjacent islands
In this title, ``adjacent islands'' includes the Bahamas, Barbados,
Bermuda, Cuba, the Dominican Republic, Haiti, Jamaica, Martinique,
Miquelon, Saint Pierre, Trinidad, the Windward and Leeward Islands, and
other British, French, and Dutch territories and possessions in or
bordering on the Caribbean Sea.
Sec. 102. Admission
In this title, ``admission'' means the lawful entry of an alien into
the United States after inspection and authorization by an immigration
officer. However--
(1) an alien who is paroled under section 6121 of this title
or permitted to land temporarily as an alien crewmember is
deemed not to have been admitted; and
(2) an alien lawfully admitted for permanent residence is not
regarded as seeking an admission to the United States for
purposes of the immigration laws unless the alien--
(A) has abandoned or relinquished that status;
(B) has been absent from the United States for a
continuous period of more than 180 days;
(C) has engaged in illegal activity after having
departed the United States;
(D) has departed from the United States while under
legal process seeking removal of the alien from the
United States, including removal proceedings under this
title and extradition proceedings;
(E) has committed an offense identified in section
6309(a)(1), (2), (3), (4), or (5) of this title, unless
since that offense the alien has been granted relief
under section 6309(b) or 6721(a) of this title; or
(F) is attempting to enter the United States at a
time or place other than as designated by an
immigration officer or has not been admitted to the
United States after inspection and authorization by an
immigration officer.
Sec. 103. Advocates
In this title, ``advocates'' includes advises, recommends, furthers
by overt act, and admits belief in.
Sec. 104. Aggravated felony
(a) Actions Taken and Violations of Section 10149(a)(1) Occurring
Before September 30, 1996.--(1) The definition of ``aggravated felony''
in this subsection applies to an action taken, or a violation of
section 10149(a)(1) of this title occurring, before September 30, 1996.
(2)(A) Subject to paragraph (1) of this subsection, in this title,
``aggravated felony'' means any of the following, or an attempt or
conspiracy to commit any of the following, committed in the United
States:
(i) murder.
(ii) illicit trafficking in a controlled substance (as
defined in section 102 of the Controlled Substances Act (21
U.S.C. 802)), including a drug trafficking crime (as defined in
section 924(c)(2) of title 18).
(iii) illicit trafficking in a firearm or destructive device
(as defined in section 921(a) of title 18).
(B) Subparagraph (A) of this paragraph applies to an offense under a
law of a State or the United States.
(3)(A) Subject to paragraph (1) of this subsection, in this title,
``aggravated felony'', in addition to its meaning under paragraph (2)
of this subsection, means--
(i) any of the offenses specified in paragraph (2)(A) of this
subsection, or an attempt or conspiracy to commit any of those
offenses, committed outside the United States after November
28, 1990; and
(ii) any of the following, or an attempt or conspiracy to
commit any of the following, committed in or outside the United
States after November 28, 1990:
(I) a crime of violence (as defined in section 16 of
title 18, except a purely political offense) for which
the term of imprisonment is at least 5 years.
(II) an offense described in section 1956 of title 18
for which a conviction is entered before October 25,
1994.
(B) Subparagraph (A) of this paragraph applies to an offense under a
law of--
(i) a State or the United States; or
(ii) a foreign country if the term of imprisonment for the
offense was completed within the prior 15 years.
(4)(A) Subject to paragraph (1) of this subsection, in this title,
``aggravated felony'', in addition to its meaning under paragraphs (2)
and (3) of this subsection, means any of the following, or an attempt
or conspiracy to commit any of the following, for which a conviction is
entered after October 24, 1994:
(i) illicit trafficking in an explosive material (as defined
in section 841(c) of title 18).
(ii) a theft offense (including receipt of stolen property)
or burglary offense for which the term of imprisonment is at
least 5 years.
(iii) an offense that relates to owning, controlling,
managing, or supervising a prostitution business or that is
described in section 1581, 1582, 1583, 1584, 1585, or 1588 of
title 18.
(iv) an offense that--
(I) involves fraud or deceit in which the loss to the
victim is more than $200,000; or
(II) is described in section 7201 of the Internal
Revenue Code of 1986 (26 U.S.C. 7201) in which the loss
to the Federal Government is more than $200,000.
(v) an offense related to a failure to appear by a defendant
for service of sentence if the underlying offense is punishable
by a term of imprisonment of at least--
(I) 15 years if the conviction was entered before
April 24, 1996; or
(II) 5 years if the conviction was entered after
April 23, 1996.
(vi) an offense described in section 10147(a)(1)(A) or (2) of
this title for which the term of imprisonment is at least 5
years.
(vii) an offense described in section 793, 798, 2153, 2381,
or 2382 of title 18 or section 601 of the National Security Act
of 1947 (50 U.S.C. 421).
(viii) an offense described in section 842(h) or (i), 844(d),
(e), (f), (g), (h) or (i), 922(g)(1), (2), (3), (4) or (5),
(j), (n), (o), (p), or (r), or 924(b) or (h) of title 18 or
section 5861 of the Internal Revenue Code of 1986 (26 U.S.C.
5861).
(ix) an offense described in section 875, 876, 877, or 1202
of title 18.
(x) an offense described in section 1546(a) of title 18 for
which the term of imprisonment is at least--
(I) 5 years if the conviction was entered before
April 24, 1996; or
(II) 18 months if the conviction was entered after
April 23, 1996.
(xi) an offense described in section 1956 or 1957 of title 18
if the amount is more than $100,000.
(xii) an offense described in section 1962 of title 18 for
which a sentence of at least 5 years may be imposed.
(xiii) an offense described in section 2251, 2251A, or 2252
of title 18.
(B) Subparagraph (A) of this paragraph applies to an offense under a
law of--
(i) a State or the United States; or
(ii) a foreign country if the term of imprisonment for the
offense was completed within the prior 15 years.
(5)(A) Subject to paragraph (1) of this subsection, in this title,
``aggravated felony'', in addition to its meaning under paragraphs (2),
(3), and (4) of this subsection, means any of the following, or an
attempt or conspiracy to commit any of the following, for which a
conviction is entered after April 23, 1996:
(i) an offense that is described in section 2421, 2422, or
2423 of title 18 if committed for commercial advantage.
(ii) an offense of falsely making, forging, counterfeiting,
mutilating, or altering a passport or instrument in violation
of section 1543 of title 18 for which the term of imprisonment
is at least 18 months.
(iii) an offense described in section 1084 (if it is a second
or subsequent offense) or 1955 of title 18 for which a sentence
of at least 5 years may be imposed.
(iv) an offense described in section 10148(a) or 10149(a) of
this title committed by an alien who was previously deported on
the basis of a conviction for an offense described in this
section.
(v) an offense related to commercial bribery, counterfeiting,
forgery, or trafficking in vehicles the identification numbers
of which have been altered for which a sentence of at least 5
years may be imposed.
(vi) an offense related to obstruction of justice, perjury or
subornation of perjury, or bribery of a witness, for which a
sentence of at least 5 years may be imposed.
(vii) an offense related to failure to appear before a court
pursuant to a court order to answer to or dispose of a charge
of a felony for which a sentence of at least 2 years may be
imposed.
(B) Subparagraph (A) of this paragraph applies to an offense under a
law of--
(i) a State or the United States; or
(ii) a foreign country if the term of imprisonment for the
offense was completed within the prior 15 years.
(b) Actions Taken and Violations of Section 10149(a)(1) Occurring
After September 29, 1996.--(1)(A) The definition of ``aggravated
felony'' in this subsection applies to an action taken, or a violation
of section 10149(a)(1) of this title occurring, after September 29,
1996.
(B) Notwithstanding any other provision of law (including any
effective date), the definition of ``aggravated felony'' in this
subsection applies no matter when a conviction is entered.
(2)(A) Subject to paragraph (1) of this subsection, in this title,
``aggravated felony'' means any of the following, or an attempt or
conspiracy to commit any of the following:
(i) murder, rape, or sexual abuse of a minor;
(ii) illicit trafficking in a controlled substance (as
defined in section 102 of the Controlled Substances Act (21
U.S.C. 802)), including a drug trafficking crime (as defined in
section 924(c)(2) of title 18).
(iii) illicit trafficking in a firearm or destructive device
(as defined in section 921(a) of title 18) or in an explosive
material (as defined in section 841(c) of title 18).
(iv) an offense described in section 1956 or 1957 of title 18
if the amount of the funds exceeded $10,000;
(v) an offense described in section 842(h) or (i), 844(d),
(e), (f), (g), (h) or (i), 922(g)(1), (2), (3), (4) or (5),
(j), (n), (o), (p), or (r), or 924(b) or (h) of title 18 or
section 5861 of the Internal Revenue Code of 1986 (26 U.S.C.
5861).
(vi) a crime of violence (as defined in section 16 of title
18, except a purely political offense) for which the term of
imprisonment is at least one year.
(vii) a theft offense (including receipt of stolen property)
or burglary offense for which the term of imprisonment is at
least one year.
(viii) an offense described in section 875, 876, 877, or 1202
of title 18.
(ix) an offense described in section 2251, 2251A, or 2252 of
title 18.
(x) an offense described in section 1962, 1084 (if it is a
second or subsequent offense), 1955, or 1962 of title 18 for
which a sentence of at least one year may be imposed.
(xi) an offense that--
(I) relates to owning, controlling, managing, or
supervising a prostitution business;
(II) is described in section 2421, 2422, or 2423 of
title 18 if committed for commercial advantage; or
(III) is described in section 1581, 1582, 1583, 1584,
1585, or 1588 of title 18.
(xii) an offense described in section 793, 798, 2153, 2381,
or 2382 of title 18 or section 601 of the National Security Act
of 1947 (50 U.S.C. 421).
(xiii) an offense that--
(I) involves fraud or deceit in which the loss to the
victim is more than $10,000; or
(II) is described in section 7201 of the Internal
Revenue Code of 1986 (26 U.S.C. 7201) in which the loss
to the Federal Government is more than $10,000.
(xiv) an offense described in section 10147(a)(1)(A) or (2)
of this title except in the case of a first offense for which
the alien has affirmatively shown that the alien committed the
offense for the purpose of assisting, abetting, or aiding only
the alien's spouse, child, or parent (and no other individual)
to violate a provision of this title.
(xv) an offense described in section 10148(a) or 10149(a) of
this title committed by an alien who was previously deported on
the basis of a conviction for an offense described in this
section.
(xvi) an offense--
(I) which either is falsely making, forging,
counterfeiting, mutilating, or altering a passport or
instrument in violation of section 1543 of title 18 or
is described in section 1546(a) of title 18; and
(II) for which the term of imprisonment is at least
12 months, except in the case of a first offense for
which the alien has affirmatively shown that the alien
committed the offense for the purpose of assisting,
abetting, or aiding only the alien's spouse, child, or
parent (and no other individual) to violate a provision
of this title.
(xvii) an offense related to a failure to appear by a
defendant for service of sentence if the underlying offense is
punishable by a term of imprisonment of at least 5 years.
(xviii) an offense related to commercial bribery,
counterfeiting, forgery, or trafficking in vehicles the
identification numbers of which have been altered for which the
term of imprisonment is at least one year.
(xix) an offense related to obstruction of justice, perjury
or subornation of perjury, or bribery of a witness, for which
the term of imprisonment is at least one year.
(xx) an offense related to failure to appear before a court
pursuant to a court order to answer to or dispose of a charge
of a felony for which a sentence of at least 2 years may be
imposed.
(B) Subparagraph (A) of this paragraph applies to an offense under a
law of--
(i) a State or the United States; or
(ii) a foreign country if the term of imprisonment for the
offense was completed within the prior 15 years.
Sec. 105. Alien
In this title, ``alien'' means an individual who is not a national of
the United States.
Sec. 106. Application for admission
In this title, ``application for admission'' means an application for
admission to the United States and not an application for a visa.
Sec. 107. Border crossing identification card
In this title, ``border crossing identification card'' means a
document of identity--
(1) having the designation ``border crossing identification
card'';
(2) issued by a consular officer or an immigration officer to
an alien lawfully admitted for permanent residence or an alien
residing in foreign territory contiguous to the United States;
and
(3) to be used by the alien, under conditions for its
issuance and use as may be prescribed by regulations, in
crossing a border between the United States and foreign
territory contiguous to the United States.
Sec. 108. Child
(a) Subtitles I-III.--In subtitles I-III of this title (except
subchapter I of chapter 7 and chapter 47), ``child'' means an unmarried
individual under 21 years of age who--
(1) is a child born in wedlock;
(2) is a stepchild, whether or not born out of wedlock, if
the child was under 18 years of age when the marriage making
the child a stepchild occurred;
(3) was legitimated under the law of the child's or father's
residence or domicile if the legitimation occurred when the
child was under 18 years of age and in the legal custody of the
legitimating parent or parents;
(4) is a child born out of wedlock, but the individual is a
child only in regard to the individual's--
(A) natural mother; or
(B) natural father if the father has or had a bona
fide parent-child relationship with the child;
(5) was adopted under 16 years of age if the child has been
in the legal custody of, and resided with, the adopting parent
or parents for at least 2 years; or
(6)(A) is under 16 years of age when a petition is filed to
classify the child as an immediate relative;
(B) is an orphan because both parents have died, disappeared,
abandoned or deserted the child, or been separated from the
child, or has only one parent and the parent is unable to
provide the proper care and irrevocably in writing has released
the child for emigration and adoption, except that in this
clause the term ``parent'' does not include the natural father
if--
(i) the child is a child born out of wedlock as
described in clause (4) of this subsection and has not
been legitimated as described in clause (3) of this
subsection; and
(ii) the father has disappeared, abandoned or
deserted the child, or irrevocably in writing released
the child for emigration and adoption;
(C)(i) was adopted outside the United States by a citizen of
the United States and the citizen's spouse, or by an unmarried
citizen of the United States at least 25 years of age, who
personally observed the child before or during the adoption
proceedings; or
(ii) is coming to the United States for adoption by a citizen
of the United States and the citizen's spouse, or by an
unmarried citizen of the United States at least 25 years of
age, who complied with the preadoption requirements of the
child's proposed residence; and
(D) will be cared for properly, to the satisfaction of the
Attorney General, if admitted to the United States.
(b) Subtitle V.--In part B of subtitle IV and subtitle V of this
title, ``child'' means an unmarried individual under 21 years of age
and includes a child who--
(1) is a child born in wedlock;
(2) was legitimated under the law of the child's or father's
residence or domicile (even if outside the United States) if
the legitimation occurred when the child was under 16 years of
age and in the legal custody of the legitimating parent or
parents; or
(3) except as provided in sections 20305 and 20306 of this
title, was adopted in the United States if the adoption
occurred when the child was under 16 years of age and in the
legal custody of the adopting parent or parents.
Sec. 109. Consular officer
In this title, ``consular officer'' means an officer or employee of
the Federal Government designated under regulations to issue visas.
Sec. 110. Conviction
(a) General.--In this title, ``conviction'' means a formal judgment
of guilt of the alien entered by a court or, if adjudication of guilt
has been withheld, where--
(1)(A) a judge or jury has found the alien guilty; or
(B) the alien has entered a plea of guilty or nolo contendere
or has admitted sufficient facts to warrant a finding of guilt;
and
(2) the judge has ordered some form of punishment, penalty,
or restraint on the alien's liberty to be imposed.
(b) A reference to a term of imprisonment or a sentence with respect
to an offense is deemed to include the period of incarceration or
confinement ordered by a court of law regardless of any suspension of
the imposition or execution of that imprisonment or sentence.
(c) This section applies to convictions and sentences entered at any
time.
Sec. 111. Crewmember
In this title, ``crewmember'' means an individual serving in any
capacity on a vessel or aircraft.
Sec. 112. Executive capacity
(a) General.--In this title, ``executive capacity'' means a capacity
in which an employee of an organization primarily--
(1) directs the management of the organization or a major
component or function of the organization;
(2) establishes the goals and policies of the organization,
component, or function;
(3) has wide latitude in making discretionary decisions; and
(4) receives only general supervision or direction from
higher level executives, the board of directors, or
stockholders of the organization.
(b) Staffing Levels as Factor.--If staffing levels are used as a
factor in deciding whether an individual is acting in an executive
capacity, the Attorney General shall consider the reasonable needs of
the organization, component, or function in light of the overall
purpose and stage of development of the organization, component, or
function. An individual is not acting in an executive capacity only
because of the number of employees the individual supervises, directs,
or has supervised or directed.
Sec. 113. Foreign country
In this title, ``foreign country'' includes the territories and
possessions of a foreign country, but a self-governing dominion or a
territory under trusteeship is deemed to be a separate foreign country.
Sec. 114. Good moral character
In this title, each of the following individuals is an individual not
of good moral character:
(1) an individual who, during the period for which good moral
character is required--
(A) was a habitual drunkard;
(B) was within a class of individuals, whether
inadmissible or not, described in--
(i) section 6308 or 6309(a)(5), or 6319(a) of
this title; or
(ii) section 6309(a)(1)-(4) of this title
(except as section 6309(a)(3) relates to a
single offense of simple possession of not more
than 30 grams of marijuana), if the individual
admits committing or was convicted of
committing the offense and committed the
offense during the period for which good moral
character is required;
(C) derived income principally from unlawful gambling
activities;
(D) committed at least 2 gambling offenses for which
the individual has been convicted;
(E) gave false testimony to obtain a benefit under
this title (except subchapter I of chapter 7, chapter
47, subchapters II and III of chapter 131, and chapters
133 and 135); or
(F) served a total of at least 180 days in a penal
institution for conviction of an offense or offenses,
even if the offense or offenses were not committed
during the period for which good moral character is
required.
(2) an individual convicted of murder or, after November 28,
1990, of another aggravated felony, regardless of whether the
offense or conviction was during the period for which good
moral character is required.
(3) an individual found for other reasons to be not of good
moral character.
Sec. 115. Graduate of a medical school
In this title, ``graduate of a medical school'' means an alien who
has graduated from a medical school or has qualified to practice
medicine in a foreign country, except an alien of national or
international renown in the field of medicine.
Sec. 116. Immediate relative
In this title, ``immediate relative'' means--
(1) a child of a citizen of the United States;
(2) a spouse of a citizen of the United States, except that
if the citizen has died, the spouse and each child of the
spouse remains an immediate relative after the death only if
the spouse--
(A) was married to the citizen for at least 2 years
before the date of death;
(B) was not legally separated from the citizen on the
date of death;
(C) files a petition under section 4301(a)(2) of this
title not later than 2 years after the date of death;
and
(D) has not remarried; and
(3) a parent of a citizen of the United States if the citizen
is at least 21 years of age.
Sec. 117. Immigrant
In this title, ``immigrant'' means any alien except a nonimmigrant.
Sec. 118. Immigration judge
In this title, ``immigration judge'' means an attorney who is--
(1) appointed by the Attorney General as an administrative
judge within the Executive Office for Immigration Review;
(2) qualified to conduct special classes of proceedings,
including a hearing under section 6704 of this title; and
(3)(A) under the supervision of the Attorney General and who
carries out duties and powers the Attorney General prescribes;
but
(B) not employed by the Immigration and Naturalization
Service.
Sec. 119. Immigration laws
In this title, ``immigration laws'' includes this title and all laws,
conventions, and treaties of the United States related to the
immigration, exclusion, removal, or deportation of aliens.
Sec. 120. Immigration officer
In this title, ``immigration officer'' means an officer or employee
of the Federal Government designated by the Attorney General,
individually or by regulation, to carry out the duties and powers of an
immigration officer.
Sec. 121. Ineligible for citizenship
In this title, ``ineligible for citizenship'', notwithstanding any
treaty related to military service, means permanently debarred at any
time under this title or any other law from becoming a citizen of the
United States.
Sec. 122. International organization
In this title, ``international organization'' means an international
organization as defined in section 1 of the International Organizations
Immunities Act (22 U.S.C. 288).
Sec. 123. Lawfully admitted for permanent residence
In this title, ``lawfully admitted for permanent residence'' means
the status of lawfully having been given the privilege of residing
permanently in the United States as an immigrant under the immigration
laws, that status not having changed.
Sec. 124. Managerial capacity
(a) General.--In this title, ``managerial capacity'' means a capacity
in which an employee of an organization primarily--
(1) manages the organization or a department, subdivision,
component, or function of the organization;
(2) supervises and controls the work of other supervisory,
professional, or managerial employees, or manages an essential
function in the organization or a department or subdivision of
the organization;
(3)(A) has the authority to hire and fire or recommend
hiring, firing, and other personnel actions, if an employee is
supervised directly; or
(B) works at a senior level in the organizational hierarchy
or with regard to the function managed, if no employee is
supervised directly; and
(4) has discretion over the day-to-day operations of the
activity or function for which the individual has authority.
(b) First-Line Supervisor.--A first-line supervisor is not acting in
a managerial capacity only because of the supervisor's supervisory
duties unless the employees supervised are professional.
(c) Staffing Levels as Factor.--If staffing levels are used as a
factor in deciding whether an individual is acting in a managerial
capacity, the Attorney General shall consider the reasonable needs of
the organization, component, or function in light of the overall
purpose and stage of development of the organization, component, or
function. An individual is not acting in a managerial capacity only
because of the number of employees the individual supervises, directs,
or has supervised or directed.
Sec. 125. National
In this title, ``national'' means an individual owing permanent
allegiance to a country.
Sec. 126. National of the United States
In this title, ``national of the United States'' means--
(1) a citizen of the United States; or
(2) an individual, not a citizen of the United States, owing
permanent allegiance to the United States.
Sec. 127. Naturalization
In this title, ``naturalization'' means the conferring of nationality
of a country on an individual after birth by any means.
Sec. 128. Nonimmigrant
In this title, ``nonimmigrant'' means an alien who has the status of
a nonimmigrant classified under subchapter I of chapter 23 of this
title.
Sec. 129. Parent, father, and mother
(a) Subtitles I-III.--In subtitles I-III of this title (except
subchapter I of chapter 7), ``parent'', ``father'', and ``mother'' mean
a parent, father, and mother of a child as defined in section 108(a) of
this title.
(b) Subtitle V.--In subtitle V of this title, ``parent'', ``father'',
and ``mother'' include a deceased parent, father, and mother of a
posthumous child.
(c) Exceptions.--(1) In this title (except subchapter I of chapter 7
and chapter 151), ``parent'', ``father'', and ``mother'' do not
include--
(A) the natural parent of a child as defined in section
108(a)(5) of this title; or
(B) the natural parent or prior adoptive parent of a child as
defined in section 108(a)(6) of this title.
(2) In this title (except subchapter I of chapter 7), ``parent'',
``father'', and ``mother'' do not include the natural parent or prior
adoptive parent of a special immigrant as defined in section 133(a)(12)
of this title.
Sec. 130. Passport
In this title, ``passport'' means a travel document--
(1) granted by competent authority;
(2) showing the bearer's origin, identity, and nationality if
any; and
(3) valid for the admission of the bearer into a foreign
country.
Sec. 131. Refugee
(a) General.--In this title (except chapter 133), ``refugee''--
(1) means an individual who--
(A)(i) is outside a country of the individual's
nationality or, if the individual has no nationality,
is outside a country in which the individual last
habitually resided; and
(ii) is unable or unwilling to return to, and make
use of the protection of, that country because of
persecution or a well-founded fear of persecution on
account of race, religion, nationality, membership in a
particular social group, or political opinion; or
(B) in circumstances the President after appropriate
consultation (as defined in section 5101(a) of this
title) specifies--
(i) is in a country of the individual's
nationality or, if the individual has no
nationality, is in a country in which the
individual is habitually residing; and
(ii) is persecuted or has a well-founded fear
of persecution on account of race, religion,
nationality, membership in a particular social
group, or political opinion; but
(2) does not include an individual who ordered, incited,
assisted, or otherwise participated in the persecution of an
individual on account of race, religion, nationality,
membership in a particular social group, or political opinion.
(b) Resistance to Coercive Population Control Methods.--For purposes
of decisions under this title (except chapter 133), an individual--
(1) who has been forced to abort a pregnancy or to undergo
involuntary sterilization, or who has been persecuted for
failure or refusal to undergo such a procedure or for other
resistance to a coercive population control program, is deemed
to have been persecuted on account of political opinion; and
(2) who has a well founded fear that he or she will be forced
to undergo such a procedure or be subject to persecution for
such a failure, refusal, or resistance is deemed to have a well
founded fear of persecution on account of political opinion.
Sec. 132. Residence
In this title, ``residence'' means the principal, actual dwelling
place of an individual without regard to the individual's intent.
Sec. 133. Special immigrant
(a) General.--In this title, ``special immigrant'' means each of the
following immigrants:
(1) an immigrant lawfully admitted for permanent residence
returning from a temporary visit outside the United States
(including a period of employment by the American University of
Beirut).
(2) an immigrant who was a citizen of the United States and
may be naturalized under section 20316 or 20319(a) of this
title.
(3)(A) an immigrant who--
(i) for at least 2 years immediately before applying
for admission has been a member of a religious
denomination having a bona fide nonprofit religious
organization in the United States;
(ii) is coming to the United States--
(I) only to serve as a minister of that
religious denomination;
(II) before October 1, 1997, to work for the
organization, at the request of the
organization, in a professional capacity in a
religious vocation or occupation; or
(III) before October 1, 1997, to work for the
organization or for a bona fide organization
affiliated with the religious denomination and
exempt from taxation as an organization
described in section 501(c)(3) of the Internal
Revenue Code of 1986 (26 U.S.C. 501(c)(3)), at
the request of the organization, in a religious
vocation or occupation; and
(iii) has served as a minister or performed the work
described in subclause (ii) of this clause continuously
for at least the 2-year period described in subclause
(i) of this clause; and
(B) the immigrant's spouse and children if accompanying or
following to join the immigrant.
(4)(A) an immigrant who is an employee or an honorably
retired former employee of the Federal Government outside the
United States, or of the American Institute in Taiwan, who has
performed faithful service for at least 15 years, if the
principal officer of a Foreign Service establishment of the
United States, or the director of the American Institute in
Taiwan, respectively, recommends that the immigrant be granted
special immigrant status because of exceptional circumstances
and the Secretary of State approves the recommendation after
finding that it is in the interest of the United States to
grant the status; and
(B) the immigrant's spouse and children if accompanying the
immigrant.
(5)(A) an immigrant who--
(i) resided in the Panama Canal Zone on April 1,
1979;
(ii) was an employee of the Panama Canal Company or
the Canal Zone Government before October 1, 1979; and
(iii) performed faithful service as such an employee
for at least one year; and
(B) the immigrant's spouse and children if accompanying the
immigrant.
(6)(A) an immigrant who--
(i) is a national of Panama;
(ii) performed faithful service as an employee of the
Federal Government in the Panama Canal Zone for at
least 15 years before October 1, 1979; and
(iii) honorably retired from that employment at any
time or continues to be employed by the Federal
Government in an area of the former Canal Zone; and
(B) the immigrant's spouse and children if accompanying the
immigrant.
(7)(A) an immigrant--
(i) who was an employee of the Panama Canal Company
or the Canal Zone Government on April 1, 1979;
(ii) who performed faithful service as such an
employee for at least 5 years; and
(iii) whose personal safety, or whose spouse's or
child's personal safety, is placed in reasonable danger
directly because of the Panama Canal Treaty of 1977 and
the special nature of the immigrant's employment; and
(B) the immigrant's spouse and children if accompanying the
immigrant.
(8)(A) an immigrant who--
(i) has graduated from a medical school or has
qualified to practice medicine in a foreign country;
(ii) was completely and permanently licensed to
practice medicine in a State on January 9, 1978, and
was practicing medicine in a State on that date;
(iii) entered the United States as a nonimmigrant
classified under any of sections 2312-2316 or 2325 of
this title before January 10, 1978; and
(iv) has been continuously present in the United
States in the practice or study of medicine since the
date of entry; and
(B) the immigrant's spouse and children if accompanying the
immigrant.
(9) an immigrant who--
(A) is the unmarried son or daughter of a present or
former officer or employee of an international
organization;
(B) while maintaining the status of a nonimmigrant
classified under section 2302(5) or 2324 of this title,
has resided and been physically present in the United
States for--
(i) periods totaling at least half of the 7
years before the date of application for a visa
or for adjustment of status to special
immigrant status under this clause (9); and
(ii) periods totaling at least 7 years
between the ages of 5 and 21; and
(C) applies for a visa or adjustment of status to
special immigrant status under this clause (9) not
later than April 24, 1989, or the immigrant's 25th
birthday, whichever is later.
(10) an immigrant who--
(A) is the surviving spouse of a deceased officer or
employee of an international organization;
(B) while maintaining the status of a nonimmigrant
classified under section 2302(5) or 2324 of this title,
has resided and been physically present in the United
States for--
(i) periods totaling at least half of the 7
years before the date of application for a visa
or for adjustment of status to special
immigrant status under this clause (10); and
(ii) periods totaling at least 15 years
before the date of death of the officer or
employee; and
(C) files a petition for special immigrant status
under this clause (10) not later than April 24, 1989,
or 6 months after the date of death of the officer or
employee, whichever is later.
(11)(A) an immigrant who--
(i) is a retired officer or employee of an
international organization;
(ii) while maintaining the status of a nonimmigrant
classified under section 2302(5) of this title, has
resided and been physically present in the United
States for periods totaling at least half of the 7
years before the date of application for a visa or for
adjustment of status to special immigrant status under
this clause (11), and for periods totaling at least 15
years before the date of the officer's or employee's
retirement from the international organization; and
(iii) files a petition for special immigrant status
under this clause (11) not later than April 25, 1995,
or 6 months after the date of retirement, whichever is
later; and
(B) the immigrant's spouse if accompanying or following to
join the immigrant as a member of the immediate family.
(12) an immigrant--
(A) who has been declared a dependent of a juvenile
court in the United States or whom a juvenile court in
the United States has committed to, or placed in
custody of, an authority or department of a State and
who has been found eligible by that court for long-term
foster care; and
(B) for whom it has been decided in an administrative
or judicial proceeding that it would not be in the
alien's best interest to be returned to the alien's or
alien's parent's previous country of nationality or
country of last habitual residence.
(13)(A) an immigrant who--
(i) after October 15, 1978, and after original lawful
enlistment outside the United States under a treaty or
agreement in effect on October 1, 1991, has served
honorably on active duty in the armed forces of the
United States for--
(I) 12 years and, if separated from the
service, was separated only under honorable
conditions; or
(II) 6 years if the immigrant is on active
duty when seeking special immigrant status
under this clause (13) and has reenlisted to
incur a total active duty obligation of at
least 12 years; and
(ii) is recommended by the head of the executive
department of the Federal Government under which the
immigrant has served to receive special immigrant
status under this clause (13); and
(B) the immigrant's spouse and children if accompanying or
following to join the immigrant.
(b) Temporary Absences Under Subsection (a)(9)-(11).--An alien who is
a present or former officer or employee of an international
organization, or is the surviving spouse, unmarried son, or unmarried
daughter of a present or former officer or employee, is deemed under
subsection (a)(9)-(11) of this section to be residing and physically
present in the United States during a period in which the alien is
residing in, but absent from, the United States if--
(1) the alien is absent because of the officer's or
employee's need to conduct official business for the
organization or because of customary leave; and
(2) during the absence--
(A) the officer or employee continues to have a duty
station in the United States; and
(B) with respect to an unmarried son or daughter, the
son or daughter is not enrolled in a school outside the
United States.
Sec. 134. Spouse, wife, and husband
In this title, ``spouse'', ``wife'', and ``husband'' do not include a
spouse, wife, or husband by a marriage ceremony during which both
parties were not physically present, unless the parties consummated the
marriage.
Sec. 135. State
In this title (except subchapter I of chapter 7, subchapters II and
III of chapter 131, and chapters 133 and 135), ``State'' means a State
of the United States, the District of Columbia, Puerto Rico, Guam, and
the Virgin Islands.
Sec. 136. Stowaway
In this title, ``stowaway'' means an alien who obtains transportation
without the consent of the owner, master, commanding officer, or
charterer of a vessel or aircraft through concealment aboard the vessel
or aircraft. However, a passenger who boards with a valid ticket is not
a stowaway.
Sec. 137. Totalitarian dictatorship
In this title, ``totalitarian dictatorship'' means a system of
government that is not representative and is characterized by--
(1) the existence of a single political party, organized on a
dictatorial basis, whose policies are so closely identified
with the governmental policies that the party and the
government are indistinguishable; and
(2) the forcible suppression of opposition to the party.
Sec. 138. Totalitarian party
In this title, ``totalitarian party'' means an organization
advocating the establishment of a totalitarian dictatorship in the
United States.
Sec. 139. United States
In this title (except subchapter I of chapter 7, subchapters II and
III of chapter 131, chapters 133 and 135, and section 13702), ``United
States'' means the States of the United States, the District of
Columbia, Puerto Rico, Guam, and the Virgin Islands.
Sec. 140. Unmarried
In this title, ``unmarried'', when used in reference to an individual
as of a particular time, means an individual who was not married at
that time, even if previously married.
Sec. 141. Visa
In this title, ``visa'' means an unexpired visa issued under section
2123 or 4313 of this title.
CHAPTER 3--DEPARTMENT OF JUSTICE
SUBCHAPTER I--ORGANIZATION AND ADMINISTRATION
Sec.
301. General authority of the Attorney General.
302. Immigration and Naturalization Service.
303. Working hours and premium pay for officers and employees of the
Immigration and Naturalization Service.
304. Providing immigration services for scheduled flights.
305. Reimbursement for immigration inspection services.
306. Travel expenses.
307. Interment expenses and other services to certain family members.
308. Providing services and articles at immigrant stations.
309. Providing services for individuals in administrative detention in
non-federal institutions.
310. Operation of photographic studios by welfare organizations.
311. Advisory committee on inspection services.
312. Reports.
SUBCHAPTER II--ENFORCEMENT
321. Oaths and testimony.
322. Enforcement authority.
323. Authority to support control of borders.
324. Preclearance authority.
325. Preinspection at foreign airports.
326. Enforcement by States.
327. Local jurisdiction over immigrant stations.
328. Acceptance of state assistance for transporting deportable
criminal aliens.
329. Automated permit pilot projects.
330. Automated entry-exit control system.
SUBCHAPTER III--FINANCIAL ADMINISTRATION AND FEES
341. Crediting appropriations.
342. Interest on immigration bonds.
343. Use of appropriations for undercover investigations.
344. Breached Bond/Detention Fund.
345. Immigration User Fee Account.
346. Immigration Examinations Fee Account.
347. Immigration Enforcement Account.
348. Immigration Detention Account.
349. Land border inspection fees.
350. Immigration emergency fund.
SUBCHAPTER IV--INFORMATION SERVICES
361. Information system on impact of immigration laws.
362. Records on aliens.
363. Information about criminal aliens.
364. Information about transporting alien females for prostitution and
debauchery.
365. Communication between government entities and the Immigration and
Naturalization Service.
366. Limitations on disclosure of information.
367. Proof of nonexistence of records.
SUBCHAPTER I--ORGANIZATION AND ADMINISTRATION
Sec. 301. General authority of the Attorney General
(a) General Authority.--(1) Except as otherwise provided by law, the
Attorney General shall carry out this title and other immigration laws.
The Attorney General's decision and ruling on a question of law is
controlling.
(2) The Attorney General may prescribe regulations and forms of bonds
to carry out the duties and powers of the Attorney General under this
title.
(b) Control of Borders.--The Attorney General shall control the
borders of the United States against the unlawful entry of aliens.
(c) Delegation.--In carrying out this title, the Attorney General,
with the consent of the head of a federal department, agency, or
instrumentality may require or authorize an officer or employee of the
department, agency, or instrumentality to carry out a duty or power of
an officer or employee of the Immigration and Naturalization Service.
(d) Establishment of Offices in Foreign Countries.--The Attorney
General--
(1) with the concurrence of the Secretary of State, may
establish an office of the Service in a foreign country; and
(2) after consulting with the Secretary, may detail an
officer or employee of the Service for duty in a foreign
country when the Attorney General considers the detail
necessary to carry out this title.
Sec. 302. Immigration and Naturalization Service
(a) Organization.--The Immigration and Naturalization Service is a
service in the Department of Justice.
(b) Commissioner of Immigration and Naturalization.--The head of the
Service is the Commissioner of Immigration and Naturalization. The
Commissioner is appointed by the President, by and with the advice and
consent of the Senate. The Commissioner must be a citizen of the United
States.
(c) General Authority of the Commissioner.--(1) The Commissioner
shall--
(A) carry out duties and powers prescribed by the Attorney
General; and
(B) maintain direct and continuous liaison with the
Administrator designated under section 502 of this title to
carry out the immigration and nationality laws in a
coordinated, uniform, and efficient way.
(2) The Commissioner may make cooperative agreements with state and
local law enforcement agencies to assist in enforcing the immigration
laws.
(d) Office, Records, and Facilities.--The Attorney General shall
provide the Commissioner with a suitable office in the District of
Columbia and records and facilities necessary to carry out the
Commissioner's duties and powers.
(e) Availability of Appropriation.--The appropriation ``Immigration
and Naturalization Service--Salaries and Expenses'' is available to pay
for the following:
(1) the costs of hiring privately owned horses for use on
official business, under contract with officers or employees of
the Service.
(2) the pay of interpreters and translators who are not
citizens of the United States.
(3) the costs of distributing citizenship textbooks to aliens
without charge to the aliens.
(4) at a rate specified by the applicable appropriation law,
allowances to aliens for work performed when held in custody
under the immigration laws.
(5) if authorized by an appropriation law, spending by the
Attorney General for unforeseen emergencies of a confidential
character.
(f) Certificate for Confidential Expenditures.--The Attorney General
shall make a certificate for any amount of expenditures under
subsection (e)(5) of this section that the Attorney General considers
advisable not to specify. The certificate is a sufficient voucher that
the amount stated was expended.
Sec. 303. Working hours and premium pay for officers and employees of
the Immigration and Naturalization Service
(a) Regulating Working Hours.--The Attorney General may regulate the
working hours of officers and employees of the Immigration and
Naturalization Service performing work at a port to coincide with the
customary working hours at that port. This subsection does not change
the length of a working day or the rate provided in subsection (b) of
this section.
(b) Premium Pay Rates.--An officer or employee of the Service
performing work related to the inspection and landing of passengers and
crew of a vessel, aircraft, or vehicle arriving in the United States
from a foreign port is entitled to premium pay at the following rates:
(1) For overtime work, the rate is one-half day's pay for
each 2 hours (or part of a 2-hour period of at least one hour),
but the total pay for the period between the end of the
individual's regular shift and the beginning of the
individual's next regular shift may not be more than 2.5 days'
pay.
(2) For work on a Sunday or holiday, the rate is 2 days' pay.
(c) Method of Payment.--(1) Except as provided in section 80503 of
title 49, when an officer or employee of the Service performs work
referred to in subsection (b) of this section, the master, owner,
agent, or consignee of the vessel, aircraft, or vehicle shall pay to
the Attorney General an amount equal to the pay to which the officer or
employee is entitled under subsection (b). The amount shall be paid if
the officer or employee was ordered to report for work and did report,
even if an inspection did not take place. However, this paragraph does
not apply to an inspection, at a designated port of entry, of
passengers arriving by an international ferry, bridge, or tunnel, or by
a vessel on the Great Lakes and connecting waterways, an aircraft, or a
vehicle, when the vessel, aircraft, or vehicle is operating on a
regular schedule.
(2) The Attorney General shall deposit in the Treasury an amount paid
under this subsection. The amount shall be credited to the
appropriation ``Immigration and Naturalization Service--Salaries and
Expenses''. The amount credited to the appropriation is available for
payment of the overtime, Sunday, and holiday pay.
Sec. 304. Providing immigration services for scheduled flights
Notwithstanding section 303(c)(1) of this title or any other law, the
immigration services required to be provided to passengers on arrival
in the United States on a scheduled flight shall be provided
adequately, not later than 45 minutes after their presentation for
inspection, when needed and at no cost to the air carrier or
passengers, except for the fee specified in section 7308(a) of this
title, at--
(1) airports at which immigration services are provided; and
(2) places outside the United States at which an immigration
officer is stationed to provide immigration services.
Sec. 305. Reimbursement for immigration inspection services
(a) Inspections in Foreign Contiguous Territories.--Section 209 of
title 18 does not prohibit reimbursement for the services of an
immigration officer related to inspecting aliens in a foreign
contiguous territory. The reimbursement shall be credited to the
appropriation ``Immigration and Naturalization Service--Salaries and
Expenses''.
(b) Requested Inspection Services.--The Attorney General may receive
reimbursement from the owner, operator, or agent of a private or
commercial vessel or aircraft, or from a seaport or airport authority,
for expenses incurred by the Attorney General in providing immigration
inspection services requested by the owner, operator, agent, or
authority, including the salaries and expenses of individuals employed
by the Attorney General to provide the services. The Attorney General's
authority to receive reimbursement under this section ends as soon as
an amount is appropriated to provide the services.
Sec. 306. Travel expenses
(a) Travel Expenses.--Under regulations prescribed by the Attorney
General, an officer or employee of the Immigration and Naturalization
Service is entitled to travel expenses when the officer or employee--
(1) is ordered to carry out duties and powers in a foreign
country;
(2) is transferred from one station to another in the United
States or in a foreign country; or
(3) in carrying out duties and powers in a foreign country,
becomes eligible for voluntary retirement and returns to the
United States.
(b) Expenses of Transporting Spouse, Children, and Property.--The
Attorney General may reimburse an officer or employee described in
subsection (a) of this section for expenses incurred in transporting
the officer's or employee's spouse, dependent children, and personal
property, including (as provided under subchapter II of chapter 57 of
title 5) the expenses for packing, crating, freight, unpacking,
temporary storage, and drayage.
Sec. 307. Interment expenses and other services to certain family
members
(a) Expenses of Interment.--When an officer or employee of the
Immigration and Naturalization Service dies when in, or in transit to,
a foreign country on official business, the Attorney General may pay
the ordinary and necessary expenses of interment.
(b) Services to Family Members of Officers and Agents Killed in the
Line of Duty.--(1) To the extent provided in an appropriation law, when
an immigration officer or border patrol agent is killed in the line of
duty, the Attorney General may pay from appropriations available for
the activity in which the officer or agent was engaged--
(A) the actual and necessary expenses of transportation of
the remains of the officer or agent to a place of burial
located in any State, American Samoa, the Northern Mariana
Islands, the Republic of the Marshall Islands, the Federated
States of Micronesia, or the Republic of Palau;
(B) travel expenses, including per diem in lieu of
subsistence, of the decedent's spouse and minor children to and
from the place of burial at rates not more than those
established for official government travel under subchapter I
of chapter 57 of title 5; and
(C) the cost of any other memorial service authorized by the
Attorney General.
(2) The Attorney General may prepay any expense authorized to be paid
under this subsection.
Sec. 308. Providing services and articles at immigrant stations
(a) Awarding Contracts.--Subject to section 3709 of the Revised
Statutes (41 U.S.C. 5), the Attorney General may award an exclusive
contract to provide money exchange services, to transport passengers or
baggage, to provide food and eating facilities, or to provide similar
services at an immigrant station only to the lowest responsible and
capable bidder (except an alien). The Attorney General may charge a
reasonable rental for the use of federal property in providing the
services. However, the Attorney General may provide a necessary service
at an immigrant station if the Attorney General finds that it would be
more economical and efficient.
(b) Sale of Necessary Articles by the Attorney General.--If aliens
detained at an immigrant station cannot readily obtain articles that
the Attorney General decides are necessary to their health and welfare,
the Attorney General may sell the articles to the aliens at reasonable
prices through canteens operated by the Commissioner of Immigration and
Naturalization.
(c) Intoxicating Liquors.--Intoxicating liquors may not be sold at an
immigrant station.
(d) Deposit of Amounts Received.--The Attorney General shall deposit
amounts received under this section in the Treasury to the credit of
the appropriation ``Immigration and Naturalization Service--Salaries
and Expenses''.
Sec. 309. Providing services for individuals in administrative
detention in non-federal institutions
In support of individuals in administrative detention in non-federal
institutions, the Attorney General may--
(1) under an agreement with a State or political subdivision
of a State, make payments from amounts appropriated for the
administration and enforcement of the laws related to
immigration, naturalization, and alien registration for
necessary clothing, medical care, necessary guard hire, and the
housing, care, and security of individuals detained by the
Immigration and Naturalization Service under federal law; and
(2) make a cooperative agreement with any State, territory,
or political subdivision of a State or territory, for the
necessary construction, physical renovation, acquisition of
equipment, supplies or materials required to establish
acceptable conditions of confinement and detention services in
any State or unit of local government which agrees to provide
guaranteed bed space for individuals detained by the Service.
Sec. 310. Operation of photographic studios by welfare organizations
On recommendation of the Attorney General, an officer or employee in
charge of property owned or leased by the Federal Government may
provide space, without payment of rent, in a building occupied by the
Immigration and Naturalization Service, for a photographic studio
operated by a welfare organization without profit and only for the
benefit of individuals seeking to comply with the immigration and
nationality laws. The Attorney General shall supervise a studio
operated under this section.
Sec. 311. Advisory committee on inspection services
(a) Establishment.--The Attorney General shall establish an advisory
committee consisting of representatives from air carriers and other
modes of transportation that may be subject to a fee authorized by law
or proposed by the Immigration and Naturalization Service to cover
expenses incurred by the Service.
(b) Meetings and Advice.--The advisory committee shall meet on a
periodic basis and advise the Attorney General on issues related to the
performance of the inspection services of the Service. This advice
shall include such issues as the time periods during which the services
should be performed, the proper number and deployment of inspection
officers, the level of fees, and the appropriateness of any proposed
fee. The Attorney General shall give substantial consideration to the
views of the committee.
Sec. 312. Reports
(a) Reports on Certain Nonimmigrants.--Not later than April 1 of each
year, the Attorney General shall submit to the Committees on the
Judiciary of the House of Representatives and the Senate a report
describing for each class under sections 2313-2316, 2318-2320, and 2325
of this title the following:
(1) The number of petitions filed.
(2) The number of petitions approved and the number of
workers (by occupation) included in the approved petitions.
(3) The number of petitions denied and the number of workers
(by occupation) requested in the denied petitions.
(4) The number of petitions withdrawn.
(5) The number of petitions pending final action.
(b) Reports on Naturalization Statistics.--(1) The Attorney General
shall prepare annually, from the records of the Immigration and
Naturalization Service, a report in statistical form with analytical
comment. The report shall show by nationality--
(A) the relation between the number of aliens seeking
citizenship of the United States and the number of aliens
arriving each year;
(B) the relation between the number of aliens seeking
citizenship of the United States and the prevailing census
populations of the foreign born; and
(C) the economic, vocational, and other classifications of
aliens seeking citizenship of the United States.
(2) Payment for the equipment used in preparing the report under this
subsection shall be made from the appropriation ``Immigration and
Naturalization Service--Salaries and Expenses''.
(c) Reports on Public Charge Deportations, Indigent Sponsors, and
Reimbursement Actions.--Not later than 180 days after the end of each
fiscal year, the Attorney General shall submit to the Inspector General
of the Department of Justice and the Committees on the Judiciary of the
House of Representatives and the Senate a report describing the
following:
(1) The number of aliens deported on public charge grounds
under section 6503 of this title during the prior fiscal year.
(2) The number of determinations made under section 15125(d)
of this title during the prior fiscal year.
(3) The number of actions brought, and the amount of each
action, for reimbursement under section 6331 of this title
(including private collections) for the costs of providing
public benefits.
(d) Reports on Criminal Aliens.--The Attorney General shall submit
annually to the Committees on the Judiciary of the House of
Representatives and 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 a
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 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.
(e) Reports on Detention Space and Aliens Released Into Community.--
(1) Not later than April 1 and October 1 of each year, the Attorney
General shall submit to the Committees on the Judiciary of the House of
Representatives and the Senate a report 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 6702(c) or
6715 of this title;
(B) all inadmissible or deportable aliens subject to
proceedings under section 6704 or 6705 of this title; and
(C) other inadmissible or deportable aliens under priorities
the Attorney General establishes.
(2) Each report submitted under paragraph (1) of this subsection
shall include the following estimates:
(A) The number of criminal aliens who, in the 6-month period
preceding the date of the submission of the report--
(i) were released from detention facilities of the
Service (whether operated directly by the Service or
through contract with other persons or entities); or
(ii) were not taken into custody or detention by the
Service on completion of their incarceration.
(B) The number of criminal aliens described in clause (A) of
this paragraph who were convicted of an aggravated felony.
(C) The number of inadmissible or deportable aliens who were
released into the community due to a lack of detention
facilities in the 6-month period preceding the date of the
submission of the report notwithstanding circumstances that the
Attorney General believed justified detention, for example, a
significant probability that the released alien would not
appear, as agreed, at subsequent exclusion or deportation
proceedings.
(f) Reports on Aliens Granted Refugee Status or Asylum.-- Not later
than 90 days after the end of each fiscal year, the Attorney General
shall submit to the Committees on the Judiciary of the House of
Representatives and the Senate a report describing--
(1) the number and countries of origin of aliens granted
refugee status or asylum under determinations pursuant to
section 131(b) of this title; and
(2) projections on the number and countries of origin of
aliens that are likely to be granted refugee status or asylum
under determinations pursuant to section 131(b) of this title
for the subsequent 2 fiscal years.
(g) Reports on Aliens Paroled Into the United States.--Not later than
90 days after the end of each fiscal year, the Attorney General shall
submit a report to the Committees on the Judiciary of the House of
Representatives and the Senate with the following information:
(1) The number and categories of aliens paroled into the
United States under section 6121 of this title.
(2) The total number of aliens paroled into and residing in
the United States.
(3) Information and data for each country of origin
concerning the number and categories of aliens paroled, the
duration of parole, and the current status of aliens paroled.
(4) The number and categories of aliens returned to the
custody from which they were paroled during the prior fiscal
year.
SUBCHAPTER II--ENFORCEMENT
Sec. 321. Oaths and testimony
(a) General.--In carrying out this title, the Attorney General,
immigration officers, other officers and employees of the Immigration
and Naturalization Service designated by the Attorney General, and
immigration judges may--
(1) administer oaths;
(2) take evidence; and
(3) subpena witnesses to testify and produce records.
(b) Enforcement of Subpenas.--If a witness disobeys a subpena issued
under subsection (a) of this section, the Attorney General, immigration
officer, designated officer or employee of the Service, or immigration
judge may bring a civil action to enforce the subpena in the district
court of the United States for the judicial district in which the
proceeding is being conducted, or, if the subpena is related to an
application for naturalization, in any district court of the United
States. The court may issue an order to obey the subpena and punish a
refusal to obey as a contempt of court.
(c) Depositions.--An officer or employee of the Service designated by
the Attorney General may take a deposition without charge on a matter
related to carrying out a naturalization or citizenship law. In a case
involving a likelihood of hardship or unusual delay, the Attorney
General may authorize the deposition to be taken before a postmaster
without charge or before an individual authorized to administer oaths
for general purposes.
Sec. 322. Enforcement authority
(a) Carrying Firearms and Serving and Executing Process.--Under
regulations prescribed by the Attorney General, an officer or employee
of the Immigration and Naturalization Service may--
(1) carry a firearm; and
(2) serve and execute an order, warrant, subpena, summons, or
other process issued under the authority of the Federal
Government.
(b) Authority Without Warrant.--An officer or employee of the Service
authorized by regulations prescribed by the Attorney General may,
without a warrant--
(1) interrogate an individual believed to be an alien about
the individual's right to be or remain in the United States;
(2) search an individual seeking admission to the United
States and the personal effects in the possession of the
individual if the officer or employee has reason to suspect
that the search will disclose grounds for denying the
individual admission to the United States;
(3) board a vehicle, aircraft, or other conveyance within a
reasonable distance from a United States border, or board a
vessel within the territorial waters of the United States, to
search for aliens;
(4) within 25 miles from a United States border, have access
to private land (but not a dwelling) to patrol the border to
prevent the unlawful entry of aliens;
(5) arrest an alien who, in the presence or view of the
officer or employee, is attempting to enter the United States
unlawfully, or arrest an alien in the United States who the
officer or employee has reason to believe is in the United
States unlawfully and is likely to escape before a warrant for
the alien's arrest can be obtained, but the alien arrested
shall be taken without unnecessary delay for examination before
an immigration officer having authority to examine aliens as to
their right to enter or remain in the United States;
(6) arrest a person for an offense against the United States
if--
(A) the officer or employee is performing duties
related to enforcement of the immigration laws at the
time of the arrest;
(B) the offense is committed in the presence of the
officer or employee; and
(C) the person is likely to escape before a warrant
for the person's arrest can be obtained;
(7) arrest a person for a felony against the United States
under a law of the United States regulating the admission,
exclusion, removal, or deportation of aliens if--
(A) the officer or employee has reason to believe the
person has committed the felony; and
(B) the person is likely to escape before a warrant
for the person's arrest can be obtained; and
(8) arrest a person for any other felony against the United
States if--
(A) the officer or employee is performing duties
related to enforcement of the immigration laws at the
time of the arrest;
(B) the officer or employee has reason to believe the
person is committing or has committed the felony;
(C) the person is likely to escape before a warrant
for the person's arrest can be obtained; and
(D) the officer or employee has received
certification of completion of a training program as
required under subsection (d) of this section.
(c) Restriction on Warrantless Entry of Outdoor Agricultural
Operations.--Except as provided in subsection (b)(4) of this section,
an officer or employee of the Service may not enter the premises of a
farm or other outdoor agricultural operation, without a warrant or the
consent of the owner or owner's agent, to interrogate an individual
believed to be an alien about the individual's right to be or remain in
the United States.
(d) Regulations on Enforcement Activities.--An arrest may be made
under subsection (b)(8) of this section only on and after the date the
Attorney General prescribes final regulations that specify--
(1) the categories of officers and employees of the Service
who may use force (including deadly force) and the
circumstances under which the force may be used;
(2) standards for enforcement activities of the Service;
(3) a requirement that, before an officer or employee may
make an arrest under subsection (b)(8) of this section, the
officer or employee has received certification of completion of
a training program covering the arrests and the standards
described in clause (2) of this subsection; and
(4) an expedited, internal review process for violations of
the standards, consistent with standard agency procedure
regarding confidentiality of matters related to internal
investigations.
(e) Detaining Aliens for Controlled Substances Violations.--(1) An
officer or employee of the Service designated by Attorney General shall
decide promptly whether to issue a detainer to detain an alien if any
federal, state, or local law enforcement official (or another
official)--
(A) arrests an alien for violating a law related to
controlled substances;
(B) has reason to believe that the alien is in the United
States unlawfully;
(C) expeditiously informs the officer or employee of the
arrest and of facts about the alien's status; and
(D) requests the Commissioner of Immigration and
Naturalization to issue the detainer.
(2) If the detainer is issued and the alien is not otherwise detained
by a federal, state, or local law enforcement official, the Attorney
General shall take custody of the alien expeditiously.
Sec. 323. Authority to support control of borders
(a) Land Acquisition.--(1) The Attorney General may contract for or
buy any interest in land, including temporary use rights, adjacent to
or in the vicinity of an international land border when the Attorney
General decides the land is essential to control and guard the
boundaries and borders of the United States against any violation of
this title.
(2) The Attorney General may contract for or buy any interest in land
identified under paragraph (1) of this subsection as soon as the lawful
owner of that interest fixes a price for it and the Attorney General
considers that price to be reasonable.
(3) When the Attorney General and the lawful owner of an interest
identified under paragraph (1) of this subsection are unable to agree
upon a reasonable price, the Attorney General may begin condemnation
proceedings under the Act of August 1, 1888 (40 U.S.C. 257).
(4) The Attorney General may accept an interest in land identified
under paragraph (1) of this subsection as a gift for the Federal
Government.
(b) Improvement of Barriers at Border.--(1) In consultation with the
Commissioner of Immigration and Naturalization, the Attorney General
shall take those actions necessary to install additional physical
barriers and roads (including the removal of obstacles to detection of
illegal entrants) in the vicinity of the United States border to deter
illegal crossings in areas of high illegal entry into the United
States.
(2)(A) In carrying out paragraph (1) of this subsection, the Attorney
General shall provide for the construction along the 14 miles of the
international land border of the United States, starting at the Pacific
Ocean and extending eastward, of second and third fences, in addition
to the existing reinforced fence, and for roads between the fences. The
Attorney General shall--
(i) acquire promptly under subsection (a) of this section
those easements necessary to carry out this paragraph;
(ii) begin construction of fences immediately after acquiring
those easements or part of those easements; and
(iii) while constructing the additional fencing under this
paragraph, incorporate those safety features into the design of
the fence system necessary to ensure the well-being of border
patrol agents deployed within or in near proximity to that
system.
(B) Not more than $12,000,000 may be appropriated to carry out this
paragraph. Amounts appropriated remain available until expended.
(3) The provisions of the Endangered Species Act of 1973 (16 U.S.C.
1531 et seq.) and the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.) do not apply to actions taken under this
subsection to the extent the Attorney General decides necessary to
ensure expeditious construction of the barriers and roads under this
subsection.
(c) Improved Border Equipment and Technology.--The Attorney General
may acquire and use to detect, interdict, and reduce illegal
immigration into the United States any federal equipment (including
fixed wing aircraft, helicopters, four-wheel drive vehicles, sedans,
night vision goggles,night vision scopes, and sensor units) determined
available for transfer by a federal department, agency, or
instrumentality at the request of the Attorney General.
(d) Delegation of Authority.--When the Attorney General decides that
an actual or imminent mass influx of aliens arriving off the coast of
the United States, or near a land border, presents urgent circumstances
requiring an immediate federal response, the Attorney General may
authorize any state or local law enforcement officer, with the consent
of the head of the department, agency, or establishment under whose
jurisdiction the individual is serving, to perform or exercise any of
the powers, privileges, or duties conferred or imposed by this title
(except subchapter I of chapter 7, chapter 47, subchapters II and III
of chapter 131, chapters 133 and 135, section 13702, and chapter 151)
or regulations issued under this title (except any of those provisions)
on officers or employees of the Immigration and Naturalization Service.
Sec. 324. Preclearance authority
After consultation with the Secretary of State, the Attorney General
may authorize officers of a foreign country to be stationed at
preclearance facilities in the United States to ensure that individuals
traveling from or through the United States to that foreign country
comply with that country's immigration and related laws. Those
officers--
(1) may exercise the authority and perform the duties United
States immigration officers are authorized to exercise and
perform in that foreign country under reciprocal agreement; and
(2) shall enjoy those reasonable privileges and immunities
necessary for the performance of their duties as the government
of their country extends to United States immigration officers.
Sec. 325. Preinspection at foreign airports
(a) Establishment of Preinspection Stations.--(1) Not later than
October 31, 1998, the Attorney General, in consultation with the
Secretary of State, shall establish and maintain preinspection stations
in at least 5 of the foreign airports that are among the 10 foreign
airports which the Attorney General identifies as serving as last
points of departure for the greatest numbers of inadmissible alien
passengers who arrive by air at ports of entry within the United
States. These preinspection stations shall be in addition to any
preinspection stations established before September 30, 1996.
(2) Not later than October 31, 2000, the Attorney General, in
consultation with the Secretary, shall establish preinspection stations
in at least 5 additional foreign airports which the Attorney General,
in consultation with the Secretary, determines, based on the data
compiled under subsection (b) of this section and other information as
may be available, would most effectively reduce the number of aliens
who arrive from abroad by air at points of entry within the United
States who are inadmissible to the United States. These preinspection
stations shall be in addition to those established before September 30,
1996, or under paragraph (1) of this subsection.
(3) Before establishing a preinspection station under paragraph (1)
or (2) of this subsection, the Attorney General, in consultation with
the Secretary, shall ensure that--
(A) federal employees stationed at the preinspection station
and their accompanying family members will receive appropriate
protection;
(B) those employees and their families will not be subject to
unreasonable risks to their welfare and safety; and
(C)(i) the country in which the preinspection station is to
be established maintains practices and procedures with respect
to asylum seekers and refugees in accordance with the
Convention Relating to the Status of Refugees (done at Geneva,
July 28, 1951), or the Protocol Relating to the Status of
Refugees (done at New York, January 31, 1967); or
(ii) that an alien in the country otherwise has recourse to
avenues of protection from return to persecution.
(b) Data Collection.--Not later than November 1 of each year, the
Attorney General shall compile data identifying--
(1) the foreign airports which served as last points of
departure for aliens who arrived by air at United States ports
of entry without valid documentation during the prior fiscal
years;
(2) the number and nationality of aliens described in clause
(1) of this subsection arriving from each foreign airport; and
(3) the primary routes those aliens followed from their
country of origin to the United States.
(c) Carrier Consultant Program.--The Attorney General shall assign
additional immigration officers to assist air carriers in the detection
of fraudulent documents at foreign airports which, based on the records
maintained under subsection (b) of this section, served as a point of
departure for a significant number of arrivals at United States ports
of entry without valid documentation, but where no preinspection
station exists.
(d) Report.--Not later than October 31, 1998, the Attorney General
shall report to the Committees on the Judiciary of the House of
Representatives and the Senate on the implementation of subsection
(a)(1) of this section.
Sec. 326. Enforcement by States
(a) State Presence.--To ensure the effective enforcement of this
title, the Attorney General shall allocate to each State at least 10
full-time active duty agents of the Immigration and Naturalization
Service to carry out the functions of the Service.
(b) Acceptance of State Services.--(1) Notwithstanding section 1342
of title 31, the Attorney General may make a written agreement with a
State, or any political subdivision of a State, under which an officer
or employee of the State or subdivision that the Attorney General
decides is qualified to perform a function of an immigration officer
related to the investigation, apprehension, or detention of aliens in
the United States (including the transportation of those aliens across
state lines to detention centers) may carry out that function at the
expense of the State or subdivision and to the extent consistent with
state and local law.
(2) An agreement under this subsection shall--
(A) require that an officer or employee of a State or
political subdivision of a State performing a function under
the agreement has knowledge of, and adheres to, federal law
related to the function; and
(B) contain a written certification that the officer or
employee performing the function under the agreement has
received adequate training about 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--
(A) shall be subject to the direction and supervision of the
Attorney General; and
(B) may use federal property or facilities, as provided in a
written agreement between the Attorney General and the State or
subdivision.
(4) For each officer or employee of a State or political subdivision
of a State who is authorized to perform a function under this
subsection, the written agreement between the Attorney General and the
State or subdivision required under paragraph (1) of this subsection
shall state--
(A) the specific powers and duties that may be, or are
required to be, exercised or performed by the officer or
employee;
(B) the duration of the authority of the officer or employee;
and
(C) the position of the individual who is required to
supervise and direct the officer or employee.
(5) The Attorney General may not accept a service under this
subsection if the service will be used to displace any federal
employee.
(6) Except as provided in paragraph (7) of this subsection, an
officer or employee of a State or political subdivision of a State
performing functions under this subsection may not be treated as a
federal employee for any purpose other than for purposes of chapter 81
of title 5 and chapter 171 of title 28.
(7) 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.
(8) This subsection does not require--
(A) any State or political subdivision of a State to make an
agreement with the Attorney General under this subsection; and
(B) an agreement under this subsection in order for any
officer or employee of a State or subdivision--
(i) 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
(ii) to otherwise cooperate with the Attorney General
in the identification, apprehension, detention, or
removal of aliens not lawfully present in the United
States.
Sec. 327. Local jurisdiction over immigrant stations
A law enforcement official responsible for enforcing the law of a
State, territory, or possession of the United States in which an
immigrant station is located has jurisdiction over the station and may
enter the station to preserve the peace and make arrests for offenses
under the laws of the State, territory, or possession. A court of the
State, territory, or possession has jurisdiction over the immigrant
station on a matter related to the enforcement of the law of the State,
territory, or possession.
Sec. 328. Acceptance of state assistance for transporting deportable
criminal aliens
(a) Authority.--Subject to subsection (b) of this section and
notwithstanding any other provision of law, the Attorney General may
accept, hold, administer, and use gifts of property and services (but
not cash) from state and local governments to assist the Immigration
and Naturalization Service in the transportation of deportable aliens
who are arrested for misdemeanors or felonies under federal or state
law and who are unlawfully in the United States or willing to submit to
voluntary departure under safeguards. Property acquired under this
section shall be acquired in the name of the Federal Government.
(b) Limitation.--If the Attorney General decides that the exercise of
the authority under subsection (a) of this section has resulted in
discrimination by law enforcement officials on the basis of race,
color, or national origin, the Attorney General shall terminate the
exercise of that authority.
Sec. 329. Automated permit pilot projects
In consultation with the Secretary of the Treasury, the Attorney
General 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.
Sec. 330. Automated entry-exit control system
(a) System.--Not later than September 30, 1998, the Attorney General
shall develop an automated entry and exit control system that will--
(1) collect a record of departure for every alien departing
the United States and match the records of departure with the
record of the alien's arrival in the United States; and
(2) enable the Attorney General to identify, through on-line
searching procedures, lawfully admitted nonimmigrants who
remain in the United States beyond the period authorized by the
Attorney General.
(b) Use of Information on Overstays.--Information about aliens who
have remained in the United States beyond their authorized period of
stay identified through the system developed under subsection (a) of
this section shall be integrated into appropriate data bases of the
Immigration and Naturalization Service and the Department of State,
including those used at ports of entry and at consular offices.
(c) Report.--Not later than December 31 of each year following the
development of the system under subsection (a) of this section, the
Attorney General shall submit to the Committees on the Judiciary of the
House of Representatives and the Senate an annual report on the system.
The report shall include the following information:
(1) The number of departure records collected, with an
accounting by country of nationality of the departing alien.
(2) The number of departure records that were successfully
matched to records of the alien's prior arrival in the United
States, with an accounting by the alien's country of
nationality and by the alien's classification as an immigrant
or nonimmigrant.
(3) The number of aliens who arrived as nonimmigrants, or as
visitors under the visa waiver program under section 2128 of
this title, for whom no matching departure record has been
obtained through the system or through other means as of the
end of the alien's authorized period of stay, with an
accounting by the alien's country of nationality and date of
arrival in the United States.
SUBCHAPTER III--FINANCIAL ADMINISTRATION AND FEES
Sec. 341. Crediting appropriations
(a) Landing Stations.--Amounts deposited in the Treasury to reimburse
the Immigration and Naturalization Service for expenses paid by the
Service from the appropriation ``Immigration and Naturalization
Service--Salaries and Expenses'' for a landing station referred to in
section 6905(c) of this title and for detained aliens shall be credited
to that appropriation for the fiscal year in which the expenses were
incurred.
(b) Amounts Recovered After Buying Evidence.--Amounts expended from
the appropriation ``Immigration and Naturalization Service--Salaries
and Expenses'' to buy evidence and later recovered shall be credited to
that appropriation for the fiscal year in which the recovery is made.
Sec. 342. Interest on immigration bonds
(a) Earning of Interest.--The Attorney General shall deposit in the
Treasury cash received as security on an immigration bond, with the
cash to be held in trust for the obligor on the bond. The cash shall
earn interest at a rate the Secretary of the Treasury prescribes, but
the rate may not be more than 3 percent a year. Interest shall accrue
from the date of deposit through the date of withdrawal or the date of
breach of the bond, whichever is earlier. However, cash received as
security on an immigration bond and deposited by the Attorney General
in the postal savings system discontinued on April 27, 1966, shall earn
interest under this subsection from the date the cash stopped earning
interest under the system. Appropriations to the Department of the
Treasury for interest on uninvested amounts are available for payment
of the interest.
(b) Disposition of Interest.--Interest earned under this section
shall be disposed of in the same way as the principal, except that
interest earned before the date of a breach shall be paid to the
obligor on the bond.
Sec. 343. Use of appropriations for undercover investigations
(a) General.--(1) With respect to any undercover investigative
operation of the Immigration and Naturalization Service which is
necessary for the detection and prosecution of crimes against the
Federal Government--
(A) amounts 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:
(i) sections 1341 and 3324 of title 31;
(ii) the third undesignated paragraph under the
heading ``Miscellaneous'' of the Act of March 3, 1877
(40 U.S.C. 34);
(iii) section 3732(a) of the Revised Statutes (41
U.S.C. 11(a));
(iv) section 3741 of the Revised Statutes (41 U.S.C.
22);
(v) sections 304(a) and 305 of the Federal Property
and Administrative Services Act of 1949 (41 U.S.C. 254
(a), 255);
(B) amounts 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
those corporations or business entities on a commercial basis,
without regard to section 9102 of title 31;
(C) amounts appropriated for the Service, and proceeds from
the undercover operation, may be deposited in banks or other
financial institutions without regard to section 648 of title
18 and section 3302(a) of title 31; and
(D) proceeds from the undercover operation may be used to
offset necessary and reasonable expenses incurred in the
operation without regard to section 3302(b) title 31.
(2) The authority in this subsection may be exercised only on written
certification of the Commissioner of Immigration and Naturalization, in
consultation with the Deputy Attorney General, that an action
authorized by paragraph (1) of this subsection is necessary for the
conduct of the undercover operation.
(b) Disposition of Proceeds No Longer Required.--As soon as
practicable after the proceeds from an undercover investigative
operation referred to in subsection (a)(1)(C) and (D) of this section
are no longer necessary for the conduct of the operation, the proceeds
or the balance of the proceeds remaining at the time shall be deposited
in the Treasury as miscellaneous receipts.
(c) Disposition of Certain Corporations and Business Entities.--If a
corporation or business entity established or acquired as part of an
undercover operation under subsection (a)(1)(B) of this section with a
net value of more than $50,000 is to be liquidated, sold, or otherwise
disposed of, the Service, as much in advance as the Commissioner or
Commissioner's designee determines practicable, shall report the
circumstances to the Attorney General, the Director of the Office of
Management and Budget, and the Comptroller General. The proceeds of the
liquidation, sale, or other disposition, after obligations are met,
shall be deposited in the Treasury as miscellaneous receipts.
(d) Financial Audits.--The Commissioner shall conduct a detailed
financial audit of each closed undercover operations on a quarterly
basis and shall report the results of the audits in writing to the
Deputy Attorney General.
Sec. 344. Breached Bond/Detention Fund
(a) Establishment.--There is a separate account in the Treasury known
as the ``Breached Bond/Detention Fund''.
(b) Refunds.--(1) At least quarterly, the Secretary of the Treasury
shall refund amounts from the Fund to the Immigration and
Naturalization Service for--
(A) expenses incurred in collecting breached bonds; and
(B) expenses associated with the detention of illegal aliens.
(2) The amount required to be refunded for each fiscal year shall be
refunded in accordance with estimates made in the budget request of the
Attorney General for that fiscal year. However, any proposed change in
the amount designated in the budget request may be made only after
notification to the Committees on Appropriations of the House of
Representatives and the Senate under section 606 of the Departments of
Commerce, Justice, and State, the Judiciary, and Related Agencies
Appropriations Act, 1993 (Public Law 102-395, 106 Stat. 1873).
(c) Deposits.--All breached cash and surety bonds, more than
$8,000,000, posted under this title and recovered by the Attorney
General shall be deposited in the Fund as offsetting receipts.
(d) Availability of Amounts.--Amounts deposited in the Fund remain
available until expended.
(e) Reports.--The Attorney General shall submit annually to Congress
a statement on the financial condition of the Fund, including the
beginning balance, receipts, refunds to appropriations, transfers to
the general fund, and the ending balance.
Sec. 345. Immigration User Fee Account
(a) Establishment.--There is a separate account in the Treasury known
as the ``Immigration User Fee Account''.
(b) Refunds.--(1) The Secretary of the Treasury shall refund out of
the Account to any appropriation the amount paid out of that
appropriation for expenses incurred by the Attorney General in--
(A) providing immigration inspection and preinspection
services for a commercial vessel or aircraft;
(B) providing overtime, Sunday, or holiday immigration
inspection services for a commercial vessel or aircraft;
(C) administering debt recovery, including establishing and
operating a national collections office;
(D) expanding, operating, and maintaining information systems
for nonimmigrant control and debt collection;
(E) detecting fraudulent documents used by passengers
traveling to the United States, including training of, and
technical assistance to, commercial airline personnel regarding
that detection;
(F) providing detention and removal services for an
inadmissible alien--
(i) arriving on a commercial vessel or aircraft; or
(ii) attempting to enter the United States illegally
by avoiding immigration inspection at an air or sea
port of entry; and
(G) providing removal and asylum proceedings at an air or sea
port of entry for an inadmissible alien--
(i) arriving on a commercial vessel or aircraft,
including providing removal proceedings resulting from
presentation of fraudulent documentation or failure to
present documentation; or
(ii) attempting to enter the United States illegally
by avoiding immigration inspection at an air or sea
port of entry.
(2) Amounts required to be refunded under paragraph (1) of this
subsection shall be refunded at least quarterly on the basis of
estimates, made by the Attorney General, of the expenses referred to in
paragraph (1). Proper adjustments shall be made in the amounts
subsequently refunded under paragraph (1) to the extent prior estimates
were more or less than the amount required to be refunded.
(3) In each fiscal year, the Attorney General shall expend for
training and assistance described in paragraph (1)(E) of this
subsection an amount that is at least 5 percent of the total expenses
the Attorney General incurs under paragraph (1) of this subsection in
that fiscal year.
(c) Deposits.--The following shall be deposited in the Account:
(1) Fees collected under section 7308(a) of this title,
deposited as offsetting receipts.
(2) Civil penalties collected under sections 10120, 10122,
and 10123 of this title.
(3) Liquidated damages and expenses collected under this
title (except subchapter I of chapter 7, chapter 47,
subchapters II and III of chapter 131, chapters 133 and 135,
section 13702, and chapter 151).
(d) Availability of Amounts.--Amounts deposited in the Account under
subsection (c)(1) of this section remain available until expended.
(e) Reports.--(1) At the end of each 2-year period beginning with the
establishment of the Account, the Attorney General, following a public
rulemaking with notice and an opportunity for comment, shall submit a
report to Congress--
(A) describing the status of the Account, including the
balance; and
(B) recommending any change in the fee specified in section
7308(a) of this title to ensure that amounts collected from the
fee for the succeeding 2 years equal, as closely as possible,
the cost of providing the services for which the fee is
charged.
(2) In addition to the reporting requirement under paragraph (1) of
this subsection, the Attorney General shall submit to Congress not
later than March 31 of each year a statement showing--
(A) the financial condition of the Account, including the
beginning balance, revenues, withdrawals and their purpose, the
ending balance, projections for the next fiscal year, and a
complete workload analysis showing on a port-by-port basis the
current and projected need for inspectors; and
(B) the success rate of the Immigration and Naturalization
Service in meeting the 45-minute inspection standard imposed by
section 304 of this title, detailed statistics on the number of
passengers inspected within the standard, progress being made
to expand the use of United States citizen by-pass, the number
of passengers for whom the standard is not met and the length
of their delay, locational breakdown of these statistics, and
the steps being taken to correct any nonconformity.
Sec. 346. Immigration Examinations Fee Account
(a) Establishment.--There is a separate account in the Treasury known
as the ``Immigration Examinations Fee Account''.
(b) Use of Amounts.--Amounts in the Account are available to the
Attorney General to reimburse any appropriation by the amount paid from
that appropriation for expenses in--
(1) providing immigration adjudication and naturalization
services; and
(2) collecting, safeguarding, and accounting for fees
deposited in, and amounts reimbursed from, the Account.
(c) Deposits.--Immigration adjudication fees designated by the
Attorney General by regulation shall be deposited in the Account as
offsetting receipts, whether collected directly by the Attorney General
or through clerks of courts. However, fees the Attorney General
receives from applicants residing in the Virgin Islands or Guam shall
be paid to the treasury of the Virgin Islands or the treasury of Guam,
respectively.
(d) Availability of Amounts.--Amounts deposited in the Account remain
available to the Attorney General until expended.
(e) Reports.--The Attorney General shall submit annually to Congress
a statement on the financial condition of the Account, including the
beginning balance, revenues, withdrawals, the ending balance, and
projections for the next fiscal year.----
Sec. 347. Immigration Enforcement Account
(a) Establishment.--There is a separate account in the Treasury known
as the ``Immigration Enforcement Account''.
(b) Refunds.--(1) The Secretary of the Treasury shall refund out of
the Account to any appropriation the amount paid out of that
appropriation for expenses incurred by the Attorney General in--
(A) identifying, investigating, apprehending, detaining, and
removing criminal aliens;
(B) maintaining and updating a system to identify and track
criminal aliens, deportable aliens, inadmissible aliens, and
aliens illegally entering the United States; and
(C) repairing, maintaining, or constructing on the United
States border, in areas experiencing high levels of
apprehensions of illegal aliens, structures to deter illegal
entry into the United States.
(2) Amounts required to be refunded under paragraph (1) of this
subsection shall be refunded at least quarterly on the basis of
estimates, made by the Attorney General, of the expenses referred to in
paragraph (1). Proper adjustments shall be made in the amounts
subsequently refunded under paragraph (1) to the extent prior estimates
were more or less than the amount required to be refunded.
(3) Amounts required to be refunded from the Account shall be
refunded in a fiscal year on the basis of estimates made in the budget
request of the Attorney General for that fiscal year. However, any
proposed changes in the amount designated in that budget request may be
made only after notification to the Committees on Appropriations of the
House of Representatives and the Senate under section 101(a) [Sec. 605]
of the Omnibus Consolidated Rescissions and Appropriations Act of 1996
(Public Law 104-134, 110 Stat. 1321-63).
(c) Deposits.--The following shall be deposited as offsetting
receipts in the Account:
(1) amounts collected from the increase in penalties
collected resulting from the amendments made by sections 203(b)
and 543(a) of the Immigration Act of 1990 (Public Law 101-649,
104 Stat. 5018, 5057).
(2) civil penalties collected under sections 10125, 10126,
and 10127 of this title.
(d) Availability of Amounts.--Amounts deposited in the Account remain
available until expended.
(e) Reports.--The Attorney General shall submit annually to Congress
a statement on the financial condition of the Account, including the
beginning balance, revenues, withdrawals, ending balance, and
projections for the next fiscal year.
Sec. 348. Immigration Detention Account
(a) Establishment.--There is a separate account in the Treasury known
as the ``Immigration Detention Account''.
(b) Refunds.--(1) The Secretary of the Treasury shall refund out of
the Account to any appropriation the amount paid out of that
appropriation for expenses incurred by the Attorney General for the
detention of aliens under sections 6702(c) and 6715 of this title.
(2) Amounts required to be refunded under paragraph (1) of this
subsection shall be refunded at least quarterly on the basis of
estimates, made by the Attorney General, of the expenses referred to in
paragraph (1). Proper adjustments shall be made in the amounts
subsequently refunded under paragraph (1) to the extent prior estimates
were more or less than the amount required to be refunded.
(3) Amounts required to be refunded from the Account shall be
refunded in a fiscal year on the basis of estimates made in the budget
request of the Attorney General for that fiscal year. However, any
proposed changes in the amount designated in that budget request may be
made only after notification to the Committees on Appropriations of the
House of Representatives and the Senate under section 101(a) [Sec. 605]
of the Omnibus Consolidated Rescissions and Appropriations Act of 1996
(Public Law 104-134, 110 Stat. 1321-63).
(c) Deposits.--Amounts described in section 9102(d)(2) of this title
shall be deposited as offsetting receipts in the Account.
(d) Availability of Amounts.--Amounts deposited in the Account remain
available until expended.
(e) Reports.--The Attorney General shall submit annually to Congress
a statement on the financial condition of the Account, including the
beginning balance, revenues, withdrawals, ending balance, and
projections for the next fiscal year.
Sec. 349. Land border inspection fees
(a) Fee Authority.--(1) The Attorney General may establish, by
regulation, not more than 6 projects under which a fee may be charged
and collected for inspection services at land border places of entry. A
project may include commuter lanes to be made available to qualified
citizens of the United States and aliens, as the Attorney General
decides. Fees collected under this subsection shall be deposited as
offsetting receipts in the Account established under subsection (b)(1)
of this section.
(2) A project described in paragraph (1) of this subsection that was
not authorized to be committed before September 30, 1996, may be
implemented 30 days after the Attorney General submits a written plan
detailing the proposed implementation of the project.
(b) Land Border Inspection Fee Account.--(1) There is a separate
account in the Treasury known as the ``Land Border Inspection Fee
Account''.
(2) At least quarterly, the Secretary of the Treasury shall refund
out of the Account to any appropriation amounts for expenses incurred
in providing inspection services at land border places of entry,
including expenses of--
(A) providing overtime inspection services;
(B) expanding, operating, and maintaining information systems
for nonimmigrant control;
(C) employing additional permanent and temporary inspectors;
(D) minor construction costs associated with the addition of
new traffic lanes (with the concurrence of the Administrator of
General Services);
(E) detecting fraudulent documents used by passengers
traveling to the United States; and
(F) administering the Account.
(3) Amounts required to be refunded from the Account for each fiscal
year shall be refunded in accordance with estimates made in the budget
request of the Attorney General for that fiscal year. However, any
proposed change in the amount designated in the budget request may be
made only after notification to the Committees on Appropriations of the
House of Representatives and the Senate under section 606 of the
Departments of Commerce, Justice, and State, the Judiciary, and Related
Agencies Appropriations Act, 1990 (Public Law 101-162, 103 Stat. 1031).
(c) Availability of Amounts.--Amounts deposited in the Account remain
available until expended.
(d) Reports.--(1) The Attorney General shall submit annually to
Congress a statement on the financial condition of the Account,
including the beginning balance, revenues, withdrawals, the ending
balance, and projections for the next fiscal year.
(2) The Attorney General shall submit quarterly to Congress a status
report on each land border inspection project established under this
section.
(e) Expiration.--This section expires on September 30, 2000.
Sec. 350. Immigration emergency fund
(a) Establishment.--There is an immigration emergency fund in the
Treasury.
(b) Uses.--(1) Amounts in the fund may be used--
(A) to provide for an increase in border patrol or other
enforcement activities of the Immigration and Naturalization
Service;
(B) to reimburse state and local governments for providing
assistance requested by the Attorney General in meeting an
immigration emergency, but only if the President has decided
that an emergency exists and has certified the existence of the
emergency to the Committees on the Judiciary of the House of
Representatives and the Senate; and
(C) subject to paragraphs (2)-(4) of this subsection, to
reimburse state and local governments for providing assistance
required by the Attorney General, without the need for a
decision by the President that an emergency exists--
(i) when a district director of the Service certifies
to the Commissioner of Immigration and Naturalization
that the number of asylum applications filed in the
director's district during a calendar quarter is at
least 1,000 more than the number of asylum applications
filed in that district during the prior calendar
quarter;
(ii) when the lives, property, safety, or welfare of
the residents of a State or locality are endangered; or
(iii) in other circumstances that the Attorney
General decides.
(2) Providing parole at a place of entry in a district shall be
counted, under paragraph (1)(C)(i) of this subsection, as filing an
application for asylum in that district.
(3) Not more than $20,000,000 may be made available for all state and
local governments under paragraph (1)(C) of this subsection.
(4) A state or local government seeking reimbursement under paragraph
(1)(C) of this subsection must file an application with the Attorney
General. The Attorney General shall make a decision on the application
not later than 15 days after receiving the application.
(c) Regulations.--The Attorney General shall prescribe regulations to
carry out this section including a delineation of--
(1) scenarios that constitute an immigration emergency;
(2) the process by which the President declares an
immigration emergency;
(3) the role of the chief executive officer of a State and
local officials of that State in requesting a declaration of
emergency;
(4) a definition of ``assistance required by the Attorney
General'' in subsection (b)(1)(C) of this subsection;
(5) the process by which state and local governments are
reimbursed; and
(6) definitions of terms in subsection (b)(1)(C)(ii) of this
section and the term ``in other circumstances'' in subsection
(b)(1)(C)(iii).
(d) Authorization of Appropriations.--An amount may be appropriated
to the fund each fiscal year so that the balance in the fund is
$35,000,000.
SUBCHAPTER IV--INFORMATION SERVICES
Sec. 361. Information system on impact of immigration laws
(a) Establishment.--In consultation with interested academicians,
governmental authorities, and other parties, the Commissioner of
Immigration and Naturalization shall provide for a system to collect
and disseminate information not in individually identifiable form that
is useful in evaluating the social, economic, environmental, and
demographic impact of the immigration laws.
(b) Type of Information To Be Collected and Disseminated.--
Information collected under subsection (a) of this section shall
include information on--
(1) the alien population in the United States;
(2) the rates of naturalization and emigration of resident
aliens;
(3) aliens who have been admitted, paroled, or granted
asylum;
(4) nonimmigrants in the United States (by occupation, basis
for admission, and length of stay);
(5) aliens who have not been admitted or have been removed
from the United States;
(6) the number of applications filed and granted for
cancellation of removal; and
(7) the number of aliens estimated to be present unlawfully
in the United States in each fiscal year.
(c) Frequency of Collection and Dissemination and Recipients of
Information.--The system shall provide that information be collected
and disseminated at least annually to Congress and the public.
(d) Report.--The Commissioner shall submit annually to Congress a
report containing--
(1) a summary of information collected under subsection (a)
of this section;
(2) an analysis of trends in immigration and naturalization;
and
(3) information on the number, and rate of denial
administratively, of applications for naturalization, for each
district office of the Immigration and Naturalization Service
and by national origin group.
Sec. 362. Records on aliens
(a) Central File on Aliens.--For the use of security and enforcement
agencies of the Federal Government, the Commissioner of Immigration and
Naturalization shall maintain a central file on aliens that is based on
the records of the Immigration and Naturalization Service. The file
shall contain--
(1) the name of each alien admitted or denied admission to
the United States;
(2) the name of the alien's sponsor of record; and
(3) other information relevant to the enforcement of this
title that the Attorney General may require.
(b) Providing Information to the Attorney General.--(1) On request of
the Attorney General, the head of a federal department, agency, or
instrumentality shall provide the Commissioner with information in the
records of the department, agency, or instrumentality about the
identity and location of an alien in the United States.
(2) The Attorney General may require an alien to provide the alien's
social security account number for inclusion in any record of the alien
maintained by the Attorney General or the Commissioner.
Sec. 363. Information about criminal aliens
(a) Aliens Arrested for or Convicted of Aggravated Felonies.--(1) The
Attorney General shall devise and carry out a system--
(A) to make the investigative resources of the Immigration
and Naturalization Service available, daily and on a 24-hour
basis, to federal, state, and local authorities to decide
whether an individual arrested by any of those authorities for
an aggravated felony is an alien;
(B) to designate and train officers and employees of the
Service in each district to serve as liaison to federal, state,
and local law enforcement and correctional agencies and courts
in matters involving the arrest, conviction, and release of
aliens charged with aggravated felonies; and
(C) to maintain a current record, using computer resources,
showing aliens who have been convicted of aggravated felonies
and indicating those who have been removed.
(2) The record referred to in paragraph (1)(C) of this subsection
shall be made available to--
(A) inspectors at ports of entry and to border patrol agents
at sector headquarters for purposes of immediate identification
of any alien who was previously ordered removed and is seeking
to reenter the United States; and
(B) the Secretary of State for use in the Department of
State's automated visa lookout system.
(3) On request of the chief executive officer of a State, the
Commissioner of Immigration and Naturalization shall provide assistance
to state courtson the identification of aliens unlawfully present in
the United States pending criminal prosecution.
(b) Criminal Alien Tracking Center.-- (1) The Commissioner shall
operate a criminal alien identification system under subsection (a) of
this section. The system shall be used to assist federal, state, and
local law enforcement authorities in identifying and locating aliens
who may be subject to removal because they--
(A) have been convicted of aggravated felonies;
(B) are subject to prosecution under section 10148, 10153, or
10155 of this title;
(C) are not lawfully present in the United States; or
(D) are otherwise removable.
(2) The system shall allow for recording into appropriate automated
fingerprint identification systems the fingerprint records of aliens
who have been previously arrested and removed.
(3) Not more than $5,000,000 may be appropriated for each of the
fiscal years ending September 30, 1998-2001, to carry out this
subsection.
Sec. 364. Information about transporting alien females for prostitution
and debauchery
To prevent the transportation in foreign commerce of alien females
for prostitution and debauchery, and to carry out the arrangement
adopted July 25, 1902, for the suppression of white-slave traffic, the
Commissioner of Immigration and Naturalization shall--
(1) maintain a central file of information about the
procurement of alien females for prostitution and debauchery;
(2) establish the identity of the alien females, take
statements they may make, ascertain who induced them to leave
their native countries, and supervise the females; and
(3) receive statements filed under this section and section
2424 of title 18, and provide receipts to individuals filing
the statements.
Sec. 365. Communication between government entities and the Immigration
and Naturalization Service
(a) General.--A federal, state, or local governmental entity or
official may not prohibit, or in any way restrict, any governmental
entity or official from sending to, or receiving from, the Immigration
and Naturalization Service information about the citizenship or
immigration status, lawful or unlawful, of any individual.
(b) Additional Authority of Government Entities.--An individual,
person, or entity may not prohibit, or in any way restrict, a federal,
state, or local governmental entity from doing any of the following
with respect to information about the immigration status, lawful or
unlawful, of any individual:
(1) Sending that information to, or requesting or receiving
that information from, the Service.
(2) Maintaining that information.
(3) Exchanging that information with any other federal,
state, or local governmental entity.
(c) Obligation To Respond to Inquiries.--The Commissioner of
Immigration and Naturalization shall respond to an inquiry by a
federal, state, or local governmental entity, seeking to verify or
ascertain the citizenship or immigration status of any individual
within the jurisdiction of the entity for any purpose authorized by
law, by providing the requested verification or status information.
Sec. 366. Limitations on disclosure of information
(a) General.--(1) Excepted as provided in subsection (b) of this
section, the Attorney General, or any other official or employee of the
Department of Justice, may not--
(A) unless an alien has been convicted of a crime referred to
in section 6506(a), (b), (c), (d), or (f) of this title, make
an adverse determination of admissibility or deportability of
the alien under this title using information furnished solely
by--
(i) a spouse or parent who has battered the alien or
subjected the alien to extreme cruelty;
(ii) 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 the battery or cruelty;
(iii) 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); or
(iv) 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 the battery or cruelty
and the alien did not actively participate in the
battery or cruelty; or
(B) permit use by or disclosure to anyone (other than a sworn
officer or employee of the Department for legitimate Department
purposes) of any information related to an alien who is the
beneficiary of an application for relief under section
4301(a)(3), (4), (6), or (7), 4506(b)(1)(C), or 6721(c) of this
title as an alien (or the parent of a child) who has been
battered or subjected to extreme cruelty.
(2) The limitation under paragraph (1)(B) of this subsection ends
when an application for relief is denied and all opportunities for
appeal of the denial have been exhausted.
(b) Exceptions.--(1) The Attorney General may provide 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 Attorney General may provide for the disclosure of
information to law enforcement officials to be used solely for a
legitimate law enforcement purpose.
(3) Subsection (a) of this section does not prohibit disclosure of
information in connection with judicial review of a determination in a
manner that protects the confidentiality of that information.
(4) Subsection (a)(1)(B) of this section does not apply if all the
battered individuals in the case are adults and they have all waived
the restrictions of that subsection.
(5) The Attorney General may disclose information to federal, state,
and local public and private agencies providing benefits only to
determine eligibility for benefits under section 15102(b)(8) and (c) of
this title.
Sec. 367. Proof of nonexistence of records
A certification by the Attorney General, or by an officer or employee
of the Immigration and Naturalization Service designated by the
Attorney General, that a diligent search of the records of the Service
has failed to disclose a particular record is admissible in any
proceeding as evidence that the records of the Service do not contain
the record.
CHAPTER 5--DEPARTMENT OF STATE
Sec.
501. General authority of the Secretary of State.
502. Administrator.
503. Passport Office, Visa Office, and other offices.
504. Sharing information about foreign traffickers in controlled
substances.
505. Automated Visa Lookout System.
506. Surcharge for processing machine readable visas.
507. Confidentiality of records.
Sec. 501. General authority of the Secretary of State
(a) General Authority.--The Secretary of State shall carry out the
provisions of this title, and other immigration and nationality laws,
related to--
(1) duties and powers of the Administrator designated under
section 502 of this title;
(2) duties and powers of diplomatic and consular officers,
except duties and powers of consular officers related to
issuing and refusing to issue visas; and
(3) a decision about the nationality of an individual not in
the United States.
(b) Delegation.--In carrying out this title, the Secretary, with the
consent of the head of a federal department, agency, or instrumentality
may require or authorize an officer or employee of the department,
agency, or instrumentality to carry out a duty or power of an officer
or employee of the Department of State.
Sec. 502. Administrator
(a) Designation.--The Secretary shall designate an Administrator. The
Administrator must be a citizen of the United States and be qualified
by experience.
(b) Duties and Powers.--The Administrator shall--
(1) carry out duties and powers prescribed by the Secretary
of State;
(2) maintain close liaison with the appropriate committees of
Congress to advise them on the administration of this title by
consular officers; and
(3) maintain direct and continuous liaison with the
Commissioner of Immigration and Naturalization to carry out the
immigration and nationality laws in a coordinated, uniform, and
efficient way.
Sec. 503. Passport Office, Visa Office, and other offices
(a) General.--The Department of State has a Passport Office, a Visa
Office, and other offices the Secretary of State decides are
appropriate. The head of each office is a director. The Directors of
the Passport Office and the Visa Office must be experienced in carrying
out the immigration and nationality laws.
(b) Functions.--The Passport Office carries out laws related to
issuing passports. The Visa Office carries out immigration laws related
to issuing visas.
(c) General Counsel of Visa Office.--The Visa Office has a General
Counsel appointed by the Secretary. The General Counsel serves under
the general direction of the Legal Adviser of the Department. The
General Counsel may maintain liaison with the appropriate officers of
the Immigration and Naturalization Service to achieve a uniform
interpretation of this title.
Sec. 504. Sharing information about foreign traffickers in controlled
substances
To ensure that foreign traffickers in controlled substances are
denied visas to enter the United States (as required by section
6309(a)(3) of this title)--
(1) the Secretary of State shall cooperate with United States
law enforcement agencies, including the Drug Enforcement
Administration and the Customs Service, in establishing a
comprehensive information system on all drug arrests of foreign
nationals in the United States so that the information can be
communicated to the appropriate United States embassies; and
(2) the National Drug Enforcement Policy Board shall agree on
uniform guidelines that would permit the sharing of information
of foreign traffickers in controlled substances.
Sec. 505. Automated Visa Lookout System
(a) Inclusion of Names.--(1) Except as provided in paragraph (2) of
this subsection, the Secretary of State may not include in the
Automated Visa Lookout System, or in any other system or list that
maintains information about the inadmissibility of aliens under this
title, the name of an alien who is not inadmissible under this title.
(2) The Secretary may add to or retain in such a system or list the
name of an alien who is not inadmissible only if included for otherwise
authorized law enforcement purposes or other lawful purposes of the
Department of State. A name included for other lawful purposes under
this paragraph shall include a notation clearly and distinctly
indicating that the individual is not presently inadmissible. The
Secretary shall establish procedures to ensure that a visa is not
denied to the individual for any reason not provided in this title.
(3) The Secretary shall publish in the Federal Register regulations
on the maintenance and use by the Department of systems and lists for
purposes described in paragraph (2) of this subsection.
(4) This subsection does not create new authority or expand existing
authority for any activity not otherwise authorized by law.
(b) Required Check Before Issuing Visas.--(1) Beginning May 1, 1996,
when a consular officer issues a visa, the officer shall certify, in
writing, that a check of the Automated Visa Lookout System, or any
other system or list that maintains information about the
inadmissibility of aliens under this title, has been made and that
there is no basis under the system for excluding the alien.
(2) If, at the time an alien applies for a visa, the alien's name is
included in the Department's visa lookout system and the consular
officer to whom the application is made fails to follow the procedures
in processing the application required by inclusion of the alien's name
in the system, the officer's failure shall be made a matter of record
and shall be considered as a serious negative factor in the officer's
annual performance evaluation.
(3) If an alien to whom a visa was issued as a result of a failure
described in paragraph (2) of this subsection is admitted to the United
States and there subsequently is probable cause to believe that the
alien was a participant in a terrorist act causing serious injury, loss
of life, or significant destruction of property in the United States,
the Secretary shall convene an Accountability Review Board under title
III of the Omnibus Diplomatic Security and Antiterrorism Act of 1986
(22 U.S.C. 4831 et seq.).
(c) Upgrade to System.--Not later than October 30, 1995, the
Secretary shall upgrade all overseas visa lookout operations to
computerized systems with automated multiple-name search capabilities.
Sec. 506. Surcharge for processing machine readable visas
(a) General Authority.--Notwithstanding any other law, the Secretary
of State may charge a fee or surcharge for processing machine readable
nonimmigrant visas and machine readable combined border crossing
identification cards and nonimmigrant visas.
(b) Deposit of Amounts Collected.--Fees and surcharges collected
under subsection (a) of this section shall be deposited as an
offsetting collection to any Department of State appropriation, to
recover the costs of providing consular services. The amounts collected
remain available for obligation until expended.
(c) Limitation.--For the fiscal year ending September 30, 1997, fees
and surcharges deposited under subsection (b) of this section may not
exceed a total of $150,000,000. For subsequent fiscal years, fees and
surcharges may be collected under subsection (a) of this section only
in amounts provided in subsequent authorization laws.
(d) Nonapplicability of Certain Law.--Sections 1726-1728 of the
Revised Statutes (22 U.S.C. 4212-4214) do not apply to fees and
surcharges collected under this section.
(e) Signatories of North American Free Trade Agreement.--The
Secretary may not charge a fee or surcharge under this section to a
citizen of a country that is a signatory, as of April 30, 1994, to the
North American Free Trade Agreement, unless the Secretary finds that
the country charges a visa application or issuance fee to citizens of
the United States.
Sec. 507. Confidentiality of records
A record of the Department of State or of a diplomatic or consular
office related to issuing or refusing to issue a visa or permit to
enter the United States is confidential. The record may be used only in
developing, amending, or carrying out a law of the United States.
However, the Secretary of State may provide a certified copy of the
record to a court if the court certifies that it needs the record in
the interest of justice in a case pending before the court.
CHAPTER 7--PASSPORTS AND TRAVEL REQUIREMENTS
SUBCHAPTER I--PASSPORTS
Sec.
701. Individuals eligible for passports.
702. Issuing and verifying passports.
703. Validity and use.
704. Passport fees.
705. Limitation on acquiring paper for passports.
SUBCHAPTER II--TRAVEL REQUIREMENTS
711. Travel document requirements.
712. Certain rights to enter or leave unaffected.
713. Records about residents permanently leaving the United States.
714. Travel restrictions on citizens of foreign countries.
SUBCHAPTER I--PASSPORTS
Sec. 701. Individuals eligible for passports
(a) Nationals of the United States.--A passport may be issued only
to, or verified only for, a national of the United States.
(b) Applications.--An individual may be issued a passport only if the
individual submits a signed application containing all information
required by law and regulations. If the individual previously has not
been issued a United States passport, the application must be executed
under oath before an individual authorized by the Secretary of State to
administer oaths.
Sec. 702. Issuing and verifying passports
(a) Individuals Authorized To Issue and Verify.--Under regulations
prescribed by the President, the Secretary of State may--
(1) issue and verify passports; and
(2) authorize only the following to issue and verify
passports:
(A) the chief executive officer of a territory or
possession of the United States.
(B) in a foreign country, diplomatic and consular
officers of the United States and other officers and
employees of the Department of State who are citizens
of the United States.
(b) Reports.--As required by the Secretary, an individual issuing or
verifying a passport shall report to the Secretary--
(1) the issuing or verifying of the passport; and
(2) the information contained in the passport.
Sec. 703. Validity and use
(a) Period of Validity.--A passport is valid for 10 years from the
date it is issued. However, the Secretary of State may limit the
validity of a passport to a shorter period in an individual case or on
a general basis by regulation.
(b) Restrictions on Travel or Use.--(1) Except as provided in
paragraph (2) of this subsection or any other law, a passport may not
be designated as restricted for travel to, or use in, any country.
(2) A passport may be designated as restricted for travel to, or use
in, a country--
(A) with which the United States is at war;
(B) in which armed hostilities are in progress; or
(C) in which there is imminent danger to the public health or
physical safety of United States travelers.
Sec. 704. Passport fees
(a) Establishing Fees.--The Secretary of State shall prescribe by
regulation the fee for a passport and the fee for executing a passport
application. However, the following individuals are exempt from paying
the passport fee and, when executing the application before an officer
or employee of the Federal Government, from paying the execution fee:
(1) An officer or employee of the Government going outside
the United States on official business, and a member of the
immediate family of the officer or employee.
(2) A sailor needing a passport for service on a vessel of
the United States.
(3) A widow, child, parent, brother, or sister of a deceased
member of the armed forces of the United States going outside
the United States to visit the member's grave.
(b) Collection and Retention of Application Fees.--The Secretary by
regulation may authorize an official of a State or the United States
Postal Service to collect and retain the fee for each passport
application executed before the official or the Service.
(c) Deposits in the Treasury.--(1) Except for fees retained or
transferred under subsection (b) of this section, fees collected under
this section shall be deposited in the Treasury.
(2) Notwithstanding any other law and to the extent provided in an
appropriation law, not more than $5,000,000 in passport fees collected
by the Secretary may be credited each fiscal year to a Department of
State account. Amounts credited to the account are available only for
costs associated with acquiring and producing machine-readable United
States passports and visas and compatible reading equipment. Amounts
credited under this paragraph remain available until expended.
(3) Fees collected for expedited passport processing shall be
deposited in the Administration of Foreign Affairs Account as
offsetting receipts and are available until expended.
(d) Refunds.--(1) The Secretary may refund a passport fee--
(A) paid by an individual exempt from payment under
subsection (a) of this section; or
(B) paid to an officer or employee of the Government by an
individual issued a passport who is refused a visa in the
United States by the appropriate officer of a government of a
foreign country if the individual within 6 months from the date
the passport is issued makes a written request and returns the
unused passport.
(2) Amounts are appropriated to the Secretary to make refunds under
paragraph (1)(B) of this subsection.
Sec. 705. Limitation on acquiring paper for passports
Amounts may not be used to acquire paper for passports if--
(1) the paper is manufactured outside the United States and
the territories and possessions of the United States or would
be acquired from an entity owned or controlled by a person that
is not a citizen of the United States; and
(2) a domestic manufacturer for paper for passports exists.
SUBCHAPTER II--TRAVEL REQUIREMENTS
Sec. 711. Travel document requirements
(a) Definitions.--In this section--
(1) ``permit'' means a passport, visa, reentry permit, or
other document used to enter or leave the United States.
(2) ``person'', in addition to its meaning under section 1 of
title 1, includes a governmental entity.
(3) ``United States'' includes all territory and waters
subject to the jurisdiction of the United States.
(b) Entering or Leaving the United States.--(1) Subject to conditions
and exceptions prescribed by the President, a citizen of the United
States may enter or leave, or attempt to enter or leave, the United
States only if the citizen is in possession of a valid United States
passport.
(2) An alien may enter or leave, or attempt to enter or leave, the
United States only under regulations prescribed or orders issued by the
President.
(c) Other Restrictions.--Unless otherwise ordered by the President, a
person may not--
(1) transport or attempt to transport an individual into or
out of the United States if the person has reason to believe
that the entry or departure is prohibited by this section;
(2) knowingly make a false statement in an application for a
permit with the intent to have the permit issued for any
individual;
(3) knowingly give, attempt to give, or assist in giving an
individual a permit not intended for the individual;
(4) knowingly use or attempt to use a permit not issued or
intended for that person;
(5) forge, change, or mutilate a permit, or have a permit
forged, changed, or mutilated; or
(6) knowingly use, attempt to use, or give to another for
use, a permit that is forged, changed, mutilated, or invalid.
(d) Aliens Otherwise Inadmissible.--This title does not entitle an
alien to be admitted to the United States if the alien is issued a
permit but otherwise is inadmissible.
(e) Revocation of Regulation or Order.--Revocation of a regulation
prescribed or order issued under this section does not prevent
prosecution, or imposition of penalties, for violation of the
regulation or order before it was revoked.
Sec. 712. Certain rights to enter or leave unaffected
This title does not affect the rights of the following individuals to
enter or leave the United States:
(1) an American Indian born in Canada who is at least 50
percent of American Indian descent.
(2) an alien member of the armed forces of the United States
entering or leaving the United States under orders or with
permission when the member is in uniform or carrying
identification as a member of the armed forces.
Sec. 713. Records about residents permanently leaving the United States
The Attorney General may authorize an immigration officer to record
the following information about a resident of the United States leaving
the United States through Canada or Mexico for permanent residence in a
foreign country:
(1) Name.
(2) Race, age, and sex.
(3) Country of birth.
(4) Marital status.
(5) Occupation.
(6) Whether the resident can read or write.
(7) Nationality.
(8) Country of which the resident is a citizen or subject.
(9) Last permanent residence in the United States.
(10) Intended future permanent residence.
(11) Time and port of last entry into the United States.
(12) If the resident claims to be a national of the United
States, facts on which the claim is based.
Sec. 714. Travel restrictions on citizens of foreign countries
(a) General Policy.--(1) To carry out the general principles of the
Final Act of the Conference on Security and Cooperation in Europe
emphasizing the lowering of international barriers to the free movement
of people and ideas and in accordance with the Vienna Convention on
Diplomatic Relations establishing the legal principles of
nondiscrimination and reciprocity, it is the general policy of the
United States to impose restrictions on travel within the United States
by citizens of a foreign country only when the government of that
foreign country imposes restrictions on travel by citizens of the
United States within that country.
(2) This subsection does not limit a restriction on travel within the
United States that the Federal Government, on a reciprocal basis,
imposes on an official of a government of a foreign country.
(b) Conveyance of Policy and Elimination of Restrictions.--The
Secretary of State shall--
(1) ensure that the policy of subsection (a) of this section
is conveyed clearly to the government of a foreign country
imposing travel restrictions on citizens of the United States;
and
(2) seek the elimination, on a mutual and reciprocal basis,
of travel restrictions imposed by that government and by the
Federal Government on each other's citizens.
CHAPTER 9--GENERAL MISCELLANEOUS
Sec.
901. Liaison with internal security officers.
902. Disposition of receipts.
903. Setting immigration adjudication and naturalization fees.
904. Information on female genital mutilation.
905. Certain treaties unaffected.
906. Rules of construction related to organizations.
907. Construction of certain amendments.
908. Information related to certain social security account numbers.
909. Triennial immigration-impact report.
Sec. 901. Liaison with internal security officers
To exchange information for use in enforcing this title in the
interest of the internal security of the United States, the
Commissioner of Immigration and Naturalization and the Administrator
designated under section 502 of this title may maintain direct and
continuous liaison with the Directors of the Federal Bureau of
Investigation and Central Intelligence and with other internal security
officers of the Federal Government.
Sec. 902. Disposition of receipts
Except as otherwise provided in this title, an amount received in
payment of a fee or administrative penalty shall be deposited in the
Treasury as miscellaneous receipts. However, a fee received from an
applicant residing in the Virgin Islands or Guam and paid under section
2126 of this title shall be paid to the treasury of the Virgin Islands
or the treasury of Guam, respectively.
Sec. 903. Setting immigration adjudication and naturalization fees
Fees for providing immigration adjudication and naturalization
services may be set at a level that will ensure recovery of--
(1) the costs of providing those services;
(2) the costs of providing similar services without charge to
asylum applicants or other immigrants; and
(3) any additional costs associated with the administration
of the fees collected.
Sec. 904. Information on female genital mutilation
(a) Definition.--In this section, ``female genital mutilation'' means
the removal or infibulation, or both, of the whole or part of the
clitoris, the labia minora, or the labia majora.
(b) Information Provided.--In cooperation with the Secretary of
State, the Commissioner of Immigration and Naturalization shall make
available to each alien who is issued an immigrant or nonimmigrant
visa, before 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,
compiled and presented in a manner which is limited to the
practice itself and respectful to the cultural values of the
societies in which the practice takes place.
(2) information about potential legal consequences in the
United States under criminal or child protection laws or as a
form of child abuse for--
(A) performing female genital mutilation; or
(B) allowing a child under his or her care to be
subjected to female genital mutilation.
(c) Limitation.--In consultation with the Secretary, the Commissioner
shall identify those countries in which female genital mutilation is
commonly practiced and, to the extent practicable, limit the provision
of information under subsection (b) of this section to aliens from
those countries.
Sec. 905. Certain treaties unaffected
Except as provided in section 20702(c) of this title, this title does
not affect a treaty ratified by the Senate before December 25, 1952.
Sec. 906. Rules of construction related to organizations
(a) Acts Constituting Affiliation.--In this title, the giving,
lending, or promising of support, money, or any other thing of value
for any purpose to an organization is presumed to constitute
affiliation with the organization.
(b) Organizations Advocating Overthrow of Federal Government.--This
title may not be construed as declaring that any organization referred
to in this title does not advocate the overthrow of the Federal
Government by unconstitutional means.
Sec. 907. Construction of certain amendments
The amendments made by the Immigration and Nationality Technical
Corrections Act of 1994 (Public Law 103-416, 108 Stat. 4305) do not
create any substantive or procedural right or benefit that is legally
enforceable by any party against the Federal Government or a
department, agency, instrumentality, or officer of the Government or
any other person.
Sec. 908. Information related to certain social security account
numbers
(a) Reports.--Not later than 3 months after the end of each fiscal
year, 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 for which earnings in
that fiscal year were reported to the Social Security Administration.
(b) Information Provided to Attorney General.--If earnings are
reported to the Administration on a social security account number
issued to an alien not authorized to work in the United States, the
Commissioner shall provide the Attorney General with the following
information in an electronic form agreed on by the Commissioner and the
Attorney General:
(1) The name and address of the alien.
(2) The name and address of the person reporting the
earnings.
(3) The amount of the earnings.
Sec. 909. Triennial immigration-impact report
(a) Reporting Requirement.--The President shall submit a
comprehensive immigration-impact report to Congress not later than
January 1, 1998, and not later than January 1 of each 3d year
thereafter.
(b) Content.--Each report shall include--
(1) the number and classification of aliens admitted and to
be admitted (whether as immediate relatives, special
immigrants, refugees, preference immigrants, or nonimmigrants),
paroled and to be paroled, and granted and to be granted asylum
during the periods specified in subsection (c) of this section;
(2) a reasonable estimate of the number of aliens who entered
and will enter the United States during those periods without
visas or who became or will become deportable during those
periods under chapter 65 of this title; and
(3) a description of the impact of--
(A) admissions and other entries of immigrants,
refugees, asylees, and parolees into the United States
during those periods on the economy, labor and housing
markets, educational system, social services, foreign
policy, environmental quality and resources, and rate,
size, and distribution of population growth in the
United States; and
(B) high rates of immigration resettlement on state
and local governments.
(c) History and Projections.--In each report, the information
referred to in subsection (b) of this section shall be--
(1) described for the prior 3-year period; and
(2) projected for the next 5-year period, based on reasonable
estimates substantiated by the best available evidence.
(d) Recommendations.--The President also may include recommendations
on changes in numerical limitations or other policies under subtitles
II and III of this title affecting the admission and entry of aliens
into the United States.
SUBTITLE II--ALIENS
PART A--NONIMMIGRANTS
Chapter Sec.
ADMISSION AND DOCUMENTATION.........................................2101
CLASSIFICATIONS.....................................................2301
TEMPORARY AGRICULTURAL WORKERS......................................2501
ALIEN CREWMEMBERS...................................................2701
FACILITIES EMPLOYING REGISTERED NURSES..............................2901
PART B--IMMIGRANTS
NUMERICAL LIMITATIONS...............................................4101
PETITIONS AND DOCUMENTATION.........................................4301
CONDITIONAL PERMANENT RESIDENT STATUS...............................4501
ALIENS BORN IN VIETNAM AND FATHERED BY CITIZENS OF THE UNITED STATES4701
MISCELLANEOUS.......................................................4901
PART C--REFUGEES
ADMISSIONS..........................................................5101
PART D--ADMISSION AND REMOVAL
INSPECTION AND ADMISSION............................................6101
INADMISSIBILITY.....................................................6301
DEPORTABILITY.......................................................6501
REMOVAL PROCEDURE...................................................6701
ALIEN TERRORIST REMOVAL PROCEDURES..................................6901
TEMPORARY PROTECTED STATUS..........................................7101
ADDITIONAL REGULATION OF PERSONS PROVIDING TRANSPORTATION...........7301
PART E--ADDITIONAL REQUIREMENTS AND LIMITATIONS
REGISTRATION AND FINGERPRINTING.....................................8101
MISCELLANEOUS.......................................................8301
PART F--ADJUSTMENT AND CHANGE OF STATUS
ADJUSTMENT AND CHANGE OF STATUS.....................................9101
ADJUSTMENT OF STATUS FOR CERTAIN ALIENS WHO ENTERED THE UNITED STATES
BEFORE 1982.........................................................9301
PART G--PENALTIES
PENALTIES..........................................................10101
PART A--NONIMMIGRANTS
CHAPTER 21--ADMISSION AND DOCUMENTATION
SUBCHAPTER I--ADMISSION
Sec.
2101. Admission.
2102. Presumption.
2103. Application of certain provisions to diplomats.
SUBCHAPTER II--DOCUMENTATION
2121. Documentation requirements.
2122. Applications for nonimmigrant visas and registration.
2123. Issuing nonimmigrant visas and other documentation.
2124. Period of validity and revocation.
2125. Readmission after overstay of nonimmigrant visa.
2126. Fees.
2127. Burden of proof.
2128. Visa waiver pilot program.
SUBCHAPTER I--ADMISSION
Sec. 2101. Admission
Except as otherwise provided, an alien may be admitted to the United
States as a nonimmigrant for the time and under conditions the Attorney
General prescribes by regulation. The Attorney General may require the
alien to file a bond, in the amount and containing conditions the
Attorney General prescribes, to ensure that the alien will leave the
United States when--
(1) the time for which the alien is admitted expires; or
(2) the alien does not maintain the nonimmigrant status under
which the alien was admitted or which the alien acquired under
section 9108 of this title.
Sec. 2102. Presumption
An alien (except an alien described in section 2313, 2317, or 2325 of
this title) is presumed to be an immigrant until the alien satisfies
the consular officer, at the time of application for a visa, and the
immigration officer, at the time of application for admission, that the
alien is entitled to nonimmigrant status.
Sec. 2103. Application of certain provisions to diplomats
Except as otherwise provided in this title, the provisions of this
title related to ineligibility for a visa and removal of an alien do
not apply to a nonimmigrant described in--
(1) section 2301(1) of this title, except that the
nonimmigrant is subject--
(A) to the provisions requiring a passport and visa
for identification and proof of qualification for the
nonimmigrant classification under that section; and
(B) under regulations prescribed by the President, to
section 6310(a)-(c) of this title; or
(2) section 2301(2) or 2302(1)-(5) of this title, except that
the nonimmigrant is subject to--
(A) the provisions requiring a passport and visa for
identification and proof of qualification for the
nonimmigrant classification under one of those
sections; and
(B) section 6310(a)-(c) of this title.
SUBCHAPTER II--DOCUMENTATION
Sec. 2121. Documentation requirements
(a) General.--Except as provided in this section and section 2128 of
this title, an alien classified as a nonimmigrant under subchapter I of
chapter 23 of this title may be admitted to the United States only if,
when applying for admission, the nonimmigrant is in possession of--
(1) a passport that--
(A) is valid for at least 6 months after the last day
of the alien's initial period of admission or
contemplated initial period of admission; and
(B) authorizes the alien during those 6 months to
return to the foreign country from which the alien came
or to enter another foreign country; and
(2) a nonimmigrant visa or border crossing identification
card at the time of applying for admission.
(b) Border Crossing Identification Card.--The regulations referred to
in section 107 of this title shall provide that--
(1) each border crossing identification card issued after
March 30, 1998, include a biometric identifier, such as the
fingerprint or handprint of the alien, that is machine
readable; and
(2) an alien presenting a border crossing identification card
after September 29, 1999, may not be permitted to cross over
the border into the United States unless the biometric
identifier contained on the card matches the appropriate
biometric characteristic of the alien.
(c) General Waivers.--The Attorney General and the Secretary of State
jointly may waive a requirement of subsection (a) of this section--
(1) in an individual case because of an unforeseen emergency;
(2) on a reciprocal basis, for nationals of foreign
contiguous territory or of adjacent islands and for residents
of that territory or islands who have a common nationality with
those nationals; or
(3) for an alien proceeding in immediate and continuous
transit through the United States on a carrier operating under
a contract authorized by section 7306(b)(1)(B) of this title.
(d) Waivers for Visitors to Guam.--(1) The Attorney General, the
Secretary of State, and the Secretary of the Interior jointly may waive
subsection (a) of this section for an alien applying for admission as a
nonimmigrant visitor classified under section 2303 of this title, but
only for entry into and stay on Guam for not more than 15 days, if they
jointly decide, after consulting with the Governor of Guam, that--
(A) an adequate arrival and departure control system has been
developed on Guam; and
(B) the waiver does not represent a threat to the welfare,
safety, or security of the United States or its territories or
possessions.
(2) An alien may be granted a waiver under this subsection only if
the alien waives any right--
(A) to a review or appeal under this title of an immigration
officer's decision on the admissibility of the alien at the
port of entry into Guam; or
(B) to contest (except on the basis of an application for
asylum) an action for removal of the alien.
(3) An alien admitted to Guam without a visa under this subsection
may not--
(A) stay in Guam for more than 15 days after the date of
admission to Guam; or
(B) enter or stay in the United States under that admission,
except in Guam.
(4) If adequate appropriated amounts to carry out this subsection are
not available, the Attorney General may accept amounts tendered by the
government of Guam to cover any part of the cost of carrying out this
subsection.
Sec. 2122. Applications for nonimmigrant visas and registration
(a) Application Requirements.--(1) An alien applying for a
nonimmigrant visa must apply in the way prescribed by regulation. The
application must contain the following information about the alien:
(A) the complete true name of the alien.
(B) the date and place of birth.
(C) nationality.
(D) marital status.
(E) the purpose in going to the United States.
(F) the period of intended stay in the United States.
(G) additional information prescribed by regulation that is
necessary--
(i) to identify the alien;
(ii) to determine eligibility of the alien for a
nonimmigrant visa; and
(iii) to enforce the immigration and nationality
laws.
(2) At the discretion of the Secretary of State, application forms
for the various classes of nonimmigrant admissions described in
subchapter I of chapter 23 of this title may vary according to the
class of visa being requested.
(b) Additional Requirements.--An alien applying for a nonimmigrant
visa must--
(1) register if required by chapter 81 of this title when
applying for the visa;
(2) take a physical or mental examination, or both, if
required by the consular officer to decide whether the alien
may receive a visa; and
(3) provide the consular officer, with the application, a
certified copy of any documentation about the alien that may be
required by regulation.
(c) Statement About No Entitlement To Enter the United States.--An
application for a nonimmigrant visa shall inform the applicant that a
visa or other documentation issued to an alien does not entitle the
alien to enter the United States if, on arrival at a port of entry, the
alien is found to be inadmissible.
(d) Disposition of Applications.--An application for a nonimmigrant
visa or other documentation as a nonimmigrant shall be disposed of as
prescribed by regulation.
Sec. 2123. Issuing nonimmigrant visas and other documentation
(a) General.--Except as provided in subsection (b) of this section, a
consular officer may issue a nonimmigrant visa to an eligible
nonimmigrant who has made a proper application for the visa.
(b) Prohibitions.--(1) A consular officer may not issue a
nonimmigrant visa or other documentation to an alien if--
(A) the alien's application does not comply with this title
or regulations prescribed under this title; or
(B) the consular officer has reason to believe the alien is
ineligible for the visa or other documentation under subchapter
I of chapter 63 of this title or any other provision of law.
(2) Notwithstanding paragraph (1)(B) of this subsection, a consular
officer may issue a nonimmigrant visa or other documentation to--
(A) an alien to whom section 6306(a)-(c) of this title
applies if--
(i) the alien otherwise may receive the visa or other
documentation; and
(ii) the consular officer receives notice from the
Attorney General that a bond approved by the Attorney
General has been filed under section 6306(d) of this
title; or
(B) an alien applying as a nonimmigrant classified under
section 2303 or 2310 of this title if the alien otherwise may
receive the visa or other documentation, and the consular
officer receives notice from the Attorney General of the filing
of a bond, in the amount and containing conditions the consular
officer prescribes, to ensure that the alien will leave the
United States when--
(i) the time for which the alien is admitted expires;
or
(ii) the alien does not maintain the nonimmigrant
status under which the alien was admitted or which the
alien acquired under section 9108 of this title.
(c) Form and Content of Visas.--Except as otherwise prescribed by
regulation, the issuance of a nonimmigrant visa shall be shown by a
stamp placed in the alien's passport. The visa shall specify--
(1) the alien's nonimmigrant classification under subchapter
I of chapter 23 of this title;
(2) the period during which the visa is valid; and
(3) additional information that may be required.
Sec. 2124. Period of validity and revocation
(a) Period of Validity.--A nonimmigrant visa is valid for the period
prescribed by regulation. In prescribing the period of validity, the
Secretary of State, to the extent practicable, shall treat nationals of
a foreign country the same as the government of that country treats
nationals of the United States within a similar class. However, in the
case of an alien who is a national of a foreign country and who either
is granted refugee status and firmly resettled in another foreign
country or is granted permanent residence and residing in another
foreign country, the Secretary may prescribe the period of validity of
a nonimmigrant visa based on the treatment granted by the government of
that other foreign country to alien refugees and permanent residents,
respectively, in the United States.
(b) Revocation.--A consular officer or the Secretary may revoke a
visa or other documentation issued to a nonimmigrant. A revocation
invalidates the visa or documentation from the date the visa or
documentation was issued. The Attorney General shall be notified of
each revocation.
Sec. 2125. Readmission after overstay of nonimmigrant visa
(a) Requirement for Readmission.--(1) When an alien who has been
admitted on the basis of a nonimmigrant visa issued at any time remains
in the United States beyond the period of stay authorized by the
Attorney General, that visa is void beginning after the conclusion of
that period of stay.
(2) An alien described in paragraph (1) of this subsection is
ineligible to be readmitted to the United States as a nonimmigrant,
except--
(A) on the basis of a visa (other than the visa described in
paragraph (1) of this subsection) issued in a consular office
located in the country of the alien's nationality or, if there
is no office in that country, in another consular office the
Secretary of State specifies; or
(B) where the Secretary finds that extraordinary
circumstances exist.
(b) Applicability.--Subsection (a)(2) of this section applies to any
alien applying for readmission to the United States after September 30,
1996, except an alien applying for readmission on the basis of a visa
that--
(1) was issued before September 30, 1996; and
(2) is not void through the application of subsection (a)(1)
of this section.
Sec. 2126. Fees
The Secretary of State shall prescribe fees for providing and
verifying a nonimmigrant visa application for, and issuing a
nonimmigrant visa to, a nonimmigrant of each foreign country. If
practicable, the total amount of the fees shall correspond to the total
of all visa, entry, residence, or similar fees the country imposes on
nationals of the United States. A nonimmigrant visa issued to an alien
described in section 11 of the Agreement Between the United Nations and
the United States of America Regarding the Headquarters of the United
Nations (61 Stat. 761) and in transit to or from the headquarters
district of the United Nations shall be issued without charge.
Sec. 2127. Burden of proof
(a) Eligibility for Visa or Documentation.--An individual applying
for a nonimmigrant visa or other documentation required for entering
the United States as a nonimmigrant has the burden of proving that the
individual is eligible for the visa or documentation. A consular
officer may issue the visa or documentation only if satisfied that the
individual is eligible for the visa or documentation.
(b) Status.--An alien claiming to be a nonimmigrant has the burden of
proving that the alien is entitled to nonimmigrant status.
Sec. 2128. Visa waiver pilot program
(a) Establishment of Program.--The Attorney General and the Secretary
of State may maintain a pilot program for the fiscal years ending
September 30, 1989-1997, under which the Attorney General, in
consultation with the Secretary, may waive section 2121(a)(2) of this
title for an alien eligible for a waiver under subsection (e) of this
section.
(b) Designation of Pilot Program Countries.--(1) The Attorney
General, in consultation with the Secretary, may designate any foreign
country as a pilot program country if the government of that country
extends (or agrees to extend) reciprocal privileges to nationals of the
United States and meets the requirements of paragraph (2) of this
subsection. A designation is only for a fiscal year.
(2) Except as provided in subsection (c) of this section, a country
may be designated as a pilot program country only if--
(A) the average number of refusals of nonimmigrant visitor
visas for nationals of that country during the prior 2 fiscal
years was less than 2 percent of the number of nonimmigrant
visitor visas for nationals of that country that were issued or
refused during those years;
(B) the average number of refusals of nonimmigrant visitor
visas for nationals of that country during either of those 2
years was less than 2.5 percent of the number of nonimmigrant
visitor visas for nationals of that country that were issued or
refused during that year;
(C) the government of that country certifies that it has or
is developing a program to issue machine-readable passports to
citizens of that country; and
(D) the Attorney General decides that the law enforcement
interests of the United States would not be compromised by the
designation of that country.
(c) Probationary Status and Termination of Designation.--(1) In this
subsection, ``disqualification rate'' means the percentage which--
(A) the total number of nationals of the pilot program
country who--
(i) were denied admission at the time of arrival or
withdrew their application for admission during the
most recent fiscal year for which data is available;
and
(ii) admitted as nonimmigrant visitors during that
fiscal year and who violated the terms of that
admission; bears to
(B) the total number of nationals of that country who applied
for admission as nonimmigrant visitors during that fiscal year.
(2)(A) On determination by the Attorney General that a pilot program
country's disqualification rate is 2 percent or more, the Attorney
General shall notify the Secretary.
(B) If the program country's disqualification rate is--
(i) more than 2 percent but less than 3.5 percent, the
Attorney General shall place the program country in
probationary status for a period of not more than 2 full fiscal
years following the year in which the Attorney General makes
the determination under subparagraph (A) of this paragraph; or
(ii) at least 3.5 percent and the total number of nationals
of the program country described in paragraph (1)(A) of this
subsection is more than 100, the Attorney General shall
terminate the country's designation as a pilot program country
effective on the first day of the 2d fiscal year following the
fiscal year in which the Attorney General makes the
determination under subparagraph (A) of this paragraph.
(3)(A) If the Attorney General determines at the end of the
probationary period described in paragraph (2)(B)(i) of this subsection
that the program country placed in probationary status under that
paragraph has failed to develop a machine-readable passport program as
required by subsection (b)(2)(C) of this section, or has a
disqualification rate of at least 2 percent, the Attorney General shall
terminate the designation of the country as a pilot program country. A
termination under this paragraph is effective on the first day of the
first fiscal year following the fiscal year in which the Attorney
General makes the determination under paragraph (2)(A) of this
subsection.
(B) A national of a program country whose designation as a pilot
program country is terminated under this paragraph remains eligible for
a waiver under subsection (a) of this section until the effective date
of the termination.
(4) If the Attorney General determines at the end of the probationary
period described in paragraph (2)(B)(i) of this subsection that the
program country placed in probationary status under that paragraph has
developed a machine-readable passport program and has a
disqualification rate of less than 2 percent, the Attorney General
shall redesignate the country as a pilot program country.
(5) A country designated as a pilot program country with probationary
status under section 217(g) of the Immigration and Nationality Act, as
in effect on September 29, 1996, shall be considered a pilot program
country on September 30, 1996, subject to placement in probationary
status or termination of that designation under this subsection.
(d) Continuation of Pilot Program Country Status.--A country that was
a pilot program country in the prior fiscal year may be designated as a
pilot program country in a subsequent fiscal year of the program only
if the total number of nationals referred to in clauses (1) and (2) of
this subsection is less than 2 percent of the number of nationals of
that country who applied for admission as nonimmigrant visitors during
that prior fiscal year:
(1) the number of nationals of that country who were denied
admission at the time of arrival or who withdrew their
application for admission during that prior fiscal year as
nonimmigrant visitors.
(2) the number of nationals of that country who were admitted
as nonimmigrant visitors during that prior fiscal year and who
violated a condition of that admission.
(e) Eligible Aliens.--An alien is eligible for a waiver under the
program if the alien--
(1) is applying to be admitted not later than September 30,
1997, as a nonimmigrant visitor under section 2303 of this
title for not more than 90 days;
(2) is a national of, and presents a passport issued by, a
foreign country designated as a pilot program country under
subsection (b) of this section;
(3) before admission, completes an immigration form
prescribed by the Attorney General;
(4) before being provided a waiver under the program, waives
any right--
(A) to a review or appeal under this title of an
immigration officer's decision on the admissibility of
the alien at the port of entry into the United States;
or
(B) to contest (except on the basis of an application
for asylum) an action for removal of the alien;
(5) when arriving by air or sea, arrives at the port of entry
into the United States on a carrier that has an agreement with
the Attorney General to guarantee transportation of the alien
out of the United States if the alien is found inadmissible or
deportable by an immigration officer;
(6) is in possession of a round-trip transportation ticket
unless the Attorney General by regulation waives this
requirement;
(7) is not a threat to the welfare, health, safety, or
security of the United States; and
(8) complied with the conditions of any previous admission
without a visa under the program.
(f) Admission Under Visa Waiver Pilot Program.--An alien admitted to
the United States under this section without a visa may not stay in the
United States as a nonimmigrant visitor for more than 90 days after the
date of admission to the United States.
(g) Carrier Agreements.--(1) A carrier and the Attorney General may
make an agreement referred to in subsection (e)(5) of this section
under which the carrier agrees, in consideration of the waiver of the
visa requirement for a nonimmigrant visitor under the program--
(A) to indemnify the Federal Government against costs of
transporting that visitor from the United States if the visitor
is refused admission or remains in the United States unlawfully
after the end of the period of admission referred to in
subsection (e)(1) of this section;
(B) to submit each day to immigration officers any
immigration forms received about nonimmigrant visitors given a
waiver under the program; and
(C) to be liable, under regulations the Attorney General
prescribes, for transporting a national of a pilot program
country into the United States without a passport.
(2) If a carrier does not comply with an agreement made under
paragraph (1) of this subsection, the Attorney General may end the
agreement on 5 days' notice to the carrier.
(h) Denial of Waivers.--Notwithstanding subsections (a)-(e) and (g)
of this section, the Attorney General, in consultation with the
Secretary, may--
(1) for any reason refuse to designate a foreign country that
otherwise may qualify for designation under this section; or
(2) rescind at any time a waiver or designation previously
issued under this section.
CHAPTER 23--CLASSIFICATIONS
SUBCHAPTER I--GENERAL
Sec.
2301. Officials of governments of foreign countries.
2302. Representatives to international organizations.
2303. Visitors for business and pleasure.
2304. Aliens in immediate and continuous transit.
2305. Crewmembers.
2306. Aliens entitled to enter for trade or investment.
2307. Aliens entitled to enter for business activities at a
professional level under certain trade agreements.
2308. Media representatives.
2309. Aliens engaged to marry citizens.
2310. Students in academic institutions and language training programs.
2311. Students in nonacademic institutions.
2312. Participants in programs designated by the Director of the United
States Information Agency.
2313. Aliens employed temporarily in specialty occupations or as
fashion models.
2314. Temporary and seasonal agricultural employees.
2315. Aliens performing labor or services for which United States
workers are unavailable.
2316. Aliens receiving training.
2317. Intra-company transferees.
2318. Aliens with extraordinary ability or with distinction in the
arts, motion pictures, or television.
2319. Athletes and entertainers.
2320. Participants in international exchange programs.
2321. Aliens in religious occupations.
2322. Participants in cooperative research, development, and
coproduction projects.
2323. Participants in special education programs.
2324. Relatives of special immigrants.
2325. Registered nurses.
2326. Aliens with information about criminal or terrorist
organizations.
SUBCHAPTER II--SPECIAL REQUIREMENTS
2351. Employer applications for aliens employed temporarily in
specialty occupations or as fashion models.
2352. Advisory opinions for aliens with extraordinary ability or with
distinction in the arts, motion pictures, or television.
2353. Advisory opinions for athletes and entertainers.
SUBCHAPTER III--MISCELLANEOUS
2371. Information on foreign students and other exchange program
participants.
2372. Transportation costs payable by employers of certain
nonimmigrants.
SUBCHAPTER I--GENERAL
Sec. 2301. Officials of governments of foreign countries
An alien is classifiable as a nonimmigrant under this section if the
alien is--
(1)(A) an ambassador, public minister, or career diplomatic
or consular officer accredited by a government of a foreign
country recognized de jure by the Federal Government who is
accepted by the President or the Secretary of State; or
(B) a member of the immediate family of the ambassador,
minister, or officer;
(2) on a reciprocal basis--
(A) another official or employee accredited by a
government of a foreign country recognized de jure by
the Federal Government who is accepted by the
Secretary; or
(B) a member of the immediate family of the official
or employee; or
(3) on a reciprocal basis--
(A) an attendant, servant, or personal employee of an
alien described in clause (1)(A) or (2)(A) of this
section; or
(B) a member of the immediate family of the
attendant, servant, or personal employee.
Sec. 2302. Representatives to international organizations
An alien is classifiable as a nonimmigrant under this section if the
alien is--
(1)(A) a designated principal resident representative of a
government of a foreign country to an international
organization if the government is recognized de jure by the
Federal Government and is a member of the international
organization; or
(B) a member of the immediate family of the representative;
(2)(A) an accredited resident member of the staff of a
representative described in clause (1)(A) of this section; or
(B) a member of the immediate family of the member;
(3)(A) an accredited representative (except a representative
described in clause (1)(A) of this section) of a government of
a foreign country to an international organization if the
government is recognized de jure by the Federal Government and
is a member of the international organization; or
(B) a member of the immediate family of the representative;
(4)(A) an alien described in clause (1)(A), (2)(A), or (3)(A)
of this section, except that the government of the foreign
country is not recognized de jure by the Federal Government or
is not a member of an international organization; or
(B) a member of the immediate family of the alien;
(5)(A) an officer or employee of an international
organization; or
(B) a member of the immediate family of the officer or
employee; or
(6)(A) an attendant, servant, or personal employee of an
alien described in clause (1)(A), (2)(A), (3)(A), (4)(A), or
(5)(A) of this section; or
(B) a member of the immediate family of the attendant,
servant, or personal employee.
Sec. 2303. Visitors for business and pleasure
An alien is classifiable as a nonimmigrant under this section if the
alien--
(1) has a residence in a foreign country that the alien has
no intention of abandoning; and
(2) is visiting the United States temporarily for business or
pleasure (except to study, to perform skilled or unskilled
labor, or to work as a representative of foreign information
media).
Sec. 2304. Aliens in immediate and continuous transit
An alien is classifiable as a nonimmigrant under this section if the
alien is--
(1) in immediate and continuous transit through the United
States; or
(2) entitled to pass in transit between a foreign country and
the headquarters district of the United Nations under section
11(3), (4), or (5) of the Agreement Between the United Nations
and the United States of America Regarding the Headquarters of
the United Nations (61 Stat. 761).
Sec. 2305. Crewmembers
(a) General.--(1) Except as provided in subsection (c) of this
section, an alien is classifiable as a nonimmigrant under this section
if the alien--
(A) is a crewmember serving as a crewmember in a capacity
required for normal operation and service on a vessel (except a
fishing vessel having its home port or an operating base in the
United States) or on an aircraft; and
(B) intends to land temporarily and only as a crewmember and
to depart on a vessel or aircraft.
(2) Serving in a capacity required for normal operation and service
on a vessel under paragraph (1)(A) of this subsection includes
performing longshore work (as defined in section 2721(a) of this title)
only to the extent provided in section 2723, 2724, or 2725 of this
title.
(b) Crewmembers of Fishing Vessels Landing in Guam.--(1) Except as
provided in subsection (c) of this section, an alien is classifiable as
a nonimmigrant under this section if the alien--
(A) is a crewmember serving as a crewmember in any capacity
required for normal operation and service on a fishing vessel
having its home port or an operating base in the United States;
and
(B) intends to land in Guam temporarily and only as a
crewmember and to depart on the vessel on which the alien
arrived.
(2) An alien is deemed to have departed from Guam under paragraph
(1)(B) of this subsection after leaving the territorial waters of Guam
without regard to whether the alien arrives in a foreign country before
returning to Guam.
(c) Crewmembers Employed in Labor Disputes.--(1) An alien who intends
to land to perform service on a vessel of the United States (as defined
in section 2101 of title 46) or on an aircraft of an air carrier (as
defined in section 40102(a) of title 49) during a labor dispute in
which there is a strike or lockout of the bargaining unit of the
employer in which the alien intends to perform that service--
(A) is not entitled to the status of a nonimmigrant
classified under this section;
(B) may not be paroled into the United States under section
6121 of this title, unless the Attorney General decides that
the parole of the alien is necessary to protect the security of
the United States; and
(C) is not a crewmember for purposes of section 2703(d) of
this title.
(2) Paragraph (1) of this subsection does not apply to an alien if
the air carrier or owner or operator of the vessel employing the alien
provides documentation that satisfies the Attorney General that the
alien--
(A) has been employed by that employer for at least a one-
year period before the date that the strike or legal lockout
began;
(B) has served as a qualified crewmember for that employer at
least once in each of 3 months during the 12-month period
before that date; and
(C) will continue to perform the same services that the alien
provided during the alien's employment described in clause (B)
of this paragraph.
Sec. 2306. Aliens entitled to enter for trade or investment
(a) Definition.--In this section, ``citizen of Mexico'' has the same
meaning given that term in Annex 1608 of the North American Free Trade
Agreement.
(b) Eligibility Under Treaty.--An alien is classifiable as a
nonimmigrant under this section if the alien--
(1) is entitled to enter the United States under a treaty of
commerce and navigation between the United States and the
foreign country of which the alien is a national only--
(A) to carry on an amount of trade (including trade
in services or technology) principally between the
United States and the country of which the alien is a
national that is substantial, as established by the
Secretary of State after consulting with the heads of
appropriate federal departments, agencies, and
instrumentalities; or
(B) to develop and direct the operations of an
enterprise in which the alien has invested or is
actively in the process of investing an amount of
capital that is substantial, as established by the
Secretary after consulting with the heads of
appropriate federal departments, agencies, and
instrumentalities; or
(2) is the spouse or child of an alien described in clause
(1) of this subsection if accompanying or following to join the
alien.
(c) Eligibility Under Legislation.--An alien is classifiable as a
nonimmigrant under this section if the alien--
(1) is a national of the Philippines who is coming to the
United States, on a reciprocal basis under an agreement
implemented under the Act of June 18, 1954 (ch. 323, 68 Stat.
264), only to engage in activities described in subsection
(b)(1)(A) or (B) of this section;
(2) is a national of Australia or Sweden who is coming to the
United States on a reciprocal basis only to engage in
activities described in subsection (b)(1)(A) or (B) of this
section;
(3)(A) is a citizen of Canada; and
(B) is coming to the United States on a reciprocal basis
under the United States-Canada Free-Trade Agreement only for a
purpose specified by Annex 1502.1 (United States of America),
Part B--Traders and Investors, of the United States-Canada
Free-Trade Agreement, but only if the purpose was specified by
that Annex on January 1, 1989;
(4) subject to subsection (d) of this section--
(A) is a citizen of Canada or a citizen of Mexico;
and
(B) is coming to the United States on a reciprocal
basis under the North American Free Trade Agreement
only for a purpose specified by section B of Annex 1603
of the Agreement, but only if the purpose was specified
by Annex 1603 on January 1, 1994; or
(5) is the spouse or child of an alien described in clause
(1), (2), (3), or (4) of this subsection if accompanying or
following to join the alien.
(d) Labor Disputes.--An alien described in subsection (c)(4) of this
section is not entitled to be classified as a nonimmigrant under
subsection (c)(4) if there is a strike or lockout in progress during a
labor dispute in the occupational classification at the alien's place
or intended place of employment, unless the alien establishes under
regulations prescribed by the Attorney General that the alien's entry
will not adversely affect the settlement of the strike or lockout or
the employment of any individual who is involved in the strike or
lockout. Notice of a decision by the Attorney General under this
subsection shall be given in the way required by paragraph 3 of Article
1603 of the North American Free Trade Agreement.
Sec. 2307. Aliens entitled to enter for business activities at a
professional level under certain trade agreements
(a) Definition.--In this section, ``citizen of Mexico'' has the same
meaning given that term in Annex 1608 of the North American Free Trade
Agreement.
(b) General.--An alien is classifiable as a nonimmigrant under this
section if the alien--
(1)(A) is a citizen of Canada;
(B) is coming to the United States under Annex 1502.1 (United
States of America), Part C--Professionals, of the United
States-Canada Free-Trade Agreement to engage in business
activities at a professional level as provided in that Annex;
and
(C) may be admitted to the United States to engage in those
activities under regulations prescribed by the Attorney General
after consulting with the Secretaries of State and Labor; or
(2)(A) subject to subsections (c)-(e) of this section--
(i) is a citizen of Canada or a citizen of Mexico;
(ii) is coming to the United States under section D
of Annex 1603 of the North American Free Trade
Agreement to engage in business activities at a
professional level as provided in Annex 1603; and
(iii) may be admitted to the United States to engage
in those activities under regulations prescribed by the
Attorney General after consulting with the Secretaries
of State and Labor; or
(B) is the spouse or child of an alien described in subclause
(A) of this clause if accompanying or following to join the
alien.
(c) Numerical Limitations on Citizens of Mexico.--(1) The Attorney
General shall establish an annual numerical limitation on the admission
of citizens of Mexico classified under subsection (b)(2) of this
section, as provided in Appendix 1603.D.4 of Annex 1603 of the North
American Free Trade Agreement. Subject to paragraph (2) of this
subsection, the limitation--
(A) may be increased after December 31, 1994, under paragraph
5(a) of section D of Annex 1603 of the Agreement; and
(B) shall cease to apply as provided in paragraph 3 of
Appendix 1603.D.4.
(2) The limitation referred to in paragraph (1) of this subsection
may be increased or shall cease to apply (other than under paragraph 3
of Appendix 1603.D.4) only if--
(A) the President has obtained advice about the proposed
action from the appropriate advisory committees established
under section 135 of the Trade Act of 1974 (19 U.S.C. 2155);
(B) the President has submitted a report to the Committees on
the Judiciary of the Senate and the House of Representatives
that states the action proposed to be taken, the reasons for
the proposed action, and the advice obtained under clause (A)
of this paragraph;
(C) at least 60 days have passed after the President meets
the requirements of clauses (A) and (B) of this paragraph; and
(D) the President consults with those committees during that
60-day period about the proposed action.
(d) Additional Requirements for Citizens of Mexico.--During the
period that Appendix 1603.D.4 of Annex 1603 of the North American Free
Trade Agreement applies, an alien who is a citizen of Mexico and enters
under section D of Annex 1603 must comply--
(1) for a registered nurse, with the attestation requirements
of section 2902 of this title, to the extent and in the way
provided by regulations prescribed by the Secretary of Labor;
(2) for all other professions set out in Appendix 1603.D.1 of
Annex 1603, with the application requirements of section 2351
of this title, to the extent and in the way provided by
regulations prescribed by the Secretary of Labor; and
(3) with the employer petition requirements of this chapter,
to the extent and in the way provided by regulations prescribed
by the Attorney General.
(e) Labor Disputes.--An alien who is a citizen of Canada or a citizen
of Mexico and who is coming to the United States under section B, C, or
D of Annex 1603 of the North American Free Trade Agreement is not
entitled to be classified as a nonimmigrant under those sections if
there is a strike or lockout in progress during a labor dispute in the
occupational classification at the alien's place or intended place of
employment, unless the alien establishes under regulations prescribed
by the Attorney General that the alien's entry will not adversely
affect the settlement of the strike or lockout or the employment of any
individual who is involved in the strike or lockout. Notice of a
decision by the Attorney General under this subsection shall be given
in the way required by paragraph 3 of Article 1603 of the Agreement.
Sec. 2308. Media representatives
On a reciprocal basis, an alien is classifiable as a nonimmigrant
under this section if the alien is--
(1) a representative of foreign information media who is
coming to the United States only to work as a representative of
foreign information media; or
(2) the spouse or child of an alien described in clause (1)
of this section if accompanying or following to join the alien.
Sec. 2309. Aliens engaged to marry citizens
(a) General.--An alien is classifiable as a nonimmigrant under this
section if the alien is--
(1) engaged to marry a citizen of the United States and is
coming to the United States only to marry the citizen within 90
days after admission; or
(2) the child of an alien described in clause (1) of this
subsection if accompanying or following to join the alien.
(b) Fiancee or Fiance Petitions.--(1) The citizen fiancee or fiance
of an alien described in subsection (a)(1) of this section must file a
petition in the United States with the Attorney General. The petition
must be in the form and contain the information the Attorney General
prescribes by regulation. The Attorney General may approve the petition
only if satisfied that the parties--
(A) previously have met in person during the 2 years before
the date the petition was filed, except that the Attorney
General may waive this requirement;
(B) intend to marry; and
(C) are legally able and willing to marry not later than 90
days after the alien arrives in the United States.
(2) The consular officer must receive the petition approved by the
Attorney General before a visa may be issued to the alien.
Sec. 2310. Students in academic institutions and language training
programs
(a) General.--Except as provided in subsection (c) of this section,
an alien is classifiable as a nonimmigrant under this section if the
alien--
(1)(A) has a residence in a foreign country that the alien
has no intention of abandoning;
(B) is a student qualified to take a full course of study;
and
(C) is coming to the United States temporarily and only to
take a full course of study at an established academic
institution or in a language training program designated by the
alien and approved by the Attorney General under subsection (b)
of this section; or
(2) is the spouse or child of an alien described in clause
(1) of this subsection if accompanying or following to join the
alien.
(b) Approval of Institutions and Programs.--(1) The Attorney General
may approve an institution or language training program referred to in
subsection (a) of this section only after--
(A) the Attorney General has consulted with the Secretary of
Education; and
(B) the institution or the place of study for the program has
agreed to report promptly to the Attorney General the
termination of attendance of each nonimmigrant student.
(2) The Attorney General shall withdraw the approval if the
institution or place of study fails to report promptly.
(c) Limitations.--(1) An alien may not be granted the status of a
nonimmigrant classified under subsection (a)(1) of this section in
order to pursue a course of study--
(A) at a public elementary school or in a publicly funded
adult education program; or
(B) at a public secondary school unless--
(i) the aggregate period of that status at a public
secondary school does not exceed 12 months with respect
to that alien; and
(ii) the alien demonstrates that the alien has
reimbursed the local educational agency that
administers the school for the full, unsubsidized per
capita cost of providing education at the school for
the period of the alien's attendance.
(2) If an alien who acquires the status of a nonimmigrant classified
under subsection (a)(1) of this section in order to pursue a course of
study at a private elementary or secondary school or in a language
training program that is not publicly funded terminates or abandons
that course of study at that school and undertakes a course of study at
a public elementary school, in a publicly funded adult education
program, in a publicly funded adult education language training
program, or at a public secondary school (unless the requirements of
paragraph (1)(B) of this subsection are met)--
(A) the alien shall be considered to have violated that
status; and
(B) the alien's visa under subsection (a)(1) of this section
shall be void.
(3) This subsection applies to an alien who acquires the status of a
nonimmigrant classified under subsection (a)(1) of this section as well
as to an alien whose status as such a nonimmigrant is extended.
(d) Work Authorizations.--(1) During the 5-year period that began on
October 1, 1991, the Attorney General may grant a work authorization
for an alien admitted as a nonimmigrant classified under subsection
(a)(1) of this section to be employed off-campus if--
(A) the alien has completed one academic year as such a
nonimmigrant and is maintaining good academic standing at the
educational institution;
(B) the employer provides the educational institution and the
Secretary of Labor with an attestation that the employer--
(i) has recruited for at least 60 days for the
position; and
(ii) will pay the alien and other similarly situated
workers not less than the actual wage level for the
occupation at the place of employment, or the
prevailing wage level for the occupation in the area of
employment, whichever is greater; and
(C) the alien will be employed no more than 20 hours each
week during the academic term.
(2) An alien described in this subsection may be employed on a full-
time basis during vacation periods and between academic terms.
(3) If the Secretary of Labor determines that an employer has
provided an attestation under this subsection that is materially false
or has failed to pay wages in accordance with the attestation, the
employer shall be disqualified from employing an alien under this
subsection after the Secretary provides notice to the employer and an
opportunity for a hearing.
(4) Not later than April 1, 1996, the Attorney General and the
Secretary of Labor shall submit to Congress a report on--
(A) whether the program of work authorization under this
subsection should be extended; and
(B) the impact of the program on the prevailing wages of
workers.
Sec. 2311. Students in nonacademic institutions
(a) General.--An alien is classifiable as a nonimmigrant under this
section if the alien--
(1)(A) has a residence in a foreign country that the alien
has no intention of abandoning; and
(B) is coming to the United States temporarily and only to
take a full course of study (except in a language training
program) at a recognized nonacademic institution designated by
the alien and approved by the Attorney General under subsection
(b) of this section; or
(2) is the spouse or child of an alien described in clause
(1) of this subsection if accompanying or following to join the
alien.
(b) Approval of Institutions.--(1) The Attorney General may approve
an institution referred to in subsection (a) of this section only
after--
(A) the Attorney General has consulted with the Secretary of
Education; and
(B) the institution has agreed to report promptly to the
Attorney General the termination of attendance of each
nonimmigrant student.
(2) The Attorney General shall withdraw the approval if the
institution fails to report promptly.
Sec. 2312. Participants in programs designated by the Director of the
United States Information Agency
(a) General.--An alien is classifiable as a nonimmigrant under this
section if the alien--
(1)(A) has a residence in a foreign country that the alien
has no intention of abandoning;
(B) is a student, scholar, trainee, teacher, researcher,
leader, or similar individual in a field of specialized
knowledge or skill; and
(C) is coming to the United States temporarily to teach,
lecture, study, observe, conduct research, consult, receive
training, or demonstrate special skills in a program designated
by the Director of the United States Information Agency, and,
if coming to participate in a program in which the alien will
receive graduate medical education or training, satisfies the
requirements of subsections (b) and (c) of this section; or
(2) is the spouse or child of an alien described in clause
(1) of this subsection if accompanying or following to join the
alien.
(b) Additional Requirements for Aliens in Medical Programs.--The
following additional requirements apply to an alien coming to the
United States as a nonimmigrant classified under subsection (a)(1) of
this section to participate in a program in which the alien will
receive graduate medical education or training:
(1) A school of medicine or of another health profession
accredited by a body approved by the Secretary of Education
must agree in writing to provide the graduate medical education
or training under the program for which the alien is coming to
the United States or to arrange for an appropriate public or
nonprofit private agency or institution to provide the
education or training. Before making the agreement, the school
must be satisfied that the alien satisfies paragraph (2) of
this subsection. If the agreement is by a school of medicine,
any of its affiliated hospitals that will participate in
providing the education or training must be a party to the
agreement.
(2) The alien must--
(A) have graduated from a school of medicine
accredited by a body approved by the Secretary of
Education (regardless of whether the school is in the
United States); or
(B)(i) have passed parts I and II of the National
Board of Medical Examiners Examination or an
examination the Secretary of Health and Human Services
decides is equivalent;
(ii) be competent in oral and written English;
(iii) be able to adapt to the educational and
cultural environment in which the alien will be
receiving the education or training; and
(iv) have adequate prior education and training to
participate satisfactorily in the program.
(3) The government of the foreign country of the alien's
nationality or last residence must provide a written assurance
satisfactory to the Secretary of Health and Human Services that
the country needs individuals with the skills the alien will
acquire in the program.
(4) The alien must agree to return to the foreign country of
the alien's nationality or last residence on completing the
program.
(5) The alien must give the Attorney General annually an
affidavit (in the form prescribed by the Attorney General)
attesting that the alien--
(A) is in good standing in the program; and
(B) will return to the foreign country of the alien's
nationality or last residence on completing the
program.
(6) The alien's participation in the program is limited to
the period typically required to complete the program, as
determined by the Director at the time of the alien's admission
to the United States. The Director shall base the determination
on criteria, established in coordination with the Secretary of
Health and Human Services, that consider the published
requirements of the medical specialty board administering the
program. However--
(A) the period may be more than 7 years only if the
alien satisfies the Director that the foreign country
to which the alien will return on completing the
program has an exceptional need for an individual with
the skills the alien will acquire in the program; and
(B) the alien may change programs once within the
first 2 years after the alien is admitted to the United
States as a nonimmigrant classified under subsection
(a)(1) of this section or acquiring the status of a
nonimmigrant classified under subsection (a)(1) if the
Director approves the change and a written assurance
and an agreement are given for the new program as
provided in paragraphs (3) and (4) of this subsection.
(c) Satisfaction of Requirements by Certain Medical School
Graduates.--An alien who is a graduate of a medical school satisfies
subsection (b)(2)(B)(i) of this section if the alien on January 9,
1978--
(1) was completely and permanently licensed to practice
medicine in a State; and
(2) was practicing medicine in a State.
(d) Report on Affidavits.--The Director shall submit to Congress each
year a report on aliens who have submitted affidavits under subsection
(b)(5) of this section. The report shall include the name and address
of each alien, the program of graduate medical education or training in
which the alien is participating, and the status of the alien in the
program.
Sec. 2313. Aliens employed temporarily in specialty occupations or as
fashion models
(a) General.--An alien is classifiable as a nonimmigrant under this
section if--
(1)(A) the alien is coming to the United States temporarily
to be employed in a specialty occupation (except as a
registered nurse during the period specified by section 2325(c)
of this title or to perform services described in section 2314,
2318, or 2319 of this title) that requires theoretical and
practical application of a body of highly specialized knowledge
and a bachelor's, or higher, degree in the specific specialty,
or its equivalent, as a minimum for entry into the occupation
in the United States;
(B) the alien--
(i) is fully licensed by a State to practice the
occupation if a license is required to practice that
occupation;
(ii) has completed the degree described in this
subclause (A) of this paragraph for that occupation; or
(iii) has experience in the specialty equivalent to
the completion of that degree and recognition of
expertise in the specialty through progressively more
responsible positions related to the specialty;
(C) the alien meets the requirements of subsection (d) of
this section; and
(D) the Secretary of Labor has certified to the Attorney
General that the employer intending to employ the alien has
filed with the Secretary an application under section 2351 of
this title;
(2)(A) the alien is coming to the United States temporarily
to be employed as a fashion model and demonstrates
distinguished merit and ability; and
(B) the Secretary of Labor has certified to the Attorney
General that the employer intending to employ the alien has
filed with the Secretary an application under section 2351 of
this title; or
(3) the alien is the spouse or child of an alien described in
clause (1) or (2) of this subsection if accompanying or
following to join the alien.
(b) Numerical and Time Limitations.--(1) The total number of aliens
who may be issued visas or provided status as nonimmigrants classified
under subsection (a)(1) and (2) of this section during a fiscal year is
65,000. Those aliens shall be classified as nonimmigrants under that
subsection in the order in which petitions are filed for that
classification.
(2) An alien classified as a nonimmigrant under subsection (a)(1) or
(2) of this section may be admitted to the United States for not more
than 6 years.
(c) Employer Petitions.--(1) An employer intending to bring to the
United States an alien described in subsection (a)(1) or (2) of this
section must file a petition with the Attorney General. The petition
must be in the form and contain the information the Attorney General
prescribes. Before approving a petition, the Attorney General shall
consult with the heads of appropriate federal departments, agencies,
and instrumentalities. The Attorney General must approve the petition
before a visa may be issued to the alien. Approval of the petition does
not establish by itself that the alien is a nonimmigrant.
(2) If a petition is filed and denied under this subsection, the
Attorney General shall notify the petitioner of the decision and the
reasons for the denial and the way in which the petitioner may appeal
the decision.
(d) Limitations on Admission of Medical School Graduates.--An alien
who is a graduate of a medical school and is coming to the United
States to perform services as a member of the medical profession may be
admitted as a nonimmigrant classified under subsection (a)(1) of this
section only if the alien--
(1) is coming to the United States at the invitation of a
public or nonprofit private educational or research institution
or agency in the United States to teach or conduct research, or
both, at or for the institution or agency; or
(2)(A) has passed the licensing examination administered by
the Federation of State Medical Boards of the United States or
an examination the Secretary of Health and Human Services
decides is equivalent; and
(B)(i) is competent in oral and written English; or
(ii) is a graduate of a medical school that is accredited by
a body approved by the Secretary of Education (regardless of
whether the school is in the United States).
(e) Intention To Abandon Residence in a Foreign Country.--For
purposes of obtaining a visa or acquiring or maintaining the status of
a nonimmigrant classified under subsection (a)(1) or (2) of this
section, the fact that an alien is the beneficiary of an application
for a preference status filed under subchapter I of chapter 43 of this
title or otherwise has sought permanent residence in the United States
is not evidence of an intention to abandon a residence in a foreign
country if the alien has acquired a change of status under section 9108
of this title to a classification as such a nonimmigrant before the
alien's most recent departure from the United States.
Sec. 2314. Temporary and seasonal agricultural employees
(a) General.--An alien is classifiable as a nonimmigrant under this
section if the alien--
(1)(A) has a residence in a foreign country that the alien
has no intention of abandoning; and
(B) is coming to the United States temporarily to perform
temporary or seasonal agricultural labor or services as defined
by the Secretary of Labor by regulation, including agricultural
labor as defined in section 3121(g) of the Internal Revenue
Code of 1986 (26 U.S.C. 3121(g)) and agriculture as defined in
section 3 of the Fair Labor Standards Act of 1938 (29 U.S.C.
203); or
(2) is the spouse or child of an alien described in clause
(1) of this subsection if accompanying or following to join the
alien.
(b) Employer Petitions.--(1) An employer intending to bring to the
United States an alien described in subsection (a)(1) of this section
must file a petition with the Attorney General. The petition must be in
the form and contain the information the Attorney General prescribes.
Before approving a petition, the Attorney General shall consult with
the heads of appropriate federal departments, agencies, and
instrumentalities, including the Secretaries of Labor and Agriculture.
The Attorney General may approve the petition only after the petitioner
has applied to the Secretary of Labor for a certification under section
2502 of this title. The Attorney General must approve the petition
before a visa may be issued to the alien. Approval of the petition does
not establish by itself that the alien is a nonimmigrant.
(2) If a petition is filed and denied under this subsection, the
Attorney General shall notify the petitioner of the decision and the
reasons for the denial and the way in which the petitioner may appeal
the decision.
Sec. 2315. Aliens performing labor or services for which United States
workers are unavailable
(a) General.--An alien is classifiable as a nonimmigrant under this
section if the alien--
(1)(A) is not a graduate of a medical school coming to the
United States to perform services as a member of the medical
profession;
(B) has a residence in a foreign country that the alien has
no intention of abandoning; and
(C) is coming to the United States temporarily to perform
temporary labor or services (except labor or services described
in section 2314 of this title) for which unemployed workers
able to perform the labor or services are unavailable in the
United States; or
(2) is the spouse or child of an alien described in clause
(1) of this subsection if accompanying or following to join the
alien.
(b) Numerical Limitations.--The total number of aliens who may be
issued visas or provided status as nonimmigrants classified under
subsection (a)(1) of this section during a fiscal year is 66,000. Those
aliens shall be classified as nonimmigrants under that subsection in
the order in which petitions are filed for that classification.
(c) Employer Petitions.--(1) An employer intending to bring to the
United States an alien described in subsection (a)(1) of this section
must file a petition with the Attorney General. The petition must be in
the form and contain the information the Attorney General prescribes.
Before approving a petition, the Attorney General shall consult with
the heads of appropriate federal departments, agencies, and
instrumentalities. The Attorney General must approve the petition
before a visa may be issued to the alien. Approval of the petition does
not establish by itself that the alien is a nonimmigrant.
(2) If a petition is filed and denied under this subsection, the
Attorney General shall notify the petitioner of the decision and the
reasons for the denial and the way in which the petitioner may appeal
the decision.
(d) Employment in the Virgin Islands.--The Attorney General may
approve a petition filed for an alien described in subsection (a)(1) of
this section for employment in the Virgin Islands only--
(1) if the alien is to be employed as an entertainer or
athlete; and
(2) for not more than 45 days.
Sec. 2316. Aliens receiving training
(a) General.--An alien is classifiable as a nonimmigrant under this
section if the alien--
(1)(A) has a residence in a foreign country that the alien
has no intention of abandoning; and
(B) is coming to the United States temporarily to receive
training (except graduate medical education or training) in a
training program that is not designed primarily to provide
productive employment; or
(2) is the spouse or child of an alien described in clause
(1) of this section if accompanying or following to join the
alien.
(b) Employer Petitions.--(1) An employer intending to bring to the
United States an alien described in subsection (a)(1) of this section
must file a petition with the Attorney General. The petition must be in
the form and contain the information the Attorney General prescribes.
Before approving a petition, the Attorney General shall consult with
the heads of appropriate federal departments, agencies, and
instrumentalities. The Attorney General must approve the petition
before a visa may be issued to the alien. Approval of the petition does
not establish by itself that the alien is a nonimmigrant.
(2) If a petition is filed and denied under this subsection, the
Attorney General shall notify the petitioner of the decision and the
reasons for the denial and the way in which the petitioner may appeal
the decision.
Sec. 2317. Intra-company transferees
(a) General.--(1) An alien is classifiable as a nonimmigrant under
this section if the alien--
(A) within 3 years before applying for admission, has been
employed continuously for at least one year by a corporation or
other legal entity or an affiliate or subsidiary of the entity
and is coming to the United States temporarily to continue
employment with the same employer or an affiliate or subsidiary
of the entity--
(i) in an executive or managerial capacity; or
(ii) that involves a specialized knowledge of the
product of the entity, affiliate, or subsidiary and its
application in international markets or an advanced
level of knowledge of processes and procedures of the
entity, affiliate, or subsidiary and the alien has that
knowledge; or
(B) is the spouse or child of an alien described in clause
(A) of this paragraph if accompanying or following to join the
alien.
(2) The period of admission for an alien classified as a nonimmigrant
under--
(A) paragraph (1)(A)(i) of this subsection may be not more
than 7 years; and
(B) paragraph (1)(A)(ii) of this subsection may be not more
than 5 years.
(3) In applying paragraph (1) of this subsection, a partnership or
similar organization organized outside the United States to provide
accounting services is deemed to be an affiliate of a partnership
organized in the United States to provide accounting services if--
(A) the partnership or similar organization organized outside
the United States markets its accounting services under an
internationally recognized name under an agreement with a
worldwide coordinating organization owned and controlled by the
member accounting firms of which the United States partnership
is also a member; and
(B) the United States partnership markets its accounting
services under the same internationally recognized name under
an agreement with the worldwide coordinating organization.
(b) Employer Petitions.--(1) An employer intending to bring to the
United States an alien described in subsection (a)(1)(A) of this
section must file a petition with the Attorney General. The petition
must be in the form and contain the information the Attorney General
prescribes. Before approving a petition, the Attorney General shall
consult with the heads of appropriate federal departments, agencies,
and instrumentalities. The Attorney General must approve the petition
before a visa may be issued to the alien. Approval of the petition does
not establish by itself that the alien is a nonimmigrant.
(2) The Attorney General shall establish a procedure under which an
employer that meets the requirements the Attorney General prescribes
may file a petition for more than one alien described in subsection
(a)(1)(A) of this section instead of filing individual petitions under
paragraph (1) of this subsection for those aliens. The procedure shall
allow the expedited processing of visas for the admission of aliens
under such a petition.
(3) The Attorney General shall provide for a procedure for reviewing
and acting on petitions filed under this subsection not later than 30
days after the date a completed petition is filed.
(4) If a petition is filed and denied under this subsection, the
Attorney General shall notify the petitioner of the decision and the
reasons for the denial and the way in which the petitioner may appeal
the decision.
(c) Intention To Abandon Residence in a Foreign Country.--For
purposes of obtaining a visa or acquiring or maintaining the status of
a nonimmigrant classified under subsection (a)(1)(A) of this section,
the fact that an alien is the beneficiary of an application for a
preference status filed under subchapter I of chapter 43 of this title
or otherwise has sought permanent residence in the United States is not
evidence of an intention to abandon a residence in a foreign country if
the alien has acquired a change of status under section 9108 of this
title to a classification as such a nonimmigrant before the alien's
most recent departure from the United States.
Sec. 2318. Aliens with extraordinary ability or with distinction in the
arts, motion pictures, or television
(a) General.--An alien is classifiable as a nonimmigrant under this
section if the alien--
(1)(A)(i) has extraordinary ability in the sciences,
education, business, or athletics as demonstrated by sustained
national or international acclaim;
(ii) is distinguished in the arts as demonstrated by
sustained national or international acclaim; or
(iii) with regard to motion picture and television
productions has demonstrated a record of extraordinary
achievement and whose achievements have been recognized in the
field through extensive documentation; and
(B) is coming to the United States to continue work in the
area of extraordinary ability, distinction, or extraordinary
achievement;
(2) has a residence in a foreign country that the alien has
no intention of abandoning and--
(A) is coming to the United States temporarily and
only to accompany and assist in the artistic or
athletic performance for any specific event by an alien
described in clause (1) of this subsection;
(B) is an integral part of the actual performance;
and
(C)(i) has critical skills and experience with the
alien described in clause (1) of this section that are
not general in nature and that cannot be performed by
other individuals; or
(ii) for a motion picture or television production,
has skills and experience with the alien described in
clause (1) of this subsection that are not general in
nature and are critical because of a longstanding
working relationship or, for a specific production,
because significant production (including pre-
production and post-production work) will take place
both inside and outside the United States and the
continuing participation of the alien described in this
clause is essential to the successful completion of the
production; or
(3) is the spouse or child of an alien described in clause
(1) or (2) of this subsection if accompanying or following to
join the alien.
(b) Period of Admission.--An alien classified as a nonimmigrant under
this section may be admitted for the period the Attorney General
specifies to provide for any event for which the nonimmigrant is
admitted.
(c) Employer Petitions.--(1) An employer intending to bring to the
United States an alien described in subsection (a) (1) or (2) of this
section must file a petition with the Attorney General. The petition
must be in the form and contain the information the Attorney General
prescribes. Before approving a petition, the Attorney General shall
consult with the heads of appropriate federal departments, agencies,
and instrumentalities. The Attorney General must approve the petition
before a visa may be issued to the alien. Approval of the petition does
not establish by itself that the alien is a nonimmigrant.
(2) If a petition is filed and denied under this subsection, the
Attorney General shall notify the petitioner of the decision and the
reasons for the denial and the way in which the petitioner may appeal
the decision.
(d) Consultation Requirements.--The Attorney General may approve a
petition under subsection (c) of this section only after the petitioner
satisfies the consultation requirements of section 2352 of this title.
Sec. 2319. Athletes and entertainers
(a) General.--An alien is classifiable as a nonimmigrant under this
section if the alien--
(1) has a residence in a foreign country that the alien has
no intention of abandoning who--
(A)(i) performs as an athlete, individually or as a
member of a group or team, at an internationally
recognized level of performance; and
(ii) is coming to the United States temporarily and
only to perform as an athlete for a specific athletic
competition;
(B)(i) performs with, or is an integral and essential
part of the performance of, an entertainment group
that, except as provided in section 2353(b)(1)(A) of
this title, has been recognized internationally as
being outstanding in the discipline for a sustained and
substantial period of time;
(ii) if a performer or entertainer, except as
provided in section 2353(b) (1)(B) and (2) of this
title, has had a sustained and substantial relationship
with that group (ordinarily for at least one year) and
performs functions integral to the performance of the
group; and
(iii) is coming to the United States temporarily and
only to perform as such a performer or entertainer or
as an integral and essential part of a performance;
(C)(i) performs as an artist or entertainer,
individually or as a member of a group, or is an
integral part of the performance of that group; and
(ii) is coming to the United States temporarily and
only to perform as such an artist or entertainer or
with that group under a reciprocal exchange program
between an organization in the United States and an
organization in a foreign country that provides for the
temporary exchange of artists and entertainers; or
(D)(i) performs as an artist or entertainer,
individually or as a member of a group, or is an
integral part of the performance of that group; and
(ii) is coming to the United States temporarily and
only to perform, teach, or coach as such an artist or
entertainer or with that group under a commercial or
non-commercial program that is culturally unique; or
(2) is the spouse or child of an alien described in clause
(1) of this section if accompanying or following to join the
alien.
(b) Period of Admission.--(1) Except as provided in paragraph (2) of
this subsection, an alien classified as a nonimmigrant under this
section may be admitted for the period the Attorney General specifies
in order to provide for any competition, event, or performance for
which the nonimmigrant is admitted.
(2) An alien classified as a nonimmigrant under this section and
admitted as an individual athlete may be admitted for an initial period
of not more than 5 years during which the nonimmigrant will perform as
an athlete. The Attorney General may extend that period for an
additional period of not more than 5 years.
(c) Petitions.--(1) Any person may file a petition with the Attorney
General for an alien described in subsection (a) of this section.
(2) An employer intending to bring to the United States an alien
described in subsection (a)(1) (A) or (B) of this section must file a
petition with the Attorney General. The petition filed under this
paragraph must be in the form and contain the information the Attorney
General prescribes. Before approving a petition, the Attorney General
shall consult with the heads of appropriate federal departments,
agencies, and instrumentalities. The Attorney General must approve the
petition before a visa may be issued to the alien. Approval of the
petition does not establish by itself that the alien is a nonimmigrant.
(3) If a petition is filed and denied under this subsection, the
Attorney General shall notify the petitioner of the decision and the
reasons for the denial and the way in which the petitioner may appeal
the decision.
(d) Consultation Requirements.--The Attorney General may approve a
petition under subsection (c) of this section only after the petitioner
satisfies the consultation requirements of section 2353 of this title.
Sec. 2320. Participants in international exchange programs
An alien is classifiable as a nonimmigrant under this section if the
alien--
(1) has a residence in a foreign country that the alien has
no intention of abandoning;
(2) is coming to the United States for a period of not more
than 15 months to participate in an international cultural
exchange program approved by the Attorney General that provides
practical training, employment, and the sharing of history,
culture, and traditions of the foreign country of the alien's
nationality; and
(3) will be employed for the same wages and under the same
working conditions as United States workers.
Sec. 2321. Aliens in religious occupations
An alien is classifiable as a nonimmigrant under this section if the
alien--
(1)(A) for the 2 years immediately before the alien's
application for admission, has been a member of a religious
denomination that has a bona fide nonprofit religious
organization in the United States; and
(B) is coming to the United States for a period of not more
than 5 years to perform work described in section
133(a)(3)(A)(ii) (I), (II), or (III) of this title; or
(2) is the spouse or child of an alien described in clause
(1) of this section if accompanying or following to join the
alien.
Sec. 2322. Participants in cooperative research, development, and
coproduction projects
(a) General.--On a reciprocal basis, an alien is classifiable as a
nonimmigrant under this section if the alien--
(1)(A) has a residence in a foreign country that the alien
has no intention of abandoning; and
(B) is coming to the United States for not more than 10 years
to provide services of an exceptional nature requiring merit
and ability related to a cooperative research and development
project or a coproduction project provided under a government-
to-government agreement carried out by the Secretary of
Defense; or
(2) is the spouse or child of an alien described in clause
(1) of this section if accompanying or following to join the
alien.
(b) Numerical Limitation.--Not more than 100 aliens classified as
nonimmigrants under this section may be admitted as, or granted the
status of, a nonimmigrant classified under this section at any time.
Sec. 2323. Participants in special education programs
(a) General.--An alien is classifiable as a nonimmigrant under this
section if the alien--
(1)(A) has a residence in a foreign country that the alien
has no intention of abandoning; and
(B) is coming to the United States for not more than 18
months to participate in a special education training program
that provides practical training and experience in educating
children with physical, mental, or emotional disabilities; or
(2) is the spouse or child of an alien described in clause
(1) of this section if accompanying or following to join the
alien.
(b) Numerical Limitation.--Not more than 50 aliens classified as
nonimmigrants under this section may be admitted as, or granted the
status of, a nonimmigrant classified under this section in a fiscal
year.
Sec. 2324. Relatives of special immigrants
An alien is classifiable as a nonimmigrant under this section if the
alien is--
(1) the parent of an alien who is a special immigrant as
defined in section 133(a)(9) of this title, but only when the
alien is a child; or
(2) a child of--
(A) a parent described in clause (1) of this section;
or
(B) an alien who is a special immigrant as defined in
section 133(a)(10) or (11) of this title.
Sec. 2325. Registered nurses
(a) Definition.--In this section, ``facility'' includes an employer
that employs registered nurses in a home setting.
(b) General.--An alien is classifiable as a nonimmigrant under this
section if the alien--
(1)(A) is coming to the United States temporarily to perform
services as a registered nurse;
(B) has obtained a full and unrestricted license to practice
professional nursing in the foreign country in which the alien
obtained nursing education or has received nursing education in
the United States or Canada;
(C) has passed an appropriate examination (recognized in
regulations prescribed in consultation with the Secretary of
Health and Human Services) or has a full and unrestricted
license under state law to practice professional nursing in the
State of intended employment;
(D) is fully qualified and eligible under the laws (including
temporary licensing requirements authorizing the nurse to be
employed) governing the place of intended employment to engage
in the practice of professional nursing as a registered nurse
immediately on admission to the United States and is authorized
under those laws to be employed by the facility; and
(E) is one for whom the Secretary of Labor has certified to
the Attorney General that each facility (including the
petitioner under subsection (c)(1) of this section and each
worksite, except a private household worksite, that is not the
alien's employer or controlled by the employer) at which the
alien will perform the services has an attestation on file and
in effect under section 2902 of this title; or
(2) is the spouse or child of an alien described in clause
(1) of this subsection if accompanying or following to join the
alien.
(c) Employer Petitions.--(1) An employer intending to bring to the
United States an alien described in subsection (b)(1) of this section
must file a petition with the Attorney General. The Attorney General
may approve a petition filed under this section only if the petition is
filed during the period from September 1, 1990, through August 31,
1995. The petition must be in the form and contain the information the
Attorney General prescribes. Before approving a petition, the Attorney
General shall consult with the heads of appropriate federal
departments, agencies, and instrumentalities. The Attorney General must
approve the petition before a visa may be issued to the alien. Approval
of a petition does not establish by itself that the alien is a
nonimmigrant.
(2) If a petition is filed and denied under this subsection, the
Attorney General shall notify the petitioner of the decision and the
reasons for the denial and the way in which the petitioner may appeal
the decision.
(d) Period of Admission.--An alien classified as a nonimmigrant under
this section may be admitted for an initial period of not more than 3
years. The initial period may be extended for one or more periods, but
the total period of admission may not be more than 5 years (or 6 years
if the Attorney General decides there are extraordinary circumstances).
(e) Intention To Abandon Residence in a Foreign Country.--For
purposes of obtaining a visa or acquiring or maintaining the status of
a nonimmigrant classified under this section, the fact that an alien is
the beneficiary of an application for a preference status filed under
subchapter I of chapter 43 of this title or otherwise has sought
permanent residence in the United States is not evidence of an
intention to abandon a residence in a foreign country if the alien has
acquired a change of status under section 9108 of this title to a
classification as such a nonimmigrant before the alien's most recent
departure from the United States.
(f) Extension of Stay for Certain Nurses.--(1) The authorized period
of stay in the United States of a nonimmigrant described in paragraph
(2) of this subsection is extended through September 30, 1997.
(2) A nonimmigrant described in this paragraph is a nonimmigrant--
(A) who entered the United States as a nonimmigrant
classified under subsection (b)(1) of this section;
(B) who was in the United States after August 31, 1995, and
on September 30, 1996; and
(C) whose period of authorized stay has expired or would
expire before September 30, 1997, but for this subsection.
(3) This subsection does not extend the validity of any visa issued
to a nonimmigrant described in subsection (b)(1) of this section or to
authorize the re-entry of any individual outside the United States on
September 30, 1996.
(4) A nonimmigrant whose authorized period of stay is extended under
this subsection is not eligible to change employers in accordance with
section 214.2(h)(2)(i)(D) of title 8, Code of Federal Regulations, as
in effect on September 29, 1996.
(5) A nonimmigrant whose authorized period of stay is extended under
this subsection, and the spouse and child of such an immigrant, are
considered to have continued to maintain lawful status as a
nonimmigrant through September 30, 1997.
Sec. 2326. Aliens with information about criminal or terrorist
organizations
(a) General.--An alien is classifiable as a nonimmigrant under this
section if--
(1) the Attorney General decides that--
(A) the alien is in possession of critical reliable
information about a criminal organization or
enterprise;
(B) the alien is willing to supply or has supplied
that information to federal or state law enforcement
authorities or a federal or state court; and
(C) the presence of the alien in the United States is
essential to the success of an authorized criminal
investigation or the successful prosecution of an
individual involved in the criminal organization or
enterprise;
(2) the Secretary of State and the Attorney General jointly
decide that the alien--
(A) is in possession of critical reliable information
about a terrorist organization, enterprise, or
operation;
(B) is willing to supply or has supplied that
information to Government law enforcement authorities
or a federal court;
(C) will be or has been placed in danger as a result
of providing that information; and
(D) is eligible to receive a reward under section
36(a) of the State Department Basic Authorities Act of
1956 (22 U.S.C. 2708(a)); or
(3)(A) the alien is the spouse, son or daughter, or parent of
an alien described in clause (1) or (2) of this subsection
accompanying or following to join that alien; and
(B) the Attorney General (with respect to an alien described
in clause (1) of this subsection) or the Secretary and the
Attorney General jointly (with respect to an alien described in
clause (2) of this subsection) consider the nonimmigrant
classification of the spouse, son or daughter, or parent
appropriate.
(b) Numerical and Time Limitations.--(1) Not more than--
(A) 200 aliens may be provided a visa as a nonimmigrant
classified under subsection (a)(1) of this section in a fiscal
year; and
(B) 50 aliens may be provided a visa as a nonimmigrant
classified under subsection (a)(2) of this section in a fiscal
year.
(2) An alien classified as a nonimmigrant under subsection (a)(1) or
(2) of this section may be admitted to the United States for not more
than 3 years. The Attorney General may not extend the period of
admission.
(3) An alien classified as a nonimmigrant under subsection (a)(1) or
(2) of this section may not be admitted to the United States after
September 13, 1999.
(c) Alien Requirements.--As a condition of admission and continued
stay in lawful status, an alien classified as a nonimmigrant under
subsection (a)(1) or (2) of this section--
(1) shall report at least quarterly to the Attorney General
information concerning the alien's whereabouts and activities
the Attorney General requires;
(2) may not be convicted, after the alien is admitted to the
United States, of a criminal offense punishable by a term of
imprisonment of at least one year;
(3) must have executed a form waiving the alien's right to
contest, other than on the basis of an application for
withholding of removal, any action for removal of the alien
begun before the alien obtains lawful permanent resident
status; and
(4) shall comply with any other condition, limitation, or
restriction the Attorney General imposes.
(d) Report by Attorney General.--The Attorney General shall submit a
report annually to the Committees on the Judiciary of the House of
Representatives and the Senate on--
(1) the number of aliens classified as nonimmigrants under
subsection (a)(1) or (2) of this section and admitted to the
United States;
(2) the number of successful criminal prosecutions or
investigations resulting from the cooperation of those aliens;
(3) the number of terrorist acts prevented or frustrated
resulting from the cooperation of those aliens;
(4) the number of aliens classified as nonimmigrants under
subsection (a)(1) or (2) of this section and admitted to the
United States whose admission or cooperation has not resulted
in successful criminal prosecution or investigation or the
prevention or frustration of a terrorist act; and
(5) the number of aliens who have failed to report as
required under subsection (c)(1) of this section or who have
been convicted of crimes in the United States after the date of
their admission as nonimmigrants classified under subsection
(a)(1) or (2) of this section.
SUBCHAPTER II--SPECIAL REQUIREMENTS
Sec. 2351. Employer applications for aliens employed temporarily in
specialty occupations or as fashion models
(a) General.--An alien may be admitted as, or granted the status of,
a nonimmigrant classified under section 2313(a)(1) or (2) of this title
only after the employer intending to employ the alien files an
application with the Secretary of Labor stating the following:
(1) The employer--
(A) during the period of authorized employment, is
offering and will offer the nonimmigrant wages that,
based on the best information available at the time the
application is filed, are at least the greater of--
(i) the actual wage level paid by the
employer to all other individuals with similar
experience and qualifications for the specific
employment in question; or
(ii) the prevailing wage level of the
occupational classification in the area of
employment; and
(B) will provide working conditions for the
nonimmigrant that will not adversely affect the working
conditions of workers similarly employed.
(2) There is no strike or lockout during a labor dispute in
the occupational classification at the place of employment.
(3) At the time the application was filed, the employer--
(A) provided notice of the filing of an application
under this subsection to the bargaining representative
of the employer's employees in the occupational
classification and area for which aliens are sought; or
(B) if there is no bargaining representative, posted
notice of the filing in conspicuous locations at the
place of employment.
(4) There is a specification of the number of workers sought,
the occupational classification in which the workers will be
employed, and wage rate and conditions under which they will be
employed.
(b) Public Availability of Applications and Application Lists.--(1)
Not later than one working day after the date on which an application
under this subsection is filed, the employer shall make available for
public examination at the employer's principal place of business or
worksite a copy of each application filed under subsection (a) of this
section and necessary accompanying documentation.
(2) On a current basis and by employer and occupational
classification, the Secretary shall compile a list of the applications
filed. That list shall include the wage rate, number of aliens sought,
period of intended employment, and the date of need. The Secretary
shall make that list available for public examination in the District
of Columbia.
(c) Secretarial Review of Applications.--The Secretary shall review
an application only for completeness and obvious inaccuracies. Unless
the Secretary finds that the application is incomplete or obviously
inaccurate, the Secretary shall make the certification described in
section 2313(a)(1)(C) or (2)(B) of this title not later than 7 days
after the date the application is filed.
(d) Failure To Meet Application Conditions and Misrepresentations.--
(1) The Secretary shall establish a procedure for receiving,
investigating, and disposing of complaints about a petitioner's failure
to meet a condition specified by an application submitted under
subsection (a) of this section or a petitioner's misrepresentation of a
material fact in that application. An aggrieved person (including a
bargaining representative) may file a complaint under this subsection
but the complaint must be filed not later than 12 months after the date
of the failure or misrepresentation. The Secretary shall conduct an
investigation as provided in this subsection if there is reasonable
cause to believe that a failure or misrepresentation has occurred.
(2) Not later than 30 days after the date a complaint is filed, the
Secretary shall decide whether a reasonable basis exists to make a
finding under paragraph (3) or (4) of this subsection. If the Secretary
decides that a reasonable basis exists, the Secretary shall provide
interested parties notice and an opportunity for a hearing under
section 556 of title 5 about the complaint not later than 60 days after
deciding that a reasonable basis exists. If a hearing is requested, the
Secretary shall make a finding about the complaint not later than 60
days after the date of the hearing. The Secretary may consolidate
hearings on similar complaints about the same applicant.
(3) If the Secretary finds, after notice and an opportunity for a
hearing under paragraph (2) of this subsection, that there has been a
failure to meet a condition of subsection (a)(2) of this section, a
substantial failure to meet a condition described in subsection (a)(3)
or (4) of this section, a willful failure to meet a condition of
subsection (a)(1) of this section, or misrepresentation of a material
fact in an application--
(A) the Secretary shall notify the Attorney General of that
finding and may impose administrative remedies the Secretary
decides are appropriate, including a civil penalty of not more
than $1,000 for each violation; and
(B) the Attorney General may not approve a petition filed by
the employer under any of sections 2313-2319 or 2325 of this
title or subchapter I of chapter 43 for at least one year.
(4) If the Secretary finds after notice and an opportunity for a
hearing under paragraph (2) of this subsection that an employer has not
paid wages at the wage level specified under the application and
required under subsection (a)(1) of this section, the Secretary shall
order the employer to provide back pay required to comply with
subsection (a)(1) whether or not a penalty has been imposed under
paragraph (3) of this subsection.
Sec. 2352. Advisory opinions for aliens with extraordinary ability or
with distinction in the arts, motion pictures, or
television
(a) General Requirements.--(1) The Attorney General may approve a
petition--
(A) for an alien described in section 2318(a)(1)(A)(i) or
(ii) of this title, only after the petitioner consults with a
peer group or other person (including a labor organization) the
petitioner chooses with expertise in the specific field
involved by submitting with the petition an advisory opinion
from that group or person;
(B) for an alien described in section 2318(a)(2)(A)-(C)(i) of
this title, only after the petitioner consults with a labor
organization with expertise in the area of the skills and
experience involved by submitting with the petition an advisory
opinion from that labor organization; or
(C) for an alien described in section 2318(a)(1)(A)(iii) or
(2)(C)(ii) of this title, after consulting with the appropriate
labor organization representing the alien's occupational peers
and a management organization in the area of the alien's
ability.
(2) An opinion by a labor organization or management organization
about an alien referred to in paragraph (1)(C) of this subsection is
coming to the United States for a motion picture or television
production is advisory only. An opinion recommending denial of an
application for that alien must be in writing. In making a decision on
the petition, the Attorney General shall consider the exigencies and
scheduling of the production. The Attorney General shall attach any
advisory opinion to that decision.
(3)(A) If a petitioner does not submit an advisory opinion from an
appropriate labor organization as required by paragraph (1)(A) or (B)
of this subsection, the Attorney General shall forward a copy of the
petition and supporting documents to the national office of an
appropriate labor organization not later than 5 days after receiving
the petition. If the employer's employees in the occupational
classification for which the alien is being sought have a collective
bargaining representative, that representative is the appropriate labor
organization.
(B) A person or labor organization receiving a copy of a petition as
provided in subparagraph (A) of this paragraph has not more than 15
days after receiving the petition to submit a written advisory opinion
or provide a letter stating that the person or organization has no
objection. At the end of the 15-day period, the Attorney General shall
give the petitioner an opportunity, when appropriate, to provide
rebuttal evidence. The Attorney General shall act on the petition not
later than 14 days after the end of the 15-day period, or if rebuttal
evidence is provided, not later than 14 days after receiving that
evidence. The Attorney General may shorten a time period under this
paragraph for emergency reasons unless the shorter period is an
unreasonable burden on a participant in the process.
(4) If a petitioner referred to in paragraph (1)(A) or (B) of this
subsection establishes that an appropriate peer group (including a
labor organization) does not exist, the Attorney General shall act on
the petition without requiring an advisory opinion.
(5) The Attorney General shall prescribe regulations to establish
expedited consultation procedures for nonimmigrant--
(A) artists and entertainers described in section 2318 of
this title to accommodate the exigencies and scheduling of a
given production or event; and
(B) athletes described in section 2318(a)(1) of this title in
the case of emergency circumstances, including trades during a
season.
(6) Consultation with a nongovernmental entity does not authorize the
Attorney General to delegate authority under this subsection to a
nongovernmental entity. The Attorney General shall give advisory
opinions under this subsection the weight the Attorney General decides,
in the Attorney General's sole discretion, is appropriate.
(b) Waivers.--The Attorney General shall prescribe regulations to
provide for the waiver of the consultation requirement under subsection
(a)(1)(A) of this section for an alien admitted to the United States as
a nonimmigrant classified under section 2318(a)(1)(A)(ii) of this title
because of distinction in the arts and who is seeking to be readmitted
to perform similar services within 2 years after the date of a
consultation under subsection (a)(1)(A) of this section. Not later than
5 days after a waiver is provided, the Attorney General shall forward a
copy of the petition and supporting documents to the national office of
the appropriate labor organization.
Sec. 2353. Advisory opinions for athletes and entertainers
(a) General Requirements.--(1) The Attorney General may approve a
petition for an alien described in--
(A) section 2319(a)(1)(A), (B), or (D) of this title, only
after the petitioner consults with a labor organization with
expertise in the specific field of athletics or entertainment
involved by submitting with the petition an advisory opinion
from that labor organization; or
(B) section 2319(a)(1)(C) of this title, only after
consultation with labor organizations representing artists and
entertainers in the United States.
(2) If a petitioner does not submit an advisory opinion from an
appropriate labor organization required by paragraph (1)(A) of this
subsection, the Attorney General shall forward a copy of the petition
and supporting documents to the national office of an appropriate labor
organization not later than 5 days after receiving the petition. If the
employer's employees in the occupational classification for which the
alien is being sought have a collective bargaining representative, that
representative is the appropriate labor organization.
(3) A person or labor organization receiving a copy of a petition as
provided in paragraph (2) of this subsection has not more than 15 days
after receiving the petition to submit a written advisory opinion or
provide a letter stating that the person or organization has no
objection. At the end of the 15-day period, the Attorney General shall
give the petitioner an opportunity, when appropriate, to provide
rebuttal evidence. The Attorney General shall act on the petition not
later than 14 days after the end of the 15-day period, or if rebuttal
evidence is provided, not later than 14 days after receiving that
evidence. The Attorney General may shorten a time period under this
paragraph for emergency reasons unless the shorter period is an
unreasonable burden on a participant in the process.
(4) If a petitioner referred to in paragraph (1)(A) of this
subsection establishes that an appropriate peer group (including a
labor organization) does not exist, the Attorney General shall act on
the petition without requiring an advisory opinion.
(5) The Attorney General shall prescribe regulations to establish
expedited consultation procedures for nonimmigrant--
(A) artists and entertainers under section 2319 of this title
to accommodate the exigencies and scheduling of a given
production or event; and
(B) athletes described in section 2319(a)(1)(A) of this title
in the case of emergency circumstances, including trades during
a season.
(6) Consultation with a nongovernmental entity does not authorize the
Attorney General to delegate authority under this subsection to a
nongovernmental entity. The Attorney General shall give advisory
opinions under this subsection the weight the Attorney General decides,
in the Attorney General's sole discretion, is appropriate.
(b) Waivers and Nonapplication.--(1) The Attorney General may waive--
(A) in consideration of special circumstances, the
international recognition requirement of section
2319(a)(1)(B)(i) of this title for an entertainment group that
is recognized nationally as being outstanding in its discipline
for a sustained and substantial period of time; and
(B) the one-year relationship requirement of section
2319(a)(1)(B)(ii) of this title for an alien who--
(i) replaces an essential member of the group,
because of illness or unanticipated or exigent
circumstances; or
(ii) augments the group by performing a critical
role.
(2) The one-year relationship requirement of section
2319(a)(1)(B)(ii) of this title does not apply to 25 percent of the
performers in a group.
(3) The requirements of section 2319(a)(1)(B)(i) and (ii) of this
title do not apply to an alien who performs as part of a circus or
circus group or who is an integral and essential part of the
performance of that circus or group, but only if the alien is coming to
the United States to join a circus that has been recognized nationally
as outstanding for a sustained and substantial period of time or as
part of such a circus.
SUBCHAPTER III--MISCELLANEOUS
Sec. 2371. Information on foreign students and other exchange program
participants
(a) Definitions.--In this section--
(1) ``approved institution of higher education'' means a
college or university the Attorney General approves, in
consultation with the Secretary of Education, under section
2310(b) or 2311(b) of this title.
(2) ``designated exchange visitor program'' means a program
that has been--
(A) designated by the Director of the United States
Information Agency for purposes of section
2312(a)(1)(C) of this title; and
(B) selected by the Attorney General for purposes of
the information collection program described in
subsection (b) of this section.
(b) General.--(1) In consultation with the Secretaries of State and
Education, the Attorney General shall develop and carry out a program
to collect the information described in subsection (c) of this section
from approved institutions of higher education and designated exchange
visitor programs in the United States with respect to each alien who--
(A) has the status, or is applying for the status, of a
nonimmigrant classified under section 2310, 2311, or 2312 of
this title; and
(B) is a national of a country the Attorney General
designates under paragraph (2) of this subsection.
(2) In consultation with the Secretary of State, the Attorney General
shall initially designate at least 5 countries for purposes of
paragraph (1)(B) of this subsection and may designate additional
countries at any time while the information collection program under
this section is being carried out.
(3) The Family Educational Rights and Privacy Act of 1974 (20 U.S.C.
1232g) does not apply to aliens described in paragraph (1) of this
subsection to the extent the Attorney General determines necessary to
carry out the information collection program under this section.
(c) Information To Be Collected.--(1) The following information shall
be collected under subsection (b) of this section for each alien
described in subsection (b)(1) of this section:
(A) the identity and current address in the United States of
the alien.
(B) the nonimmigrant classification of the alien.
(C) the date on which--
(i) a visa under that classification was issued or
extended; or
(ii) the Attorney General approved a change to that
classification.
(D) in the case of a student at an approved institution of
higher education--
(i) the current academic status of the alien,
including whether the alien is maintaining status as a
full-time student; and
(ii) any disciplinary action taken by the institution
against the alien as a result of the alien's being
convicted of a crime.
(E) in the case of a participant in a designated exchange
visitor program--
(i) whether the alien is satisfying the terms of that
program; and
(ii) any change in the alien's participation as a
result of the alien's being convicted of a crime.
(2) The information described in paragraph (1) of this subsection
shall be collected electronically, where practicable.
(3) To the extent practicable, the Attorney General shall--
(A) design the information collection program under this
section in a way that permits approved institutions of higher
education and designated exchange visitor programs to use
existing software for the collection, storage, and data
processing of information described in paragraph (1) of this
subsection; and
(B) use or enhance existing software for the collection,
storage, and data processing of information described in
paragraph (1) of this subsection.
(d) Participation by Institutions of Higher Education and Exchange
Visitor Programs.-- (1) The information described in subsection (c) of
this section shall be provided by--
(A) an approved institution of higher education as a
condition of the continued approval of the institution under
section 2310 or 2311 of this title; and
(B) an approved institution of higher education or a
designated exchange visitor program as a condition of the
granting of authority to the institution or program to issue
documents to an alien demonstrating the alien's eligibility for
a visa under section 2310, 2311, or 2312 of this title.
(2) If an approved institution of higher education or a designated
exchange visitor program fails to provide the specified information,
the approvals and authority to issue documents referred to in paragraph
(1) of this subsection shall be revoked or denied.
(e) Fees.--(1) An approved institution of higher education and a
designated exchange visitor program shall charge and collect a fee in
the amount the Attorney General establishes under paragraph (4) of this
subsection from each alien--
(A) who has the status of a nonimmigrant classified under
section 2310, 2311, or 2312 of this title (other than a
nonimmigrant classified under section 2312 who has come to the
United States as a participant in a program sponsored by the
Federal Government); and
(B) for whom the institution or program is required by
subsection (b) of this section to collect information.
(2) The institution or program shall collect the fee required under
this subsection when--
(A) the alien first registers with the institution or program
after entering the United States; or
(B) in a case where a registration referred to in
subparagraph (A) of this paragraph does not exist, the alien
first begins activities in the United States with the
institution or program.
(3) Each institution and program shall remit the fees collected under
paragraph (1) of this subsection to the Attorney General under a
schedule established by the Attorney General.
(4)(A) The Attorney General shall establish the amount of the fee
required under this subsection. The amount of the fee shall be based on
the Attorney General's estimate of the cost per alien of carrying out
the information collection program under this section. Except as
provided in subsection (g)(3) of this section, the fee imposed on any
individual may not be more than $100.
(B) Fees collected under this subsection shall be deposited as
offsetting receipts into the Immigration Examinations Fee Account
established under section 346 of this title. The amounts deposited
remain available until expended by the Attorney General to reimburse
any appropriation by the amount paid from that appropriation for
expenses in carrying out this section.
(f) Report.--Not later than 4 years after the beginning of the
information collection program under this section, the Attorney General
and the Secretaries of State and Education shall jointly submit to the
Committees on the Judiciary of the Senate and the House of
Representatives a report on the operations of the program and the
feasibility of expanding the program to cover the nationals of all
countries.
(g) Worldwide Expansion of Program.--(1) Not later than 6 months
after the submission of the report required by subsection (f) of this
section, the Attorney General, in consultation with the Secretaries of
State and Education, shall begin expansion of the information
collection program under this section to cover the nationals of all
countries.
(2) The expansion shall be completed not later than one year after
the submission of the report required by subsection (f) of this
section.
(3) After the program has been expanded, the Attorney General may
revise, on a periodic basis, the amount of the fee charged and
collected under subsection (e) of this section to take into account
changes in the cost of carrying out the program.
(h) Deadline.--The information collection program under this section
shall begin not later than January 1, 1998.
Sec. 2372. Transportation costs payable by employers of certain
nonimmigrants
(a) Nonimmigrants Classified Under Section 2313(a)(1) or (2) or
2315(a)(1).--If the employer of an alien who has the status of a
nonimmigrant classified under section 2313(a)(1) or (2) or 2315(a)(1)
of this title dismisses the alien from employment before the end of the
period of authorized admission, the employer is liable for the
reasonable costs of return transportation of the alien.
(b) Nonimmigrants Classified Under Section 2318 or 2319.--If the
employment of an alien who is admitted to the United States as a
nonimmigrant classified under section 2318 or 2319 of this title ends
for reasons other than voluntary resignation, the employer whose offer
of employment provided the basis of the nonimmigrant status of the
alien and the petitioner are jointly and severally liable for the
reasonable costs of return transportation of the alien. The petitioner
shall provide satisfactory assurance to the Attorney General that the
reasonable costs of that transportation will be provided.
CHAPTER 25--TEMPORARY AGRICULTURAL WORKERS
Sec.
2501. Definitions.
2502. Certification requirements.
2503. Applications for certification.
2504. Conditions for issuing certifications.
2505. Associations of agricultural producers.
2506. Housing.
2507. Expedited administrative review.
2508. Disqualification of aliens for violating conditions of prior
admission.
2509. Enforcement authority of the Secretary of Labor.
2510. Endorsement of entry and exit documentation.
2511. Preemption of state and local law.
2512. Biennial reports.
2513. Approval of regulations.
2514. Authorization of appropriations.
Sec. 2501. Definitions
In this chapter--
(1) ``temporary agricultural worker'' means a nonimmigrant
classified under section 2314 of this title.
(2) ``United States worker'' means an individual who is not
an unauthorized alien (as defined in section 11101 of this
title) with respect to particular employment.
Sec. 2502. Certification requirements
(a) Requirements.--Before the Attorney General approves a petition
filed under section 2314 of this title by a prospective employer of an
alien to be employed as a temporary agricultural worker, the employer
must apply to the Secretary of Labor for a certification that--
(1) there are not sufficient United States workers who are
able, willing, and qualified, and who will be available at the
time and place needed, to perform the labor or services
described in the petition; and
(2) employment of the alien to provide the labor or services
will not affect adversely the wages and working conditions of
United States workers similarly employed.
(b) Regulations.--The Secretary shall maintain regulations based on
the findings the Secretary was required to make under section
218(c)(3)(B)(iii) of the Immigration and Nationality Act after
considering the findings of the report mandated by section 403(a)(4)(D)
of the Immigration Reform and Control Act of 1986 (Public Law 99-603,
100 Stat. 3441) as well as other relevant materials, including evidence
of benefits to United States workers and costs to employers, addressing
the advisability of continuing a policy which requires an employer, as
a condition for certification under this section, to continue to accept
qualified, eligible United States workers for employment after the date
temporary agricultural workers depart for work with the employer.
Sec. 2503. Applications for certification
(a) Deadline for Filing.--The Secretary of Labor may not require that
an application for a certification under section 2502 of this title be
filed more than 60 days before the first date the employer requires the
labor or services of a temporary agricultural worker.
(b) Notice of Deficiencies.--If an application does not meet the
conditions for issuing a certification (except the conditions specified
by section 2502(a)(1) of this title), the Secretary shall--
(1) notify the employer in writing not later than 7 days
after the application is filed, giving the reasons the
application does not meet the conditions; and
(2) allow the employer to submit promptly an amended
application.
(c) Fee.--The Secretary may prescribe by regulation a fee to cover
the reasonable costs of processing an application for certification.
Sec. 2504. Conditions for issuing certifications
Not later than 20 days before the labor or services of a temporary
agricultural worker are first required, the Secretary of Labor shall
issue a certification under section 2502 of this title if the following
conditions are met:
(1) The conditions specified by section 2502(a) of this title
are met.
(2) The employer has complied with the requirements for
certification, including requirements the Secretary prescribes
for recruiting United States workers.
(3) The Secretary concludes that the employer has made
positive recruitment efforts within a multi-state region of
traditional or expected labor supply in which the Secretary
finds there are a significant number of qualified United States
workers who, if recruited, would be willing to work at the time
and place needed. Positive recruitment under this paragraph is
in addition to, and shall be conducted within the same time
period as, the circulation of the employer's job offer through
the interstate employment service system. The requirement to
engage in positive recruitment ends on the date the temporary
agricultural workers depart for the employer's place of
employment.
(4) The employer does not have, or has not been provided with
referrals of, qualified United States workers who have
indicated their availability to perform the labor or services
on the terms of a job offer meeting the Secretary's
requirements. In considering whether a specific qualification
in a job offer is appropriate, the Secretary shall apply the
normal and accepted qualifications required by employers not
employing temporary agricultural workers in the same or
comparable occupations and crops.
(5) The employer has provided the Secretary with satisfactory
assurances that if the employment for which the certification
is sought is not covered by a state workers' compensation law,
the employer will provide, at no cost to the worker, insurance
covering injury and disease arising out of and during the
worker's employment that will provide benefits at least equal
to those provided under the state workers' compensation law for
comparable employment.
(6) There is no strike or lockout during a labor dispute
that, under regulations prescribed by the Secretary, precludes
the certification.
(7) The employer employed temporary agricultural workers
during the prior 2 years, and the Secretary, after notice and
an opportunity for a hearing, has not found that the employer
during that period substantially violated a material condition
of the certification related to the employment of nonimmigrant
or United States workers. The Secretary may decide not to
approve a certification for not more than 3 years for an
employer who commits a violation described in this paragraph.
Sec. 2505. Associations of agricultural producers
(a) Permitted Filings.--An association of agricultural producers
using agricultural services may file--
(1) a petition under section 2314(b) of this title for an
alien to be employed as a temporary agricultural worker; and
(2) an application for a certification under section 2502 of
this title.
(b) Associations Acting as Employers.--If an association referred to
in subsection (a) of this section is the joint or sole employer of a
temporary agricultural worker, a certification issued under section
2502 of this title to the association may be used for the certified job
opportunities of any of the members of the association. The worker may
be transferred among the members to perform agricultural services of a
temporary or seasonal nature for which the certification was issued.
(c) Effect of Violations.--(1) If a member of an association that is
a joint employer of a temporary agricultural worker is found to have
committed a violation that results in the Secretary of Labor deciding
not to approve a certification of the member because the condition
under section 2504(7) of this title has not been met, the decision
applies only to that member unless the Secretary decides that the
association or another member participated in, or knew or had reason to
know of, the violation.
(2) If an association that is a joint employer is found to have
committed a violation that results in the Secretary deciding not to
approve a certification of the association because the condition under
section 2504(7) of this title has not been met, the decision applies
only to the association unless the Secretary decides that a member
participated in, or knew or had reason to know of, the violation.
(3) If an association, certified as the sole employer of a temporary
agricultural worker, is found to have committed a violation that
results in the Secretary deciding not to approve a certification of the
association because the condition under section 2504(7) of this title
has not been met, a member of the association, during the period the
decision is in effect, may not be the beneficiary of the services of
temporary agricultural workers in the commodity and occupation in which
the worker was employed by the association whose certification was not
approved, unless the member employs the workers in the commodity and
occupation directly or through an association that is a joint employer
of the workers with the member.
Sec. 2506. Housing
(a) Requirement.--An employer shall provide housing for temporary
agricultural workers as provided by regulations prescribed by the
Secretary of Labor.
(b) Regulations.--(1) Regulations prescribed under this section shall
allow the employer, at the employer's option, to provide housing
meeting applicable standards of the Federal Government for temporary
labor camps or to secure housing that meets applicable local standards
for rental or public accommodations or other substantially similar
class of habitation. In the absence of applicable local standards,
state standards for those accommodations or that class of habitation
shall apply. In the absence of applicable local and state standards,
standards of the Government for temporary labor camps shall apply.
(2) The regulations shall include specific requirements about housing
for employees principally engaged in the range production of livestock.
(3) When the prevailing practice in the area and occupation of
intended employment is to provide family housing, the employer shall
provide family housing to workers with families requesting it.
(c) Exception.--This section does not require an employer to provide
housing for workers not entitled to it under the temporary labor
certification regulations in effect on June 1, 1986.
Sec. 2507. Expedited administrative review
(a) Procedure for Expedited Review.--Regulations prescribed by the
Secretary of Labor under this chapter shall provide for an expedited
procedure for a review of a decision of the Secretary not to approve or
to revoke a certification or, at the applicant's request, a new hearing
on the decision.
(b) Decisions on Availability of United States Workers.--(1) The
Secretary shall make a new decision about an application for
certification under section 2502 of this title expeditiously, but not
later than 72 hours after the time the new decision is requested, if
the certification originally was not approved in any part because of
the availability of able, willing, and qualified United States workers
and they are not available at the time the labor or services are
needed.
(2) An employer asserting that a United States worker referred to the
employer is not able, willing, or qualified has the burden of proving
that the worker is not able, willing, or qualified because of
employment-related reasons.
Sec. 2508. Disqualification of aliens for violating conditions of prior
admission
An alien may not be admitted to the United States as a temporary
agricultural worker if, during the prior 5 years, the alien was
admitted as a temporary agricultural worker and violated a term of that
admission.
Sec. 2509. Enforcement authority of the Secretary of Labor
The Secretary of Labor may take actions necessary to ensure that
employers comply with the terms of employment under this chapter,
including--
(1) imposing appropriate penalties; and
(2) seeking appropriate equitable relief, including specific
performance of contractual obligations.
Sec. 2510. Endorsement of entry and exit documentation
The Attorney General shall provide for the endorsement of entry and
exit documentation of temporary agricultural workers necessary to carry
out this chapter and to provide notice under chapter 111 of this title.
Sec. 2511. Preemption of state and local law
This chapter and sections 2101 and 2314 of this title preempt state
and local law regulating the admissibility of nonimmigrant workers.
Sec. 2512. Biennial reports
(a) Reporting Requirement.--Not later than November 6 of each even-
numbered year, the President shall submit a report on the temporary
agricultural worker program under this chapter to the Committees on the
Judiciary of the Senate and the House of Representatives. The report
shall include--
(1) the number of temporary agricultural workers permitted to
be employed under the program in each year;
(2) the compliance of employers and temporary agricultural
workers with the terms of the program;
(3) the impact of the program on the labor needs of United
States agricultural employers and on the wages and working
conditions of United States agricultural workers; and
(4) recommendations for changing the program, including--
(A) improving the timeliness of decisions about the
admission of temporary agricultural workers under the
program;
(B) removing any economic disincentive to hiring
United States workers for jobs for which temporary
agricultural workers have been requested;
(C) improving cooperation among government agencies,
employers, employer associations, workers, unions, and
other worker associations to end the dependence of any
industry on a constant supply of temporary agricultural
workers; and
(D) the relative benefits to United States workers
and burdens on employers of the policy of requiring
employers, as a condition for certification under the
program, to continue to accept qualified United States
workers for employment after the date the temporary
agricultural workers depart for work with the employer.
(b) Recommendations Consistent With Policy.--The recommendations
under subsection (a)(4)(D) of this section shall be made in furtherance
of the policy that aliens be admitted as temporary agricultural workers
only if the conditions specified by section 2502(a) of this title are
satisfied.
Sec. 2513. Approval of regulations
In consultation with the Secretaries of Labor and Agriculture, the
Attorney General shall approve all regulations prescribed under this
chapter and section 2314 of this title.
Sec. 2514. Authorization of appropriations
(a) General Authorizations.--Necessary amounts may be appropriated
each fiscal year to--
(1) the Secretary of Labor to make findings and issue
certifications under this chapter and section 4104(g)(2) of
this title; and
(2) the Secretary of Agriculture to carry out the Secretary's
duties and powers under section 2314 of this title related to
this chapter.
(b) Specific Authorizations.--Not more than $10,000,000 may be
appropriated each fiscal year--
(1) to recruit United States workers for temporary labor and
services that otherwise might be performed by temporary
agricultural workers; and
(2) to monitor the terms under which temporary agricultural
workers and United States workers employed by the same employer
are employed in the United States.
CHAPTER 27--ALIEN CREWMEMBERS
SUBCHAPTER I--GENERAL
Sec.
2701. Providing lists.
2702. Reports on unlawful landings.
2703. Conditional permits to land temporarily.
2704. Control of alien crewmembers.
2705. Alien crewmembers afflicted with certain disabilities and
diseases.
2706. Discharging alien crewmembers.
SUBCHAPTER II--LONGSHORE WORK
2721. Definition and application.
2722. General.
2723. Prevailing practice.
2724. Reciprocity.
2725. Longshore work in Alaska.
SUBCHAPTER I--GENERAL
Sec. 2701. Providing lists
(a) On Arrival.--Except as provided in subsection (c) of this
section, when a vessel or aircraft arrives in the United States from a
place outside the United States, the owner, agent, master, commanding
officer, or consignee of the vessel or aircraft shall give an
immigration officer at the port of arrival a list containing--
(1)(A) the name and position of each alien crewmember on the
vessel or aircraft;
(B) information on when and where each alien crewmember was
shipped or employed; and
(C) the name of each alien crewmember who is to be paid off
or discharged in the port of arrival; or
(2) information the Attorney General prescribes by
regulation.
(b) On Departure.--Except as provided in subsection (c) of this
section, before a vessel or aircraft departs from a port in the United
States, the owner, agent, master, commanding officer, or consignee of
the vessel or aircraft shall give an immigration officer at the port a
list containing--
(1) the name of each alien crewmember--
(A) not employed on the vessel or aircraft when it
arrived but who is leaving on the vessel or aircraft;
(B) paid off or discharged at the port; or
(C) who deserted or landed at the port; or
(2) information the Attorney General prescribes by
regulation.
(c) Exception.--The Attorney General shall prescribe when a list
under this section shall be given for a vessel operating only on the
Great Lakes, the Saint Lawrence River, and a connecting waterway.
(d) Regulations on Arrival and Departure.--The Attorney General may
prescribe by regulation when a vessel or aircraft is deemed under this
chapter to be arriving in, or departing from, the United States or a
port of the United States.
Sec. 2702. Reports on unlawful landings
As soon as it is discovered that an alien crewmember has landed
unlawfully in the United States from a vessel or aircraft, the owner,
agent, master, commanding officer, or consignee of the vessel or
aircraft shall--
(1) report the unlawful landing in writing to an immigration
officer; and
(2) give the immigration officer a description of the
crewmember and information likely to lead to taking the
crewmember into custody.
Sec. 2703. Conditional permits to land temporarily
(a) General Requirement.--An alien crewmember may land temporarily in
the United States only as provided under this section or section
2705(b), 6121, or 6122 of this title.
(b) Authority To Issue Permits.--Under regulations the Attorney
General prescribes, an immigration officer may issue an alien
crewmember a conditional permit to land temporarily in the United
States if the officer finds, after inspection, that the crewmember--
(1) is a nonimmigrant classified under section 2305 of this
title;
(2) otherwise is admissible; and
(3) has agreed to accept the permit.
(c) Period of Validity.--A permit issued under subsection (b) of this
section is valid for not more than--
(1) the period (but not more than 29 days) that the vessel or
aircraft on which the alien crewmember arrived remains in port
if the immigration officer is satisfied the crewmember intends
to leave on that vessel or aircraft; or
(2) 29 days if the immigration officer is satisfied the
crewmember intends to leave on another vessel or aircraft
within the period for which the crewmember is allowed to land.
(d) Revocation.--(1) If an alien is issued a permit for a period
under subsection (c)(1) of this section, and an immigration officer
then decides the alien is not a crewmember or does not intend to leave
on the vessel or aircraft on which the alien arrived, the immigration
officer, under regulations prescribed by the Attorney General, may--
(A) revoke the permit;
(B) take the alien into custody; and
(C) if practicable, require the master or commanding officer
of the vessel or aircraft on which the alien arrived to detain
the alien on the vessel or aircraft.
(2) The owner of the vessel or aircraft on which an alien, detained
under paragraph (1)(C) of this subsection, arrived in the United States
shall pay the costs of detaining and removing the alien.
(3) An alien detained under paragraph (1)(C) of this subsection is
not entitled to a removal proceeding under section 6704 of this title.
Sec. 2704. Control of alien crewmembers
(a) Detention and Removal.--The owner, agent, master, commanding
officer, charterer, or consignee of a vessel or aircraft arriving in
the United States from a place outside the United States shall--
(1) detain an alien crewmember on the vessel, or, at the
expense of the aircraft owner, detain an alien crewmember of an
aircraft at a place an immigration officer designates, until--
(A) an immigration officer inspects, and a medical
officer examines, the alien crewmember; and
(B) the alien crewmember is--
(i) issued a conditional permit to land
temporarily under section 2703(b) of this
title; or
(ii) allowed to land temporarily under
section 2705(b) or 6121 of this title for
medical or hospital treatment; and
(2) remove an alien crewmember if required by an immigration
officer, whether before or after the crewmember is allowed to
land temporarily under section 2703(b), 2705(b), or 6121 of
this title.
(b) Proof of Failure To Detain or Remove.--Except as the Attorney
General prescribes by regulation, proof that the name of an alien
crewmember is not on the outgoing manifest of the vessel or aircraft on
which the crewmember arrived in the United States from a place outside
the United States, or that the master or commanding officer of the
vessel or aircraft reported the crewmember as a deserter, is prima
facie evidence of the failure to detain or remove the crewmember.
(c) Removal on Another Vessel or Aircraft.--(1) If the Attorney
General finds that removing an alien crewmember under this section on
the vessel or aircraft on which the crewmember arrived is impracticable
or will cause unreasonable hardship to the crewmember, the Attorney
General may require the crewmember to be removed from any port on
another vessel or aircraft of the same owner unless the Attorney
General finds removal on such a vessel or aircraft to be impracticable.
The owner of the vessel or aircraft on which the crewmember arrived
shall pay the costs of removing the crewmember as required by this
subsection, including the costs of transferring the crewmember within
the United States under conditions the Attorney General prescribes. The
vessel or aircraft may be cleared only after the costs are paid or the
Attorney General is satisfied that payment is guaranteed.
(2) A transfer under this subsection is not a landing under this
title.
Sec. 2705. Alien crewmembers afflicted with certain disabilities and
diseases
(a) Employment Prohibitions.--An alien crewmember afflicted with
feeble-mindedness, insanity, epilepsy, tuberculosis, leprosy, or a
dangerous contagious disease may not be employed on a vessel or
aircraft carrying passengers when the vessel or aircraft arrives in the
United States from a place outside the United States.
(b) Hospitalization and Observation.--An alien crewmember found on
arrival at a port in the United States to be afflicted with feeble-
mindedness, insanity, epilepsy, tuberculosis, leprosy, or a dangerous
contagious disease shall be treated in a hospital designated by the
immigration officer in charge of the port. An alien crewmember
suspected of being afflicted may be removed from the vessel or aircraft
on which the alien crewmember arrived to an appropriate place for
observation to enable an examining medical officer to decide whether
the crewmember is afflicted.
(c) Payment of Costs.--The owner, agent, master, commanding officer,
or consignee of the vessel or aircraft on which the alien crewmember
arrived shall pay all costs incurred under subsection (b) of this
section, including burial if the crewmember dies. The costs may not be
deducted from the wages of the crewmember. The vessel or aircraft may
be cleared only after the costs are paid or payment is guaranteed and
the Secretary of the Treasury is notified by the immigration officer in
charge of the port.
(d) Returning an Incurable Crewmember.--When the immigration officer
in charge of the port is satisfied that a crewmember hospitalized under
subsection (b) of this section cannot be cured within a reasonable
time, the owner of the vessel or aircraft on which the crewmember
arrived shall return the crewmember or pay the costs of returning the
crewmember under conditions the Attorney General prescribes to ensure
that the crewmember is cared for properly and the spread of contagious
disease is prevented.
Sec. 2706. Discharging alien crewmembers
A person may pay off or discharge an alien crewmember (except a
crewmember lawfully admitted for permanent residence) employed on a
vessel or aircraft arriving in the United States only with the consent
of the Attorney General.
SUBCHAPTER II--LONGSHORE WORK
Sec. 2721. Definition and application
(a) Definition.--In this subchapter, ``longshore work''--
(1) means an activity in the United States or the coastal
waters of the United States related to--
(A) loading or unloading cargo of a vessel, whether
or not integral to the vessel;
(B) operating cargo-related equipment; and
(C) handling mooring lines on the dock when the
vessel is made fast or let go; but
(2) does not include loading or unloading cargo for which the
Secretary of Transportation has prescribed regulations under
section 311 of the Federal Water Pollution Control Act (33
U.S.C. 1321), chapter 37 of title 46, section 5103(b), 5104,
5106, 5107, or 5110 of title 49, or section 4106 of the Oil
Pollution Act of 1990 (Public Law 101-380, 104 Stat. 513) on--
(A) handling or stowing that cargo;
(B) manning, and the duties, qualifications, and
training of the officers and crewmembers of, vessels
transporting that cargo; and
(C) reducing or eliminating discharge during
ballasting, tank cleaning, or handling of that cargo.
(b) Application.--This subchapter and section 10118 of this title do
not affect--
(1) the meaning or scope of longshore work under another
provision of law, a collective bargaining agreement, or an
international agreement; or
(2) the performance of longshore work by nationals of the
United States.
Sec. 2722. General
An alien crewmember may perform longshore work only as provided in
section 2723, 2724, or 2725 of this title.
Sec. 2723. Prevailing practice
(a) General.--(1) An alien crewmember performing a particular
activity of longshore work in or around a port is serving in a capacity
required for normal operation and service on a vessel under section
2305(a) of this title if--
(A) each collective bargaining agreement for that port
covering at least 30 percent of the employees performing
longshore work allows that activity to be performed by alien
crewmembers; or
(B)(i) there is no collective bargaining agreement for the
port covering at least 30 percent of the employees performing
longshore work; and
(ii) except as provided in paragraph (2) of this subsection,
an employer of the alien crewmember or the employer's
designated representative files an attestation described in
subsection (b)(1) of this section with the Secretary of Labor
at least 14 days before the date the activity will be performed
or, if necessary because of an unanticipated emergency, not
later than the date the activity will be performed.
(2) An employer must file an attestation under paragraph (1)(B)(ii)
of this subsection for a particular activity of longshore work
involving the use of an automated self-loading conveyor belt or vacuum-
actuated system on a vessel only if the Secretary finds under
subsection (f)(2) of this section that the particular activity of
longshore work is not an activity described in subsection (b)(1)(A) of
this section.
(b) Attestation Requirements.--(1) The attestation filed with the
Secretary under subsection (a) of this section shall provide evidence
that--
(A) the performance of the particular activity of longshore
work by an alien crewmember is allowed under the prevailing
practice at the port at the time of the filing and that the
alien crewmember is not being employed for that activity--
(i) during a strike or lockout in a labor dispute; or
(ii) to influence an election of a bargaining
representative for employees in the port; and
(B) the owner, agent, master, commanding officer, or
consignee has given notice of the attestation--
(i) to the bargaining representative of longshore
workers at the port; or
(ii) if there is no bargaining representative, to the
longshore workers employed at the port.
(2) An attestation--
(A) expires at the end of the one-year period beginning on
the date it is filed under subsection (a) of this section; and
(B) applies to alien crewmembers arriving in the United
States during that period if the owner, agent, master,
commanding officer, or consignee states in each list provided
under section 2701 of this title that the employer continues to
comply with the conditions in the attestation.
(3) An owner, agent, master, commanding officer, or consignee may
provide a single list under section 2701 of this title to meet the
requirements of paragraph (2)(B) of this subsection for more than one
alien crewmember.
(c) Public Information.--The Secretary shall compile and make
available for public examination in a timely way in the District of
Columbia--
(1) information identifying each owner, agent, master,
commanding officer, and consignee that has filed a list under
section 2701 of this title for an alien crewmember classified
as a nonimmigrant under section 2305(a) of this title for whom
an attestation under subsection (a) of this section or section
2725(b) of this title is filed; and
(2) for each employer a copy of--
(A) the attestation and accompanying documentation;
and
(B) each list filed for the employer under section
2701 of this title and described in clause (1) of this
subsection.
(d) Complaints.--(1) Any aggrieved person, including a bargaining
representative, association the Secretary decides is appropriate, or
other aggrieved person as provided under regulations of the Secretary,
may file a complaint--
(A) about an employer's failure to meet conditions stated in
an attestation filed under subsection (a) of this section;
(B) about an employer's misrepresentation of a material fact
in the attestation; or
(C) for longshore work described in subsection (a)(2) of this
section, that the particular activity of longshore work is not
an activity described in subsection (b)(1)(A) of this section.
(2) The Secretary shall establish a procedure for receiving,
investigating, and disposing of complaints filed under this subsection.
The Secretary shall conduct an investigation under this subsection
promptly if there is reasonable cause to believe the allegations of the
complaint.
(3)(A) If the Secretary decides that reasonable cause exists to
conduct an investigation about a complaint filed under paragraph (1)(A)
or (B) of this subsection, the person making the complaint may request
that the employer stop, during the hearing procedure under subsection
(e) of this section, the particular activity of longshore work attested
to by the employer. The employer shall be notified of the request and
shall respond not later than 14 days after receiving the notice.
(B) If the Secretary makes an initial decision that the complaint is
supported by a preponderance of the evidence submitted, the Secretary
immediately shall require that the employer stop that activity until
after the hearing procedure under subsection (e) of this section.
(4)(A) If the Secretary decides that reasonable cause exists to
conduct an investigation about a complaint under paragraph (1)(C) of
this subsection, the person making the complaint may request that the
employer stop, during the hearing procedure under subsection (e) of
this section, the particular activity of longshore work involved in the
complaint unless the employer files an attestation with the Secretary
under subsection (a) of this section. The employer shall be notified of
the request and shall respond not later than 14 days after receiving
the notice.
(B) If the Secretary makes an initial decision that the complaint is
supported by a preponderance of the evidence submitted, the Secretary
immediately shall require that the employer stop that activity until
after the hearing procedure under subsection (e) of this section,
unless the employer files an attestation under subsection (a) of this
section.
(e) Proceedings.--Not later than 180 days after a complaint is filed
under subsection (d) of this section, or later for good cause shown,
the Secretary shall decide whether a basis exists to make a finding
described in subsection (f) of this section. The Secretary shall give
interested persons notice of that decision and an opportunity for a
hearing on the complaint not later than 60 days after making the
decision.
(f) Findings.--(1)(A) If, after notice and an opportunity for a
hearing under subsection (e) of this section, the Secretary finds that
an employer has failed to meet a condition, or has misrepresented a
material fact, in an attestation filed under subsection (a) of this
section, the Secretary--
(i) shall notify the Attorney General of the finding; and
(ii) may impose other administrative remedies, including a
civil penalty under section 10118 of this title, the Secretary
decides are appropriate.
(B) When the Attorney General receives notice under this paragraph,
the Attorney General shall deny any vessel owned or chartered by the
employer entry to a port of the United States for not more than one
year.
(2) For longshore work described in subsection (a)(2) of this
section, if the Secretary finds, after notice and an opportunity for a
hearing under subsection (e) of this section and based on a
preponderance of the evidence submitted by any interested person, that
the particular activity of longshore work is not an activity described
in subsection (b)(1)(A) of this section--
(A) the Secretary shall notify the Attorney General of the
finding; and
(B) the employer shall file an attestation under subsection
(a) of this section for that activity.
(3) When the Secretary finds that an alien crewmember is not allowed
to perform a particular activity of longshore work under the prevailing
practice at a port, another attestation under subsection (a) of this
section about that activity in that port may not be filed for one year.
(g) Longshore Work in Alaska.--Except as provided in section 2725(c)
of this title, this section does not apply to longshore work performed
in Alaska.
Sec. 2724. Reciprocity
(a) Definition.--In this section, ``practice'' means an activity
normally performed in a foreign country during the one-year period
before a vessel arrives in the United States or the coastal waters of
the United States.
(b) General.--(1) An alien crewmember performing a particular
activity of longshore work in or about a port is serving in a capacity
required for normal operation and service on a vessel under section
2305(a) of this title, and the Attorney General shall allow an alien
crewmember on a vessel to perform a particular activity of longshore
work, if--
(A) that vessel is registered in a foreign country that by
law, regulation, or practice does not prohibit that activity by
crewmembers on United States vessels; and
(B) nationals of a foreign country that, by law, regulation,
or practice does not prohibit that activity by crewmembers on
United States vessels, hold a majority ownership interest in
that vessel.
(2) The Secretary of State shall compile and annually maintain, under
section 553 of title 5, a list, by particular activity of longshore
work, of foreign countries in which crewmembers on United States
vessels are prohibited by law, regulation, or practice from performing
a particular activity of longshore work.
Sec. 2725. Longshore work in Alaska
(a) Definitions.--In this section--
(1) ``contract stevedoring companies'' means those
stevedoring companies licensed to do business in Alaska that
meet the requirements of section 32 of the Longshore and Harbor
Workers' Compensation Act (33 U.S.C. 932).
(2) ``employer'' includes any agent or representative
designated by the employer.
(b) General.--(1) An alien crewmember performing a particular
activity of longshore work at a particular location in Alaska is
serving in a capacity required for normal operation and service on a
vessel under section 2305(a) of this title if an employer of the alien
crewmember files an attestation with the Secretary of Labor at least 30
days before the date the activity will be performed or at least 24
hours before the activity will be performed if the employer shows that
the employer reasonably could not have anticipated the need to file an
attestation for that location at that time.
(2) The attestation filed under paragraph (1) of this subsection
shall provide evidence that--
(A) the employer will request from the parties to whom notice
has been given under clause (D)(ii) and (iii) of this paragraph
United States longshore workers who, under industry standards
in Alaska, including safety considerations, are qualified and
available in sufficient numbers to perform the activity at the
particular time and location, except that--
(i) when 2 or more contract stevedoring companies
have signed a joint collective bargaining agreement
with a single labor organization described in clause
(D)(i) of this paragraph, the employer may request
longshore workers from only one of those companies; and
(ii) a request to a private dock operator for
longshore workers may be made only for longshore work
to be performed at that dock and only if the operator
meets the requirements of section 32 of the Longshore
and Harbor Workers' Compensation Act (33 U.S.C. 932);
(B) the employer will employ all those United States
longshore workers made available under clause (A) of this
paragraph who, under industry standards in Alaska, including
safety considerations, are qualified and available in
sufficient numbers and who are needed to perform the longshore
activity at the particular time and location;
(C) using alien crewmembers for that activity is not intended
or designed to influence an election of a bargaining
representative for workers in Alaska; and
(D) the employer has given notice of the attestation--
(i) to labor organizations recognized as exclusive
bargaining representatives of United States longshore
workers within the meaning of the National Labor
Relations Act (29 U.S.C. 151 et seq.) and that make, or
intend to make, workers available at the particular
location where the longshore work is to be performed;
(ii) to contract stevedoring companies that employ or
intend to employ United States longshore workers at the
location; and
(iii) to operators of private docks at which the
employer will use longshore workers.
(3)(A) During the period that an attestation an employer files under
paragraph (1) of this subsection is valid, the employer must request
and employ United States longshore workers as provided under paragraph
(2) before using alien crewmembers to perform the activity specified in
the attestation. However, an employer is not required to request United
States longshore workers from a person who has given the employer
written notice that the person does not intend to make United States
longshore workers available at the particular location where the
longshore work is to be performed.
(B) If a person that provided notice under subparagraph (A) of this
paragraph later gives the employer written notice that the person is
prepared to make available United States longshore workers who, under
industry standards in Alaska, including safety considerations, are
qualified and available in sufficient numbers to perform the longshore
activity at the particular location where the longshore work is to be
performed, the obligation of the employer to that person under
paragraph (2)(A) and (B) of this subsection begins 60 days after the
date the notice was given under this clause.
(4)(A) An employer filing an attestation under paragraph (1) of this
subsection is not required--
(i) to hire less than a full work unit of United States
longshore workers needed to perform the longshore activity;
(ii) to provide overnight accommodations for the longshore
workers while employed; or
(iii) to provide transportation to the particular location
where the longshore activity will be performed, except where--
(I) surface transportation is available;
(II) that transportation may be accomplished safely;
(III) travel time to the vessel is not more than one-
half hour each way; and
(IV) travel distance to the vessel from the point of
embarkation is not more than 5 miles.
(B) In the case of Wide Bay, Alaska, and Klawock/Craig, Alaska, the
travel time and distance described in clause (A)(iii) of this paragraph
are extended to 45 minutes and 7.5 miles, respectively, unless the
person responding to the request for longshore workers agrees to the
lesser time and distance limitations described in clause (A)(iii).
(5) Except as provided in section 2723(c)-(e) of this title, an
attestation filed under paragraph (1) of this subsection--
(A) expires at the end of the one-year period beginning on
the date specified in the attestation that the employer
anticipates the longshore work will begin; and
(B) applies to alien crewmembers arriving in the United
States during that period if the owner, agent, master,
commanding officer, or consignee states in each list provided
under section 2701 of this title that the employer continues to
comply with the conditions in the attestation.
(c) Application of Section 2723.--(1) Except as provided in paragraph
(2) of this subsection, section 2723(b)(3)-(f)(2) of this title applies
to an attestation filed under subsection (b)(1) of this section.
(2) Section 2723 of this title applies to the use of alien
crewmembers to perform longshore work in Alaska involving the use of an
automated self-loading conveyor belt or vacuum-actuated system on a
vessel.
(d) Regulations.--The Secretary shall prescribe regulations necessary
to carry out this section.
CHAPTER 29--FACILITIES EMPLOYING REGISTERED NURSES
2901. Definition.
2902. Attestation requirements.
2903. State plans.
2904. Public availability of information.
2905. Complaints, investigations, and penalties.
Sec. 2901. Definition
In this chapter, ``facility'' includes an employer that employs
registered nurses in a home setting.
Sec. 2902. Attestation requirements
(a) General.--Except as provided in subsection (b) of this section, a
facility seeking to employ a nonimmigrant registered nurse under
section 2325 of this title must file with the Secretary of Labor an
attestation stating the following:
(1) A substantial disruption in the delivery of health care
services of the facility would occur through no fault of the
facility without the services of a nonimmigrant registered
nurse.
(2) Employment of a nonimmigrant registered nurse will not
adversely affect the wages and working conditions of other
registered nurses similarly employed.
(3) A nonimmigrant registered nurse employed by the facility
will be paid at the wage rate paid for other registered nurses
similarly employed by the facility.
(4) The facility--
(A) has taken and is taking timely and significant
steps to recruit and retain sufficient registered
nurses who are citizens of the United States or
immigrants authorized to perform nursing services, to
remove as quickly as reasonably possible the dependence
of the facility on nonimmigrant registered nurses; or
(B) is subject to a state plan for the recruitment
and retention of nurses approved under section 2903 of
this title.
(5) There is no strike or lockout in the course of a labor
dispute, and the employment of nonimmigrant registered nurses
is not intended or designed to influence an election for a
bargaining representative for registered nurses of the
facility.
(6) At the time of filing the petition under section 2325(c)
of this title, the facility has given notice of the filing to
the bargaining representative of the registered nurses employed
by the facility or, if there is no bargaining representative,
to the registered nurses employed by the facility by posting
the notice in conspicuous locations.
(b) Waivers.--For a nonimmigrant registered nurse performing services
at a worksite (except at the employer's worksite or at a worksite
controlled by the employer) and for whom the employer has filed an
attestation under subsection (a) of this section, the Secretary may
waive the requirement to file an attestation for the worksite as may be
appropriate--
(1) to avoid duplicative attestations;
(2) in temporary, emergency situations;
(3) for information the attestor does not know; or
(4) for other good cause.
(c) Fault if Facility Has Laid Off Nurses.--A facility does not meet
subsection (a)(1) of this section if the facility has laid off
registered nurses within the prior year. However, a facility that lays
off a registered nurse (except a staff nurse) meets subsection (a)(1)
if the facility has attested that it will not replace the nurse with a
nonimmigrant registered nurse described in section 2325(b) of this
title (either through promotion or otherwise) for one year after the
date of the layoff.
(d) Significant Steps To Recruit and Retain Nurses.--(1) Each of the
following is a significant step reasonably designed to recruit and
retain registered nurses meeting the requirement of subsection
(a)(4)(A) of this section:
(A) operating a training program for registered nurses at the
facility or financing (or providing participation in) a
training program for registered nurses elsewhere.
(B) providing career development programs and other methods
of facilitating health care workers to become registered
nurses.
(C) paying registered nurses at a rate higher than that
currently being paid to registered nurses similarly employed in
the geographic area.
(D) providing adequate support services to free registered
nurses from administrative and other non-nursing duties.
(E) providing reasonable opportunities for meaningful salary
advancement by registered nurses.
(2) Paragraph (1) of this subsection is not an exclusive list of the
steps that may be taken to meet the requirement of subsection (a)(4)(A)
of this section. A facility is not required to take more than one step
if the facility can demonstrate that taking an additional step is not
reasonable.
(e) Effectiveness of Attestation.--(1) Subject to section 2905 of
this title, an attestation under subsection (a) of this section--
(A) expires at the end of the one-year period beginning on
the date the attestation is filed with the Secretary; and
(B) applies to petitions filed during that one-year period if
the facility states in each petition filed under section
2325(c) of this title that it continues to comply with the
conditions in the attestation.
(2) A facility may file a single petition to meet the requirements of
this section for more than one registered nurse.
Sec. 2903. State plans
The Secretary of Labor shall provide for a procedure under which a
State may submit to the Secretary of Labor a plan for the recruitment
and retention of citizens of the United States and immigrants
authorized to perform nursing services as registered nurses in
facilities in the State. A plan may include counseling and educating
health workers and other individuals about employment opportunities
available to registered nurses. Annually in consultation with the
Secretary of Health and Human Services, the Secretary of Labor shall
provide for approving or disapproving the state plan as provided in
section 2902(a)(4)(B) of this title. A plan may be approved in regard
to a facility only if the plan provides for taking significant steps
described in section 2902(a)(4)(A) of this title to recruit and retain
registered nurses at that facility.
Sec. 2904. Public availability of information
The Secretary of Labor shall compile and make available for public
examination in a timely manner in the District of Columbia--
(1) a list of facilities that have filed petitions to employ
nonimmigrant registered nurses described in section 2325(b) of
this title; and
(2) for each facility, a copy of the petitions, attestations,
and accompanying documentation filed by each facility.
Sec. 2905. Complaints, investigations, and penalties
(a) Complaints and Investigations.--(1) The Secretary of Labor shall
establish a procedure for receiving, investigating, and disposing of
complaints filed about a facility's failure to satisfy a condition
attested to, or a facility's misrepresentation of a material fact, in
an attestation.
(2) Any person aggrieved by a facility's failure to satisfy a
condition attested to, or a facility's misrepresentation of a material
fact, in an attestation under section 2902(a) of this title, including
a bargaining representative, association the Secretary decides is
appropriate, or other person the Secretary decides by regulation is
aggrieved, may file a complaint with the Secretary. The Secretary shall
conduct an investigation if there is reasonable cause to believe that
the facility does not meet a condition attested to.
(3) Not later than 180 days after a complaint is filed, the Secretary
shall decide whether a basis exists to make a finding described in
subsection (b) of this section. If the Secretary decides that a basis
exists, the Secretary shall give notice of that decision to the
interested parties and an opportunity for a hearing on the complaint
not later than 60 days after making the decision.
(b) Findings and Penalties.--(1) If the Secretary finds, after notice
and an opportunity for a hearing, that a facility has failed to satisfy
a condition attested to or has misrepresented a material fact in an
attestation, the Secretary--
(A) shall notify the Attorney General of the finding;
(B) may impose other administrative remedies, including a
civil penalty of not more than $1,000 for each violation; and
(C) if the facility has not paid the prevailing wage as
attested to under section 2902(a)(3) of this title, shall order
the facility to pay an amount of back pay necessary to comply
with section 2902(a)(3).
(2) For at least one year after receiving notice under paragraph
(1)(A) of this subsection, the Attorney General may not approve a
petition filed under subsection 2325(c) of this title by that facility
for the employment of a nonimmigrant registered nurse.
PART B--IMMIGRANTS
CHAPTER 41--NUMERICAL LIMITATIONS
Sec.
4101. General requirements.
4102. Annual worldwide numerical limitations.
4103. Visa allocation for family-sponsored immigrants.
4104. Visa allocation for employment-based immigrants.
4105. Visa allocation for diversity immigrants.
4106. Availability of visas for special immigrants having honorable
military service.
4107. Status of spouses and children.
4108. Estimating number of visas to be issued.
4109. Pilot program.
4110. Numerical limitations on individual foreign countries.
4111. Charging immigrants to foreign countries.
4112. Burden of proof.
Sec. 4101. General requirements
Except for aliens described in section 4102(d) of this title, an
alien may be issued an immigrant visa or otherwise acquire the status
of an alien lawfully admitted for permanent residence only if--
(1)(A) the alien is a family-sponsored immigrant described in
section 4103(b)-(e) of this title or admitted under section
4311(a)(1) of this title because a visa previously was issued
to the accompanying parent under section 4103(b)-(e); and
(B) the numerical limitations of section 4102(a)(1) of this
title are not exceeded;
(2)(A) the alien is an employment-based immigrant described
in section 4104(b)-(f) of this title or admitted under section
4311(a)(1) of this title because a visa previously was issued
to the accompanying parent under section 4104(b)-(f); and
(B) the numerical limitations of section 4102(b)(1) of this
title are not exceeded; or
(3)(A) the alien is a diversity immigrant described in
section 4105(c) and (h) of this title or admitted under section
4311(a)(1) of this title because a visa previously was issued
to the accompanying parent under section 4105(c) and (h); and
(B) the numerical limitations of section 4102(c)(1) of this
title are not exceeded.
Sec. 4102. Annual worldwide numerical limitations
(a) Family-Sponsored Immigrants.--(1) The worldwide numerical
limitation for family-sponsored immigrants for a fiscal year is the
greater of--
(A)(i) 480,000; minus
(ii) the sum of--
(I) the number of aliens described in subsection
(d)(6)-(8) of this section issued immigrant visas or
who otherwise acquire the status of an alien lawfully
admitted for permanent residence in the prior fiscal
year; and
(II) for fiscal years beginning after September 30,
1998, the number of aliens paroled into the United
States under section 6121 of this title in the 2d prior
fiscal year who do not depart from the United States
(without advance parole) within 365 days and who do not
acquire the status of an alien lawfully admitted for
permanent residence in the 2 prior fiscal years or
acquire that status in those years under a provision of
law (except subsection (d) of this section) that
exempts the adjustment from the numerical limitation on
the worldwide level of immigration under this section;
plus
(iii) any difference between the maximum number of
employment-based immigrant visas that could have been issued
and the number that were issued during the prior fiscal year;
or
(B) 226,000.
(2) In each of the first 3 quarters of a fiscal year, the number of
aliens issued visas and otherwise becoming aliens lawfully admitted for
permanent residence as family-sponsored immigrants may not be more than
27 percent of the numerical limitation computed under paragraph (1) of
this subsection for that fiscal year.
(3) An alien paroled into the United States under section 6121 of
this title in the 2d prior fiscal year who does not depart from the
United States (without advance parole) within 365 days and who does not
acquire the status of an alien lawfully admitted for permanent
residence in the 2 prior fiscal years but who subsequently is admitted
as an alien lawfully admitted for permanent residence may not again be
considered for purposes of paragraph (1) of this subsection.
(b) Employment-Based Immigrants.--(1) The worldwide numerical
limitation for employment-based immigrants for a fiscal year is--
(A) not more than 140,000; plus
(B) any difference between the maximum number of family-
sponsored immigrant visas that could have been issued and the
number that were issued during the prior fiscal year.
(2) In each of the first 3 quarters of a fiscal year, the number of
aliens issued visas and otherwise becoming aliens lawfully admitted for
permanent residence as employment-based immigrants may not be more than
27 percent of the numerical limitation computed under paragraph (1) of
this subsection for that fiscal year.
(c) Diversity Immigrants.--(1) The worldwide numerical limitation for
diversity immigrants for a fiscal year is 55,000.
(2) In each of the first 3 quarters of a fiscal year, the number of
aliens issued visas and otherwise becoming aliens lawfully admitted for
permanent residence as diversity immigrants may not be more than 27
percent of the numerical limitation computed under paragraph (1) of
this subsection for that fiscal year.
(d) Nonapplication.--The numerical limitations of this section do not
apply to--
(1) a special immigrant as defined in section 133(a)(1) or
(2) of this title;
(2) an alien admitted under section 5105 of this title or
whose status is adjusted under section 5107 of this title;
(3) an alien who becomes lawfully admitted for permanent
residence under chapter 93 of this title or section 210 of the
Immigration and Nationality Act;
(4) an alien whose removal is canceled under section 6721(a)
of this title;
(5) an alien whose status is adjusted to that of an alien
lawfully admitted for permanent residence under section 9104(a)
of this title;
(6) an immediate relative;
(7) an alien admitted under section 4311(a)(1) of this title
because the accompanying parent is an immediate relative
previously issued a visa; and
(8) an alien born to an alien lawfully admitted for permanent
residence during a temporary visit outside the United States.
Sec. 4103. Visa allocation for family-sponsored immigrants
(a) General.--Aliens subject to the worldwide numerical limitation of
section 4102(a)(1) of this title for qualified family-sponsored
immigrants shall be allocated visas each fiscal year as provided in
this section.
(b) Unmarried Sons and Daughters of Citizens.--Not more than 23,400
visas, plus visas not required under subsection (e) of this section,
shall be made available to unmarried sons and unmarried daughters of
citizens of the United States.
(c) Families of Aliens Lawfully Admitted for Permanent Residence.--
(1) Not more than 114,200 visas, plus the number by which the worldwide
numerical limitation is more than 226,000, plus visas not required
under subsection (b) of this section, shall be made available to--
(A) spouses and children of aliens lawfully admitted for
permanent residence; and
(B) unmarried sons and unmarried daughters (who are no longer
children) of aliens lawfully admitted for permanent residence.
(2) At least 77 percent of visas made available under this subsection
shall be made available to those spouses and children.
(d) Married Sons and Daughters of Citizens.--Not more than 23,400
visas, plus visas not required under subsections (b) and (c) of this
section, shall be made available to married sons and married daughters
of citizens of the United States.
(e) Brothers and Sisters of Citizens.--Not more than 65,000 visas,
plus visas not required under subsections (b)-(d) of this section,
shall be made available to brothers and sisters of citizens of the
United States if the citizens are at least 21 years of age.
Sec. 4104. Visa allocation for employment-based immigrants
(a) General.--Aliens subject to the worldwide numerical limitation of
section 4102(b)(1) of this title for qualified employment-based
immigrants shall be allocated visas each fiscal year as provided in
this section.
(b) Priority Workers.--(1) A number of visas equal to not more than
28.6 percent of the worldwide numerical limitation of section
4102(b)(1) of this title, plus visas not required under subsections (e)
and (f) of this section, shall be made available to the following
aliens:
(A) A qualified immigrant--
(i) having extraordinary ability in the sciences,
arts, education, business, or athletics that has been
demonstrated by sustained national or international
acclaim;
(ii) whose achievements have been recognized in the
field through extensive documentation;
(iii) who is coming to the United States to continue
work in the area of extraordinary ability; and
(iv) whose entry will benefit the United States
substantially in the future.
(B) A qualified immigrant--
(i) recognized internationally as outstanding in a
specific academic area;
(ii) with at least 3 years of teaching or research
experience in the academic area; and
(iii) who is coming to the United States for a
tenured (or tenure-track) position in a university or
institution of higher education to teach in the
academic area, for a comparable position with a
university or institute of higher education to conduct
research in the area, or for a comparable position to
conduct research in the area with a department,
division, or institute of a private employer that
employs at least 3 individuals full-time in research
activities and has achieved documented accomplishments
in an academic field.
(C) A qualified immigrant--
(i) who, in the 3 years prior to the application for
classification and admission to the United States under
this paragraph, has been employed for at least one year
by a firm, corporation, or other legal entity or an
affiliate or subsidiary of the firm, corporation, or
entity; and
(ii) who is coming to the United States to continue
to provide services to the same employer, or an
affiliate or subsidiary of the employer, in a
managerial or executive capacity.
(2) In applying paragraph (1)(C) of this subsection, a partnership or
similar organization organized outside the United States to provide
accounting services is deemed to be an affiliate of a partnership
organized in the United States to provide accounting services if--
(A) the partnership or similar organization organized outside
the United States markets its accounting services under an
internationally recognized name under an agreement with a
worldwide coordinating organization owned and controlled by the
member accounting firms of which the United States partnership
is also a member; and
(B) the United States partnership markets its accounting
services under the same internationally recognized name under
an agreement with the worldwide coordinating organization.
(c) Members of the Professions Holding Advanced Degrees or Aliens of
Exceptional Ability.--(1) A number of visas equal to not more than 28.6
percent of the worldwide numerical limitation of section 4102(b)(1) of
this title, plus visas not required under subsection (b) of this
section, shall be made available to qualified immigrants--
(A) who are members of the professions holding advanced
degrees or their equivalent or who because of their exceptional
ability in the sciences, arts, or business will benefit
substantially the economy, cultural or educational interests,
or welfare of the United States in the future; and
(B) whose services in the sciences, arts, professions, or
business are sought by an employer in the United States.
(2) When the Attorney General considers it to be in the interest of
the United States, the Attorney General may waive the requirement of
paragraph (1) of this subsection that an alien's services in the
sciences, arts, professions, or business be sought by an employer in
the United States.
(3) Possession of a degree, diploma, certificate, or similar award
from an institution of learning, a license to practice, or
certification for a profession or occupation is not sufficient evidence
by itself under paragraph (1) of this subsection that an immigrant has
exceptional ability.
(d) Skilled Workers, Professionals, and Other Workers.--(1) Except as
provided in paragraph (2) of this subsection, a number of visas equal
to not more than 28.6 percent of the worldwide numerical limitation of
section 4102(b)(1) of this title, plus visas not required under
subsections (b) and (c) of this section, shall be made available to the
following aliens not described in subsection (c)(1) of this section:
(A) A qualified immigrant who is capable, at the time a
petition is filed for classification under this subsection, of
performing skilled labor requiring at least 2 years training or
experience, that is not temporary or seasonal, and for which
qualified workers are not available in the United States.
(B) A qualified immigrant who holds a baccalaureate degree
and is a member of a profession.
(C) A qualified immigrant capable, when petitioning for
classification under this subsection, of performing unskilled
labor that is not temporary or seasonal and for which qualified
workers are not available in the United States.
(2) Not more than 10,000 of the visas made available under this
subsection in a fiscal year are available for immigrants described in
paragraph (1)(C) of this subsection.
(3) An alien may be issued an immigrant visa under this subsection
only if the consular officer has received the decision and
certification of the Secretary of Labor under subsection (g)(2) of this
section.
(e) Certain Special Immigrants.--A number of visas equal to not more
than 7.1 percent of the worldwide numerical limitation of section
4102(b)(1) of this title shall be made available to qualified special
immigrants as defined in section 133(a)(3)-(13) of this title, except
that not more than 5,000 of those visas may be allocated in a fiscal
year to special immigrants as defined in section 133(a)(3)(A)(ii)(II)
and (III) of this title.
(f) Employment Creation.--(1) In this subsection--
(A) ``targeted employment area'' means, at the time of
investment, a rural area or an area that has experienced
unemployment that is at least 150 percent of the national
average.
(B) ``rural area'' means an area not in a metropolitan
statistical area or not in the outer boundary of a city or town
having a population, based on the latest United States
decennial census, of at least 20,000.
(2) A number of visas equal to not more than 7.1 percent of the
worldwide numerical limitation of section 4102(b)(1) of this title
shall be made available to qualified immigrants is coming to the United
States to engage in a new commercial enterprise--
(A) that the alien has established;
(B) in which the alien has invested after November 29, 1990,
or is actively in the process of investing, at least
$1,000,000; and
(C) that will benefit the United States economy and create
full-time employment for at least 10 United States citizens,
aliens lawfully admitted for permanent residence, or other
immigrants lawfully authorized to be employed in the United
States, except the qualified immigrant and the qualified
immigrant's spouse, sons, and daughters.
(3) At least 3,000 of the visas allocated under paragraph (2) of this
subsection in each fiscal year shall be reserved for qualified
immigrants who establish a new commercial enterprise described in
paragraph (2) that will create employment in a targeted employment
area.
(4)(A) In consultation with the Secretaries of Labor and State, the
Attorney General may prescribe regulations increasing the amount
specified by paragraph (2)(B) of this subsection.
(B) For an investment made in a targeted employment area, the
Attorney General may specify that the amount of capital required under
paragraph (2)(B) of this subsection be less than, but at least 50
percent of, the amount specified by paragraph (2)(B).
(C) For an investment made in a metropolitan statistical area that at
the time of investment is not a targeted employment area and has an
unemployment rate significantly below the national average, the
Attorney General may specify that the amount of capital required under
paragraph (2)(B) of this subsection be more than, but not more than 3
times, the amount specified in paragraph (2)(B).
(g) Additional Requirements for Employment-Based Immigrants.--(1) An
alien applying for a visa under subsection (c) or (d) of this section
who is a graduate of a medical school not accredited by an entity
approved by the Secretary of Education and who is coming to theUnited
States principally to perform services as a member of the medical
profession may be issued the visa only if the alien--
(A) has passed parts I and II of the National Board of
Medical Examiners Examination or an examination the Secretary
of Health and Human Services decides is equivalent, or on
January 9, 1978, was fully and permanently licensed to practice
medicine in a State and was practicing medicine in a State on
that date; and
(B) is competent in oral and written English.
(2)(A) An alien applying for a visa under subsection (c) or (d) of
this section to perform skilled or unskilled labor may be issued the
visa only if the Secretary of Labor decides and certifies to the
Secretary of State and the Attorney General that--
(i) there are not enough workers who are able, willing,
qualified (or equally qualified if the alien is a member of the
teaching profession or has exceptional ability in the sciences
or arts), and available when the alien applies for the visa and
admission and at the place where the alien is to perform that
labor; and
(ii) employment of the alien will not affect adversely the
wages and working conditions of similarly employed workers in
the United States.
(B)(i) For purposes of this subparagraph, ``professional athlete''
means an individual who is employed as an athlete by a team that is a
member of an association of at least 6 professional sports teams whose
total combined revenues exceed $10,000,000 per year, if the association
governs the conduct of its members and regulates the contests and
exhibitions in which its member teams regularly engage, or by a minor
league team that is affiliated with such an association.
(ii) A certification made under paragraph (2)(A) of this subsection
for a professional athlete remains valid with respect to the athlete
after the athlete changes employers if the new employer is a team in
the same sport as the team which employed the athlete when the athlete
first applied for the certification.
(C) Before making a decision and certification under paragraph (2)(A)
of this subsection, the Secretary of Labor shall provide that--
(i) a certification may be made only if the employer, when
filing the application, has provided notice of the filing to
the bargaining representative of the employer's employees in
the occupational classification and area for which aliens are
sought or, if there is no bargaining representative, to
employees employed at the facility through posting at
conspicuous locations; and
(ii) any person may submit documentary evidence related to
the application, including information on available workers,
wages and working conditions, and the employer's failure to
meet conditions of employing alien workers and co-workers.
(3) An alien is coming to the United States to perform labor as a
health-care worker (except a physician) is inadmissible unless the
alien presents to the consular officer, or, in the case of an
adjustment of status, the Attorney General, a certificate from the
Commission on Graduates of Foreign Nursing Schools, or a certificate
from an equivalent independent credentialing organization approved by
the Attorney General in consultation with the Secretary of Health and
Human Services, verifying that--
(A) the alien's education, training, license, and
experience--
(i) meet all applicable statutory and regulatory
requirements for entry into the United States under the
classification specified in the application;
(ii) are comparable to that required for an American
health-care worker of the same type; and
(iii) are authentic and, in the case of a license,
unencumbered;
(B) the alien has the level of competence in oral and written
English considered by the Secretary of Health and Human
Services, in consultation with the Secretary of Education, to
be appropriate for health care work of the kind in which the
alien will be engaged, as shown by an appropriate score on one
or more nationally recognized, commercially available,
standardized assessments of the applicant's ability to speak
and write; and
(C) if a majority of States licensing the profession in which
the alien intends to work recognize a test predicting the
success on the profession's licensing or certification
examination, the alien has passed the test or examination.
(4) For purposes of paragraph (3) of this subsection, determination
of the standardized tests required and of the minimum scores that are
appropriate are within the sole discretion of the Secretary of Health
and Human Services and are not subject to further administrative or
judicial review.
Sec. 4105. Visa allocation for diversity immigrants
(a) Definitions.--In this section--
(1) ``high-admission foreign country'' means a foreign
country for which the number determined under subsection (c) of
this section is more than 50,000.
(2) ``high-admission region'' means a region for which the
total of the numbers determined under subsection (c) of this
section for foreign countries in the region is more than one-
sixth of the total of the numbers for all foreign countries.
(3) ``low-admission foreign country'' means a foreign country
that is not a high-admission foreign country.
(4) ``low-admission region'' means a region that is not a
high-admission region.
(5) Northern Ireland is deemed to be a separate foreign
country.
(6) an overseas dependent area of a foreign country is deemed
to be part of the foreign country.
(7) the area in each of the following is a separate region:
(A) Africa.
(B) Asia.
(C) Europe.
(D) North America, except Mexico.
(E) Oceania.
(F) South America, Mexico, Central America, and the
Caribbean.
(b) General.--Aliens subject to the worldwide numerical limitations
of section 4102(c)(1) of this title for qualified diversity immigrants
shall be allocated visas for each fiscal year as provided in this
section.
(c) Determination of Numbers of Certain Aliens.--For the most recent
prior 5-year period for which information is available, the Attorney
General shall determine the total number of aliens who are natives of
each foreign country and who--
(1) were admitted or otherwise acquired the status of an
alien lawfully admitted for permanent residence (except under
this section); and
(2) were subject to the numerical limitations for family-
sponsored and employment-based immigrants under sections 4103
and 4104 of this title or were admitted or otherwise acquired
the status of an alien lawfully admitted for permanent
residence as an alien described in section 4102(d)(6)-(8) of
this title.
(d) Identification.--The Attorney General shall identify each high-
admission foreign country and region and each low-admission foreign
country and region.
(e) Percentage and Ratio Determinations.--The Attorney General shall
determine--
(1) the percentage of the total of the number determined
under subsection (c) of this section that applies to foreign
countries in high-admission regions;
(2) based on available estimates for each region, the total
population of each region, excluding the population of any
high-admission foreign country;
(3) for each low-admission region, the ratio of the
population of the region determined under clause (2) of this
subsection to the total population determined under clause (2)
for all low-admission regions; and
(4) for each high-admission region, the ratio of the
population of the region determined under clause (2) of this
subsection to the total population determined under clause (2)
for all high-admission regions.
(f) Availability of Visas.--(1) The percentage of visas made
available under this section to natives of a high-admission foreign
country is 0.
(2) Except as provided in subsection (g) of this section, the
percentage of visas made available under this section to natives
(except natives of a high-admission foreign country) in a low-admission
region is the product of--
(A) the percentage determined under subsection (e)(1) of this
section; multiplied by
(B) the population ratio for the region determined under
subsection (e)(3) of this section.
(3) Except as provided in subsection (g) of this section, the
percentage of visas made available under this section to natives
(except natives of a high-admission foreign country) in a high-
admission region is the product of--
(A) 100 percent minus the percentage determined under
subsection (e)(1) of this section; multiplied by
(B) the population ratio for the region determined under
subsection (e)(4) of this section.
(g) Redistribution of Visas and Limitation.--(1) Except as provided
in paragraph (2) of this subsection, if the Secretary of State
estimates that the number of immigrant visas to be issued for a fiscal
year to natives in a region under this section will be less than the
number of immigrant visas made available for the fiscal year to those
natives under this section, the excess visa numbers shall be made
available to natives (except natives of a high-admission foreign
country) of the other regions in proportion to the percentages
specified in subsection (f)(2) and (3) of this section.
(2) The percentage of visas made available under this section for a
fiscal year to natives of a single foreign country may not be more than
7 percent of the total number of visas made available under this
section for the fiscal year.
(h) Requirement of Education or Work Experience.--An alien is
eligible for a visa under this section only if the alien--
(1) has at least a high school education or its equivalent;
or
(2) within the 5-year period preceding the date of applying
for a visa has at least 2 years of work experience in an
occupation requiring at least 2 years of training or
experience.
(i) Maintaining Information.--The Secretary shall maintain
information on the age, occupation, education level, and other relevant
characteristics of immigrants issued visas under this section.
(j) Fees.--(1) The Secretary may establish a fee to be paid by each
applicant for an immigrant visa under this section. The fee may be set
at a level that will ensure recovery of the cost to the Department of
State of allocating the visas, including the cost of processing all
applications under this section.
(2) Fees collected under this section--
(A) shall be used for providing consular services;
(B) shall be deposited as an offsetting collection to any
Department of State appropriation; and
(C) remain available until expended.
(3) Sections 1726-1728 of the Revised Statutes (22 U.S.C. 4212-4214)
do not apply to fees collected under this subsection.
Sec. 4106. Availability of visas for special immigrants having
honorable military service
(a) Nonapplication of Numerical Limitations.-- Except as provided in
subsection (b) of this section, the numerical limitations of sections
4104 and 4110(a) and (b) of this title do not apply to immigrant visas
made available to special immigrants as defined in section 133(a)(13)
of this title.
(b) Number of Available Visas.--The number of visas made available in
a fiscal year--
(1) under subsections (b), (c), and (d) of section 4104 of
this title shall each be reduced by one-third of the number of
visas allocated in the prior fiscal year to special immigrants
as defined in section 133(a)(13) of this title;
(2) to natives of a foreign country under section 4110(a) and
(b) of this title shall be reduced by the number of visas
allocated in the prior fiscal year to special immigrants as
defined in section 133(a)(13) of this title who are natives of
the foreign country; and
(3) under subsections (b), (c), and (d) of section 4104 of
this title for a foreign country subject to section 4110(c) of
this title in that fiscal year and the prior fiscal year shall
be reduced by one-third of the number of visas allocated in the
prior fiscal year to special immigrants as defined in section
133(a)(13) of this title who are natives of the foreign
country.
Sec. 4107. Status of spouses and children
The spouse or child (as defined in section 108(a)(1)-(5) of this
title) accompanying or following to join an alien who is in a class
described in section 4103, 4104, or 4105 of this title is entitled to
the same classification and to have the same priority date as the alien
if the spouse or child otherwise is not entitled to immigrant status
and the immediate issuance of a visa under section 4103, 4104, or 4105.
Sec. 4108. Estimating number of visas to be issued
In carrying out sections 4103-4107 and 4313(a) and (b) of this title,
the Secretary of State may make estimates of the anticipated number of
immigrant visas to be issued during any quarter of a fiscal year under
each class of sections 4103-4105 of this title. The Secretary may rely
on those estimates in authorizing the issuance of those visas.
Sec. 4109. Pilot program
(a) Establishment of Program and Allocation of Visas.--In the fiscal
year beginning October 1, 1997, the Secretary of State, with the
Attorney General, shall set aside 300 visas from the visas otherwise
available under section 4104(f) of this title for a pilot program to
carry out section 4104(f). The program shall include a regional center
in the United States for promoting economic growth, including increased
export sales, improved regional productivity, job creation, and
increased domestic capital investment. The visas are for aliens
eligible for admission under section 4104(f) and spouses and children
eligible under this title to accompany or follow to join the alien.
(b) Determination of Number of Jobs Created.--In establishing
compliance with section 4104(f)(2)(C) of this title and notwithstanding
the requirements of section 204.6 of title 8, Code of Federal
Regulations, the Attorney General shall allow aliens admitted under the
program to establish reasonable methodologies for determining the
number of jobs created by the program, including jobs estimated to have
been created indirectly through revenue produced from increased exports
resulting from the program.
Sec. 4110. Numerical limitations on individual foreign countries
(a) Total Number of Visas Available in a Fiscal Year.--(1) Except as
provided in this section, not more than 7 percent of the total number
of immigrant visas made available under sections 4103 and 4104 of this
title in a fiscal year are made available to natives of any single
foreign country, and not more than 2 percent of the total number are
made available to natives of any single dependent area.
(2) If, because of the application of paragraph (1) of this
subsection to at least one foreign country or dependent area, the total
number of visas made available under sections 4103 and 4104 of this
title for a calendar quarter is more than the number of qualified
immigrants who otherwise may be issued a visa, paragraph (1) does not
apply to visas made available to any such foreign country or dependent
area during the remainder of the calendar quarter.
(3) Except for the United States and American Samoa, an independent
country, self-governing dominion, or territory under the international
trusteeship system of the United Nations is a foreign country under
this subsection when approved by the Secretary of State.
(4) Approval is deemed to have been given under paragraph (3) of this
subsection to--
(A) Taiwan (China); and
(B) Hong Kong.
(5) The Secretary shall specify the foreign country to which any
other inhabited land is to be attributed. The Secretary shall issue
appropriate instructions to diplomatic and consular offices when the
territorial limits of a foreign country change and the Secretary
recognizes the change.
(b) Special Rules for Spouses and Children of Aliens Lawfully
Admitted for Permanent Residence.--(1) Of the visa numbers available
under section 4103(c) of this title in a fiscal year to immigrants
described in section 4103(c)(1)(A) of this title--
(A) 75 percent of the 77 percent of the total number of visas
available under section 4103(c) of this title to those
immigrants shall be issued without regard to the numerical
limitation established under subsection (a)(1) of this section;
and
(B) if a foreign country or dependent area is subject to
subsection (c) of this section, the remaining 25 percent of the
77 percent shall be made available to natives of that country
or area only to the extent that the total number of visas
issued under subparagraph (A) of this paragraph to those
immigrants is less than 77 percent of the maximum number of
visas available under subsection (c)(1)(B) of this section to
immigrants described in section 4103(c) of this title who are
natives of that country or area.
(2) For a foreign country or dependent area to which subsection (c)
of this section applies--
(A) the number of immigrant visas that may be made available
under section 4103(c) of this title to natives of the country
or area who are described in section 4103(c)(1)(B) of this
title may not be more than the greater of--
(i) 23 percent of the maximum number of visas
available consistent with subsection (c) of this
section to immigrants described in section 4103(c) of
this title who are natives of the country or area; or
(ii) the number, if any, by which the maximum number
of visas available under subsection (c)(1)(B) of this
section to immigrants described in section 4103(c) of
this title who are natives of the country or area is
more than the number of visas issued to immigrants
described in section 4103(c)(1)(A) of this title; and
(B) if the total number of visas issued under section 4103(c)
of this title is more than the maximum number of visas
available consistent with subsection (c) of this section to
immigrants described in section 4103(c) who are natives of the
country or area, all visas are deemed to have been required for
the preferences specified in section 4103(b) and (c) of this
title when applying section 4103(d) and (e) of this title under
subsection (c)(1)(B) of this section.
(c) Allocation When Number of Visas Made Available to a Country
Exceeds Numerical Limitation.--(1) If it appears that the total number
of immigrant visas made available under sections 4103 and 4104 of this
title to natives of a foreign country or dependent area will be more
than the applicable numerical limitation established under subsection
(a)(1) of this section in a fiscal year, visa numbers for natives of
that country or area shall be allocated under sections 4103 and 4104
(to the extent practicable and otherwise consistent with this section
and sections 4103 and 4104) so that--
(A) the ratio of the visa numbers made available under
section 4103 of this title to the visa numbers made available
under section 4104 of this title equals the ratio of the
worldwide numerical limitations of section 4102(a)(1) of this
title to the worldwide numerical limitation under section
4102(b)(1) of this title;
(B) except as provided in paragraphs (3) and (4) of this
subsection, the proportion of the visa numbers allocated under
each of subsections (b), (c), (d), and (e) of section 4103 of
this title equals the ratio of the total number of visas
available under each of those subsections to the total number
of visas available under section 4103; and
(C) the proportion of the visa numbers allocated under each
of subsections (b), (c), (d), (e), and (f) of section 4104 of
this title equals the ratio of the total number of visas
available under each of those subsections to the total number
of visas available under section 4104.
(2) Paragraph (1) of this subsection does not limit the number of
visas that may be issued--
(A) to natives of a foreign country or dependent area under
section 4103 of this title if there is insufficient demand for
visas for those natives under section 4104 of this title;
(B) to natives of a foreign country or dependent area under
section 4104 of this title if there is insufficient demand for
visas for those natives under section 4103 of this title; or
(C) under subsection (b)(1)(A) of this section.
Sec. 4111. Charging immigrants to foreign countries
An immigrant is chargeable to the foreign country in which the
immigrant was born except in the following circumstances:
(1) When an alien child is accompanied by or following to
join an alien parent of the child, the child may be charged to
the foreign country of either parent if--
(A) the parent has received or qualifies for an
immigrant visa;
(B) necessary to prevent the separation of the child
from the parent; and
(C) immigration charged to the foreign country to
which the parent has been or would be chargeable has
not reached the numerical limitation established by
section 4110(a)(1) of this title.
(2) When an alien is chargeable to a foreign country
different from that of the spouse of the alien, the alien may
be charged to the foreign country of the spouse the alien is
accompanying or following to join if--
(A) the spouse has received or qualifies for an
immigrant visa;
(B) necessary to prevent the separation of the alien
and spouse; and
(C) immigration charged to the foreign country to
which the spouse has been or would be chargeable has
not reached the numerical limitation established by
section 4110(a)(1) of this title.
(3) An alien born in the United States is deemed to have been
born in the foreign country of which the alien is a citizen or
subject. If the alien is not a citizen or subject of a foreign
country, the alien is deemed to have been born in the last
foreign country in which the consular officer decides that the
alien resided.
(4) An alien born in a foreign country in which neither
parent of the alien was born and in which neither parent
resided at the time of the birth of the alien may be charged to
the foreign country of either parent.
(5) An alien born in a dependent area of a foreign country,
except an alien described in section 4102(d) of this title, is
chargeable to that country.
Sec. 4112. Burden of proof
An alien claiming to be an immigrant, a special immigrant, or an
immediate relative has the burden of proving that the alien is entitled
to immigrant, special immigrant, or immediate relative status.
CHAPTER 43--PETITIONS AND DOCUMENTATION
SUBCHAPTER I--PETITIONS
Sec.
4301. General.
4302. Approving petitions for children.
4303. Petitions for married aliens.
4304. Revoking approved petitions.
SUBCHAPTER II--DOCUMENTATION
4311. Documentation requirements.
4312. Applications for immigrant visas and registration.
4313. Issuing immigrant visas and other documentation.
4314. Period of validity and revocation.
4315. Unused immigrant visas.
4316. Reentry permits.
4317. Burden of proof.
4318. Documentation waivers.
SUBCHAPTER I--PETITIONS
Sec. 4301. General
(a) Petitions to the Attorney General.--The following individuals may
petition the Attorney General for the classification of aliens as
follows:
(1) a citizen of the United States claiming an alien is
entitled to immediate relative status or to be classified under
section 4103(b), (d), or (e) of this title.
(2) an alien spouse described in section 116(2) of this title
and desiring to acquire, or to have a child of the alien spouse
acquire, immediate relative status.
(3) an alien eligible for immediate relative status (and a
child of the alien if the child is not classified under clause
(4) of this subsection) because the alien--
(A) is the spouse of a citizen of the United States;
(B) is an individual of good moral character;
(C) has resided in the United States with the spouse;
and
(D) demonstrates to the Attorney General that--
(i) the alien is residing in the United
States;
(ii) the marriage between the alien and the
spouse was entered into in good faith by the
alien;
(iii) during the marriage the alien or a
child of the alien has been battered by, or has
been the subject of extreme cruelty perpetrated
by, the spouse; and
(iv) the alien's removal would result in
extreme hardship to the alien or child.
(4) a child eligible for immediate relative status because
the child--
(A) is the child of a citizen of the United States;
(B) is an individual of good moral character;
(C) has resided in the United States with the citizen
parent; and
(D) demonstrates to the Attorney General that--
(i) the child is residing in the United
States;
(ii) during the period of residence with the
citizen parent the child has been battered by,
or has been the subject of extreme cruelty
perpetrated by, that parent; and
(iii) the child's removal would result in
extreme hardship to the child.
(5) an alien lawfully admitted for permanent residence
claiming classification for an alien entitled to be classified
under section 4103(c) of this title.
(6) an alien eligible to be classified under section 4103(c)
of this title (and a child of the alien if the child is not
classified under clause (7) of this subsection) because the
alien--
(A) is the spouse of an alien lawfully admitted for
permanent residence;
(B) is an individual of good moral character;
(C) has resided in the United States with the spouse;
(D) demonstrates to the Attorney General that--
(i) the alien is residing in the United
States;
(ii) the marriage between the alien and the
spouse was entered into in good faith by the
alien;
(iii) during the marriage the alien or a
child of the alien has been battered by, or has
been the subject of extreme cruelty perpetrated
by, the spouse; and
(iv) the alien's removal would result in
extreme hardship to the alien or child.
(7) a child eligible to be classified under section 4103(c)
of this title because the child--
(A) is the child of an alien lawfully admitted for
permanent residence;
(B) is an individual of good moral character;
(C) has resided in the United States with the
permanent resident alien parent; and
(D) demonstrates to the Attorney General that--
(i) the child is residing in the United
States;
(ii) during the period of residence with the
permanent resident alien parent the child has
been battered by, or has been the subject of
extreme cruelty perpetrated by, that parent;
and
(iii) the child's removal would result in
extreme hardship to the child.
(8) an alien desiring to be classified under section
4104(b)(1)(A) of this title, or a person for the alien.
(9) an individual intending to employ in the United States an
alien entitled to be classified under section 4104(b)(1)(B) or
(C), (c), or (d) of this title.
(10) an alien (except a special immigrant as defined in
section 133(a)(4) of this title) desiring to be classified
under section 4104(e) of this title, or a person for the alien.
(11) an alien desiring to be classified under section 4104(f)
of this title.
(b) Petitions to the Secretary of State.--(1) An alien claiming
status as a special immigrant as defined in section 133(a)(4) of this
title may petition the Secretary of State to be classified under
section 4104(e) of this title. The alien may file the petition only
after being notified by the Secretary that special immigrant status
under section 133(a)(4) has been recommended and approved as provided
in section 133(a)(4).
(2)(A) An alien desiring to be classified under section 4105 of this
title may petition the Secretary of State to be classified under
section 4105.
(B) The alien shall file the petition at the place and time the
Secretary of State decides by regulation. Only one petition may be
filed during a petitioning period established by the Secretary. If more
than one petition is filed during a period, all petitions filed by the
alien during that period are void.
(C)(i) The Secretary of State shall designate a period during which a
petition for a visa that may be issued under section 4105 of this title
for the fiscal year beginning after the end of the period may be filed.
(ii) An alien who qualifies, through random selection, for a visa
under section 4105 of this title remains eligible to receive the visa
through the end of the fiscal year for which the alien was selected.
(iii) The Secretary of State shall prescribe regulations necessary to
carry out this subparagraph.
(D) A petition under this paragraph shall--
(i) be in a form the Secretary of State prescribes by
regulation; and
(ii) contain information and documentary evidence the
Secretary requires.
(c) Approving Petitions.--(1) After investigating the facts about a
petition, and after consulting with the Secretary of Labor about a
petition to classify an alien under section 4104(c) or (d) of this
title, the Attorney General shall approve the petition if the Attorney
General decides the facts stated in the petition are true and the alien
is an immediate relative or entitled to be classified as requested
under section 4103 or 4104 of this title.
(2) When acting on a petition under subsection (a)(3), (4), (6), or
(7) of this section, the Attorney General shall consider any credible
evidence relevant to the petition. Only the Attorney General may decide
what evidence is credible and the weight to be given that evidence.
(3) After approving the petition, the Attorney General shall submit
one copy to the Secretary of State. The Secretary then shall authorize
the appropriate consular officer to classify the alien as approved.
(d) Petitions for Professional Athletes.--(1) For purposes of this
subsection, ``professional athlete'' means an individual who is
employed as an athlete by--
(A) a team that is a member of an association of at least 6
professional sports teams whose total combined revenues exceed
$10,000,000 per year, if the association governs the conduct of
its members and regulates the contests and exhibitions in which
its member teams regularly engage; or
(B) a minor league team that is affiliated with such an
association.
(2) A petition under subsection (a)(9) of this section for
classification of a professional athlete remains valid for the athlete
after the athlete changes employers if the new employer is a team in
the same sport as the team which was the employer who filed the
petition.
(e) Nondiscrimination.--Except as provided in sections 133,
4102(d)(6), 4103-4107, and 4110(a)(1) of this title, an alien may not
receive a preference or priority or be discriminated against in issuing
an immigrant visa under section 4313 of this title because of the
alien's race, sex, nationality, place of birth, or place of residence.
This subsection does not limit the authority of the Secretary of State
to establish the procedures for processing immigrant visa applications
or the locations where the applications will be processed.
(f) No Entitlement To Be Admitted to the United States.--This
subchapter does not entitle an immigrant for whom a petition is
approved under this subchapter to be admitted to the United States if
found not to be entitled to the classification on arrival in the United
States.
Sec. 4302. Approving petitions for children
(a) Favorable Home Study Requirement.--Notwithstanding section 4301
of this title, a petition for a child as defined in section 108(a)(6)
of this title may be approved only if a valid home study has been
recommended favorably--
(1) by an agency of the State of the proposed residence of
the child;
(2) by an agency that the State of the proposed residence of
the child authorizes to conduct the study; or
(3) for a child adopted outside the United States, by an
appropriate adoption agency licensed in the United States.
(b) Petitions for Certain Children Fathered by Citizens of the United
States.--(1) An alien claiming to be an alien described in paragraph
(2)(A) of this subsection, or a person for the alien, may petition the
Attorney General to be classified as an immediate relative or under
section 4103(b) or (d) of this title, as appropriate.
(2) After investigating the facts about a petition, the Attorney
General shall approve the petition if--
(A) the Attorney General has reason to believe that the alien
was born in Kampuchea, Korea, Laos, Thailand, or Vietnam after
December 31, 1950, and before October 22, 1982, and was
fathered by a citizen of the United States;
(B) the Attorney General has received an acceptable guarantee
of legal custody and financial responsibility described in
paragraph (5) of this subsection; and
(C) for an alien less than 18 years of age--
(i) an appropriate child welfare agency licensed in
the United States and actively involved in the
intercountry placement of children arranged the
placement of the alien with a sponsor in the United
States; and
(ii) the mother or guardian of the alien, in writing,
irrevocably released the alien for emigration.
(3) In considering a petition filed under this subsection, the
Attorney General shall--
(A) consult with appropriate government officials and
officials of private voluntary organizations in the foreign
country in which the alien was born in making the findings
described in paragraph (2)(A) and (C)(i) of this subsection;
and
(B) consider the physical appearance of the alien and
evidence provided by the petitioner, including--
(i) birth and baptismal certificates;
(ii) local civil records;
(iii) photographs of, and letters or proof of
financial support from, a putative father who is a
citizen of the United States; and
(iv) relevant or probative testimony of witnesses.
(4) After approving the petition, the Attorney General shall submit
one copy to the Secretary of State.
(5) A guarantee of legal custody and financial responsibility for an
alien required by paragraph (2) of this subsection must--
(A) be signed in the presence of a consular officer or an
immigration officer by a sponsor who is--
(i) at least 21 years of age;
(ii) of good moral character; and
(iii) a citizen of the United States or an alien
lawfully admitted for permanent residence; and
(B) provide that the sponsor agrees--
(i) for an alien less than 18 years of age, to assume
legal custody for the alien when the alien departs for
the United States and until the alien becomes 18 years
of age, as provided under the laws of the State in
which the alien and the sponsor will reside; and
(ii) to provide, during the longer of the 5-year
period beginning on the date the alien acquires the
status of an alien lawfully admitted for permanent
residence or the period beginning on that date and
ending on the date the alien becomes 21 years of age,
financial support necessary to maintain the family in
the United States of which the alien is a member at a
level equal to at least 125 percent of the current
official poverty line (established by the Director of
the Office of Management and Budget under section
673(2) of the Community Services Block Grant Act (42
U.S.C. 9902(2) and revised by the Secretary of Health
and Human Services under section 673(2)) for a family
the same size as that of the family of the alien.
(6) The Attorney General may bring a civil action against the sponsor
in the district court of the United States for the judicial district in
which the sponsor resides to enforce a guarantee of legal custody and
financial responsibility made under paragraph (5) of this subsection.
However, a sponsor or the estate of the sponsor is not liable under the
guarantee if the sponsor dies or is adjudicated a bankrupt under title
11.
Sec. 4303. Petitions for married aliens
(a) Limitations on Approving Petitions for Certain Spouses.--(1) The
Attorney General may approve a spousal petition under section 4103(c)
of this title for the classification of the spouse of an alien if the
alien, because of a prior marriage, had acquired the status of an alien
lawfully admitted for permanent residence as the spouse of a citizen of
the United States or an alien lawfully admitted for permanent residence
only if--
(A) 5 years have passed since the alien had acquired the
status of an alien lawfully admitted for permanent residence;
or
(B) the alien, by clear and convincing evidence, satisfies
the Attorney General that the prior marriage was not entered
into to evade the immigration laws.
(2) Paragraph (1) of this subsection does not apply to a petition for
the classification of the spouse of an alien if the prior marriage of
the alien was ended by the death of the alien's spouse.
(b) Prohibition on Approving Petitions Because of Marriages To Evade
Immigration Laws.--Notwithstanding section 4301(c) of this title, a
petition may not be approved if--
(1) an alien previously acquired, or sought to acquire,
immediate relative status or previously was classified, or
sought to be classified, under section 4103(c) of this title as
a spouse of an alien lawfully admitted for permanent residence,
because of a marriage the Attorney General decides was entered
into to evade the immigration laws; or
(2) the Attorney General decides the alien has attempted or
conspired to enter into a marriage to evade the immigration
laws.
(c) Required Residence Outside the United States for Certain Aliens
Involved in Proceedings.--(1) Notwithstanding section 4301(a) and (b)
of this title, a petition to grant immediate relative status or to
classify an alien under section 4103, 4104, or 4105 of this title
because of a marriage entered into after November 9, 1986, and during
the period described in section 9101(g)(1)(C) of this title, may not be
approved until the alien resides outside the United States for 2 years
after the marriage.
(2) Paragraph (1) of this subsection does not apply to a marriage if
the alien establishes by clear and convincing evidence satisfactory to
the Attorney General that--
(A) the marriage was entered into in good faith and under the
laws of the place where the marriage took place;
(B) the marriage was not entered into to procure the alien's
admission as an immigrant; and
(C) no consideration was given, except to an attorney for
assistance in preparing a petition, for filing a petition under
section 2309(b) or 4301(a) or (b) of this title for an alien
spouse or alien son or daughter.
(3) Under regulations of the Attorney General, the Attorney General
shall allow only one level of administrative appellate review for each
alien under paragraph (2) of this subsection.
Sec. 4304. Revoking approved petitions
(a) General.--The Attorney General may revoke at any time a petition
approved by the Attorney General under section 4301(c) of this title if
the Attorney General considers that there is good cause to revoke.
Revocation is effective as of the date of approval of the petition if
notice of the revocation is mailed to the last known address of the
petitioner and the Secretary of State notifies the alien for whom the
petition was filed of the revocation before the alien begins traveling
to the United States. If notice is not given as required by this
section and the alien applies for admission to the United States, the
admissibility of the alien shall be decided as provided in sections
6102 and 6704 of this title.
(b) Exception.--Legal termination of a marriage may not be the only
basis for revoking a petition of an alien filed under section
4301(a)(3) or (6) of this title because of conditions described in
section 4301(a)(3)(D)(i)-(iii) and (6)(D)(i)-(iii).
SUBCHAPTER II--DOCUMENTATION
Sec. 4311. Documentation requirements
(a) Documents Required.--(1) An immigrant may be admitted to the
United States only if, when applying for admission, the immigrant--
(A)(i) is in possession of an unexpired entry document
required by this title; or
(ii) was born after an entry document was issued to the
accompanying parent;
(B) is in possession of an unexpired travel document or
document of identity and nationality when required by
regulations the Attorney General prescribes; and
(C) except as otherwise provided in this title, is in
possession of a visa issued as provided under sections 4103-
4105, 4107, and 4313(b) of this title.
(2) This section does not apply to an alien admitted under section
5105 of this title.
(b) Waiver for Certain Special Immigrants.--Under conditions that may
be prescribed by the Attorney General, the Attorney General may readmit
a special immigrant as defined in section 133(a)(1) of this title who
is returning to the United States, without the alien's having to obtain
a passport, immigrant visa, reentry permit, or other documentation, if
the alien otherwise is admissible.
Sec. 4312. Applications for immigrant visas and registration
(a) Application Requirements.--An alien applying for an immigrant
visa must apply in the way and at the place prescribed by regulation.
The application must contain--
(1) the complete true name of the alien and each alias ever
used;
(2) the age and sex of the alien;
(3) the date and place of birth of the alien; and
(4) additional information prescribed by regulation that is
necessary to identify the alien and enforce the immigration and
nationality laws.
(b) Additional Requirements.--(1) An alien applying for an immigrant
visa must--
(A) register if required by chapter 81 of this title when
applying for the visa;
(B) take a physical and mental examination prescribed by
regulation;
(C) if required under regulations the Secretary prescribes,
present a passport or other suitable travel document or a
document of identity and nationality; and
(D) provide the consular officer, with the application,
with--
(i) a copy of a certification by the appropriate
police authorities stating what their records show
about the alien;
(ii) a certified copy of any existing prison record,
military record, and record of birth of the alien; and
(iii) a certified copy of any other record or
documentation about the alien that the consular officer
may require.
(2) Each copy provided under paragraph (1)(D) of this subsection
shall be attached to the application and become a part of the
application. If the alien satisfies the consular officer that it is not
possible to obtain the copy, the consular officer may allow the alien
to submit other satisfactory evidence of the fact to which the copy
relates.
(c) Signature and Oath.--Except as otherwise prescribed by
regulation, an alien must--
(1) sign an application for an immigrant visa in the presence
of a consular officer; and
(2) take an oath administered by the consular officer
verifying the application.
(d) Processing Immigrant Visa Applications of Cuban Nationals in 3d
Countries.--(1) In this subsection, ``process'' means accepting and
reviewing an application and preparing necessary documents and making
appropriate decisions related to the application.
(2) Notwithstanding sections 6108(a), 6109, and 8302 of this title, a
consular officer shall process an application for an immigrant visa by
a Cuban national located in a 3d country on the same basis as an
application for an immigrant visa by a national of another country.
(e) Statement About No Entitlement To Enter the United States.--An
application for an immigrant visa shall inform the applicant that a
visa or other documentation issued to an alien does not entitle the
alien to enter the United States if, on arrival at a port of entry, the
alien is found to be inadmissible.
(f) Cancellation of Registration.--The Secretary shall cancel the
registration of an alien who does not apply for an immigrant visa
within one year after being notified that a visa is available. However,
the Secretary shall reinstate the registration if the alien establishes
within 2 years after notification that the failure to apply was due to
circumstances beyond the control of the alien.
Sec. 4313. Issuing immigrant visas and other documentation
(a) Registration on Waiting Lists.--Waiting lists of aliens entitled
to an immigrant classification that is subject to the numerical
limitations specified in chapter 41 of this title shall be maintained
under regulations the Secretary of State prescribes.
(b) Order of Issuing Visas.--(1) Immigrant visas made available under
section 4103 or 4104 of this title shall be issued to qualified
immigrants in the order in which a petition for each immigrant is filed
with the Attorney General (or with the Secretary for special immigrants
as defined in section 133(a)(4) of this title) under section 4301(a) or
(b) of this title.
(2) Immigrant visas made available under section 4105 of this title
shall be issued to qualified immigrants as the Secretary prescribes for
the fiscal year involved.
(c) Issuing Visas.--(1) A consular officer issues an immigrant visa
at the office of the consular officer outside the United States. A
consular officer may issue an immigrant visa to an eligible immigrant
who has made a proper application for the visa.
(2) A consular officer may issue a special immigrant or an immediate
relative an immigrant visa as a special immigrant or an immediate
relative on receiving satisfactory proof, under regulations prescribed
under this title, that the applicant is entitled to special immigrant
or immediate relative status.
(d) Prohibitions.--(1) A consular officer may not issue an immigrant
visa or other documentation to an alien if--
(A) the alien's application does not comply with this title
or regulations prescribed under this title; or
(B) the consular officer has reason to believe the alien is
ineligible for the visa or other documentation under subchapter
I of chapter 63 of this title or any other provision of law.
(2) Notwithstanding paragraph (1)(B) of this subsection, a consular
officer may issue an immigrant visa or other documentation to an alien
to whom section 6306(a)-(c) of this title applies if--
(A) the alien otherwise may receive the visa or other
documentation; and
(B) the consular officer receives notice from the Attorney
General that a bond approved by the Attorney General has been
filed under section 6306(d) of this title.
(e) Contents of Visas.--An immigrant visa consists of the application
for the visa, when visaed by the consular officer. The visa shall
specify--
(1) the foreign country to which the immigrant is charged;
(2) the immigrant's particular status under that country;
(3) the preference classification or immediate relative or
special immigrant status to which the immigrant is charged;
(4) the expiration date of the visa; and
(5) additional required information.
Sec. 4314. Period of validity and revocation
(a) Validity.--An immigrant visa is valid for the period prescribed
by regulation, but for not more than 6 months. However, an immigrant
visa issued to a child legally adopted by a citizen of the United
States and the spouse of the citizen when the citizen is serving
outside the United States in the armed forces of the United States, is
employed outside the United States by the Federal Government, or is
temporarily outside the United States on business, is valid until the
regular return of the citizen to the United States from the service,
employment, or business, but for not more than 3 years.
(b) Revocation.--A consular officer or the Secretary of State may
revoke at any time an immigrant visa or other documentation issued to
an immigrant. A revocation invalidates the visa or documentation from
the date the visa or documentation is issued. The Attorney General
shall be notified of each revocation.
Sec. 4315. Unused immigrant visas
(a) Replacing Unused Visas.--A consular officer may replace an
immigrant visa under its original number during the fiscal year it was
issued if--
(1) the immigrant establishes to the satisfaction of the
consular officer that the immigrant was unable to use the visa
when it was valid for reasons that the immigrant did not cause
and that were beyond the immigrant's control;
(2) the consular officer finds the immigrant is eligible for
an immigrant visa; and
(3) the immigrant pays again the statutory fees for an
application and immigrant visa.
(b) Issuing Unused Visas.--An eligible immigrant may be issued an
unused immigrant visa that the immigrant qualifies for if the visa
originally was issued to another immigrant--
(1) removed after being denied admission;
(2) not applying for admission before the visa expires; or
(3) as a preference immigrant and the immigrant is found not
to be a preference immigrant.
Sec. 4316. Reentry permits
(a) Applications.--An alien lawfully admitted for permanent residence
who intends to leave the United States temporarily may apply to the
Attorney General for a reentry permit to reenter the United States. The
application must--
(1) state the length of, and reason for, the departure;
(2) be accompanied by photographs of the applicant, and state
other information, that the Attorney General prescribes by
regulation; and
(3) be made under oath.
(b) Issuing Reentry Permits.--The Attorney General may issue the
reentry permit if the Attorney General finds--
(1) the application is made in good faith; and
(2) the alien's departure is not contrary to the interests of
the United States.
(c) Period of Validity.--A reentry permit may be issued for not more
than 2 years from the date it is issued and may not be renewed. The
alien may use the permit for any number of reentries into the United
States. The alien shall surrender the permit to the Commissioner of
Immigration and Naturalization when the permit expires.
(d) Presentation of Reentry Permit on Returning to the United
States.--An alien issued a reentry permit shall present the permit to
the immigration officer at the port of entry on returning to the United
States. The immigration officer shall accept the permit as a substitute
for any visa otherwise required under this title. The permit has no
effect under the immigration laws except to establish that the alien is
returning from a temporary departure. However, this section does not
require a reentry permit as the only way that an alien may establish a
return from a temporary departure.
(e) Form of Applications and Permits.--The Attorney General shall
prescribe by regulation the form of the application and reentry permit,
except that the permit shall be in a form to identify the alien
completely and shall be printed on distinctive safety paper.
Sec. 4317. Burden of proof
An individual applying for an immigrant visa or other documentation
required for entering the United States as an immigrant has the burden
of proving that the individual is eligible to be issued the visa or
documentation. A consular officer may issue the visa or documentation
only if satisfied that the individual is eligible to receive the visa
or documentation.
Sec. 4318. Documentation waivers
The Attorney General may waive sections 4311(a)(1) and 6301(a)(2) and
(b) of this title for an immigrant who is in possession of an immigrant
visa and otherwise is admissible if the Attorney General is satisfied
that the immigrant did not know, and by reasonable diligence could not
have known, of the immigrant's inadmissibility--
(1) before the vessel or aircraft on which the alien came to
the United States left the last port outside the United States
and outside foreign contiguous territory; or
(2) for an immigrant coming from foreign contiguous
territory, before the immigrant applied for admission.
CHAPTER 45--CONDITIONAL PERMANENT RESIDENT STATUS
SUBCHAPTER I--CERTAIN ALIEN SPOUSES, SONS, AND DAUGHTERS
Sec.
4501. Definitions.
4502. Conditional basis of status.
4503. General requirements to remove conditional basis.
4504. Petitions.
4505. Personal interviews.
4506. Favorable decisions on removing the conditional basis.
4507. Unfavorable decisions on removing the conditional basis.
4508. Treatment of conditional basis period for naturalization
purposes.
4509. Ending waivers.
SUBCHAPTER II--CERTAIN ALIEN ENTREPRENEURS, SPOUSES, AND CHILDREN
4521. Definitions.
4522. Conditional basis of status.
4523. General requirements to remove conditional basis.
4524. Petitions.
4525. Personal interviews.
4526. Favorable decisions on removing the conditional basis.
4527. Unfavorable decisions on removing the conditional basis.
4528. Treatment of conditional basis period for naturalization
purposes.
SUBCHAPTER I--CERTAIN ALIEN SPOUSES, SONS, AND DAUGHTERS
Sec. 4501. Definitions
In this subchapter--
(1) ``alien son or daughter'' means an alien who acquires the
status of an alien lawfully admitted for permanent residence
because the alien is the son or daughter of an individual
through a qualifying marriage.
(2) ``alien spouse''--
(A) means an alien who, because of a qualifying
marriage, acquires the status of an alien lawfully
admitted for permanent residence--
(i) as an immediate relative as the spouse of
a citizen of the United States;
(ii) under section 2309(a) of this title as
the fiancee or fiance of a citizen of the
United States; or
(iii) under section 4103(c) of this title as
the spouse of an alien lawfully admitted for
permanent residence; but
(B) does not include an alien who acquires the status
of an alien lawfully admitted for permanent residence
because of section 4107 of this title.
(3) ``petitioning spouse'' means the spouse of a qualifying
marriage, except the alien.
(4) ``qualifying marriage'' means a marriage entered into
less than 24 months before the date an alien spouse acquires
the status of an alien lawfully admitted for permanent
residence because of the marriage.
Sec. 4502. Conditional basis of status
(a) General.--An alien spouse or an alien son or daughter, when
acquiring the status of an alien lawfully admitted for permanent
residence, acquires that status on a conditional basis as provided in
this subchapter.
(b) Notice Requirements.--When an alien spouse or alien son or
daughter acquires the status of an alien lawfully admitted for
permanent residence on a conditional basis under subsection (a) of this
section, the Attorney General shall notify the spouse, son, or daughter
about this subchapter and the requirements of section 4503 of this
title to have the conditional basis of the status removed. However, the
failure of the Attorney General to provide notice does not affect the
enforcement of this subchapter against the spouse, son, or daughter.
Sec. 4503. General requirements to remove conditional basis
To remove the conditional basis established under section 4502(a) of
this title, the alien spouse and the petitioning spouse (if living)--
(1) jointly must submit to the Attorney General a petition
requesting the removal of the conditional basis and containing,
under penalty of perjury, the information required by section
4504(b) of this title; and
(2) must appear before an officer or employee of the
Immigration and Naturalization Service for a personal interview
about the information required by section 4504(b) of this
title.
Sec. 4504. Petitions
(a) Time for Submission.--(1) Except as provided in paragraph (2) of
this subsection, the petition required by section 4503(1) of this title
must be submitted during the 90-day period immediately before the 2d
anniversary that the alien acquired the status of an alien lawfully
admitted for permanent residence.
(2) A petition submitted after the 90-day period may be considered
only if the alien satisfies the Attorney General that good cause and
extenuating circumstances existed for not submitting the petition
during that period.
(3) The Attorney General may stay a removal proceeding against an
alien who did not submit a petition within the 90-day period required
under paragraph (1) of this subsection pending the submission of the
petition under paragraph (2) of this subsection.
(4) At or about the beginning of the 90-day period, the Attorney
General shall try to notify the alien spouse or alien son or daughter
of the requirements of section 4503 of this title. However, the failure
of the Attorney General to provide notice does not affect the
enforcement of this subchapter against the spouse, son, or daughter.
(b) Contents.--Each petition shall contain the following information:
(1) That the qualifying marriage--
(A) complied with the laws of the place where the
marriage took place;
(B) has not been annulled judicially or ended, except
through the death of a spouse; and
(C) was not entered into to procure the admission of
an alien as an immigrant.
(2) That no consideration was given, except to an attorney
for assistance in preparing the petition, for filing under
section 2309(b) or 4301 (a) or (b) of this title a petition for
an alien spouse or an alien son or daughter.
(3) The actual residence of each party to the qualifying
marriage since the date the alien spouse acquired the status of
an alien lawfully admitted for permanent residence on a
conditional basis under section 4502(a) of this title.
(4) Each employer and place of employment of each party since
that date.
Sec. 4505. Personal interviews
(a) Time and Location Requirements.--(1) The personal interview
required by section 4503(2) of this title shall be conducted--
(A) within 90 days after the date a petition is submitted as
required by section 4503(1) of this title; and
(B) at a local office of the Immigration and Naturalization
Service the Attorney General designates that is convenient to
the parties involved.
(2) The Attorney General may waive the interview or the deadline for
the interview when appropriate.
(b) Decisions on Truthfulness of Statements.--Within 90 days after an
interview is conducted as required by section 4503(2) of this title,
the Attorney General shall decide whether the information in the
petition and required by section 4504(b) of this title about the
qualifying marriage is true.
Sec. 4506. Favorable decisions on removing the conditional basis
(a) Favorable Decisions.--If the Attorney General decides the
information required by section 4504(b) of this title is true, the
Attorney General shall notify the parties involved and shall remove the
conditional basis of the status of the parties effective on the 2d
anniversary that the alien acquired the status of an alien lawfully
admitted for permanent residence.
(b) Hardship Waivers.--(1) The Attorney General may remove the
conditional basis of an alien spouse or alien son or daughter when the
alien spouse does not comply with section 4503 of this title if the
alien spouse or alien son or daughter shows that--
(A) extreme hardship would result if the alien spouse or
alien son or daughter is removed;
(B) the qualifying marriage was entered into in good faith by
the alien spouse, but the marriage has been ended (except
through the death of the spouse), and the alien spouse was not
at fault in not complying with section 4503 of this title; or
(C) the qualifying marriage was entered into in good faith by
the alien spouse and during the marriage the alien spouse or
alien son or daughter was battered by, or was the subject of
extreme cruelty committed by, the spouse of the alien spouse or
the citizen or permanent resident parent of the alien son or
daughter, and the alien spouse was not at fault in not
complying with section 4503 of this title.
(2) When deciding whether extreme hardship would result, the Attorney
General shall consider circumstances occurring only during the period
the alien was lawfully admitted for permanent residence on a
conditional basis.
(3) When acting on a petition under this subsection, the Attorney
General shall consider any credible evidence relevant to the petition.
Only the Attorney General may decide what evidence is credible and the
weight to be given that evidence.
(4) The Attorney General shall establish by regulation ways to
protect the confidentiality of information about an abused alien spouse
or alien son or daughter, including information on the location of the
spouse, son, or daughter.
Sec. 4507. Unfavorable decisions on removing the conditional basis
(a) Improper Qualifying Marriages.--The Attorney General shall end,
as of the date the Attorney General makes a decision under this
subsection, the status of an alien spouse or alien son or daughter as
an alien lawfully admitted for permanent residence and shall so notify
the parties involved if, before the 2d anniversary of the date the
alien acquired the status, the Attorney General decides that--
(1) the qualifying marriage--
(A) was entered into to procure an alien's admission
as an immigrant; or
(B) has been annulled judicially or ended, except
through the death of a spouse; or
(2) consideration was given, except to an attorney for
assistance in preparing the petition, for filing a petition for
the alien under section 2309(b) or 4301 (a) or (b) of this
title.
(b) Untrue Petition Information.--If the Attorney General decides any
information required by section 4504(b) of this title is not true, the
Attorney General shall end, as of the date of the decision, the status
of an alien spouse or alien son or daughter as an alien lawfully
admitted for permanent residence and notify the parties involved.
(c) Failure To File Petitions or Have Personal Interviews.--The
Attorney General shall end, as of the 2d anniversary of the alien's
lawful admission for permanent residence, the status of an alien spouse
or alien son or daughter as an alien lawfully admitted for permanent
residence if--
(1) a petition is not submitted as required by section
4503(1) of this title; or
(2) unless good cause is shown, the alien spouse and
petitioning spouse do not appear at the interview required by
section 4503(2) of this title.
(d) Review of Decisions.--(1) An alien whose permanent resident
status is ended under subsection (a) or (b) of this section may request
a review of the decision in a removal proceeding. The burden of proof
is on the Attorney General to establish by a preponderance of the
evidence that--
(A) if ended under subsection (a) of this section, a ground
described in subsection (a) is met; or
(B) if ended under subsection (b) of this section, any
information required by section 4504(b) of this title about the
qualifying marriage is not true.
(2) An alien whose permanent resident status is ended under
subsection (c) of this section has the burden of proof in a removal
proceeding of establishing compliance with section 4503 of this title.
Sec. 4508. Treatment of conditional basis period for naturalization
purposes
In carrying out subtitle V of this title, an alien who is in the
United States as an alien lawfully admitted for permanent residence on
a conditional basis under this subchapter is deemed to have been
admitted and to be in the United States as an alien lawfully admitted
for permanent residence.
Sec. 4509. Ending waivers
A waiver under section 6302(a)(2) or 6309(b) of this title obtained
by an alien to acquire the status of an alien lawfully admitted for
permanent residence on a conditional basis under this subchapter ends
when the status ends under this subchapter.
SUBCHAPTER II--CERTAIN ALIEN ENTREPRENEURS, SPOUSES, AND CHILDREN
Sec. 4521. Definitions
In this subchapter--
(1) ``alien child'' means an alien who acquires the status of
an alien lawfully admitted for permanent residence because the
alien is the child of an alien entrepreneur.
(2) ``alien entrepreneur'' means an alien who acquires the
status of an alien lawfully admitted for permanent residence
under section 4104(f) of this title.
(3) ``alien spouse'' means an alien who acquires the status
of an alien lawfully admitted for permanent residence because
the alien is the spouse of an alien entrepreneur.
Sec. 4522. Conditional basis of status
(a) General.--An alien entrepreneur, alien spouse, or alien child,
when acquiring the status of an alien lawfully admitted for permanent
residence, acquires that status on a conditional basis as provided in
this subchapter.
(b) Notice Requirements.--When an alien entrepreneur, alien spouse,
or alien child acquires the status of an alien lawfully admitted for
permanent residence on a conditional basis under subsection (a) of this
section, the Attorney General shall notify the entrepreneur, spouse, or
child about this subchapter and the requirements of section 4523 of
this title to have the conditional basis of the status removed.
However, the failure of the Attorney General to provide notice does not
affect the enforcement of this subchapter against the entrepreneur,
spouse, or child.
Sec. 4523. General requirements to remove conditional basis
To remove the conditional basis established under section 4522(a) of
this title, the alien entrepreneur must--
(1) submit to the Attorney General a petition requesting the
removal of the conditional basis and containing, under penalty
of perjury, the information described in section 4524(b) of
this section; and
(2) appear before an officer or employee of the Immigration
and Naturalization Service for a personal interview about the
information required by section 4524(b) of this title.
Sec. 4524. Petitions
(a) Time for Submission.--(1) Except as provided in paragraph (2) of
this subsection, the petition required by section 4523(1) of this title
must be submitted during the 90-day period immediately before the 2d
anniversary that the alien acquired the status of an alien lawfully
admitted for permanent residence.
(2) A petition submitted after the 90-day period may be considered
only if the alien satisfies the Attorney General that good cause and
extenuating circumstances exist for not submitting the petition during
that period.
(3) The Attorney General may stay a removal proceeding against an
alien who did not submit a petition within the 90-day period required
under paragraph (1) of this subsection pending the submission of the
petition under paragraph (2) of this subsection.
(4) At or about the beginning of the 90-day period, the Attorney
General shall try to notify the alien entrepreneur, alien spouse, or
alien child of the requirements of section 4523 of this title. However,
the failure of the Attorney General to provide notice does not affect
the enforcement of this chapter against the entrepreneur, spouse, or
child.
(b) Contents.--Each petition shall contain information demonstrating
that the alien--
(1) established a commercial enterprise;
(2) invested or was actively in the process of investing the
required capital; and
(3) conducted the actions described in clauses (1) and (2) of
this subsection during the entire period of the alien's
residence in the United States.
Sec. 4525. Personal interviews
(a) Time and Location Requirements.--(1) The personal interview
required by section 4523(2) of this title shall be conducted--
(A) within 90 days after the date a petition is submitted as
required by section 4523(1) of this title; and
(B) at a local office of the Immigration and Naturalization
Service the Attorney General designates that is convenient to
the parties involved.
(2) The Attorney General may waive the interview or the deadline for
the interview when appropriate.
(b) Decisions on Truthfulness of Statements.--Within 90 days after an
interview is conducted under section 4523(2) of this title, the
Attorney General shall decide whether the information in the petition
and required by section 4524(b) of this title about the qualifying
commercial enterprise is true.
Sec. 4526. Favorable decisions on removing the conditional basis
If the Attorney General decides the information required by section
4524(b) of this title is true, the Attorney General shall notify the
alien involved and shall remove the conditional basis of the status of
the alien effective on the 2d anniversary that the alien acquired the
status of an alien lawfully admitted for permanent residence.
Sec. 4527. Unfavorable decisions on removing the conditional basis
(a) Improper Qualifying Entrepreneurships.--The Attorney General
shall end, as of the date the Attorney General makes a decision under
this subsection, the status of an alien entrepreneur, alien spouse, and
alien child as aliens lawfully admitted for permanent residence and
shall so notify the alien entrepreneur if, before the 2d anniversary of
the date the alien entrepreneur acquired the status, the Attorney
General decides the alien entrepreneur--
(1) established the commercial enterprise only to evade the
immigration laws of the United States;
(2)(A) did not establish a commercial enterprise;
(B) did not invest or was not actively in the process of
investing the required capital; or
(C) was not conducting the actions described in subclauses
(A) and (B) of this clause during the entire period of the
alien's residence in the United States; or
(3) otherwise was not complying with the requirements of
section 4104(f) of this title.
(b) Untrue Petition Information.--If the Attorney General decides any
information required by section 4524(b) of this title is not true, the
Attorney General shall end, as of the date of the decision, the status
of an alien entrepreneur, alien spouse, or alien child as an alien
lawfully admitted for permanent residence and notify the alien
involved.
(c) Failure To File Petitions or Have Personal Interviews.--The
Attorney General shall end, as of the 2d anniversary of the alien's
lawful admission for permanent residence, the status of an alien
entrepreneur as an alien lawfully admitted for permanent residence (and
the status of the entrepreneur's spouse or child if acquired under
section 4502(a) or 4522(a) of this title) if--
(1) a petition is not submitted as required by section
4523(1) of this title; or
(2) unless good cause is shown, the alien entrepreneur does
not appear at the interview required by section 4523(2) of this
title.
(d) Review of Decisions.--(1) An alien whose permanent residence
status is ended under subsection (a) or (b) of this section may request
a review of the decision in a removal proceeding. The burden of proof
is on the Attorney General to establish by a preponderance of the
evidence that--
(A) if ended under subsection (a) of this section, a ground
described in subsection (a) is met; or
(B) if ended under subsection (b) of this section, the
information required by section 4524(b) of this title about the
qualifying commercial enterprise is not true.
(2) An alien whose permanent residence status is ended under
subsection (c) of this section has the burden of proof in a removal
proceeding of establishing compliance with section 4523 of this title.
Sec. 4528. Treatment of conditional basis period for naturalization
purposes
In carrying out subtitle V of this title, an alien who is in the
United States as an alien lawfully admitted for permanent residence on
a conditional basis under this subchapter is deemed to have been
admitted and to be in the United States as an alien lawfully admitted
for permanent residence.
CHAPTER 47--ALIENS BORN IN VIETNAM AND FATHERED BY CITIZENS OF THE
UNITED STATES
Sec.
4701. Definitions and application.
4702. Validity and denial of visas.
4703. Admission.
4704. Rights, privileges, status, and benefits.
4705. Nonexclusive procedure for acquiring status.
Sec. 4701. Definitions and application
(a) Definitions.--In this chapter--
(1) ``child'' has the same meaning given that term in section
108(a)(1)-(5) of this title.
(2) ``principal alien'' means an alien born in Vietnam after
January 1, 1962, and before January 1, 1976, and fathered by a
citizen of the United States.
(b) Application.--This chapter applies to an alien who resided in
Vietnam on December 22, 1987, and who satisfies a consular officer or
an officer of the Immigration and Naturalization Service after a face-
to-face interview that the alien is--
(1) a principal alien;
(2) the spouse or child of a principal alien and is
accompanying or following to join the principal alien; or
(3) accompanying or following to join a principal alien and--
(A) is the natural mother of the principal alien or
the spouse or child of the mother; or
(B) has acted in effect as the principal alien's
mother, father, or next-of-kin or is the spouse or
child of the alien who has acted in that capacity.
Sec. 4702. Validity and denial of visas
(a) Validity.--An immigrant visa issued under this chapter is valid
for one year.
(b) Denial of Visa.--An immigrant visa may not be issued to an alien
described in section 4701(b)(3) of this title unless the consular
officer referred to in section 4701(b) of this title decides that the
alien's relationship with the principal alien is similar to that which
exists between close family members and the admission of the alien is
necessary for humanitarian purposes or to ensure family unity.
Sec. 4703. Admission
(a) General.--Notwithstanding any numerical limitations specified in
chapter 41 of this title, the Attorney General may admit an alien
described in section 4701(b) of this title to the United States as an
immigrant if the alien--
(1) is admissible as an immigrant; and
(2) is issued an immigrant visa and leaves Vietnam after
March 21, 1988.
(b) Nonapplication and Waiver.--When deciding on an alien's
admissibility as an immigrant under this chapter--
(1) sections 6301 (a)(2)-(d) and 6306 (a)-(c) of this title
do not apply; and
(2) the Attorney General, on the recommendation of a consular
officer after an investigation by the consular officer, on an
individual basis may waive any other provision of subchapter I
of chapter 63 of this title (except sections 6309(a)(3),
6310(a)-(c), and 6311) in writing for the alien for
humanitarian purposes, to ensure family unity, or when it is
otherwise in the public interest.
Sec. 4704. Rights, privileges, status, and benefits
(a) Rights, Privileges, and Status.--The natural mother of the
principal alien may not acquire any right, privilege, or status under
this title because of that parentage after an alien described in
section 4701(b)(3)(B) of this title is admitted to the United States.
(b) Eligibility for Benefits.--(1) An alien admitted (or awaiting
admission) to the United States under this chapter is eligible for
benefits under subchapter I of chapter 131 of this title to the same
extent as an individual admitted (or awaiting admission) under section
5105 of this title.
(2) Paragraph (1) of this subsection applies to an individual who
leaves Vietnam after October 1, 1988, and--
(A) is described in section 4701(b) of this section but is
issued an immigrant visa--
(i) under section 4103 of this title; or
(ii) because the individual is an alien described in
section 4102(d) of this title rather than an alien
referred to in section 4102(a), (b), or (c) of this
title; or
(B) would be described in section 4701(b) of this title if
section 4701(b) also applied to principal aliens who were
citizens of the United States.
Sec. 4705. Nonexclusive procedure for acquiring status
An alien eligible under this chapter to acquire the status of an
alien lawfully admitted for permanent residence is not barred from
seeking that status under any other provision of law under which the
alien is eligible.
CHAPTER 49--MISCELLANEOUS
Sec.
4901. Eligibility for visa after departing the United States.
4902. Deposit of immigrant visa fees.
4901. Eligibility for visa after departing the United States
(a) General.--An alien who has been physically present in the United
States is eligible to receive an immigrant visa within 90 days after
departing the United States if the alien--
(1) was a lawful nonimmigrant at the time of the departure;
or
(2)(A) is the spouse or unmarried child of an individual who
at any time became lawfully admitted for temporary or permanent
residence under chapter 93 of this title, section 210 of the
Immigration and Nationality Act, or section 202 of the
Immigration Reform and Control Act of 1986 (Public Law 99-603,
100 Stat. 3404);
(B) was the spouse or unmarried child of that individual on
May 5, 1988;
(C) entered the United States before May 5, 1988, resided in
the United States on May 5, 1988, and is not a lawful permanent
resident; and
(D) applied for benefits under section 301(a) of the
Immigration Act of 1990 (Public Law 101-649, 104 Stat. 5029).
(b) Ending date.--This section ends on October 1, 1997.
Sec. 4902. Deposit of immigrant visa fees
Receipts received from an increase in the fee for an immigrant visa
in effect on September 30, 1994, caused by processing an applicant's
fingerprints shall be deposited in the Administration of Foreign
Affairs Account as offsetting receipts and are available until
expended.
PART C--REFUGEES
CHAPTER 51--ADMISSIONS
Sec.
5101. Definition.
5102. Annual worldwide numerical limitations.
5103. Additional emergency numerical limitations.
5104. Congressional consultation and hearings.
5105. Admissions.
5106. Asylum.
5107. Adjustment of status.
Sec. 5101. Definition
(a) Appropriate Consultation.--In this chapter, ``appropriate
consultation'' means discussions in person between Cabinet-level
representatives of the President and members of the Committees on the
Judiciary of the Senate and House of Representatives on refugee
admissions and the allocation of refugee admissions that--
(1) review the worldwide refugee situation or an unforeseen
emergency refugee situation and estimate possible United States
participation in the situation;
(2) consider the reasons for believing that the proposed
admissions are justified by humanitarian concerns or grave
humanitarian concerns or otherwise are in the interest of the
United States; and
(3) provide the members with--
(A) a description of the nature of the refugee
situation;
(B) a description of the number and allocation of the
refugees to be admitted and an analysis of conditions
in the foreign countries from which they came;
(C) a description of the proposed plans and estimated
cost of moving and resettling the refugees;
(D) an analysis of the anticipated social, economic,
and demographic impact of the refugee admissions on the
United States;
(E) a description of the extent to which other
foreign countries will admit and assist in resettling
the refugees;
(F) an analysis of the impact of United States
participation in the resettlement of the refugees on
the foreign policy interests of the United States; and
(G) additional information that may be appropriate or
requested by the members.
(b) Providing Information in Advance.--To the extent possible,
information described in subsection (a)(3) of this section shall be
provided at least 2 weeks before the discussions in person between the
representatives of the President and the members.
Sec. 5102. Annual worldwide numerical limitations
(a) General.--Before the beginning of each fiscal year and after
appropriate consultation, the President shall establish for the fiscal
year the number of refugee admissions to the United States justified by
humanitarian concerns or otherwise in the interest of the United
States. For any fiscal year, not more than 1,000 refugees may be
admitted under this subsection or granted asylum under section 5106 of
this title following a decision under section 131(b) of this title.
(b) Allocation of Admissions.--After appropriate consultation, the
President shall allocate admissions among refugees of special
humanitarian concern to the United States.
(c) Enumeration of Number of Aliens Granted Asylum.--When
establishing the number of refugee admissions under subsection (a) of
this section, the President also shall enumerate the number of aliens
granted asylum during the prior fiscal year.
Sec. 5103. Additional emergency numerical limitations
(a) Establishment of Number.--As provided in this section, the
President may establish an additional number of refugee admissions to
the United States for a succeeding period of not more than 12 months.
The President may establish the additional number when the President
decides, before the beginning of the period and after appropriate
consultation, that--
(1) an unforeseen emergency refugee situation exists;
(2) the admission of certain refugees in response to the
situation is justified by grave humanitarian concerns or
otherwise is in the interest of the United States; and
(3) the admission of the refugees cannot be carried out under
section 5102 of this title.
(b) Allocation.--After appropriate consultation, the President shall
allocate the admissions under subsection (a) of this section among
refugees of special humanitarian concern to the United States.
Sec. 5104. Congressional consultation and hearings
(a) Presidential Reports and Discussions.--Before the beginning of
each fiscal year, the President shall report to the Committees on the
Judiciary of the Senate and House of Representatives on the foreseeable
number of refugees who will need resettlement during the fiscal year
and the anticipated allocation of refugee admissions during that year.
The President shall provide for periodic discussions between
representatives of the President and members of the Committees on--
(1) changes in the worldwide refugee situation;
(2) the progress of refugee admissions; and
(3) the possible need for changes in the allocation of
admissions among refugees.
(b) Printing in Congressional Record.--As soon as possible after
representatives of the President initiate appropriate consultation on
the number of refugee admissions under section 5102 or 5103 of this
title, the Committees shall have the substance of the consultations
printed in the Congressional Record.
(c) Committee Hearings.--After the President begins appropriate
consultation before acting under section 5102 or 5103 of this title,
each Committee shall hold a hearing to review the proposed action
unless--
(1) public disclosure of the details of the action would
jeopardize the lives or safety of individuals; and
(2) if an action under section 5103, the time and nature of
the emergency refugee situation do not permit hearings.
Sec. 5105. Admissions
(a) Authority of the Attorney General.--The Attorney General may
admit a refugee under regulations the Attorney General prescribes and
subject to the numerical limitations of sections 5102 and 5103 of this
title. The Attorney General may admit the refugee when the refugee is--
(1) not resettled firmly in a foreign country;
(2) admissible (except as otherwise provided under
subsections (d) and (e) of this section) as an immigrant under
this title; and
(3) of special humanitarian concern to the United States.
(b) Burden of Proof.--An alien claiming refugee status has the burden
of proving that the alien is entitled to that status.
(c) Admission of Spouses and Children.--(1) The spouse or child (as
defined in section 108(a) (1)-(5) of this title) of a refugee
qualifying for admission under subsection (a) of this section is
entitled to be admitted the same as the refugee if the spouse or child
is--
(A) accompanying or following to join the refugee;
(B) not an individual referred to in section 131(a)(2) of
this title;
(C) not admissible under subsection (a) of this section; and
(D) admissible (except as otherwise provided under
subsections (d) and (e) of this section) as an immigrant under
this title.
(2) The admission of the spouse or child shall be charged against the
numerical limitation under which the refugee's admission is charged.
(d) Nonapplication.--Sections 6301 (a)(2)-(d) and 6306 (a)-(c) of
this title do not apply to an alien applying for admission under this
section.
(e) Waivers.--(1) The Attorney General may waive subchapter I of
chapter 63 of this title (except sections 6309(a)(3), 6310 (a)-(c), and
6311) for the alien--
(A) for humanitarian purposes;
(B) to ensure family unity; or
(C) when otherwise in the public interest.
(2) A waiver under paragraph (1) of this subsection shall be in
writing and granted only after an investigation of the alien. The
Attorney General shall report to Congress after the end of each fiscal
year on the number of waivers granted in that fiscal year and a summary
of the reasons for granting the waivers.
(f) Certain Cuban Political Prisoners.--(1) In this subsection,
``process'' means accepting and reviewing an application and preparing
necessary documents and making appropriate decisions related to the
application.
(2) Consistent with the procedure applicable to similar cases in
other foreign countries, and except as necessary to ensure the orderly
process of available applicants, consular officers and appropriate
officers of the Immigration and Naturalization Service shall process an
application for admission to the United States as a refugee from a
Cuban national imprisoned for political reasons by the Cuban Government
for any period of time after December 31, 1958.
(g) Ending Refugee Status.--Under regulations the Attorney General
prescribes, the Attorney General may end the refugee status of an alien
and the spouse and child of the alien on finding that the alien was not
a refugee at the time of the alien's admission.
Sec. 5106. Asylum
(a) Authority To Apply for Asylum.--(1) Any alien who is physically
present in the United States or who arrives in the United States
(whether or not at a designated port of arrival and including an alien
who is brought to the United States after having been interdicted in
international or United States waters), irrespective of the alien's
status, may apply for asylum in accordance with this section or, where
applicable, sections 6102(c)(1)(B) and 6105 of this title.
(2) Paragraph (1) of this subsection does not apply to an alien--
(A) if the Attorney General decides that the alien may be
removed, under a bilateral or multilateral agreement, to a
country (except the alien's country of nationality or, if the
alien has no nationality, the country in which the alien last
habitually resided) in which the alien's life or freedom would
not be threatened on account of race, religion, nationality,
membership in a particular social group, or political opinion,
and where the alien would have access to a complete and fair
procedure for deciding a claim to asylum or equivalent
temporary protection, unless the Attorney General finds that it
is in the public interest for the alien to receive asylum in
the United States;
(B) unless the alien demonstrates by clear and convincing
evidence that the application has been filed within one year
after the date of the alien's arrival in the United States; or
(C) if the alien has previously applied for asylum and the
application has been denied.
(3) Notwithstanding paragraphs (2) (B) and (C) of this subsection, an
application for asylum may be considered if the alien demonstrates to
the satisfaction of the Attorney General the existence of--
(A) changed circumstances which materially affect the
applicant's eligibility for asylum; or
(B) extraordinary circumstances related to the delay in
filing an application within the period specified in paragraph
(2)(B) of this subsection.
(4) No court may review a decision of the Attorney General under
paragraph (2) or (3) of this subsection.
(b) Conditions for Granting Asylum.--(1) The Attorney General may
grant asylum to an alien who has applied for asylum in accordance with
the requirements and procedures established by the Attorney General
under this section if the Attorney General decides that the alien is a
refugee within the meaning of section 131 of this title.
(2) Paragraph (1) of this subsection does not apply to an alien if
the Attorney General decides that--
(A) the alien ordered, incited, assisted, or otherwise
participated in the persecution of an individual on account of
race, religion, nationality, membership in a particular social
group, or political opinion;
(B) the alien, having been convicted by a final judgment of a
particularly serious crime, is a danger to the community of the
United States;
(C) there are serious reasons to believe that the alien has
committed a serious nonpolitical crime outside the United
States before the alien arrived in the United States;
(D) there are reasonable grounds to believe the alien is a
danger to the security of the United States;
(E) the alien is inadmissible under section 6310(b)(2) (A)-
(D) of this title or deportable under section 6508(b) of this
title, unless, in the case only of an alien inadmissible under
section 6310(b)(2)(D), the Attorney General decides that there
are not reasonable grounds to believe that the alien is a
danger to the security of the United States; or
(F) the alien was firmly resettled in another country prior
to arriving in the United States.
(3) The Attorney General by regulation may establish additional
limitations and conditions, consistent with this section, under which
an alien is ineligible for asylum under paragraph (1) of this
subsection.
(4)(A) For purposes of paragraph (2)(B) of this subsection, an alien
who has been convicted of an aggravated felony is deemed to have been
convicted of a particularly serious crime.
(B) The Attorney General by regulation may designate offenses that
will be deemed to be a crime described in paragraph (2) (B) or (C) of
this subsection.
(5) No court may review a decision of the Attorney General under
paragraph (2)(E) of this subsection.
(c) Granting Asylum to Spouses and Children.--The spouse or child (as
defined in section 108(a) (1)-(5) of this title) of an alien granted
asylum under subsection (b) of this section may, if not otherwise
eligible for asylum under subsection (b), be granted asylum under
subsection (b) if the spouse or child is accompanying or following to
join the alien.
(d) Procedure.--(1) The Attorney General shall establish a procedure
for the consideration of asylum applications filed under subsection (a)
of this section. The procedure shall provide that--
(A) asylum cannot be granted until the identity of the
applicant has been checked against all appropriate records or
databases maintained by the Attorney General and by the
Secretary of State, including the Automated Visa Lookout
System, to establish any grounds on which the alien may be
inadmissible to or deportable from the United States, or
ineligible to apply for or be granted asylum;
(B) in the absence of exceptional circumstances, the initial
interview or hearing on the asylum application shall commence
not later than 45 days after the date an application is filed;
(C) in the absence of exceptional circumstances, final
administrative adjudication of the asylum application, not
including administrative appeal, shall be completed within 180
days after the date an application is filed;
(D) any administrative appeal must be filed within 30 days of
a decision granting or denying asylum, or within 30 days of the
completion of removal proceedings before an immigration judge
under section 6704 of this title, whichever is later; and
(E) for an applicant who, without prior authorization or in
the absence of exceptional circumstances, does not appear for
an interview or hearing, including a hearing under section 6704
of this title, the application may be dismissed or the
applicant otherwise may be sanctioned for failing to appear.
(2) The Attorney General may require applicants to submit
fingerprints and a photograph at the time and in the manner the
Attorney General establishes by regulation.
(3) The Attorney General by regulation may provide for additional
limitations or conditions, consistent with this title, on the
consideration of an application for asylum.
(4) When an application for asylum is filed, the Attorney General
shall--
(A) advise the alien of the privilege of being represented by
counsel and of the consequences, under paragraph (5) of this
subsection, of knowingly filing a frivolous application; and
(B) provide the alien a list of individuals (updated at least
quarterly) who have indicated their availability to represent
aliens in asylum proceedings on a pro bono basis.
(5) If the Attorney General decides that an alien knowingly has made
a frivolous application for asylum and has received the notice under
paragraph (4)(A) of this subsection, the alien shall be ineligible
permanently for any benefits under this title (except subchapter I of
chapter 7, chapter 47, subchapters II and III of chapter 131, and
chapters 133 and 135), effective as of the date of a final decision on
the application.
(6) This subsection does not create any substantive or procedural
right or benefit that is legally enforceable by any party against the
Federal Government or its departments, agencies, instrumentalities, or
officers, or any other person.
(e) Fees.--The Attorney General may impose fees for the consideration
of an application for asylum, for employment authorization under this
section, and for adjustment of status under section 5107(b) of this
title. The fees may not exceed the Attorney General's costs in
adjudicating the applications. The Attorney General may provide for the
assessment and payment of the fees over a period of time or by
installments. This subsection does not--
(1) require the Attorney General to charge fees for
adjudication services provided to asylum applicants; or
(2) limit the authority of the Attorney General to set
adjudication and naturalization fees under section 903 of this
title.
(f) Employment Authorization.--An applicant for asylum is not
entitled to employment authorization, but authorization may be provided
under regulation by the Attorney General. An applicant who otherwise is
not eligible for employment authorization may not be granted the
authorization prior to 180 days after the date of filing the
application for asylum.
(g) Asylum Status.--The Attorney General--
(1) may not remove or return an alien granted asylum under
subsection (b) of this section to the alien's country of
nationality or, if the alien has no nationality, the country in
which the alien last habitually resided;
(2) must authorize the alien to engage in employment in the
United States and provide the alien with appropriate
endorsement of that authorization; and
(3) may allow the alien to travel outside the United States
with the prior consent of the Attorney General.
(h) Termination of Asylum.--(1) Asylum granted under subsection (b)
of this section does not convey a right to remain permanently in the
United States, and may be terminated if the Attorney General decides
that the alien--
(A) no longer meets the conditions described in subsection
(b)(1) of this section because of a fundamental change in
circumstances;
(B) meets a condition described in subsection (b)(2) of this
section;
(C) may be removed, under a bilateral or multilateral
agreement, to a country (except the alien's country of
nationality or, if the alien has no nationality, the country in
which the alien last habitually resided) in which the alien's
life or freedom would not be threatened on account of race,
religion, nationality, membership in a particular social group,
or political opinion, and where the alien is eligible to
receive asylum or equivalent temporary protection;
(D) voluntarily has availed himself or herself of the
protection of the alien's country of nationality or, if the
alien has no nationality, the country in which the alien last
habitually resided, by returning to the country with permanent
resident status or the reasonable possibility of obtaining that
status with the same rights and obligations pertaining to other
permanent residents of that country; or
(E) has acquired a new nationality and enjoys the protection
of the country of the alien's new nationality.
(2) An alien described in paragraph (1) of this subsection is subject
to any applicable grounds of inadmissibility or deportability under
subchapter I of chapter 63 or subchapter I of chapter 65 of this title.
The Attorney General shall direct the alien's removal or return as
provided in sections 6704, 6715, and 6716 of this title.
(i) Expedited Removal for Denied Asylum Applicants.--(1) The Attorney
General may provide for the expeditious adjudication of asylum claims
and, unless an applicant for asylum remains in an otherwise valid
nonimmigrant status, the expeditious removal of asylum applicants whose
applications have been denied finally.
(2) Not more than $91,000,000 may be appropriated to the Attorney
General for the fiscal year ending September 30, 1998, to carry out
this subsection.
Sec. 5107. Adjustment of status
(a) Inspection and Examination of Refugees for Admission as
Immigrants.--(1) An alien admitted as a refugee under section 5105 of
this title and physically present in the United States for at least one
year shall return or be returned to the custody of the Commissioner of
Immigration and Naturalization at the end of the year for inspection
and examination for admission as an immigrant under sections 6102 and
6704 of this title if--
(A) the refugee's status as a refugee has not been ended by
the Attorney General; and
(B) the refugee has not been lawfully admitted for permanent
residence.
(2) A refugee found to be admissible (except as otherwise provided
under subsections (d)(2) and (e) of this section) as an immigrant under
this title at the time of the refugee's inspection and examination
under paragraph (1) of this subsection shall be lawfully admitted for
permanent residence as of the date of the refugee's arrival in the
United States. Admission is without regard to the numerical limitations
of this title.
(b) Aliens Granted Asylum.--(1) Under regulations the Attorney
General prescribes, not more than 10,000 of the refugee admissions
authorized in a fiscal year under section 5102 of this title may be
made available by the Attorney General to adjust the status of aliens
granted asylum under section 5106 of this title to that of aliens
lawfully admitted for permanent residence. The status of an alien may
be adjusted when the alien--
(A) applies for the adjustment;
(B) has been physically present in the United States for at
least one year after being granted asylum;
(C) continues to be a refugee within the meaning of section
131 of this title or a spouse or child of the refugee;
(D) is not resettled firmly in a foreign country; and
(E) is admissible (except as otherwise provided under
subsections (d)(2) and (e) of this section) as an immigrant
under this title at the time of examination for the adjustment.
(2) On approval of an application under paragraph (1) of this
subsection, the Attorney General shall record the lawful admission for
permanent residence of the alien as of the date one year before the
date of approval.
(c) Certain Former Asylees.--(1) Except as provided in paragraph (2)
of this subsection and subsection (d)(1) of this section, subsection
(b) of this section applies to an alien granted asylum before November
29, 1990 (even if asylum had been ended under section 5106 of this
title) who--
(A) is no longer a refugee because of a change in
circumstances in a foreign country; and
(B) was or would be qualified for adjustment of status under
subsection (b) of this section on November 29, 1990, except for
subsection (b)(1) (B) and (C) and the numerical limitation
under subsection (b).
(2) The number of aliens who are natives of a foreign country who may
adjust their status under paragraph (1) of this subsection in a fiscal
year may not be more than the difference between the foreign country
limitation established under section 4110(a) of this title and the
number of aliens chargeable to the country in the fiscal year under
section 4111 of this title.
(d) Nonapplication.--(1) The numerical limitation of subsection (b)
of this section does not apply to an alien described in subsection (c)
of this section or to an alien who applied for adjustment of status
under subsection (b) before June 2, 1990.
(2) Sections 6301 (a)-(d) and 6306 (a)-(c) of this title do not apply
to an alien seeking adjustment of status under this section.
(e) Waiver.--The Attorney General may waive subchapter I of chapter
63 of this title (except sections 6309(a)(3), 6310 (a)-(c), and 6311)
for an alien--
(1) for humanitarian purposes;
(2) to ensure family unity; or
(3) when otherwise in the public interest.
PART D--ADMISSION AND REMOVAL
CHAPTER 61--INSPECTION AND ADMISSION
SUBCHAPTER I--GENERAL
Sec.
6101. Applicants for admission.
6102. Inspection.
6103. Presentation of documentation.
6104. Physical and mental examinations.
6105. Asylum interviews.
6106. Limitations on review.
6107. Aliens inadmissible on security and related grounds.
6108. Presidential authority to limit admission of aliens.
6109. Suspension of admission of aliens transported on certain
airlines.
SUBCHAPTER II--ADMISSION OF CERTAIN ALIENS
6121. Parole.
6122. Temporary admission of inadmissible nonimmigrants.
6123. Accredited officials of foreign governments.
6124. Alien witnesses.
SUBCHAPTER I--GENERAL
Sec. 6101. Applicants for admission
(a) General.--An alien is deemed to be an applicant for admission if
the alien--
(1) is present in the United States and has not been
admitted; or
(2) arrives in the United States (whether or not at a
designated port of arrival), including an alien who is brought
to the United States after being interdicted in international
or United States waters.
(b) Stowaways.--(1) An arriving alien who is a stowaway--
(A) is not an applicant for admission;
(B) is not eligible to apply for admission or to be admitted;
and
(C) is not eligible for a removal proceeding under section
6704 of this title.
(2) On inspection by an immigration officer, an arriving alien who is
a stowaway shall be ordered removed. If the alien indicates an
intention to apply for asylum under section 5106 of this title or a
fear of persecution, the officer shall refer the alien for an asylum
interview under section 6105 of this title. A stowaway may apply for
asylum only if found to have a credible fear of persecution under
section 6105.
(c) Withdrawal of Application for Admission.--At any time, the
Attorney General may permit an alien applying for admission to withdraw
the application for admission and to depart immediately from the United
States.
Sec. 6102. Inspection
(a) General.--An alien (including an alien crewmember) who is an
applicant for admission or otherwise seeking admission or readmission
to or transit through the United States shall be inspected by an
immigration officer.
(b) Statements.--An applicant for admission may be required to state
under oath any information sought by an immigration officer about the
purposes and intentions of the applicant in seeking admission to the
United States, including the applicant's intended length of stay,
whether the applicant intends to remain permanently or become a citizen
of the United States, and whether the applicant is inadmissible.
(c) Inspection of Arriving Aliens and Certain Other Aliens Not
Admitted or Paroled.--(1) If an immigration officer decides that an
alien (except an alien described in paragraph (3) of this subsection)
who is arriving in the United States or is described in paragraph (2)
of this subsection is inadmissible under section 6301(a) or 6303 (a) or
(b) of this title--
(A) the officer shall order the alien removed from the United
States without further hearing or review; or
(B) if the alien indicates an intention to apply for asylum
under section 5106 of this title or a fear of persecution, the
officer shall refer the alien for an asylum interview under
section 6105 of this title.
(2)(A) The Attorney General may apply paragraph (1) of this
subsection to any alien described in subparagraph (B) of this paragraph
as designated by the Attorney General. A designation under this
paragraph is in the sole and unreviewable discretion of the Attorney
General and may be modified at any time.
(B) An alien described in this subparagraph is an alien who--
(i) is not described in paragraph (3) of this subsection;
(ii) has not been admitted or paroled into the United States;
and
(iii) has not affirmatively shown, to the satisfaction of an
immigration officer, that the alien has been physically present
in the United States continuously for the 2-year period
immediately before the date of the decision of inadmissibility
under this subsection.
(3) This subsection does not apply to an alien who--
(A) is a native or citizen of a country in the Western
Hemisphere with whose government the Federal Government does
not have full diplomatic relations; and
(B) arrives by aircraft at a port of entry.
(d) Inspection of Other Aliens.--(1) Subject to paragraphs (2) and
(3) of this subsection, if an immigration officer decides that an alien
who is an applicant for admission is not clearly and beyond a doubt
entitled to be admitted, the alien shall be detained for a proceeding
under section 6704 of this title.
(2) Paragraph (1) of this subsection does not apply to an alien--
(A) who is a stowaway;
(B) who is a crewmember; or
(C) to whom subsection (c) of this section applies.
(3) If an alien described in paragraph (1) of this subsection arrives
on land (whether or not at a designated port of arrival) from a foreign
territory contiguous to the United States, the Attorney General may
return the alien to that territory pending a proceeding under section
6704 of this title.
(e) Challenge of Decision.--The decision of the immigration officer
conducting the inspection, if favorable to the admission of an alien,
is subject to challenge by any other immigration officer. A challenge
operates to take the alien before an immigration judge for a proceeding
under section 6704 of this title.
Sec. 6103. Presentation of documentation
(a) Immigrant Arrivals.--An alien arriving in the United States as an
immigrant shall surrender the alien's immigrant visa to the immigration
officer at the port of entry. The immigration officer shall endorse on
the visa--
(1) the date and the port of arrival;
(2) the identity of the vessel, aircraft, or other means of
transportation; and
(3) any other information required by regulation.
(b) Nonimmigrant Arrivals.--(1) Except as provided in paragraph (2)
of this subsection, an alien arriving in the United States as a
nonimmigrant shall present or surrender to the immigration officer at
the port of entry any documentation required by regulation.
(2) An alien arriving in the United States as a nonimmigrant
crewmember and in possession of a passport and no other documentation
may be admitted until it is practicable to issue documentation to the
alien if--
(A) the name of the crewmember is on the crew list of the
vessel or aircraft on which the crewmember arrives;
(B) a consular officer has visaed the crew list (but the
consular officer may exclude a crewmember from the crew list
visa); and
(C) the alien is otherwise admissible.
(c) Records of Admission.--The Attorney General shall file--
(1) as a record of an alien's admission, an immigrant visa
surrendered by the alien under subsection (a) of this section;
and
(2) a record of admission to the United States that the
Attorney General considers necessary to enforce the immigration
laws, on the admission of--
(A) a returning resident immigrant under section
4311(b) of this title; or
(B) a nonimmigrant.
Sec. 6104. Physical and mental examinations
(a) General.--An alien (including an alien crewmember) arriving in
the United States shall be detained for a sufficient time for
observation and a physical and mental examination under this section to
determine whether the alien is inadmissible under section 6304 of this
title.
(b) Conduct of Examination.--(1) An examination under this section
shall be conducted under administrative regulations prescribed by the
Attorney General and medical regulations prescribed by the Secretary of
Health and Human Services.
(2)(A) The examination shall be conducted by a medical officer of the
Public Health Service. However, if a medical officer of the Public
Health Service is not available, the Attorney General may employ, on
terms the Attorney General prescribes, a civil surgeon with at least 4
years of professional experience.
(B) A physician of the armed forces of the United States with at
least 4 years of professional experience is deemed to be a civil
surgeon under subparagraph (A) of this paragraph if the alien to be
examined is a special immigrant as defined in section 133(a)(13) of
this title.
(c) Officers Trained in Mental Examinations.--Medical officers of the
Public Health Service, specially trained in diagnosing mental
disorders, shall be assigned to ports of entry designated by the
Attorney General. The Attorney General shall provide them with
interpreters and suitable facilities for the detention and examination
of arriving aliens suspected of being inadmissible under section 6304
of this title.
(d) Certification of Medical Conditions.--The physician conducting
the examination shall certify, for the information of immigration
officers and immigration judges, any observation by the physician that
the alien has a condition described in section 6304 of this title. If
the physician determines that the alien is inadmissible, is helpless
from sickness, physical or mental disability, or infancy, and is
accompanied by another alien whose protection or guardianship may be
required, the physician may certify those facts for purposes of
applying section 6305 of this title.
(e) Appeal of Certification.--An alien certified under this section
as having a condition described in section 6304 of this title may
appeal the certification to a board of medical officers of the Public
Health Service convened by the Secretary. The alien may present before
the board, at the alien's expense, one expert medical witness.
Sec. 6105. Asylum interviews
(a) Definitions.--In this section--
(1) ``asylum officer'' means an immigration officer who--
(A) has had professional training in country
conditions, asylum law, and interview techniques
comparable to that provided to full-time adjudicators
of applications under section 5106 of this title; and
(B) is supervised by an officer who meets the
condition described in subclause (A) of this clause and
has had substantial experience adjudicating asylum
applications.
(2) ``credible fear of persecution'' means a significant
possibility, taking into account the credibility of the
statements made by the alien in support of the alien's claim
and other facts known to the officer, that the alien could
establish eligibility for asylum under section 5106 of this
title.
(b) Conduct of Interview.--An asylum officer shall conduct an
interview of an alien referred for an interview under this section. The
interview may be conducted at a port of entry or other place designated
by the Attorney General.
(c) Credible Fear of Persecution.--If the asylum officer decides that
the alien has a credible fear of persecution, the alien shall be
detained for further consideration of the application for asylum.
(d) No Credible Fear of Persecution.--(1) Subject to paragraph (3) of
this subsection, if the asylum officer decides that the alien does not
have a credible fear of persecution, the officer shall order the alien
removed from the United States without further hearing or review.
(2) The officer shall prepare a written record of a decision under
paragraph (1) of this subsection. The record shall include a summary of
the material facts as stated by the applicant, any additional facts
relied on by the officer, and the officer's analysis of why, in the
light of those facts, the alien has not established a credible fear of
persecution. A copy of the officer's interview notes shall be attached
to the written summary.
(3) The Attorney General shall provide by regulation for prompt
review by an immigration judge, on the alien's request, of a decision
under paragraph (1) of this subsection that the alien does not have a
credible fear of persecution. The review shall include an opportunity
for the alien to be heard and questioned by the immigration judge, in
person or by telephone or video connection. Review shall be concluded
as expeditiously as possible, and to the maximum extent practicable
within 24 hours, but in no case later than 7 days after the date of the
decision under paragraph (1).
(4) An alien subject to the procedures under this subsection shall be
detained pending a final decision of credible fear of persecution and,
if found not to have such a fear, until removed.
(e) Information and Consultation About Interviews.--(1) The Attorney
General shall provide information about the asylum interview described
in this section to aliens who may be eligible.
(2) Under regulations prescribed by the Attorney General, an alien
who is eligible for an asylum interview may consult with one or more
individuals of the alien's choosing before the interview and any review
of the interview. The consultation shall be at no expense to the
Federal Government and may not unreasonably delay the process.
Sec. 6106. Limitations on review
(a) Limitation on Administrative Review.--Except as provided in
section 6105(d)(3) of this title, a removal order entered under section
6102(c)(1)(A) or 6105(d)(1) of this title is not subject to
administrative appeal, except that the Attorney General shall provide
by regulation for prompt review of an order under section 6102(c)(1)(A)
against an alien who claims under oath, or as permitted under penalty
of perjury under section 1746 of title 28, after having been warned of
the penalties for falsely making such a claim, to have been--
(1) lawfully admitted for permanent residence;
(2) admitted as a refugee under section 5105 of this title;
or
(3) granted asylum under section 5106 of this title.
(b) Limit on Collateral Attack.--In an action brought against an
alien under section 10148(b) or 10149(a) of this title, the court does
not have jurisdiction to hear any claim attacking the validity of an
order of removal entered under section 6102(c)(1)(A) or 6105(d) of this
title.
Sec. 6107. Aliens inadmissible on security and related grounds
(a) Action by Immigration Officer.--If an immigration officer or an
immigration judge suspects that an arriving alien may be inadmissible
under section 6310 (a) (1)-(3), (b), or (c) of this title, the officer
or judge shall--
(1) order the alien removed, subject to review under
subsection (b) of this section;
(2) report the order of removal to the Attorney General; and
(3) not conduct any further inquiry or hearing until ordered
by the Attorney General.
(b) Review by Attorney General.--(1) The Attorney General shall
review orders issued under subsection (a) of this section.
(2) The Attorney General may order the alien removed without further
inquiry or hearing by an immigration judge if the Attorney General--
(A) is satisfied on the basis of confidential information
that the alien is inadmissible under a provision referred to in
subsection (a) of this section; and
(B) after consulting with appropriate security agencies of
the Federal Government, concludes that disclosure of the
information would be prejudicial to the public interest,
safety, or security.
(3) If the Attorney General does not order the removal of the alien
under paragraph (2) of this subsection, the Attorney General shall
specify the further inquiry or hearing that shall be conducted in the
case.
(c) Submission of Statement and Information.--The alien or the
alien's representative may submit a written statement and additional
information for consideration by the Attorney General.
Sec. 6108. Presidential authority to limit admission of aliens
(a) General.--When the President finds that the admission of aliens
or a class of aliens into the United States would be detrimental to the
interests of the United States, the President, by proclamation, may
suspend the admission of all aliens or a class of aliens or impose
restrictions on their admission, for any period the President considers
necessary.
(b) United Nations Representatives Engaged in Espionage.--The
President shall use the authority of the President, including the
authority contained in section 6 of the Joint Resolution of August 4,
1947 (known as the United Nations Headquarters Agreement Act) (22
U.S.C. 287 note), to deny admission of an individual to the United
States as a representative to the United Nations if the President
determines that the individual has been found to have been engaged in
espionage activities directed against the United States or its allies
and may pose a threat to the security interests of the United States.
The President may waive this subsection if the President decides, and
notifies Congress, that the waiver is in the security interests of the
United States.
(c) Immediate Relatives and Business Partners of Drug Traffickers.--
The President shall take all reasonable steps provided by law to ensure
that the immediate relatives of an individual described in section
487(a) of the Foreign Assistance Act of 1961 (22 U.S.C. 2291f(a)), and
the business partners of an individual or entity described in section
487(a), are not admitted to the United States.
Sec. 6109. Suspension of admission of aliens transported on certain
airlines
If the Attorney General finds that a commercial airline has failed to
comply with regulations of the Attorney General related to requirements
of airlines for the detection of fraudulent documents used by
passengers traveling to the United States (including the training of
personnel in that detection), the Attorney General may suspend the
admission of some or all aliens transported to the United States by
that airline.
SUBCHAPTER II--ADMISSION OF CERTAIN ALIENS
Sec. 6121. Parole
(a) General.--Except as provided in section 2305(c) of this title,
the Attorney General, on a case-by-case basis for urgent humanitarian
reasons or significant public benefit, may parole temporarily into the
United States an alien applying for admission. However, if the alien is
a refugee, the Attorney General may parole the alien only if the
Attorney General finds compelling reasons in the public interest
requiring the alien to be paroled instead of admitted as a refugee.
Parole of an alien under this section is--
(1) subject to conditions the Attorney General may prescribe;
and
(2) not an admission to the United States.
(b) End of Parole.--When the Attorney General is of the opinion that
the purposes of the parole have been served, the alien immediately
shall return or be returned to the custody from which the alien was
paroled. Thereafter, the alien's application for admission shall
continue to be considered in the same manner as the application of any
other alien for admission.
Sec. 6122. Temporary admission of inadmissible nonimmigrants
(a) Visas.--An alien applying for a nonimmigrant visa who a consular
officer believes is ineligible for a visa under subchapter I of chapter
63 of this title may be issued a nonimmigrant visa and admitted
temporarily as a nonimmigrant if the Attorney General approves a
recommendation by the officer or the Secretary of State that the alien
be admitted temporarily despite the alien's inadmissibility.
(b) Admissions.--An alien inadmissible under subchapter I of chapter
63 of this title may be admitted temporarily as a nonimmigrant if the
alien is--
(1) in possession of appropriate documentation; or
(2) granted a waiver of the documentation requirements.
(c) Conditions To Control Admission and Return.--The Attorney General
shall prescribe conditions, including the filing of a bond as
necessary, to control the admission and return of aliens applying for
admission under this section.
(d) Nonapplication.--Subsections (a) and (b) of this section do not
apply to an alien who is inadmissible under section 6310(a) (1), (3),
or (4) or (c) or 6311 of this title.
Sec. 6123. Accredited officials of foreign governments
On a reciprocal basis, an accredited official of a government of a
foreign country, and the official's immediate family, attendants,
servants, and personal employees, may be admitted for immediate and
continuous transit through the United States without regard to
subchapter I of chapter 63 of this title (except sections 6301(a)(1)
and 6310 (a)-(c)).
Sec. 6124. Alien witnesses
(a) Waivers.--The Attorney General may waive the requirements of
section 2121(a) of this title and the grounds of inadmissibility in
subchapter I of chapter 63 of this title (except section 6311) for an
alien applying as a nonimmigrant classified under section 2326 of this
title if the Attorney General considers it in the national interest to
do so.
(b) Removal for Nondisclosure or Subsequent Conduct.--This section
does not prevent initiation of a removal proceeding against an alien
admitted as a nonimmigrant classified under section 2326 of this title,
for--
(1) conduct or a condition that was not disclosed to the
Attorney General before the alien's admission as a nonimmigrant
classified under that section; or
(2) conduct committed after the alien's admission to the
United States.
CHAPTER 63--INADMISSIBILITY
SUBCHAPTER I--GROUNDS
Sec.
6301. Lack of documentation.
6302. Present without admission or parole.
6303. Fraud and misrepresentation.
6304. Health.
6305. Aliens accompanying aliens who are inadmissible for health or
infancy.
6306. Public charges.
6307. Stowaways.
6308. Encouraging others to enter illegally.
6309. Criminal and immoral acts.
6310. National security.
6311. Participation in Nazi persecution or genocide.
6312. Ineligible for citizenship.
6313. Former citizens who renounced citizenship to avoid taxation.
6314. Evasion of military service.
6315. Student visa abusers.
6316. International child abduction.
6317. Aliens leaving Guam, Puerto Rico, or the Virgin Islands.
6318. Failure to attend removal proceeding.
6319. Aliens previously removed.
SUBCHAPTER II--RELATED PROVISIONS
6331. Sponsor's affidavit of support.
SUBCHAPTER I--GROUNDS
Sec. 6301. Lack of documentation
(a) General.--An alien is ineligible for admission to the United
States if the alien is seeking admission as--
(1) a nonimmigrant and does not satisfy the documentation
requirements of section 2121 of this title; or
(2) an immigrant and does not satisfy the documentation
requirements of section 4311 of this title.
(b) Labor Certifications.--An alien is ineligible for a visa or
admission to the United States if the alien is seeking admission as an
immigrant to perform skilled or unskilled labor and the Secretary of
Labor has not issued the certification required by section
4104(g)(2)(A) of this title.
(c) Graduates of Non-Accredited Medical Schools.--An alien is
ineligible for a visa or admission to the United States if the alien--
(1) is seeking admission as an immigrant principally to
perform services as a member of the medical profession;
(2) is a graduate of a medical school not accredited by an
entity approved by the Secretary of Education; and
(3) has not satisfied the requirements of section 4104(g)(1)
of this title.
(d) Uncertified Foreign Health-Care Workers.--An alien is ineligible
for a visa or admission to the United States if the alien--
(1) is seeking admission to perform labor as a health-care
worker other than as a physician; and
(2) has not satisfied the requirements of section 4104(g)(3)
of this title.
Sec. 6302. Present without admission or parole
(a) General.--An alien is ineligible for a visa or admission to the
United States if the alien--
(1) is present in the United States without having been
admitted or paroled; or
(2) arrives in the United States at a time or place not
designated by the Attorney General.
(b) Exception for Battered Women and Children.--Subsection (a) of
this section does not apply to an alien who demonstrates that--
(1) the alien qualifies for immigrant status under section
4301(a) (3), (4), (6), or (7) of this title;
(2)(A) the alien has been battered or subjected to extreme
cruelty by--
(i) a spouse or parent; or
(ii) a member of the spouse's or parent's family
residing in the same household as the alien, with the
spouse or parent consenting to or acquiescing in the
battery or cruelty; or
(B) the alien's child has been battered or subjected to
extreme cruelty by--
(i) a spouse or parent of the alien, without the
alien actively participating in the battery or cruelty;
or
(ii) a member of the spouse's or parent's family
residing in the same household as the alien, with the
spouse or parent consenting to or acquiescing in the
battery or cruelty, and without the alien actively
participating in the battery or cruelty; and
(3) a substantial connection exists between the battery or
cruelty described in clause (1) or (2) of this subsection and
the alien's unlawful entry into the United States.
(c) Nonapplication.--The requirements of subsection (b)(2) and (3) of
this section do not apply to an alien who demonstrates that the alien
first arrived in the United States before April 1, 1997.
Sec. 6303. Fraud and misrepresentation
(a) General.--(1) An alien is ineligible for a visa or admission to
the United States if the alien, by fraud or willful misrepresentation
of a material fact, obtained, or attempted or attempts to obtain, a
visa, other documentation, admission to the United States, or another
benefit under this title (except subchapter I of chapter 7, chapter 47,
subchapters II and III of chapter 131, and chapters 133 and 135).
(2) The Attorney General may waive paragraph (1) of this subsection
for an immigrant if--
(A) the immigrant is the spouse, son, or daughter of a
citizen of the United States or of an alien lawfully admitted
for permanent residence; and
(B) the Attorney General is satisfied that refusal of
admission of the immigrant would result in extreme hardship to
the citizen or lawfully resident spouse or parent of the
immigrant.
(3) No court has jurisdiction to review a decision of the Attorney
General about a waiver under paragraph (2) of this subsection.
(b) False Claim of Citizenship.--An alien is ineligible for a visa or
admission to the United States if the alien falsely claims, or has
falsely claimed, to be a citizen of the United States for any purpose
or benefit under any federal or state law.
(c) Subject to Civil Penalty for Document Fraud.--(1) An alien is
ineligible for a visa or admission to the United States if the alien is
the subject of a final order for violation of section 10125(b) of this
title.
(2) The Attorney General may waive paragraph (1) of this subsection
for humanitarian purposes or to ensure family unity if--
(A) the alien--
(i) is lawfully admitted for permanent residence,
proceeded temporarily abroad voluntarily and not under
an order of deportation or removal, and is otherwise
admissible to the United States as a returning resident
under section 4311(b) of this title; or
(ii) is seeking admission or readjustment of status
under section 4102(d)(6) or (7) or 4103 of this title;
(B) a previous civil monetary penalty was not imposed against
the alien under section 10125 of this title; and
(C) the offense was committed only to assist, aid, or support
the alien's spouse or child (and no other individual).
(3) No court has jurisdiction to review a decision of the Attorney
General about a waiver under paragraph (2) of this subsection.
Sec. 6304. Health
(a) Communicable Diseases.--(1) An alien is ineligible for a visa or
admission to the United States if the alien is found, under regulations
prescribed by the Secretary of Health and Human Services, to have a
communicable disease of public health significance or to be infected
with the etiologic agent for acquired immune deficiency syndrome.
(2)(A) The Attorney General may waive paragraph (1) of this
subsection for an alien who--
(i) is the spouse, unmarried son, unmarried daughter, or
adopted child of a citizen of the United States, of an alien
lawfully admitted for permanent residence, or of an alien who
has been issued an immigrant visa; or
(ii) has a son or daughter who is a citizen of the United
States, an alien lawfully admitted for permanent residence, or
an alien who has been issued an immigrant visa.
(B) A waiver under this paragraph is subject to any conditions,
including the filing of a bond, that the Attorney General may prescribe
by regulation after consultation with the Secretary.
(b) Failure To Be Vaccinated.--(1) An alien is ineligible for a visa
or admission to the United States if the alien--
(A) is seeking admission as an immigrant or adjustment of
status to the status of an alien lawfully admitted for
permanent residence; and
(B) has failed to present documentation of having received--
(i) vaccination against vaccine-preventable diseases,
including at least the following diseases: mumps,
measles, rubella, polio, tetanus and diphtheria
toxoids, pertussis, influenza type B, and hepatitis B;
and
(ii) any other vaccinations against vaccine-
preventable diseases recommended by the Advisory
Committee for Immunization Practices.
(2) The Attorney General may waive paragraph (1) of this subsection
for an alien if--
(A) the alien receives vaccination against the vaccine-
preventable diseases for which the alien has failed to present
documentation of previous vaccination;
(B) a civil surgeon, medical officer, or panel physician (as
those terms are defined by section 34.2 of title 42 of the Code
of Federal Regulations) certifies, under regulations the
Secretary may prescribe, that vaccination of the alien would
not be medically appropriate; or
(C) under circumstances the Attorney General provides by
regulation, the requirement of a vaccination would be contrary
to the alien's religious beliefs or moral convictions.
(c) Physical or Mental Disorders.--(1) An alien is ineligible for a
visa or admission to the United States if the alien is found, under
regulations prescribed by the Secretary in consultation with the
Attorney General--
(A) to have a physical or mental disorder and behavior
associated with the disorder that may pose, or has posed, a
threat to the property, safety, or welfare of the alien or
others; or
(B) to have had a physical or mental disorder and a history
of behavior associated with the disorder, which behavior has
posed a threat to the property, safety, or welfare of the alien
or others and which behavior is likely to recur or to lead to
other harmful behavior.
(2) The Attorney General may waive paragraph (1) of this subsection
for any alien. A waiver under this paragraph is subject to any
conditions, including the filing of a bond, that the Attorney General
may prescribe by regulation after consultation with the Secretary.
(d) Drug Abusers or Addicts.--An alien is ineligible for a visa or
admission to the United States if the alien is found, under regulations
prescribed by the Secretary, to be a drug abuser or addict.
Sec. 6305. Aliens accompanying aliens who are inadmissible for health
or infancy
An alien is ineligible for a visa or admission to the United States
if--
(1) the alien is accompanying another alien who is
inadmissible and who is certified to be helpless from sickness,
physical or mental disability, or infancy under section 6104(d)
of this title; and
(2) the alien's protection or guardianship is required by the
alien who is certified to be helpless as described in clause
(1) of this subsection.
Sec. 6306. Public charges
(a) General.--(1) An alien is ineligible for a visa or admission to
the United States if, in the opinion of the consular officer at the
time of application for a visa, or in the opinion of the Attorney
General at the time of application for admission or adjustment of
status, the alien is likely at any time to become a public charge.
(2)(A) In determining whether an alien is likely to become a public
charge, the consular officer or the Attorney General shall consider, at
a minimum, the alien's--
(i) age;
(ii) health;
(iii) family status;
(iv) assets, resources, and financial status; and
(v) education and skills.
(B) In addition to the factors in subparagraph (A) of this paragraph,
the consular officer or the Attorney General may also consider any
affidavit of support under section 6331 of this title.
(b) Family-Sponsored Immigrants.--An alien seeking admission or
adjustment of status under a visa number issued under section 4102(d)
(6), (7), or (8) or 4103 of this title is ineligible for a visa or
admission under subsection (a) of this section unless--
(1) the alien has obtained--
(A) status as a spouse or child of a United States
citizen under section 4301(a) (2), (3), or (4) of this
title; or
(B) classification under section 4301(a)(6) or (7) of
this title; or
(2) the person petitioning for the alien's admission
(including any additional sponsor required under section
6331(b)(5) of this title) has executed an affidavit of support
described in section 6331 for the alien.
(c) Certain Employment-Based Immigrants.--An alien seeking admission
or adjustment of status under a visa number issued under section 4104
of this title based on a classification petition filed by a relative of
the alien (or by an entity in which the relative has a significant
ownership interest) is ineligible for a visa or admission under
subsection (a) of this section unless the relative has executed an
affidavit of support described in section 6331 of this title for the
alien.
(d) Admission on Bond.--(1) The Attorney General may admit an alien
who is ineligible for a visa or admission under subsection (a) of this
section if--
(A) the alien is otherwise admissible and files a bond or
undertaking approved by the Attorney General; and
(B) the requirements for an affidavit of support and the
attribution of sponsor's income and resources under section
6331 of this title are met.
(2) A bond or undertaking under this subsection shall--
(A) be in an amount and contain conditions the Attorney
General prescribes; and
(B) be for the benefit of the United States, States,
territories and possessions of the United States, and political
subdivisions, holding them harmless against the alien's
becoming a public charge.
(3) When the alien permanently departs from the United States, is
naturalized, or dies, the bond terminates and the security held to
secure performance, except to the extent forfeited for a violation of
the bond, shall be returned to the person providing it or to the
person's legal representative.
(4) The Attorney General may bring a civil action on the bond in the
name of the United States for the benefit of the United States or of a
State, territory, possession, or political subdivision in which the
alien becomes a public charge, regardless of whether a demand for
payment of public expenses has been made.
Sec. 6307. Stowaways
An alien who is a stowaway is ineligible for a visa or admission to
the United States.
Sec. 6308. Encouraging others to enter illegally
(a) General.--An alien is ineligible for a visa or admission to the
United States if the alien at any time knowingly encouraged, induced,
or assisted another alien to enter or attempt to enter the United
States in violation of law.
(b) Nonapplication.--Subsection (a) of this section does not apply to
an alien who--
(1) is an eligible immigrant under section 301(b) of the
Immigration Act of 1990 (Public Law 101-649, 104 Stat. 5029);
(2) was physically present in the United States on May 5,
1988;
(3) is seeking--
(A) admission as an immediate relative;
(B) admission under section 4103(c) of this title
(including under section 112 of the Immigration Act of
1990 (Public Law 101-649, 104 Stat. 4987)); or
(C) benefits under section 301(a) of that Act (104
Stat. 5029); and
(4) before May 5, 1988, encouraged, induced, or assisted only
the alien's spouse, parent, son, or daughter (and no other
individual) to enter the United States in violation of law.
(c) Waivers.--The Attorney General may waive subsection (a) of this
section for humanitarian purposes, to ensure family unity, or when it
is otherwise in the public interest, for an alien who--
(1)(A) is lawfully admitted for permanent residence,
proceeded temporarily abroad voluntarily and not under an order
of removal, and is otherwise admissible as a returning resident
under section 4311(b) of this title; or
(B) is seeking admission or adjustment of status as an
immediate relative or immigrant under section 4103 (b), (c), or
(d) of this title; and
(2) has encouraged, induced, or assisted only an individual
who at the time of that action was the alien's spouse, parent,
son, or daughter (and no other individual) to enter the United
States in violation of law.
Sec. 6309. Criminal and immoral acts
(a) General.--Each of the following aliens is ineligible for a visa
or admission to the United States:
(1) An alien who has been convicted of, admits having
committed, or admits having committed acts that are the
essential elements of, an offense involving moral turpitude
(except a purely political offense) or an attempt or conspiracy
to commit such an offense, but this clause does not apply to an
alien who has committed only one offense if--
(A) the alien committed the offense when less than 18
years of age, and committed the offense and was
released from any confinement to a correctional
institution imposed for the offense more than 5 years
before applying for a visa or other documentation and
for admission; or
(B) the maximum imprisonment for the offense was not
more than one year and the alien was not sentenced to
more than 6 months, regardless of the extent to which
the sentence was ultimately executed.
(2) An alien who has been convicted of, admits having
committed, or admits having committed acts that are the
essential elements of, a violation of, or an attempt or
conspiracy to violate, a law or regulation of a State, the
United States, or a foreign country related to a controlled
substance (as defined in section 102 of the Controlled
Substances Act (21 U.S.C. 802)).
(3) An alien who a consular officer or an immigration officer
knows or reasonably believes is or has been--
(A) unlawfully trafficking in a controlled substance
(as defined in section 102 of the Controlled Substances
Act (21 U.S.C. 802)); or
(B) knowingly assisting, conspiring, or colluding
with others in unlawfully trafficking in such a
controlled substance.
(4) An alien who has been convicted of at least 2 offenses
(except purely political offenses) for which the total
sentences to confinement were at least 5 years, regardless of
whether--
(A) the convictions were in a single trial;
(B) the offenses arose from a single scheme of
misconduct; or
(C) the offenses involved moral turpitude.
(5) An alien who--
(A) is coming to the United States only, principally,
or incidentally to engage in prostitution, or has
engaged in prostitution within 10 years of the date of
applying for a visa, admission, or adjustment of
status;
(B)(i) procures or attempts to procure individuals
for prostitution;
(ii) within that 10-year period, procured or
attempted to procure or to import individuals for
prostitution; or
(iii) receives or, within that 10-year period,
received any part of the proceeds of prostitution; or
(C) is coming to the United States to engage in any
other unlawful commercialized vice, whether or not
related to prostitution.
(6) An alien who is coming to the United States to practice
polygamy.
(7) An alien--
(A) who has committed in the United States at any
time--
(i) a felony;
(ii) a crime of violence (as defined in
section 16 of title 18); or
(iii) an offense of reckless driving or
driving while intoxicated or under the
influence of alcohol or a prohibited substance
if the offense involved personal injury to
another;
(B) for whom immunity from criminal jurisdiction was
exercised for that offense;
(C) who as a consequence of the offense and exercise
of immunity has left the United States; and
(D) who subsequently has not submitted completely to
the jurisdiction of the court in the United States
having jurisdiction of that offense.
(8) An alien who at any time has voted in violation of any
federal, state, or local constitutional provision, statute,
ordinance, or regulation.
(b) Waivers.--(1) Except as provided in paragraph (2) of this
subsection, the Attorney General may waive subsection (a) (1), (4),
(5), or (7) of this section, or subsection (a)(2) of this section for a
single offense of simple possession of not more than 30 grams of
marijuana, for an immigrant if--
(A)(i) the Attorney General is satisfied that--
(I) the immigrant is inadmissible only under
subsection (a)(5)(A) or (B) of this section or the
activities for which the immigrant is inadmissible
occurred more than 15 years before the date of the
immigrant's application for a visa, admission, or
adjustment of status;
(II) the immigrant's admission would not be contrary
to the welfare, safety, or security of the United
States; and
(III) the immigrant has been rehabilitated; or
(ii) the immigrant is the spouse, parent, son, or daughter of
a citizen of the United States or of an alien lawfully admitted
for permanent residence and the Attorney General is satisfied
that the immigrant's inadmissibility would result in extreme
hardship to the citizen or to the alien lawfully admitted for
permanent residence; and
(B) the Attorney General consents (subject to conditions and
procedures the Attorney General may prescribe by regulation) to
the immigrant's applying or reapplying for a visa, admission,
or adjustment of status.
(2) A waiver may not be granted under this subsection for an
immigrant who--
(A) has been convicted of, or has admitted committing acts
that constitute, murder or a criminal act involving torture or
an attempt or conspiracy to commit murder or a criminal act
involving torture; or
(B) previously has been lawfully admitted for permanent
residence if the immigrant--
(i) has been convicted of an aggravated felony after
the date of that admission; or
(ii) has not resided lawfully and continuously in the
United States for at least 7 years immediately before
the date of initiation of a proceeding to remove the
alien from the United States.
(3) No court has jurisdiction to review a decision of the Attorney
General about a waiver under this subsection.
Sec. 6310. National security
(a) General.--An alien is ineligible for a visa or admission to the
United States if a consular officer or the Attorney General knows or
reasonably believes that the alien seeks admission to engage only,
principally, or incidentally in--
(1) an activity to violate a law of the United States related
to espionage or sabotage;
(2) an activity to violate or evade a law prohibiting the
export from the United States of goods, technology, or
sensitive information;
(3) an activity a purpose of which is to oppose, control, or
overthrow the Federal Government by force, violence, or other
unlawful means; or
(4) any other unlawful activity.
(b) Terrorist Activities.--(1) In this subsection--
(A) ``engage in terrorist activity'' means to commit, in an
individual capacity or as a member of an organization, a
terrorist activity or an act that the actor knows or reasonably
should know gives material support to an individual,
organization, or government in conducting a terrorist activity
at any time, including--
(i) preparing or planning a terrorist activity;
(ii) gathering information on potential targets for
terrorist activity;
(iii) providing any type of material support,
including a safe house, transportation, communications,
money, false documentation or identification, weapons,
explosives, or training, to an individual the actor
knows or reasonably should know has committed or plans
to commit a terrorist activity;
(iv) soliciting money or any other thing of value for
a terrorist activity or a terrorist organization; or
(v) soliciting an individual for membership in a
terrorist organization or terrorist government or to
engage in a terrorist activity.
(B) ``representative'' means an officer, official, or
spokesperson of an organization, and a person who directs,
counsels, commands, or induces an organization or its members
to engage in terrorist activity.
(C) ``terrorist activity'' means an activity that is unlawful
under the laws of the place where it is committed or that, if
committed in the United States, would be unlawful under the
laws of the United States or any State, and that involves--
(i) highjacking or sabotaging a vessel, aircraft,
vehicle, or other conveyance;
(ii) seizing or detaining, and threatening to kill,
injure, or continue to detain, another individual to
compel a third person (including a governmental entity)
to do or abstain from doing an act as an explicit or
implicit condition for the release of the individual
seized or detained;
(iii) a violent attack on an internationally
protected person (as defined in section 1116(b)(4) of
title 18) or on the liberty of such a person;
(iv) an assassination;
(v) the use, with intent to endanger the safety of an
individual or to cause substantial damage to property,
of a biological agent, chemical agent, nuclear weapon
or device, or, except for mere personal monetary gain,
an explosive or firearm; or
(vi) a threat, attempt, or conspiracy to do an
activity described in this paragraph.
(2) An alien is ineligible for a visa or admission to the United
States if--
(A) the alien has engaged in a terrorist activity;
(B) a consular officer or the Attorney General knows or
reasonably believes that the alien is engaged, or is likely to
engage after admission, in terrorist activity;
(C) the alien, in circumstances indicating an intention to
cause death or serious bodily harm, has at any time incited
terrorist activity;
(D) the alien is a representative of a foreign terrorist
organization (as designated by the Secretary of State under
section 219 of the Immigration and Nationality Act); or
(E) the alien is a member of a foreign terrorist organization
(as designated by the Secretary under section 219 of the
Immigration and Nationality Act) that the alien knows or should
have known is a terrorist organization.
(3) An alien who is an officer, official, representative, or
spokesperson of the Palestine Liberation Organization is deemed under
paragraph (1) of this subsection to be engaged in terrorist activity.
(c) Foreign Policy.--(1) An alien is ineligible for a visa or
admission to the United States if the Secretary of State reasonably
believes that the alien's admission or proposed activities in the
United States would have potentially serious adverse foreign policy
consequences for the United States.
(2) An alien who is an official of a government of a foreign country
or a purported government, or who is a candidate for election to a
government office of a foreign country during the period immediately
before the election for that office, may not be considered inadmissible
or subject to restrictions or conditions on entry under paragraph (1)
of this subsection only because of the alien's past, current, or
expected beliefs, statements, or associations, if the beliefs,
statements, or associations would be lawful in the United States.
(3) An alien not described in paragraph (2) of this subsection may
not be considered inadmissible or subject to restrictions or conditions
on entry under paragraph (1) of this subsection because of the alien's
past, current, or expected beliefs, statements, or associations, if the
beliefs, statements, or associations would be lawful in the United
States, unless the Secretary personally decides that the alien's
admission would compromise a compelling foreign policy interest of the
United States.
(4) If the Secretary decides under paragraph (3) of this subsection
that an alien's admission would compromise a compelling foreign policy
interest of the United States, the Secretary shall give timely notice
of the alien's identity and the reasons for the decision to the
chairmen of the Committees on the Judiciary and International Relations
of the House of Representatives and the Committees on the Judiciary and
Foreign Relations of the Senate.
(d) Membership in Totalitarian Party.--(1) An immigrant is ineligible
for a visa or admission to the United States if the immigrant is or has
been a member of or affiliated with the Communist or any other domestic
or foreign totalitarian party, including a subdivision or affiliate of
that party.
(2) Paragraph (1) of this subsection does not apply to an immigrant
because of membership or affiliation if the immigrant satisfies the
consular officer when applying for a visa, or the Attorney General when
applying for admission, that the membership or affiliation is or was--
(A) involuntary;
(B) only before the alien's 16th birthday;
(C) only by operation of law; or
(D) only to obtain employment, food rations, or other
essentials of living and the membership or affiliation is or
was necessary to obtain the employment, rations, or essentials.
(3) Paragraph (1) of this subsection does not apply to an immigrant
because of membership or affiliation if the immigrant satisfies the
consular officer when applying for a visa, or the Attorney General when
applying for admission, that--
(A) the membership or affiliation ended at least--
(i) 2 years before the date of applying; or
(ii) 5 years before the date of applying, if the
membership or affiliation was with the party
controlling the government of a foreign country that is
a totalitarian dictatorship as of that date; and
(B) the immigrant is not a threat to the security of the
United States.
(4) The Attorney General may waive paragraph (1) of this subsection
for an immigrant for humanitarian purposes, to ensure family unity, or
when it is otherwise in the public interest, if the immigrant--
(A) is the parent, spouse, son, daughter, brother, or sister
of a citizen of the United States or the spouse, son, or
daughter of an alien lawfully admitted for permanent residence;
and
(B) is not a threat to the security of the United States.
Sec. 6311. Participation in Nazi persecution or genocide
An alien is ineligible for a visa or admission to the United States
if the alien--
(1) at any time during the period from March 23, 1933,
through May 8, 1945, ordered, incited, assisted, or otherwise
participated in the persecution of an individual on account of
race, religion, national origin, or political opinion, under
the direction of, or in association with--
(A) the Nazi government of Germany;
(B) any government in an area occupied by the
military forces of the Nazi government of Germany;
(C) any government established with the assistance or
cooperation of the Nazi government of Germany; or
(D) any government that was an ally of the Nazi
government of Germany; or
(2) engaged in conduct that is defined as genocide under the
International Convention on the Prevention and Punishment of
Genocide.
Sec. 6312. Ineligible for citizenship
An immigrant is ineligible for a visa or admission to the United
States if the immigrant is permanently ineligible for citizenship.
Sec. 6313. Former citizens who renounced citizenship to avoid taxation
An alien is ineligible for a visa or admission to the United States
if--
(1) the alien is a former citizen of the United States who
after September 30, 1996, officially renounces United States
citizenship; and
(2) the Attorney General determines that the alien renounced
United States citizenship to avoid taxation by the Federal
Government.
Sec. 6314. Evasion of military service
An alien is ineligible for a visa or admission to the United States
if the alien departed from or remained outside the United States to
avoid or evade training or service in the armed forces of the United
States during war or a period declared by the President to be a
national emergency, unless the alien was a nonimmigrant at the time of
the departure and is seeking to reenter the United States as a
nonimmigrant.
Sec. 6315. Student visa abusers
An alien who, after November 28, 1996, acquires the status of a
nonimmigrant classified under section 2310(a)(1) of this title
(including an alien whose status is extended after that date) and
violates a term or condition of that status under section 2310(c) is
ineligible for a visa or admission to the United States until the alien
has been outside the United States for a continuous period of 5 years
after the date of the violation.
Sec. 6316. International child abduction
(a) General.--If, after a court in the United States has granted to
an individual the custody of a child who is a citizen of the United
States, an alien detains or withholds custody of the child outside the
United States from the individual granted custody by the court, the
alien is ineligible for a visa or admission to the United States until
the child is surrendered to the individual granted custody by the
court.
(b) Nonapplication.--Subsection (a) of this section does not apply as
long as the child is located in a foreign country whose government is a
party to the Hague Convention on the Civil Aspects of International
Child Abduction.
Sec. 6317. Aliens leaving Guam, Puerto Rico, or the Virgin Islands
An alien who leaves Guam, Puerto Rico, or the Virgin Islands and is
coming to the continental United States or another place under the
jurisdiction of the United States is subject to this chapter (except
section 6301(a)). An alien described in this section who is
inadmissible shall be removed immediately as provided in section 6717
of this title.
Sec. 6318. Failure to attend removal proceeding
An alien is ineligible for a visa or admission to the United States
if the alien--
(1) without reasonable cause fails or refuses to attend or
remain in attendance at a proceeding to determine the alien's
inadmissibility or deportability; and
(2) seeks admission to the United States within 5 years after
the alien's subsequent departure or removal.
Sec. 6319. Aliens previously removed
(a) Certain Aliens Previously Removed.--(1) An alien is ineligible
for a visa or admission to the United States if the alien--
(A) has been ordered removed under section 6102(c) or 6105 of
this title or at the end of a proceeding under section 6704 of
this title initiated on the alien's arrival in the United
States; and
(B) seeks admission--
(i) within 5 years after the date of that removal;
(ii) within 20 years after the date of that removal
if it was a 2d or subsequent removal; or
(iii) at any time if the alien has been convicted of
an aggravated felony.
(2) An alien not described in paragraph (1) of this subsection is
ineligible for a visa or admission to the United States if the alien--
(A) has been ordered removed under any law or has departed
the United States while an order of removal was outstanding;
and
(B) seeks admission--
(i) within 10 years after the date of that departure
or removal;
(ii) within 20 years after the date of that departure
or removal if it was a 2d or subsequent removal; or
(iii) at any time if the alien has been convicted of
an aggravated felony.
(3) Paragraphs (1) and (2) of this subsection do not apply to an
alien seeking admission within a period if, prior to the date of the
alien's reembarkation at a place outside the United States or attempt
to be admitted from foreign contiguous territory, the Attorney General
has consented to the alien's reapplying for admission.
(b) Aliens Unlawfully Present.--(1) An alien not lawfully admitted
for permanent residence is ineligible for a visa or admission to the
United States if the alien--
(A)(i) was unlawfully present in the United States for a
period of more than 180 days but less than one year;
(ii) voluntarily departed the United States (whether or not
under section 6714(a) of this title) before the initiation of a
proceeding under section 6102(c), 6105, or 6704 of this title;
and
(iii) seeks admission within 3 years after the date of that
departure or removal; or
(B)(i) has been unlawfully present in the United States for
at least one year; and
(ii) seeks admission within 10 years after the date of the
alien's departure or removal.
(2) Under paragraph (1) of this subsection, an alien is deemed to be
unlawfully present in the United States if the alien is present in the
United States after the expiration of the period of stay authorized by
the Attorney General or is present in the United States without being
admitted or paroled.
(3) In determining the period of unlawful presence in the United
States under paragraph (1) of this subsection--
(A) no period before April 1, 1997, may be included; and
(B) no period may be included during which the alien--
(i) is under 18 years of age;
(ii) has a bona fide application for asylum pending
under section 5106 of this title, unless during that
period the alien was employed without authorization in
the United States; or
(iii) is a beneficiary of family unity protection
under section 301 of the Immigration Act of 1990
(Public Law 101-649, 104 Stat. 5029).
(4) Paragraph (1) of this subsection does not apply to an alien who
would be described in section 6302(b) of this title if ``violation of
the terms of the alien's nonimmigrant visa'' were substituted for
``unlawful entry into the United States'' in section 6302(b)(3).
(5) The calculation of the period of time specified in paragraph
(1)(A) of this subsection shall be tolled (for not more than 120 days)
during a period that an application described in clause (B) of this
paragraph is pending if the alien--
(A) has been lawfully admitted or paroled into the United
States;
(B) has filed a nonfrivolous application for a change or
extension of status before the date of expiration of the period
of stay authorized by the Attorney General; and
(C) has not been employed without authorization in the United
States before or during the pendency of that application.
(6)(A) The Attorney General has sole discretion to waive paragraph
(1) of this subsection for an immigrant if--
(i) the immigrant is the spouse, son, or daughter of a
citizen of the United States or of an alien lawfully admitted
for permanent residence; and
(ii) the Attorney General is satisfied that refusal of
admission of the immigrant would result in extreme hardship to
the citizen or lawfully resident spouse or parent of the
immigrant.
(B) No court has jurisdiction to review a decision of the Attorney
General about a waiver under subparagraph (A) of this paragraph.
(c) Aliens Unlawfully Present After Previous Immigration
Violations.--(1) An alien is ineligible for a visa or admission to the
United States if the alien--
(A)(i) has been unlawfully present in the United States for a
total period of more than one year; or
(ii) has been ordered removed under any law; and
(B) enters or attempts to reenter the United States without
being admitted.
(2) Paragraph (1) of this subsection does not apply to an alien
seeking admission more than 10 years after the date of the alien's last
departure from the United States if, prior to the alien's reembarkation
at a place outside the United States or attempt to be readmitted from
foreign contiguous territory, the Attorney General has consented to the
alien's reapplying for admission.
SUBCHAPTER II--RELATED PROVISIONS
Sec. 6331. Sponsor's affidavit of support
(a) Definition.--In this section, ``federal poverty line'' means the
level of income equal to the official poverty line (as defined by the
Director of the Office of Management and Budget, as revised annually by
the Secretary of Health and Human Services, in accordance with section
673(2) of the Omnibus Budget Reconciliation Act of 1981 (42 U.S.C.
9902(2))) that is applicable to a family of the size involved.
(b) Eligible Sponsors.--(1) An individual may sponsor an alien by
executing an affidavit of support under this section if the
individual--
(A) is a national of the United States or an alien lawfully
admitted for permanent residence;
(B) is at least 18 years of age;
(C) is domiciled in a State, the District of Columbia, or a
territory or possession of the United States;
(D) is petitioning for admission of the alien under section
4301 or 4302 of this title; and
(E) demonstrates (as provided in subsection (i) of this
section) the means to maintain an annual income equal to at
least 125 percent of the federal poverty line.
(2) An individual who does not meet the requirement of paragraph
(1)(E) of this subsection may still be a sponsor if the individual
accepts joint and several liability with an individual under paragraph
(5) of this subsection.
(3) An individual who does not meet the requirement of paragraph
(1)(E) of this subsection may still be a sponsor if the individual--
(A) is on active duty (other than active duty for training)
in the armed forces of the United States;
(B) is petitioning for admission of the alien under section
4301 or 4302 of this title as the spouse or child of the
individual; and
(C) demonstrates (as provided in subsection (i) of this
section) the means to maintain an annual income equal to at
least 100 percent of the federal poverty line.
(4) An individual who does not meet the requirement of paragraph
(1)(D) of this subsection may still be a sponsor if the individual--
(A)(i) is the relative of the sponsored alien who filed a
classification petition for the sponsored alien as an
employment-based immigrant under section 4104 of this title; or
(ii) has a significant ownership interest in the entity that
filed the petition; and
(B)(i) demonstrates (as provided in subsection (i) of this
section) the means to maintain an annual income equal to at
least 125 percent of the federal poverty line; or
(ii) does not meet the requirement of paragraph (1)(E) of
this subsection but accepts joint and several liability with an
individual under paragraph (5) of this subsection.
(5) An individual who does not meet the requirement of paragraph
(1)(D) of this subsection may still be a sponsor if the individual--
(A) accepts joint and several liability with a petitioning
sponsor under paragraph (2) of this subsection or a relative of
an employment-based immigrant under paragraph (4) of this
subsection; and
(B) demonstrates (as provided in subsection (i) of this
section) the means to maintain an annual income equal to at
least 125 percent of the federal poverty line.
(c) Enforceability of Affidavit as Contract.--(1) A consular officer
or the Attorney General may not accept an affidavit of support to
establish that an alien is not inadmissible as a public charge under
section 6306 of this title, unless the affidavit is executed by a
sponsor of the alien as a contract--
(A) in which the sponsor agrees to provide support to
maintain the sponsored alien at an annual income equal to at
least 125 percent of the federal poverty line during the period
in which the affidavit is enforceable;
(B) that is legally enforceable against the sponsor by the
sponsored alien, the Federal Government, a State or political
subdivision of a State, or any other entity that provides any
means-tested public benefit, consistent with this section; and
(C) in which the sponsor agrees to submit to the jurisdiction
of any federal or state court for the purpose of a civil action
brought under subsection (d)(2) of this section.
(2) An affidavit of support is enforceable with respect to benefits
provided for an alien before the earlier of--
(A) the date the alien is naturalized as a citizen of the
United States; or
(B) the termination date provided in paragraph (3) of this
subsection.
(3)(A) An affidavit of support is not enforceable after the alien--
(i) has worked 40 qualifying quarters of coverage as defined
under title II of the Social Security Act (42 U.S.C. 401 et
seq.) or can be credited with those qualifying quarters as
provided in subparagraph (B) of this paragraph; and
(ii) in the case of a qualifying quarter creditable for a
period beginning after December 31, 1996, did not receive any
federal means-tested public benefit (as provided in section
15124 of this title) during that period.
(B) Except as provided in subparagraph (C) of this paragraph, in
determining for purposes of this section the number of qualifying
quarters of coverage under title II of the Social Security Act (42
U.S.C. 401 et seq.), an alien shall be credited with--
(i) all the qualifying quarters worked by a parent of the
alien while the alien was under 18 years of age; and
(ii) all the qualifying quarters worked by a spouse of the
alien during their marriage if the alien remains married to the
spouse or the spouse is deceased.
(C) A qualifying quarter of coverage that is creditable under title
II of the Social Security Act (42 U.S.C. 401 et seq.) for a period
beginning after December 31, 1996, may not be credited to an alien
under subparagraph (B) of this paragraph if the parent or spouse
received a federal means-tested public benefit (as provided in section
15124 of this title) during the period for which the qualifying quarter
is credited.
(D) The Attorney General shall ensure that appropriate information
about the application of this paragraph (3) is provided to the system
for alien verification of eligibility (SAVE) described in section
1137(d)(3) of the Social Security Act (42 U.S.C. 1320b-7(d)(3)).
(d) Reimbursement of Government Expenses.--(1)(A) On notification
that a sponsored alien has received any means-tested public benefit,
the appropriate nongovernmental entity that provided the benefit or the
appropriate entity of the Federal Government, a State, or a political
subdivision of a State shall request reimbursement by the sponsor in an
amount equal to the unreimbursed costs of the benefit.
(B) The Attorney General, in consultation with the heads of other
appropriate federal departments, agencies, and instrumentalities shall
prescribe regulations necessary to carry out subparagraph (A) of this
paragraph.
(2)(A) If, within 45 days after a request for reimbursement under
paragraph (1)(A) of this subsection, the appropriate entity has not
received a response from the sponsor indicating a willingness to
commence payment, a civil action may be brought against the sponsor
pursuant to the affidavit of support.
(B) If the sponsor fails to comply with the repayment terms
established by the appropriate entity, the entity may bring a civil
action against the sponsor pursuant to the affidavit of support.
(C) A civil action under this paragraph must be brought within 10
years after the date on which the sponsored alien last received any
means-tested public benefit to which the affidavit of support applies.
(3) If the appropriate entity under paragraph (1)(A) of this
subsection requests reimbursement from the sponsor or brings a civil
action against the sponsor pursuant to the affidavit of support, the
appropriate entity may appoint or hire another person to act on behalf
of the entity acting under the authority of law for purposes of
collecting any amounts owed.
(e) Benefits Not Subject to Reimbursement.--The requirement for
reimbursement under this section does not apply to--
(1) medical assistance described in section 15121(b)(1)(A) of
this title or assistance described in section 15142(b)(1) of
this title;
(2) short-term, non-cash, in-kind emergency disaster relief;
(3) assistance or benefits under the National School Lunch
Act (42 U.S.C. 1751 et seq.);
(4) assistance or benefits under the Child Nutrition Act of
1966 (42 U.S.C. 1771 et seq.);
(5) public health assistance (except assistance under title
XIX of the Social Security Act (42 U.S.C. 1396 et seq.)) for
immunizations with respect to immunizable diseases and for
testing and treatment of symptoms of communicable diseases
whether or not those symptoms are caused by a communicable
disease;
(6) payments for foster care and adoption assistance under
parts B and E of title IV of the Social Security Act (42 U.S.C.
620 et seq., 670 et seq.) for a parent or child, but only if
the foster or adoptive parent (or parents) of the child is a
qualified alien as defined in section 15102(b) of this title;
(7) programs, services, or assistance (such as soup kitchens,
crisis counseling and intervention, and short-term shelter)
specified by the Attorney General, in the Attorney General's
sole and unreviewable discretion after consultation with the
heads of appropriate federal departments, agencies, and
instrumentalities, that--
(A) deliver in-kind services at the community level,
including through public or private nonprofit agencies;
(B) do not condition the provision of assistance, the
amount of assistance provided, or the cost of
assistance provided on the individual recipient's
income or resources; and
(C) are necessary for the protection of life or
safety;
(8) programs of student assistance under titles IV, V, IX,
and X of the Higher Education Act of 1965 (20 U.S.C. 1070 et
seq., 1101 et seq., 1134 et seq., 1135 et seq., 42 U.S.C. 2751
et seq.), and titles III, VII, and VIII of the Public Health
Service Act (42 U.S.C. 241 et seq., 292 et seq., 296 et seq.);
(9) benefits under the Head Start Act (42 U.S.C. 9831 et
seq.);
(10) means-tested programs under the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 6301 et seq.); or
(11) benefits under the Job Training Partnership Act (29
U.S.C. 1501 et seq.).
(f) Remedies.--Remedies available to enforce an affidavit of support
under this section include the remedies described in sections 3201,
3203, 3204, and 3205 of title 28, an order for specific performance and
payment of legal fees and other costs of collection, and corresponding
remedies available under state law. A federal department, agency, or
instrumentality may seek to collect amounts owed under this section as
provided in subchapter II of chapter 37 of title 31.
(g) Jurisdiction.--A civil action to enforce an affidavit of support
executed under this section may be brought against the sponsor in any
appropriate court by--
(1) a sponsored alien, with respect to financial support; or
(2) the appropriate entity of the Federal Government, a State
or political subdivision of a State, or any other
nongovernmental entity under subsection (d)(2) of this section,
with respect to reimbursement.
(h) Notification of Change of Address.--(1) The sponsor shall notify
the Attorney General and the State in which the sponsored alien is
currently a resident within 30 days of any change of address of the
sponsor during the period in which an affidavit of support is
enforceable.
(2) After notice and an opportunity for a hearing, a person found to
have violated paragraph (1) of this subsection is liable to the Federal
Government for a civil penalty of--
(A) at least $250 but not more than $2,000; or
(B) at least $2,000 but not more than $5,000, if the failure
occurs with knowledge that the sponsored alien has received any
means-tested public benefits (other than benefits described in
section 15121(b) (1)-(3), 15124(b), or 15142(b) of this title).
(3) The Attorney General shall enforce paragraph (2) of this
subsection under appropriate regulations.
(i) Demonstration of Means To Maintain Income.--(1) An individual may
demonstrate under this section the means to maintain income by
providing--
(A) a certified copy of the individual's federal income tax
return for the 3 most recent taxable years; and
(B) a written statement, executed under oath or as permitted
under penalty of perjury under section 1746 of title 28, that
the copies are certified copies of the returns.
(2) An alien may demonstrate the means to maintain income through
demonstration of significant assets of the sponsored alien or of the
sponsor, if the assets are available for the support of the sponsored
alien.
(3) A reference to an annual income equal to at least a particular
percentage of the federal poverty line means an annual income equal to
at least that percentage for a family unit of a size equal to--
(A) the number of members of the sponsor's household,
including family and non-family dependents; plus
(B) the total number of other dependents and aliens sponsored
by that sponsor.
(4) The Secretary of State, or the Attorney General in the case of
adjustment of status, may provide that the demonstration under this
subsection applies only to the most recent taxable year.
(j) Sponsor's Social Security Account Number.--(1) An affidavit of
support shall include the social security account number of each
sponsor.
(2) The Attorney General shall develop an automated system to
maintain the social security account number data provided under
paragraph (1) of this subsection.
(3) The Attorney General shall submit an annual report to the
Committees on the Judiciary of the House of Representatives and the
Senate setting forth--
(A) for the most recent fiscal year for which data are
available, the number of sponsors under this section and the
number of sponsors in compliance with the financial obligations
of this section; and
(B) a comparison of those numbers with the numbers of the
sponsors for the prior fiscal year.
CHAPTER 65--DEPORTABILITY
SUBCHAPTER I--GROUNDS
Sec.
6501. Inadmissible at time of admission or adjustment of status or in
the United States illegally.
6502. Marriage fraud and failure to marry timely.
6503. Public charges.
6504. Failure to maintain status or satisfy conditions of admission.
6505. Encouraging others to enter illegally.
6506. Criminal offenses.
6507. Failure to register and falsification of documents.
6508. National security.
6509. Participation in Nazi persecution or genocide.
SUBCHAPTER II--RELATED PROVISIONS
6531. Nonapplication of certain grounds to special immigrants dependent
on juvenile court.
SUBCHAPTER I--GROUNDS
Sec. 6501. Inadmissible at time of admission or adjustment of status or
in the United States illegally
(a) General.--An alien is deportable if the alien--
(1) was inadmissible at the time of admission or adjustment
of status under the law in effect at that time; or
(2) is present in the United States in violation of a law of
the United States.
(b) Waivers for Certain Misrepresentations.--(1) The Attorney General
may waive subsection (a)(1) of this section for an alien (except an
alien deportable under section 6509 of this title) who was inadmissible
under section 6303(a)(1) of this title at the time of admission if the
alien--
(A) is the spouse, parent, son, or daughter of a citizen of
the United States or of an alien lawfully admitted for
permanent residence;
(B) was in possession of an immigrant visa or equivalent
documentation at the time of admission; and
(C) was otherwise admissible at the time of admission, except
under section 4311(a)(1) or 6301(a)(2) or (b) of this title as
a direct result of the fraud or misrepresentation.
(2) A waiver of deportation under paragraph (1) of this subsection
for fraud or misrepresentation is also a waiver of deportation based on
other grounds of inadmissibility directly resulting from the fraud or
misrepresentation.
Sec. 6502. Marriage fraud and failure to marry timely
(a) Marriage Fraud.--(1) An alien is deportable if--
(A) the alien obtained admission to the United States with an
immigrant visa or other documentation obtained on the basis of
a marriage that was entered into less than 2 years before the
alien's admission and that was judicially annulled or
terminated within 2 years after the alien's admission; or
(B) the Attorney General is satisfied that the alien failed
or refused to fulfill the alien's marital agreement which, in
the opinion of the Attorney General, was made to obtain
admission to the United States as an immigrant.
(2) Paragraph (1)(A) of this subsection does not apply to an alien
who satisfies the Attorney General that the marriage was not made to
evade the immigration laws.
(b) Failure To Marry Within 90 Days.--An alien admitted to the United
States as a nonimmigrant classified under section 2309(a) of this
title, and a minor child of the alien accompanying or following to join
the alien, shall depart from the United States if, with 90 days after
admission, the alien does not marry the citizen who filed the petition
for the alien under section 2309(b) of this title. If they do not
depart, they shall be removed.
Sec. 6503. Public charges
An alien is deportable if the alien, within 5 years after admission,
has become a public charge from causes not affirmatively shown to have
arisen since admission.
Sec. 6504. Failure to maintain status or satisfy conditions of
admission
(a) Nonimmigrant Status Not Maintained.--(1) Subject to paragraph (2)
of this subsection, an alien admitted to the United States as a
nonimmigrant is deportable if the alien does not--
(A) maintain the nonimmigrant status under which the alien
was admitted or which the alien acquired under section 9108 of
this title; or
(B) comply with a condition of the nonimmigrant status.
(2) An alien admitted as a nonimmigrant classified under section
2301(1) or 2302(1) of this title and not maintaining the nonimmigrant
status under which the alien was admitted is deportable only if--
(A) the Secretary of State approves; or
(B) the alien is deportable under section 6508 or 6509 of
this title.
(b) Noncompliance With Health Waiver Conditions.--An alien admitted
to the United States as a result of a waiver under section 6304 of this
title is deportable if the Secretary of Health and Human Services
certifies that the alien has not complied with a condition of the
waiver.
(c) Termination of Conditional Permanent Resident Status.--An alien
lawfully admitted for permanent residence on a conditional basis under
chapter 45 of this title is deportable if the status is terminated.
However, this subsection does not apply if a waiver is granted under
section 4506(b) of this title.
Sec. 6505. Encouraging others to enter illegally
(a) General.--An alien is deportable if the alien, before or within 5
years after admission, knowingly encouraged, induced, or assisted
another alien to enter or attempt to enter the United States in
violation of law.
(b) Nonapplication.--Subsection (a) of this section does not apply to
an alien who--
(1) is an eligible immigrant under section 301(b) of the
Immigration Act of 1990 (Public Law 101-649, 104 Stat. 5029);
(2) was physically present in the United States on May 5,
1988;
(3) is seeking--
(A) admission as an immediate relative;
(B) admission under section 4103(c) of this title
(including under section 112 of the Immigration Act of
1990 (Public Law 101-649, 104 Stat. 4987)); or
(C) benefits under section 301(a) of that Act (104
Stat. 5029); and
(4) before May 5, 1988, encouraged, induced, or assisted only
the alien's spouse, parent, son, or daughter (and no other
individual) to enter the United States in violation of law.
(c) Waivers.--The Attorney General may waive subsection (a) of this
section for humanitarian purposes, to ensure family unity, or when it
is otherwise in the public interest, for an alien who--
(1) is lawfully admitted for permanent residence; and
(2) has encouraged, induced, or assisted only an individual
who at the time of that action was the alien's spouse, parent,
son, or daughter (and no other individual) to enter the United
States in violation of law.
Sec. 6506. Criminal offenses
(a) General.--(1) An alien is deportable if--
(A)(i) the alien is convicted of an offense involving moral
turpitude committed within 5 years after admission or, if the
alien is granted the status of an alien lawfully admitted for
permanent residence under section 9101(e) of this title, within
10 years after admission; and
(ii) a sentence of one year or more may be imposed for the
offense;
(B) the alien is convicted, after admission, of at least 2
offenses involving moral turpitude not arising out of a single
scheme of misconduct, regardless of whether the convictions
were in a single trial or the alien was confined for the
convictions;
(C) the alien is convicted, after admission, of an aggravated
felony; or
(D) the alien is convicted of violating section 758 of title
18.
(2) Paragraph (1) of this subsection does not apply to a conviction
of an alien if the President or the chief executive officer of a State
has granted the alien a full and unconditional pardon.
(b) Controlled Substances.--An alien is deportable if the alien--
(1) is convicted, after admission, of violating, or
conspiring or attempting to violate, a law or regulation of a
State, the United States, or a foreign country related to a
controlled substance (as defined in section 102 of the
Controlled Substances Act (21 U.S.C. 802)), except a single
offense of possession for one's own use of not more than 30
grams of marijuana; or
(2) is, or at any time after admission has been, a drug
abuser or addict.
(c) Firearms.--An alien is deportable if the alien, after admission,
is convicted under any law of purchasing, selling, offering for sale,
exchanging, using, owning, possessing, or carrying, or attempting or
conspiring to purchase, sell, offer for sale, exchange, use, own,
possess, or carry, in violation of law any weapon, part, or accessory
that is a firearm or destructive device (as defined in section 921(a)
of title 18).
(d) Domestic Violence and Related Offenses.--(1) In this subsection--
(A) ``offense of domestic violence'' means a crime of
violence (as defined in section 16 of title 18) against an
individual committed by--
(i) a current or former spouse of the victim;
(ii) an individual with whom the victim shares a
child in common;
(iii) an individual with whom the victim is
cohabiting or has cohabited as a spouse;
(iv) an individual similarly situated to a spouse of
the victim under the domestic or family violence laws
of the jurisdiction where the offense occurs; or
(v) any other individual against a victim who is
protected from that individual's acts under the
domestic or family violence laws of the United States
or a State, Indian tribal government, or unit of local
government.
(B) ``protection order'' means an injunction issued for the
purpose of preventing violent or threatening acts of domestic
violence, including a temporary or final order issued by a
civil or criminal court (except a support or child custody
order or provision) whether obtained by filing an independent
action or as a pendente lite order in another proceeding.
(2) A alien is deportable if the alien, after admission--
(A) is convicted of an offense of domestic violence,
stalking, child abuse, child neglect, or child abandonment; or
(B) is enjoined under a protection order by a court and the
court determines that the alien has violated a part of the
order that involves protection against credible threats of
violence, repeated harassment, or bodily injury to an
individual for whom the protection order was issued.
(e) Unlawful Voters.--An alien is deportable if the alien at any time
has voted in violation of any federal, state, or local constitutional
provision, statute, ordinance, or regulation.
(f) Miscellaneous.--An alien is deportable if the alien has been
convicted at any time (and the judgment on the conviction has become
final) of violating or conspiring or attempting to violate--
(1) section 711 or 10151(a) of this title;
(2) chapter 37, 105, or 115 of title 18, if a term of
imprisonment of at least 5 years may be imposed;
(3) section 871 or 960 of title 18;
(4) the Trading with the Enemy Act (50 App. U.S.C. 1 et
seq.); or
(5) the Military Selective Service Act (50 App. U.S.C. 451 et
seq.).
Sec. 6507. Failure to register and falsification of documents
(a) Address Notification.--An alien is deportable if the alien has
not complied with section 8104 of this title, unless the Attorney
General is satisfied that the noncompliance was reasonably excusable or
not willful.
(b) Failure To Register and Falsification of Documents.--An alien is
deportable if the alien has been convicted at any time of--
(1) violating section 10145 of this title;
(2) violating section 36(c) of the Alien Registration Act,
1940;
(3) violating, or attempting or conspiring to violate, the
Foreign Agents Registration Act of 1938 (22 U.S.C. 611 et
seq.);
(4) violating the Act of August 1, 1956 (50 U.S.C. 851 et
seq.) or a regulation under that Act; or
(5) violating, or attempting or conspiring to violate,
section 1546 of title 18.
(c) False Claim of Citizenship.--An alien is deportable if the alien
falsely claims, or has falsely claimed, to be a citizen of the United
States for any purpose or benefit under any federal or state law.
(d) Subject to Civil Penalty for Document Fraud.--(1) An alien is
deportable if the alien is the subject of a final order for violation
of section 10125(b) of this title.
(2) The Attorney General may waive paragraph (1) of this subsection
if--
(A) the alien is lawfully admitted for permanent residence;
(B) a previous civil monetary penalty was not imposed against
the alien under section 10125 of this title; and
(C) the offense was committed only to assist, aid, or support
the alien's spouse or child (and no other individual).
(3) No court has jurisdiction to review a decision of the Attorney
General about a waiver under paragraph (2) of this subsection.
Sec. 6508. National security
(a) General.--An alien is deportable if the alien has engaged or
engages in--
(1) an activity to violate a law of the United States related
to espionage or sabotage;
(2) an activity to violate or evade a law prohibiting the
export from the United States of goods, technology, or
sensitive information;
(3) an activity a purpose of which is to oppose, control, or
overthrow the Federal Government by force, violence, or other
unlawful means; or
(4) any other criminal activity that endangers public safety
or the security of the United States.
(b) Terrorist Activities.--An alien is deportable if the alien has
engaged or engages in a terrorist activity as defined in section
6310(b) of this title.
(c) Foreign Policy.--(1) An alien is deportable if the Secretary of
State reasonably believes that the alien's presence or activities in
the United States would have potentially serious adverse foreign policy
consequences for the United States.
(2) The exceptions described in section 6310(c) (2) and (3) of this
title apply to deportability under this subsection in the same way that
they apply to inadmissibility under section 6310(c)(1).
Sec. 6509. Participation in Nazi persecution or genocide
An alien described in section 6311 of this title is deportable.
SUBCHAPTER II--RELATED PROVISIONS
Sec. 6531. Nonapplication of certain grounds to special immigrants
dependent on juvenile court
The following sections do not apply to a special immigrant as defined
in section 133(a)(12) of this title, based on circumstances that
existed before the date the alien acquired the special immigrant
status:
(1) Sections 6501(a) and 6504 of this title, except to the
extent related to a ground of inadmissibility described in
section 6309(a) (1)-(5) or (7), 6310, or 6311 of this title.
(2) Section 6507(a) of this title.
CHAPTER 67--REMOVAL PROCEDURE
Sec.
6701. Definitions.
6702. Arrest and detention pending decision on removal.
6703. Initiation of removal proceeding.
6704. Removal proceeding.
6705. Expedited removal proceeding for aliens convicted of aggravated
felonies.
6706. Judicial removal of criminal aliens.
6707. Right to counsel.
6708. Sanctions for frivolous behavior and contempt.
6709. Proof of convictions.
6710. Motions to reconsider or reopen.
6711. Finality of administrative removal order.
6712. Judicial review.
6713. Limitation on discretionary relief for failure to appear.
6714. Voluntary departure.
6715. Detention, release, and removal of aliens ordered removed.
6716. Countries to which aliens may be removed.
6717. Immediate removal of arriving aliens.
6718. Requirements of persons providing transportation.
6719. Costs of detention, maintenance, and removal.
6720. Aliens requiring personal care during removal.
6721. Cancellation of removal and adjustment of status.
6722. Places of detention.
6723. No enforceable rights created.
6724. Review by Attorney General and Comptroller General of certain
proceedings.
Sec. 6701. Definitions
In sections 6704 and 6721 of this title--
(1) ``exceptional circumstances'' means exceptional
circumstances beyond the control of the alien, such as serious
illness of the alien or serious illness or death of the spouse,
child, or parent of the alien, but not including less
compelling circumstances.
(2) ``removable'' means--
(A) for an alien not admitted to the United States,
that the alien is inadmissible under chapter 63 of this
title; or
(B) for an alien admitted to the United States, that
the alien is deportable under chapter 65 of this title.
Sec. 6702. Arrest and detention pending decision on removal
(a) General.--On a warrant issued by the Attorney General, an alien
may be arrested and detained pending a decision whether to remove the
alien from the United States. Except as provided in subsection (c) of
this section, the Attorney General, pending that decision--
(1) may continue to detain the alien;
(2) may release the alien on--
(A) bond of at least $1,500 with security approved
by, and containing conditions prescribed by, the
Attorney General; or
(B) conditional parole; but
(3) may not provide the alien with work authorization
(including an ``employment authorized'' endorsement or other
appropriate work permit) unless the alien is lawfully admitted
for permanent residence or would otherwise (without regard to a
removal proceeding) be provided with work authorization.
(b) Revocation of Bond or Parole.--The Attorney General at any time
may revoke a bond or parole authorized under subsection (a) of this
section, rearrest the alien under the original warrant, and detain the
alien.
(c) Criminal Aliens.--(1) This subsection applies to an alien who
is--
(A) inadmissible under section 6309(a) (1)-(5) or (7) of this
title;
(B) deportable under section 6506(a)(1)(A) of this title on
the basis of an offense for which the alien has been sentenced
to a term of imprisonment of at least one year;
(C) deportable under section 6506 (a)(1) (B) or (C), (b),
(c), or (f) of this title; or
(D) inadmissible under section 6310(b) of this title or
deportable under section 6508(b) of this title.
(2) The Attorney General shall take into custody an alien described
in paragraph (1) of this subsection when the alien is released, without
regard to whether the alien is released on parole, supervised release,
or probation, and without regard to whether the alien may be arrested
or imprisoned again for the same offense.
(3) The Attorney General may release an alien taken into custody
under paragraph (2) of this subsection only if--
(A) the Attorney General decides under section 3521 of title
18 that release of the alien is necessary to provide protection
to a witness, a potential witness, a person cooperating with an
investigation into major criminal activity, or an immediate
family member or close associate of a witness, potential
witness, or person cooperating with such an investigation; and
(B) the alien satisfies the Attorney General that the alien
will not pose a danger to the safety of other persons or
property and is likely to appear for any scheduled proceeding.
(4) A decision about releasing an alien under paragraph (3) of this
subsection shall be made in accordance with a procedure that considers
the severity of the offense committed by the alien.
(d) State and Local Authority.--(1) Subject to paragraph (2) of this
subsection, state and local law enforcement officials, to the extent
permitted by state and local law, may arrest and detain an alien who--
(A) is illegally present in the United States; and
(B) previously has been convicted of a felony in the United
States and been deported or removed or has left the United
States after the conviction.
(2) Before making an arrest under paragraph (1) of this subsection,
the state and local law enforcement officials shall obtain appropriate
confirmation from the Commissioner of Immigration and Naturalization of
the status of the alien. The alien may be detained only as long as
necessary for the Commissioner to take the alien into federal custody
for purposes of removing the alien from the United States.
(3) The Attorney General shall cooperate with the States to ensure
that information in the control of the Attorney General, including
information in the National Crime Information Center, that would assist
state and local law enforcement officials in carrying out duties under
paragraphs (1) and (2) of this subsection is made available to the
officials.
(e) Judicial Review.--The Attorney General's discretionary judgment
about the application of subsections (a)-(c) of this section is not
subject to review. No court may set aside an action or decision of the
Attorney General under subsections (a)-(c) about the detention or
release of an alien or the grant, revocation, or denial of bond or
parole.
Sec. 6703. Initiation of removal proceeding
(a) Notice to Appear.--(1) In a removal proceeding under section 6704
of this title, written notice to appear shall be given in person to the
alien or, if personal service is not practicable, through service by
mail to the alien or to the alien's counsel of record, if any. The
notice shall state--
(A) the nature of the proceeding against the alien;
(B) the legal authority under which the proceeding is
conducted;
(C) the acts or conduct alleged to be in violation of law;
(D) the charges against the alien and the statutory
provisions alleged to have been violated;
(E) the right of the alien to be represented by counsel (as
provided in section 6707(a) of this title) and to be provided--
(i) a period of time to secure counsel as provided in
subsection (b)(1) of this section; and
(ii) a current list of counsel prepared under section
6707(b) of this title;
(F)(i) the requirement that, if the alien has not already
done so, the alien shall immediately provide the Attorney
General with a written record of an address and telephone
number (if any) at which the alien may be contacted about the
proceeding;
(ii) the requirement that the alien shall immediately provide
the Attorney General with a written record of any change of the
alien's address or telephone number; and
(iii) the consequences under section 6704(f) of this title of
failing to provide the address and telephone information; and
(G)(i) the time and place of the proceeding; and
(ii) the consequences under section 6704(f) of this title of
failing, except under exceptional circumstances, to appear at
the proceeding.
(2)(A) Except as provided in subparagraph (B) of this paragraph, if
there is any change in the time or place of the proceeding, a written
notice shall be given in person to the alien or, if personal service is
not practicable, through service by mail to the alien or to the alien's
counsel of record, if any. The notice shall state--
(i) the new time or place of the proceeding; and
(ii) the consequences under section 6704(f) of this title of
failing, except under exceptional circumstances, to appear at
the proceeding.
(B) Written notice under subparagraph (A) of this paragraph is not
required if the alien is not in detention and has failed to provide the
address required under paragraph (1)(F) of this subsection.
(3) The Attorney General shall create a system to record and preserve
on a timely basis notices of addresses and telephone numbers (and
changes) provided under paragraph (1)(F) of this subsection.
(b) Time To Secure Counsel.--(1) To allow an alien the opportunity to
secure counsel before the first hearing date in a proceeding under
section 6704 of this title, the hearing date may not be scheduled
earlier than 10 days after the service of the notice to appear, unless
the alien requests in writing an earlier hearing date.
(2) This subsection does not prevent the Attorney General from
proceeding against an alien under section 6704 of this title if the
time period described in paragraph (1) of this subsection has elapsed
and the alien has failed to secure counsel.
(c) Sufficiency of Service by Mail.--Service by mail under this
section is sufficient if there is proof of attempted delivery to the
last address provided by the alien under subsection (a)(1)(F) of this
section.
(d) Prompt Initiation Against Criminal Aliens.--When an alien is
convicted of an offense that makes the alien deportable, the Attorney
General shall initiate a removal proceeding as expeditiously as
possible after the date of the conviction.
(e) Fingerprints and Photographs.--The Attorney General shall
prescribe regulations providing for the fingerprinting and
photographing of each alien at least 14 years of age against whom a
removal proceeding under section 6704 of this title is initiated. The
fingerprints and photographs shall be made available, on request, to
federal, state, and local law enforcement agencies.
Sec. 6704. Removal proceeding
(a) General.--(1) An immigration judge shall conduct a proceeding
under this section to decide the inadmissibility or deportability of an
alien.
(2) An alien placed in a proceeding under this section may be charged
with any applicable ground of inadmissibility under chapter 63 of this
title or any applicable ground of deportability under chapter 65 of
this title.
(3) Except as otherwise provided in this title, a proceeding under
this section is the only procedure for deciding whether an alien may be
admitted to the United States or, if the alien has been admitted,
removed from the United States. This section does not affect a
proceeding under section 6705 or 6706 of this title.
(b) Form of Proceeding and Presence of Alien.--(1) A proceeding under
this section may take place--
(A) in person;
(B) in the absence of the alien if the parties agree;
(C) through video conference; or
(D) through telephone conference, except that an evidentiary
hearing on the merits may be conducted through a telephone
conference only with the consent of the alien after the alien
has been advised of the right to proceed in person or through
video conference.
(2) If an alien's mental incompetency makes it impracticable for the
alien to be present at the proceeding, the Attorney General shall
prescribe safeguards to protect the rights and privileges of the alien.
(c) Conduct of Proceeding.--(1) The immigration judge shall
administer oaths, receive evidence, and interrogate, examine, and
cross-examine the alien and witnesses. The immigration judge may issue
subpenas for the attendance of witnesses and the presentation of
evidence.
(2) The alien may be represented by counsel as provided in section
6707(a) of this title.
(3) The alien shall have a reasonable opportunity to examine the
evidence against the alien, present evidence, and cross-examine
witnesses presented by the Federal Government. However, these rights do
not entitle the alien to examine any national security information
proffered by the Government in opposition to the alien's admission to
the United States or the alien's application for discretionary relief
under this title.
(4) A complete record shall be kept of all testimony and evidence
produced at the proceeding.
(d) Burden of Proof.--(1) In a proceeding under this section, the
alien has the burden of establishing--
(A) if the alien is an applicant for admission, that the
alien is clearly and beyond a doubt entitled to be admitted and
is not inadmissible; or
(B) by clear and convincing evidence that the alien is
lawfully present in the United States pursuant to a prior
admission.
(2) In meeting the burden of proof under paragraph (1)(B) of this
subsection, the alien shall have access to the alien's visa or other
entry document, if any, and any other records, not considered
confidential by the Attorney General, pertaining to the alien's
admission or presence in the United States.
(3) In a proceeding under this section, if the alien has been
admitted to the United States, the Government has the burden of
establishing by clear and convincing evidence that the alien is
deportable. A decision that an alien is deportable must be based on
reasonable, substantial, and probative evidence.
(e) Decision.--(1) At the conclusion of a proceeding under this
section, the immigration judge shall decide whether the alien is
removable from the United States. The decision of the immigration judge
shall be based only on the evidence produced at the proceeding.
(2) If the physician conducting a medical examination under section
6104 of this title has certified under that section that an alien has a
condition that would make the alien inadmissible under section 6304 of
this title, the decision of the immigration judge shall be based only
on that certification.
(3) If the immigration judge decides that the alien is removable and
orders the alien to be removed, the judge shall inform the alien of the
right to appeal the decision and of the consequences for failure to
depart under the order of removal, including civil and criminal
penalties.
(f) Removal Ordered in Absentia.--(1) An alien who does not attend a
proceeding under this section shall be ordered removed in absentia if
the Government establishes by clear, unequivocal, and convincing
evidence that--
(A) the written notice required by section 6703(a) (1) or (2)
of this title was provided to the alien or to the alien's
counsel of record; and
(B) the alien is removable.
(2) The notice referred to in paragraph (1)(A) of this subsection is
sufficient if provided at the most recent address provided under
section 6703(a)(1)(F) of this title. No notice is required if the alien
has not provided the address required by that section.
(3) A removal order issued under this subsection may be rescinded
only on a motion to reopen filed--
(A) within 180 days after the date of the order if the alien
demonstrates that the failure to appear was because of
exceptional circumstances; or
(B) at any time if the alien demonstrates that--
(i) the alien did not receive the notice required by
section 6703(a) (1) or (2) of this title; or
(ii) the alien was in federal or state custody and
the failure to appear was through no fault of the
alien.
(4) The filing of a motion to reopen under paragraph (3) of this
subsection stays the removal of the alien pending disposition of the
motion by the immigration judge.
(5) Except as provided in section 6712(c)(6) of this title, a
petition for review under section 6712 of an order issued in absentia
under this subsection shall be confined to--
(A) the validity of the notice provided to the alien;
(B) the reasons for the alien's failure to attend the
proceeding; and
(C) whether the alien is removable.
(6) This subsection applies to all aliens in a proceeding under this
section, including any alien who remains in a foreign contiguous
territory under section 6102(d)(3) of this title.
(g) Stipulated Removal.--The Attorney General shall provide by
regulation for the entry by an immigration judge of an order of removal
stipulated to by the alien (or the alien's representative) and the
Government. A stipulated order constitutes a conclusive determination
of the alien's removability from the United States.
Sec. 6705. Expedited removal proceeding for aliens convicted of
aggravated felonies
(a) Presumption of Deportability.--An alien convicted of an
aggravated felony is conclusively presumed to be deportable from the
United States.
(b) Availability of Special Proceeding.--(1) The Attorney General
shall provide for the availability of a special removal proceeding at
certain federal, state, and local correctional facilities for aliens
convicted of a criminal offense described in--
(A) section 6506 (a)(1)(C), (b), (c), or (f) of this title;
or
(B) section 6506(a)(1)(B) of this title if both predicate
offenses referred to in that provision are, without regard to
their date of commission, described in section 6506(a)(1)(A).
(2) A proceeding under paragraph (1) of this subsection shall be
conducted--
(A) in conformity with section 6704 of this title (except as
otherwise provided in this section);
(B) in a manner that eliminates the need for additional
detention at a processing center of the Immigration and
Naturalization Service; and
(C) in a manner that ensures expeditious removal following
the end of the alien's incarceration for the underlying
sentence.
(c) Detention at Same Facility.--To the maximum extent practicable,
the Attorney General shall detain at the same facility aliens convicted
of an aggravated felony and taken into custody under section 6702(c) of
this title. In selecting the facility, the Attorney General shall make
a reasonable effort to ensure that an alien's access to counsel and
right to counsel under section 6707(a) of this title are not impaired.
(d) Conduct of Proceeding Before Release.--The Attorney General shall
provide for the initiation and, to the extent possible, the completion
of a removal proceeding (including any administrative appeal) against
an alien convicted of an aggravated felony before the alien is released
from incarceration for the aggravated felony. This subsection does not
require the Attorney General to remove an alien sentenced to
incarceration before the alien is released from the incarceration.
(e) Aliens Who Are Not Permanent Residents.--(1) The Attorney General
may determine the deportability of an alien under section 6506(a)(1)(C)
of this title and issue an order of removal under the procedures in
this subsection or section 6704 of this title if, at the time the
proceeding under this section is initiated, the alien--
(A) is not lawfully admitted for permanent residence; or
(B) has permanent resident status on a conditional basis (as
described in subchapter I of chapter 45 of this title).
(2) The Attorney General shall prescribe regulations for the conduct
of a proceeding under this subsection. The regulations shall provide
that--
(A) the alien shall be given reasonable notice of the charges
and of the opportunity described in clause (C) of this
paragraph;
(B) the alien may be represented by counsel as provided in
section 6707(a) of this title;
(C) the alien shall be given a reasonable opportunity to
inspect the evidence and rebut the charges;
(D) a determination shall be made for the record that the
individual on whom notice of the proceeding was served (in
person or by mail) is in fact the alien named in the notice;
(E) a record shall be maintained for judicial review; and
(F) the final order of removal may not be adjudicated by the
same individual who issues the charges.
(3) The Attorney General may not execute an order described in
paragraph (1) of this subsection until 14 calendar days have passed
after the date the order was issued, to allow the alien an opportunity
to apply for judicial review under section 6712 of this title. The
alien may waive this limitation.
(f) Ineligibility for Relief From Removal.--An alien described in
this section is ineligible for any relief from removal that the
Attorney General may grant.
Sec. 6706. Judicial removal of criminal aliens
(a) Jurisdiction.--A district court of the United States has
jurisdiction to enter a judicial order of removal at the time of
sentencing against an alien who is deportable if--
(1) the United States Attorney, with the concurrence of the
Commissioner of Immigration and Naturalization, requests the
order; and
(2) the court chooses to exercise that jurisdiction.
(b) Procedure.--(1) Before the beginning of trial or entry of a
guilty plea, the United States Attorney shall file with the court, and
serve on the defendant and the Commissioner, a notice of intent to
request judicial removal.
(2) At least 30 days before the date set for sentencing, the United
States Attorney, with the concurrence of the Commissioner, shall file a
charge containing factual allegations about the alienage of the
defendant and identifying each offense that makes the defendant
deportable under section 6506(a) of this title.
(3) If the court finds that the defendant has presented substantial
evidence to establish prima facie eligibility for relief from removal,
the Commissioner shall provide the court with a recommendation and
report on the alien's eligibility for relief. The court shall grant or
deny the relief sought.
(4) The alien shall have a reasonable opportunity to examine the
evidence against the alien, present evidence, and cross-examine
witnesses presented by the Federal Government.
(5) In deciding whether to enter an order of removal, the court may
consider only evidence that would be admissible in a proceeding under
section 6704 of this title. This subsection does not limit the
information the court may receive or consider for purposes of imposing
an appropriate sentence.
(6) The court may order the alien to be removed if the Government
demonstrates that the alien is deportable.
(c) Notice of Order.--As soon as practicable after entry of a
judicial order of removal, the Commissioner shall provide the defendant
with written notice of the order. The notice shall designate the
defendant's country of choice for removal and any alternate country as
provided in section 6716 of this title.
(d) Appeal.--The granting or denial of a judicial order of removal
may be appealed to the court of appeals for the circuit in which the
district court is located. Except as provided in subsection (e) of this
section, consideration of the appeal shall be consistent with section
6712 of this title.
(e) Finality and Execution of Order.--(1) A judicial order of removal
becomes final when--
(A) the defendant executes a waiver of the right to appeal
the conviction on which the order of removal is based;
(B) the period provided in section 6712(c)(2) of this title
expires; or
(C) there is a final dismissal of an appeal from the
conviction.
(2) The final judicial order of removal shall be executed, as
provided in the order, at the end of the term of imprisonment.
(3) An order entered under this section is void if the conviction on
which the order is based is reversed on direct appeal.
(f) Failure To Exercise Jurisdiction.--Denial of a request for a
judicial order of removal does not preclude the Attorney General from
initiating a removal proceeding under section 6704 of this title on the
same or any other ground of deportability.
(g) Stipulated Judicial Order of Removal.--The United States
Attorney, with the concurrence of the Commissioner, may enter into a
plea agreement under rule 11 of the Federal Rules of Criminal Procedure
(18 App. U.S.C.) that calls for an alien who is deportable to waive the
right to notice and a hearing under this section and to stipulate to
the entry of a judicial order of removal as a condition of the plea
agreement, as a condition of probation or supervised release, or both.
The United States district court in a felony or misdemeanor case, and a
United States magistrate judge in a misdemeanor case, has jurisdiction
to enter a judicial order of removal in accordance with the
stipulation.
Sec. 6707. Right to counsel
(a) General.--In a removal proceeding before an immigration judge and
in an appeal proceeding before the Attorney General from the removal
proceeding, the alien may be represented by counsel (authorized to
practice in the proceeding) chosen by the alien, but at no expense to
the Federal Government.
(b) Lists of Available Counsel.--The Attorney General shall provide
for lists (updated at least quarterly) of persons who have indicated
their availability to represent aliens pro bono in proceedings under
section 6704 of this title. The lists shall be provided under section
6703(a)(1)(E) of this title and also be made generally available.
Sec. 6708. Sanctions for frivolous behavior and contempt
(a) Frivolous Behavior.--(1) The Attorney General by regulation
shall--
(A) define frivolous behavior for which attorneys may be
sanctioned in a proceeding before an immigration judge or an
appellate administrative body under this title;
(B) specify the circumstances under which an administrative
appeal of a decision or ruling will be considered frivolous and
will be summarily dismissed; and
(C) impose appropriate sanctions (which may include
suspension and disbarment) for frivolous behavior.
(2) Paragraph (1) of this subsection does not limit the authority of
the Attorney General to take action for inappropriate behavior.
(b) Contempt.--Under regulations prescribed by the Attorney General,
an immigration judge may sanction by civil money penalty any action or
inaction in contempt of the judge's proper exercise of authority under
this title.
Sec. 6709. Proof of convictions
(a) General.--In any proceeding under this title (except subchapter I
of chapter 7, chapter 47, subchapters II and III of chapter 131, and
chapters 133, 135, and 151), a criminal conviction may be proved by any
of the following (or by a certified copy of any of the following):
(1) An official record of judgment and conviction.
(2) An official record of plea, verdict, and sentence.
(3) A docket entry from court records indicating the
existence of the conviction.
(4) Official minutes of a court proceeding or a transcript of
a court hearing in which the court takes notice of the
existence of the conviction.
(5) An abstract of a record of conviction prepared by the
court in which the conviction was entered, or by a state
official associated with the State's repository of criminal
justice records, that indicates the charge or section of law
violated, the disposition of the case, the existence and date
of conviction, and the sentence.
(6) A document or record prepared by, or under the direction
of, the court in which the conviction was entered that
indicates the existence of a conviction.
(7) A document or record attesting to the conviction that is
maintained by an official of a federal or state penal
institution, which is the basis for that institution's
authority to assume custody of the individual named in the
record.
(b) Electronic Records.--(1) In any proceeding under this title
(except subchapter I of chapter 7, chapter 47, subchapters II and III
of chapter 131, and chapters 133, 135, and 151), any record of
conviction or abstract that has been submitted by electronic means to
the Immigration and Naturalization Service from a State or court is
admissible as evidence to prove a criminal conviction if it is--
(A) certified by a state official associated with the State's
repository of criminal justice records as an official record
from its repository or by a court official from the court in
which the conviction was entered as an official record from its
repository; and
(B) certified in writing by an official of the Service as
having been received electronically from the State's record
repository or the court's record repository.
(2) A certification under paragraph (1)(A) of this subsection may be
by means of a computer-generated signature and statement of
authenticity.
Sec. 6710. Motions to reconsider or reopen
(a) Motions To Reconsider.--(1) An alien may file one motion to
reconsider a decision that the alien is removable from the United
States.
(2) The motion must be filed within 30 days after the date of entry
of a final administrative order of removal.
(3) The motion shall specify the errors of law or fact in the
previous order and shall be supported by pertinent authority.
(b) Motions To Reopen.--(1) An alien may file one motion to reopen a
removal proceeding under section 6704 of this title.
(2) The motion to reopen shall state the new facts that would be
proved at a hearing to be held if the motion were granted, and shall be
supported by affidavits or other evidentiary material.
(3)(A) Except as provided in subparagraphs (B) and (C) this
paragraph, the motion to reopen must be filed within 90 days after the
date of entry of the final administrative order of removal.
(B) There is no time limit on filing a motion to reopen if--
(i) the basis of the motion is to apply for relief under
section 5106 or 6716(d) of this title;
(ii) the motion is based on changed country conditions
arising in the country of nationality or the country to which
removal has been ordered; and
(iii) the evidence of changed country conditions is material
and was not available and would not have been discovered or
presented at the previous proceeding.
(C) The filing of a motion to reopen an order entered under section
6704(f) of this title is subject to the deadline specified in section
6704(f)(3).
Sec. 6711. Finality of administrative removal order
An administrative order of removal becomes final on the earlier of--
(1) a decision by the Board of Immigration Appeals affirming
the order; or
(2) the expiration of the period for the alien to seek review
of the order by the Board.
Sec. 6712. Judicial review
(a) Applicable Provisions.--(1) Except as provided in paragraph (2)
of this subsection, judicial review of a final order of removal is
governed only by chapter 158 of title 28 and subsection (c) of this
section.
(2) Judicial review of an order of removal issued without a hearing
under section 6102(c) or 6105 of this title is governed only by
subsection (d) of this section.
(3) Judicial review of all questions of law and fact arising from any
action taken or proceeding brought to remove an alien from the United
States under this title is available only in judicial review of a final
order under this section.
(b) Limitations on Judicial Review.--(1) Except as otherwise provided
in this section, no court has jurisdiction to hear any cause or claim
by an alien arising from a decision or action of the Attorney General
to commence a proceeding, adjudicate a case, or execute a removal order
against the alien under this title.
(2) No court has jurisdiction to review--
(A) a final order of removal against an alien who is
removable for having committed a criminal offense described
in--
(i) section 6309(a)(1)-(5) or (7) or 6506(a)(1)(C),
(b), (c), or (f) of this title; or
(ii) section 6506(a)(1)(B) of this title if both
predicate offenses referred to in that provision are,
without regard to their date of commission, described
in section 6506(a)(1)(A);
(B) a decision granting or denying relief under section
6303(a)(2) 6309(b), 6714(a) or (b), 6721, 9101, or 9102 of this
title; or
(C) any other decision or action of the Attorney General
within the discretion of the Attorney General, except the
granting of relief under section 5106(b) of this title.
(3) Regardless of the nature of the action or claim or the identity
of any party bringing the action, no court (other than the Supreme
Court) has jurisdiction to enjoin the operation of the following
provisions, except as applied to an individual alien against whom a
proceeding under those provisions has been initiated:
(A) sections 6101, 6102, 6103(c), and 6104-6107 of this
title.
(B) chapter 65 of this title, except sections 6502(b) and
6507(b)(2) and (4).
(C) this chapter, except sections 6702(d), 6703(e), 6707(a),
and 6711.
(D) chapter 71 of this title, except section 7110.
(E) sections 7301, 7302, 7304, and 7306.
(4) No court may enjoin the removal of an alien under a final order
under this section unless the alien shows by clear and convincing
evidence that the entry or execution of the order is prohibited as a
matter of law.
(5) An alien may not appeal a decision of an immigration judge that
is based only on a certification described in section 6704(e)(2) of
this title.
(c) Requirements for Review of Orders of Removal.--(1) The
requirements in this subsection apply to judicial review of an order
referred to in subsection (a)(1) of this section.
(2) The petition for review must be filed within 30 days after the
date of the final order of removal. The petition shall be filed with
the court of appeals for the circuit in which the immigration judge
completed the proceeding.
(3) The record and briefs do not have to be printed. The court of
appeals shall review the proceeding on a typewritten record and on
typewritten briefs.
(4)(A) The respondent is the Attorney General. The petition shall be
served on the Attorney General and on the officer or employee of the
Immigration and Naturalization Service in charge of the Service
district in which the final order of removal under section 6704 of this
title was entered.
(B) Service of the petition on the officer or employee does not stay
the removal of an alien pending the court's decision on the petition,
unless the court orders otherwise.
(C) The alien shall serve and file a brief in connection with a
petition for judicial review within 40 days after the date on which the
administrative record is available, and may serve and file a reply
brief not later than 14 days after service of the brief of the Attorney
General. The court may not extend the deadlines in this subparagraph
except on motion for good cause shown. If an alien fails to file a
brief within the time provided in this subparagraph, the court shall
dismiss the appeal unless a manifest injustice would result.
(5) Except as provided in paragraph (6)(B) of this subsection--
(A) the court of appeals shall decide the petition only on
the administrative record on which the order of removal is
based;
(B) the administrative findings of fact are conclusive unless
any reasonable adjudicator would be compelled to conclude to
the contrary;
(C) a decision that an alien is not eligible for admission to
the United States is conclusive unless manifestly contrary to
law;
(D) the Attorney General's discretionary judgment whether to
grant relief under section 5106(b) of this title is conclusive
unless manifestly contrary to law and an abuse of discretion;
and
(E) the court may not order the taking of additional evidence
under section 2347(c) of title 28.
(6)(A) If the petitioner claims to be a national of the United States
and the court of appeals finds from the pleadings and affidavits that
no genuine issue of material fact about the petitioner's nationality is
presented, the court shall decide the nationality claim.
(B) If the petitioner claims to be a national of the United States
and the court of appeals finds that a genuine issue of material fact
about the petitioner's nationality is presented, the court shall
transfer the proceeding to the district court of the United States for
the judicial district in which the petitioner resides for a new hearing
on the nationality claim and a decision on that claim as if an action
had been brought in the district court under section 2201 of title 28.
(C) The petitioner may have the nationality claim decided only as
provided in this paragraph.
(7) When a petitioner seeks review of an order under this section,
any review sought of a motion to reopen or reconsider the order shall
be consolidated with the review of the order.
(8)(A) If the validity of an order of removal has not been judicially
decided, a defendant in a criminal proceeding charged with violating
section 10152(a) of this title may challenge the validity of the order
in the criminal proceeding only by filing a separate motion before
trial. The district court, without a jury, shall decide the motion
before trial.
(B) If the defendant claims in the motion to be a national of the
United States and the district court finds that--
(i) no genuine issue of material fact about the defendant's
nationality is presented, the court shall decide the motion
only on the administrative record on which the removal order is
based, and the administrative findings of fact are conclusive
if supported by reasonable, substantial, and probative evidence
on the record considered as a whole; or
(ii) a genuine issue of material fact about the defendant's
nationality is presented, the court shall hold a new hearing on
the nationality claim and decide that claim as if an action had
been brought under section 2201 of title 28.
(C) The defendant may have the nationality claim decided only as
provided in subparagraph (B) of this paragraph.
(D) If the district court rules that the removal order is invalid,
the court shall dismiss the indictment for violation of section
10152(a) of this title. The Federal Government may appeal the dismissal
to the court of appeals for the appropriate circuit within 30 days
after the date of the dismissal.
(E) The defendant in a criminal proceeding under section 10152(a) of
this title may not file a petition for review under subsection (a) of
this section during the criminal proceeding.
(9) This subsection does not--
(A) prevent the Attorney General, after a final order of
removal has been issued, from detaining the alien under section
6715 of this title;
(B) relieve the alien from complying with sections 6715(d)
and 8302 of this title; or
(C) require the Attorney General to defer removal of the
alien.
(d) Judicial Review of Removal Ordered Without Hearing.--(1) Except
as provided in paragraph (2) of this subsection, no court has
jurisdiction to review--
(A) an individual determination or to entertain any other
cause or claim arising from or related to the implementation or
operation of an order of removal under section 6102(c) or 6105
of this title;
(B) a decision by the Attorney General to invoke the
provisions of those sections;
(C) the application of those sections to individual aliens,
including the determination made under section 6105 of this
title; or
(D) procedures and policies adopted by the Attorney General
to implement section 6102(c) or 6105 of this title.
(2) Regardless of the nature of the action or claim or the identity
of any party bringing the action, no court may--
(A) enter declaratory, injunctive, or other equitable relief
in any action related to an order to exclude an alien under
section 6102(c) or 6105 of this title except as specifically
authorized in a subsequent paragraph of this subsection; or
(B) certify a class under rule 23 of the Federal Rules of
Civil Procedure (28 App. U.S.C.) in any action for which
judicial review is authorized under a subsequent paragraph of
this subsection.
(3) Judicial review of a decision made under section 6102(c) or 6105
of this title is available in a habeas corpus proceeding, but is
limited to determining whether the petitioner--
(A) is an alien;
(B) was ordered removed under one of those sections; or
(C) can prove by a preponderance of the evidence that--
(i) the petitioner has been lawfully admitted for
permanent residence, admitted as a refugee under
section 5105 of this title, or granted asylum under
section 5106 of this title;
(ii) the status has not been terminated; and
(iii) the petitioner is entitled to further inquiry
as prescribed by the Attorney General under section
6106(a) of this title.
(4)(A) Judicial review of a determination under section 6102(c) or
6105 of this title or the implementation of those sections is available
in an action brought in the United States District Court for the
District of Columbia, but is limited to review of whether--
(i) those sections, and regulations prescribed under those
sections, are constitutional; or
(ii) a regulation, written policy directive, written policy
guideline, or written procedure issued by or under authority of
the Attorney General to implement those sections is
inconsistent with this title or otherwise in violation of law.
(B) An action under this paragraph must be filed within 60 days after
the date the challenged section, regulation, directive, guideline, or
procedure described in subparagraph (A) of this paragraph is first
implemented.
(C) A notice of appeal of an order issued by the District Court under
this paragraph must be filed within 30 days after the date the order is
issued.
(D) The District Court, the Court of Appeals, and the Supreme Court
shall advance on the docket and expedite to the greatest possible
extent the disposition of any case considered under this paragraph.
(5)(A) The only relief a court may order is that the petitioner be
provided a hearing under section 6704 of this title if the court
decides that the petitioner--
(i) is an alien who was not ordered removed under section
6102(c) or 6105 of this title; or
(ii) has demonstrated by a preponderance of the evidence that
the petitioner has been lawfully admitted for permanent
residence, admitted as a refugee under section 5105 of this
title, or granted asylum under section 5106 of this title.
(B) If the court orders a hearing under subparagraph (A) of this
paragraph, the alien may obtain judicial review of any resulting final
order of removal under subsection (a)(1) of this section.
(6) In determining whether an alien has been ordered removed under
section 6102(c) or 6105 of this title, the court shall limit its
inquiry to whether the order was issued and whether it relates to the
petitioner. The court may not review whether the alien is inadmissible
or entitled to any relief from removal.
(e) Contents of Petitions.--A petition for review or for habeas
corpus of an order of removal shall--
(1) include a copy of the order; and
(2) state whether a court has upheld the validity of the
order, and, if so, shall state the name of the court, the date
of the court's ruling, and the kind of proceeding.
(f) Additional Requirements.--A court may review a final order of
removal only if--
(1) the alien has exhausted all administrative remedies
available to the alien as of right; and
(2) another court has not decided the validity of the order,
unless the reviewing court finds that the petition presents
grounds that could not have been presented in the prior
judicial proceeding or that the remedy provided by the prior
proceeding was inadequate or ineffective to test the validity
of the order.
Sec. 6713. Limitation on discretionary relief for failure to appear
An alien is ineligible for relief under section 6714(a) or (b), 6721,
9101, 9104, or 9108 of this title for a period of 10 years after the
date of entry of a final order of removal if--
(1) the final order of removal was entered in absentia under
section 6704(f) of this title; and
(2) the alien, at the time of the required notice under
section 6703(a) (1) or (2) of this title, was provided oral
notice, in the alien's native language or another language the
alien understands, of the time and place of the removal
proceeding and the consequences under this section of failing
(except because of exceptional circumstances) to attend.
Sec. 6714. Voluntary departure
(a) Before or During Removal Proceeding.--(1) The Attorney General
may permit an alien to depart voluntarily from the United States at the
alien's own expense in lieu of being subject to a removal proceeding
under section 6704 of this title or prior to the completion of the
proceeding. However, this subsection does not apply to--
(A) an alien deportable under section 6506(a)(1)(C) or
6508(b) of this title; or
(B) an alien arriving in the United States for whom a removal
proceeding under section 6704 of this title is (or otherwise
would be) initiated at the time of the alien's arrival, except
that this clause does not prevent an alien from withdrawing the
application for admission under section 6101(c) of this title.
(2) Permission to depart voluntarily under this subsection may not be
valid for more than 120 days.
(3) The Attorney General may require an alien permitted to depart
voluntarily under this subsection to post a voluntary departure bond,
to be surrendered on proof that the alien has departed the United
States within the time specified.
(b) At Conclusion of Removal Proceeding.--(1) The Attorney General
may permit an alien to depart voluntarily from the United States at the
alien's own expense if, at the conclusion of a removal proceeding under
section 6704 of this title, the immigration judge enters an order
granting voluntary departure in lieu of removal and finds that--
(A) the alien has been physically present in the United
States for at least one year immediately preceding the date the
notice to appear was served under section 6703(a) of this
title;
(B) the alien is, and has been for at least 5 years
immediately preceding the alien's application for voluntary
departure, an individual of good moral character;
(C) the alien is not deportable under section 6506(a)(1)(C),
6508, or 6509 of this title; and
(D) the alien has established by clear and convincing
evidence that the alien has the means to depart the United
States and intends to do so.
(2) Permission to depart voluntarily under this subsection may not be
valid for more than 60 days.
(3) An alien permitted to depart voluntarily under this subsection
shall be required to post a voluntary departure bond, in an amount
necessary to ensure that the alien will depart, to be surrendered on
proof that the alien has departed the United States within the time
specified.
(c) Aliens Not Eligible.--The Attorney General may not permit an
alien to depart voluntarily under subsection (a) or (b) of this section
if the alien previously was permitted to depart voluntarily after
having been found inadmissible under section 6302 of this title.
(d) Notice of Penalties.--An order permitting an alien to depart
voluntarily under subsection (a) or (b) of this section shall inform
the alien of the penalties under section 10127(a) of this title for
failure to depart.
(e) Aliens Falling Into Distress.--(1) If an alien falls into
distress or needs public aid from a cause that arises after the alien
enters the United States, and the alien wants to be removed from the
United States, the Attorney General may remove the alien to--
(A) the alien's native country;
(B) the country from which the alien came to the United
States;
(C) the country of which the alien is a citizen or subject;
or
(D) any other country to which the alien wishes to go if the
government of that country will accept the alien.
(2) Except with the prior approval of the Attorney General, an alien
removed under paragraph (1) of this subsection is ineligible for a visa
or other documentation for readmission and ineligible for admission to
the United States.
(f) Voluntary Departure Deemed Removal.--An alien who departs the
United States after being ordered removed is deemed to have been
removed, regardless of the source from which the cost of transportation
is paid or the place to which the alien departs.
(g) Additional Conditions.--The Attorney General by regulation may
limit eligibility for voluntary departure under this section for any
class of aliens. No court may review any regulation issued under this
subsection.
(h) Judicial Review.--No court has jurisdiction of an appeal from
denial of a request for an order of voluntary departure under
subsection (b) of this section. A court may not order a stay of an
alien's removal pending consideration of any claim related to voluntary
departure.
Sec. 6715. Detention, release, and removal of aliens ordered removed
(a) Removal Period.--(1) Except as otherwise provided in this
chapter, when an alien is ordered removed, the Attorney General shall
remove the alien from the United States within the 90-day period
(referred to as the ``removal period'') beginning on the later of--
(A) the date the removal order becomes administratively
final;
(B) if the removal order is judicially reviewed and a court
orders a stay of the removal, the date of the court's final
order; or
(C) if the alien is detained or confined (except under an
immigration process), the date the alien is released from
detention or confinement.
(2) The removal period shall be extended beyond 90 days and the alien
may remain in detention during that extended period if the alien does
not make timely application in good faith for travel or other documents
necessary for the alien's departure or conspires or acts to prevent the
alien's removal.
(b) Detention During Removal Period.--During the removal period, the
Attorney General--
(1) shall detain the alien; and
(2) may not release an alien who has been found inadmissible
under section 6309(a) (1)-(5) or (7) or 6310(b) of this title
or deportable under section 6506 (a)-(d) or (f) or 6508(b) of
this title.
(c) Supervision After Removal Period.--If the alien does not leave or
is not removed within the removal period, the alien, pending removal,
shall be supervised under regulations prescribed by the Attorney
General. The regulations shall include provisions requiring the alien
to--
(1) appear before an immigration officer periodically for
identification;
(2) submit, if necessary, to a medical and psychiatric
examination at the expense of the Federal Government;
(3) give information under oath about the alien's
nationality, circumstances, habits, associations, and
activities, and other information the Attorney General
considers appropriate; and
(4) obey reasonable written restrictions on the alien's
conduct or activities that the Attorney General prescribes for
the alien.
(d) Aliens Imprisoned, Arrested, or on Parole, Supervised Release, or
Probation.--(1) Except as provided in section 343(a) of the Public
Health Service Act (42 U.S.C. 259(a)) and paragraph (2) of this
subsection, the Attorney General may not remove an alien who is
sentenced to imprisonment until the alien is released from
imprisonment. Parole, supervised release, probation, or possibility of
arrest or further imprisonment is not a reason to defer removal.
(2) The Attorney General may remove an alien before the alien has
completed a sentence of imprisonment if--
(A) the alien is in the custody of the Attorney General and
the Attorney General determines that--
(i) the alien is confined for a final conviction of a
nonviolent offense (except an offense related to
smuggling or harboring of aliens or an offense
described in section 104(a)(2)(A) (ii) or (iii),
(3)(A)(i) (related to (2)(A) (ii) or (iii)), or (4)(A)
(i), (viii), or (xiii) or (b)(2)(A) (ii), (iii), (v),
(ix), or (xii) of this title); and
(ii) the removal of the alien is appropriate and in
the best interest of the United States; or
(B) the alien is in the custody of a State (or political
subdivision of a State) and the chief state official exercising
authority for the incarceration of the alien--
(i) determines that--
(I) the alien is confined for a final
conviction of a nonviolent offense (except an
offense described in section 104(a)(2)(A)(iii),
(3)(A)(i) (related to (2)(A)(iii)), or (4)(A)
(i) or (viii) or (b)(2)(A) (iii) or (v) of this
title); and
(II) the removal is appropriate and in the
best interest of the State; and
(ii) submits a written request to the Attorney
General that the alien be removed.
(3) An alien removed under this subsection shall be notified of the
penalties under the laws of the United States related to the reentry of
removed aliens, particularly the expanded penalties for aliens removed
under paragraph (2) of this subsection.
(e) Reinstatement of Removal Orders Against Aliens Illegally
Reentering.--If the Attorney General finds that an alien has reentered
the United States illegally after having been removed or having
departed voluntarily under an order of removal--
(1) the prior order of removal is reinstated from its
original date and may not be reopened or reviewed;
(2) the alien is not eligible for any relief under this
title; and
(3) the alien shall be removed under the prior order any time
after the reentry.
(f) Inadmissible or Criminal Aliens.--An alien ordered removed may be
detained beyond the removal period and, if released, shall be
supervised under subsection (c) of this section, if the alien--
(1) is inadmissible under chapter 63 of this title;
(2) is deportable under section 6504 (a) or (b), 6506 (a)-(d)
or (f), 6508, or 6509 of this title; or
(3) has been determined by the Attorney General to be a risk
to the community or unlikely to comply with the order of
removal.
(g) Employment Authorization.--An alien ordered removed is ineligible
to receive authorization to be employed in the United States unless the
Attorney General makes a specific finding that--
(1) the alien cannot be removed because all countries to
which the alien would be removed under section 6716 of this
title refuse to accept the alien; or
(2) the removal of the alien is otherwise impracticable or
contrary to the public interest.
Sec. 6716. Countries to which aliens may be removed
(a) Arriving Aliens.--(1) Except as otherwise provided in this
subsection, if a removal proceeding under section 6704 of this title
was initiated against an alien when the alien arrived in the United
States, the alien shall be removed to the country in which the alien
boarded the vessel or aircraft on which the alien arrived.
(2) If the alien boarded the vessel or aircraft on which the alien
arrived in the United States in a foreign territory contiguous to the
United States, an island adjacent to the United States, or an island
adjacent to a foreign territory contiguous to the United States, and
the alien is not a native, citizen, subject, or national of, or does
not reside in, the territory or island, removal shall be to the country
in which the alien boarded the vessel that transported the alien to the
territory or island.
(3) If the government of the country in paragraph (1) or (2) of this
subsection is unwilling to accept the alien into that country's
territory, removal shall be to any of the following countries, as
directed by the Attorney General:
(A) The country of which the alien is a citizen, subject, or
national.
(B) The country in which the alien was born.
(C) The country in which the alien has a residence.
(D) A country with a government that will accept the alien
into the country's territory if removal to each country
described in clauses (A)-(C) of this paragraph is
impracticable, inadvisable, or impossible.
(b) Other Aliens.--(1) Except as otherwise provided in this
subsection, an alien not described in subsection (a) of this section
who has been ordered removed may designate one country to which the
alien wants to be removed, and the Attorney General shall remove the
alien to that country.
(2) An alien may not designate under paragraph (1) of this subsection
a foreign territory contiguous to the United States, an adjacent
island, or an island adjacent to a foreign territory contiguous to the
United States unless the alien is a native, citizen, subject, or
national of, or has resided in, the territory or island.
(3) The Attorney General may disregard a designation under paragraph
(1) of this subsection if--
(A) the alien fails to designate a country promptly;
(B) the government of the country does not inform the
Attorney General finally, within 30 days after the date the
Attorney General first inquires, whether the government will
accept the alien into the country;
(C) the government of the country is not willing to accept
the alien into the country; or
(D) the Attorney General decides that removing the alien to
the country is prejudicial to the United States.
(4) If an alien is not removed to a country designated under
paragraph (1) of this subsection, the Attorney General shall remove the
alien to a country of which the alien is a subject, national, or
citizen unless the government of the country--
(A) does not inform the Attorney General or the alien
finally, within 30 days after the date the Attorney General
first inquires or within another period of time the Attorney
General decides is reasonable, whether the government will
accept the alien into the country; or
(B) is not willing to accept the alien into the country.
(5) If an alien is not removed to a country under the paragraphs (1)-
(4) of this subsection, the Attorney General shall remove the alien to
any of the following countries:
(A) The country from which the alien was admitted to the
United States.
(B) The country in which is located the foreign port from
which the alien left for the United States or for a foreign
territory contiguous to the United States.
(C) A country in which the alien resided before the alien
entered the country from which the alien entered the United
States.
(D) The country in which the alien was born.
(E) The country that had sovereignty over the alien's
birthplace when the alien was born.
(F) The country in which the alien's birthplace is located
when the alien is ordered removed.
(G) If impracticable, inadvisable, or impossible to remove
the alien to any country described in clauses (A)-(F) of this
paragraph, another country whose government will accept the
alien into that country.
(c) Removal Country When United States at War.--When the United
States is at war and the Attorney General decides that it is
impracticable, inadvisable, inconvenient, or impossible to remove an
alien under this section because of the war, the Attorney General may
remove the alien--
(1) to the country that is host to a government in exile of
the country of which the alien is a citizen or subject if the
government of the host country will permit the alien's entry;
or
(2) if the recognized government of the country of which the
alien is a citizen or subject is not in exile, to a country, or
a political or territorial subdivision of a country, that is
very near the country of which the alien is a citizen or
subject, or, with the consent of the government of the country
of which the alien is a citizen or subject, to another country.
(d) Restriction on Removal to Country Where Alien's Life or Freedom
Would Be Threatened.--(1) Notwithstanding subsections (a)-(c) of this
section, the Attorney General may not remove an alien to a country if
the Attorney General decides that the alien's life or freedom would be
threatened in that country because of the alien's race, religion,
nationality, membership in a particular social group, or political
opinion.
(2) Paragraph (1) of this subsection does not apply to an alien
deportable under section 6509 of this title or if the Attorney General
decides that--
(A) the alien ordered, incited, assisted, or otherwise
participated in the persecution of an individual on account of
race, religion, nationality, membership in a particular social
group, or political opinion;
(B) the alien, having been convicted by a final judgment of a
particularly serious crime, is a danger to the community of the
United States;
(C) there are serious reasons to believe that the alien has
committed a serious nonpolitical crime outside the United
States before the alien arrived in the United States; or
(D) there are reasonable grounds to believe that the alien is
a danger to the security of the United States.
(3)(A) Under paragraph (2)(B) of this subsection, an alien who has
been convicted of an aggravated felony for which the alien has been
sentenced to a total term of imprisonment of at least 5 years is deemed
to have committed a particularly serious crime. This subparagraph does
not preclude the Attorney General from determining that,
notwithstanding the length of sentence imposed, an alien has been
convicted of a particularly serious crime.
(B) Under paragraph (2)(D) of this subsection, an alien described in
section 6508(b) of this title is deemed to be an alien for whom there
are reasonable grounds to believe that the alien is a danger to the
security of the United States.
Sec. 6717. Immediate removal of arriving aliens
(a) General.--An alien arriving at a port of entry of the United
States who is ordered removed, either without a hearing under section
6102(c), 6105(d), or 6107 of this title or pursuant to a removal
proceeding under section 6704 of this title initiated at the time of
the alien's arrival, shall be removed immediately on a vessel or
aircraft owned by the owner of the vessel or aircraft on which the
alien arrived in the United States, unless--
(1) it is impracticable to remove the alien on one of those
vessels or aircraft within a reasonable time; or
(2)(A) the alien is a stowaway who has been ordered removed
under section 6101(b) of this title;
(B) the alien has applied for asylum; and
(C) the asylum application has not been adjudicated or has
been denied but the alien has not exhausted all appeal rights.
(b) Stay of Removal.--(1) The Attorney General may stay the removal
of an alien under this section if the Attorney General decides that--
(A) immediate removal is not practicable or proper; or
(B) the alien is needed to testify in the prosecution of a
person for a violation of a law of the United States or of any
State.
(2) During the period an alien is detained because of a stay of
removal under paragraph (1)(B) of this subsection, the Attorney General
may pay from the appropriation ``Immigration and Naturalization
Service--Salaries and Expenses''--
(A) the cost of maintenance of the alien; and
(B) a witness fee of $1 a day.
(3) The Attorney General may release an alien whose removal is stayed
under paragraph (1)(B) of this subsection on--
(A) a bond of at least $500 with security approved by the
Attorney General;
(B) condition that the alien appear when required as a
witness and for removal; and
(C) other conditions the Attorney General may prescribe.
Sec. 6718. Requirements of persons providing transportation
(a) Removal by Person Bringing Alien to United States.--An owner,
agent, master, commanding officer, person in charge, purser, or
consignee of a vessel or aircraft bringing to the United States an
alien who is ordered removed (except an alien crewmember) shall--
(1) receive the alien back on the vessel or aircraft or
another vessel or aircraft owned or operated by the same
interests; and
(2) take the alien to the foreign country to which the alien
is ordered removed.
(b) Alien Stowaways.--(1) An owner, agent, master, commanding
officer, charterer, or consignee of a vessel or aircraft arriving in
the United States with an alien stowaway--
(A) shall detain the alien on the vessel or aircraft, or at a
place the Attorney General designates, until completion of the
inspection of the alien by an immigration officer;
(B) may not permit the stowaway to land in the United States,
except under regulations of the Attorney General temporarily
for--
(i) medical treatment;
(ii) detention by the Attorney General; or
(iii) departure or removal; and
(C) if ordered by an immigration officer, shall remove the
stowaway on the vessel or aircraft or on another vessel or
aircraft.
(2) The Attorney General shall grant a timely request to remove the
stowaway under paragraph (1)(C) of this subsection on a vessel or
aircraft other than the one on which the stowaway arrived if the
requester has obtained any travel documents necessary for departure or
repatriation of the stowaway and removal of the stowaway will not be
unreasonably delayed.
(c) Compliance With Order of Attorney General.--An owner, agent,
master, commanding officer, person in charge, purser, or consignee of a
vessel, aircraft, or other transportation line shall comply with an
order of the Attorney General to take on board, guard safely, and
transport to the destination specified any alien ordered to be removed
under this title.
Sec. 6719. Costs of detention, maintenance, and removal
(a) Cost of Detention and Maintenance Pending Removal.--(1) Except as
otherwise provided in this section, an owner of a vessel or aircraft
bringing an alien to the United States shall pay the cost of detaining
and maintaining the alien--
(A) while the alien is detained under section 6718(a) of this
title; and
(B) if the alien is a stowaway, while the alien is detained
under--
(i) section 6105(c) of this title for a period not to
exceed 15 days (excluding Saturdays, Sundays, and
holidays) beginning on the first day that begins on the
earlier of--
(I) 72 hours after the time of the initial
presentation of the stowaway for inspection; or
(II) the time the stowaway is determined to
have a credible fear of persecution;
(ii) section 6718(b)(1) (A) or (B)(i) of this title;
or
(iii) section 6718(b)(1)(B) (ii) or (iii) of this
title for the period of time reasonably necessary for
the owner to arrange for repatriation or removal of the
stowaway, including obtaining necessary travel
documents, but not to extend beyond the date on which
it is ascertained that those travel documents cannot be
obtained from the country to which the stowaway is to
be returned.
(2) Paragraph (1) of this subsection does not apply if--
(A) the alien is a crewmember;
(B) the alien has an immigrant visa;
(C) the alien has a nonimmigrant visa or other documentation
authorizing the alien to apply for temporary admission to the
United States and applies for admission within 120 days after
the date the visa or documentation was issued;
(D) the alien has a reentry permit and applies for admission
within 120 days after the date of the alien's last inspection
and admission;
(E)(i) the alien has a nonimmigrant visa or other
documentation authorizing the alien to apply for temporary
admission to the United States or a reentry permit;
(ii) the alien applies for admission more than 120 days after
the date the visa or documentation was issued or after the date
of the last inspection and admission under the reentry permit;
and
(iii) the owner of the vessel or aircraft satisfies the
Attorney General that the existence of the condition related to
inadmissibility could not have been discovered by exercising
reasonable care before the alien boarded the vessel or
aircraft; or
(F) the individual claims to be a national of the United
States and has a United States passport.
(b) Cost of Removal at Time of Arrival.--(1) If an alien is a
stowaway or is ordered removed, either without a hearing under section
6102(c), 6105(d), or 6107 of this title or pursuant to a removal
proceeding under section 6704 of this title initiated at the time of
the alien's arrival, the owner of the vessel or aircraft on which the
alien arrived in the United States shall pay the transportation cost of
removing the alien.
(2) If removal is on a vessel or aircraft not owned by the owner of
the vessel or aircraft on which the alien arrived in the United States,
the Attorney General may--
(A) pay the cost from the appropriation ``Immigration and
Naturalization Service--Salaries and Expenses''; and
(B) recover the amount of the cost in a civil action from the
owner, agent, or consignee of the vessel or aircraft (if any)
on which the alien arrived in the United States.
(c) Cost of Removal for Aliens Admitted or Permitted To Land.--(1)
Except as otherwise provided in this subsection, the cost of removal of
an alien who has been admitted or permitted to land and is ordered
removed shall be paid from the appropriation ``Immigration and
Naturalization Service--Salaries and Expenses''.
(2) The cost of removal from the port of removal may be charged to
any owner of the vessel, aircraft, or other transportation line by
which the alien came to the United States if the alien--
(A) is admitted to the United States (other than lawfully
admitted for permanent residence) and is ordered removed within
5 years after the date of admission based on a ground that
existed before or at the time of admission; or
(B) is a crewmember permitted to land temporarily under
section 2703 of this title and is ordered removed within 5
years after the date of landing.
(3) The cost of removal from the port of removal may be paid from the
appropriation ``Immigration and Naturalization Service--Salaries and
Expenses'' if--
(A) the alien has been granted voluntary departure under
section 6714(a) or (b) of this title;
(B) the alien is financially unable to depart at the alien's
own expense; and
(C) the Attorney General considers the alien's removal to be
in the best interest of the United States.
Sec. 6720. Aliens requiring personal care during removal
(a) General.--If the Attorney General believes that an alien being
removed requires personal care because of the alien's mental or
physical condition, the Attorney General may employ a suitable
individual to accompany and care for the alien until the alien arrives
at the final destination.
(b) Cost.--The cost of providing the service described in subsection
(a) of this section shall be paid in the same manner as the cost of
removing the accompanied alien under this chapter.
Sec. 6721. Cancellation of removal and adjustment of status
(a) Permanent Residents.--Except as provided in subsection (e) of
this section, the Attorney General may cancel removal of an alien who
is inadmissible or deportable if the alien--
(1) has been an alien lawfully admitted for permanent
residence for at least 5 years;
(2) has resided in the United States continuously for at
least 7 years after having been admitted in any status; and
(3) has not been convicted of an aggravated felony.
(b) Non-Permanent Residents.--Except as provided in subsection (e) of
this section, the Attorney General may cancel removal of an alien who
is inadmissible or deportable if the alien--
(1) has been physically present in the United States for a
continuous period of at least 10 years immediately preceding
the date of the application for cancellation;
(2) has been an individual of good moral character during
that period;
(3) has not been convicted of an offense described in section
6309(a) (1)-(5) or (7), 6506 (a)-(d) or (f), or 6507 (except
subsection (b)(4)) of this title; and
(4) establishes that removal would result in exceptional and
extremely unusual hardship to the alien's spouse, parent, or
child, who is a citizen of the United States or an alien
lawfully admitted for permanent residence.
(c) Battered Spouses and Children.--(1) The Attorney General may
cancel removal of an alien who is inadmissible or deportable if the
alien demonstrates that--
(A)(i) the alien has been battered or subjected to extreme
cruelty in the United States by a spouse or parent who is a
United States citizen or lawful permanent resident; or
(ii) the alien is the parent of a child of a United States
citizen or lawful permanent resident and the child has been
battered or subjected to extreme cruelty in the United States
by that citizen or permanent resident parent;
(B) the alien has been physically present in the United
States for a continuous period of at least 3 years immediately
preceding the date of the application for cancellation;
(C) the alien has been an individual of good moral character
during that period;
(D) the alien--
(i) is not inadmissible under section 6309(a)(1)-(5)
or (7), 6310, or 6311 of this title;
(ii) is not deportable under section 6502, 6506(a)-
(d) or (f), 6507 (except subsection (b)(4)), 6508, or
6509 of this title; and
(iii) has not been convicted of an aggravated felony;
and
(E) the removal would result in extreme hardship to the
alien, the alien's child, or, if the alien is a child, to the
alien's parent.
(2) In acting on an application under this subsection, the Attorney
General shall consider any credible evidence relevant to the
application. The determination of what evidence is credible and the
weight to be given that evidence is within the sole discretion of the
Attorney General.
(d) Adjustment of Status.--The Attorney General may adjust to the
status of an alien lawfully admitted for permanent residence any alien
who the Attorney General determines meets the requirements of
subsection (b) or (c) of this section. The number of adjustments under
this subsection may not exceed 4,000 in any fiscal year. The Attorney
General shall record the alien's lawful admission for permanent
residence as of the date of the Attorney General's cancellation of
removal under subsection (b) or (c) or the determination under this
subsection.
(e) Aliens Ineligible for Relief.--Subsections (a) and (b) of this
section do not apply to the following aliens:
(1) An alien who entered the United States as a crewmember
after June 30, 1964.
(2) An alien who was admitted to the United States as a
nonimmigrant exchange alien classified under section 2312(a) of
this title, or has acquired the status of such a nonimmigrant
exchange alien after admission, to receive graduate medical
education or training, regardless of whether the alien is
subject to or has fulfilled the 2-year foreign residence
requirement of section 8304(a) of this title.
(3) An alien who--
(A) was admitted to the United States as a
nonimmigrant exchange alien classified under section
2312(a) of this title or has acquired the status of
such a nonimmigrant exchange alien after admission,
other than to receive graduate medical education or
training;
(B) is subject to the 2-year foreign residence
requirement of section 8304(a) of this title; and
(C) has not fulfilled or received a waiver of that
requirement.
(4) An alien who is inadmissible under section 6310 or 6311
or deportable under section 6508 or 6509 of this title.
(5) An alien who is described in section 6716(d)(2)(A) of
this title.
(6) An alien whose removal previously has been canceled under
this section.
(7) An alien who has been granted relief under section 212(c)
of the Immigration and Nationality Act or whose deportation was
suspended under section 244(a) of that Act, as those sections
were in effect before September 30, 1996.
(f) Special Rules Related to Continuous Residence or Physical
Presence.--(1) For purposes of this section, any period of continuous
residence or continuous physical presence in the United States is
deemed to end at the earlier of--
(A) when the alien is served a notice to appear under section
6703(a) of this title; or
(B) when the alien commits an offense referred to in section
6309(a)(1)-(5) or (7) of this title that makes the alien
inadmissible under section 6309(a)(1)-(5) or (7) or deportable
under section 6506(a)-(d) or (f), 6508, or 6509 of this title.
(2) An alien has not maintained continuous physical presence in the
United States under subsections (b) and (c) of this section if the
alien has departed from the United States for any one period of more
than 90 days or any periods totaling more than 180 days.
(3) The requirements of continuous residence or continuous physical
presence in the United States under subsections (a)-(c) of this section
do not apply to an alien who--
(A) has served a minimum period of 24 months in an active-
duty status in the armed forces of the United States;
(B) if separated from that service, was separated under
honorable conditions; and
(C) was in the United States at the time of the alien's
enlistment or induction.
(g) Annual Limitation.--The Attorney General may not cancel the
removal and adjust the status under this section of a total of more
than 4,000 aliens in any fiscal year. This subsection applies
regardless of when an alien applied for the cancellation and
adjustment.
Sec. 6722. Places of detention
(a) General.--The Attorney General shall arrange for appropriate
places of detention for aliens detained pending removal or a decision
on removal. When Federal Government facilities are unavailable or
facilities adapted or suitably located for detention are unavailable
for rental, the Attorney General may expend from the appropriation
``Immigration and Naturalization Service--Salaries and Expenses'',
without regard to section 3709 of the Revised Statutes (41 U.S.C. 5),
amounts necessary to acquire land and to acquire, build, remodel,
repair, and operate facilities (including living quarters for
immigration officers if not otherwise available) necessary for
detention.
(b) Detention Facilities of Immigration and Naturalization Service.--
Prior to initiating any project for the construction of any new
detention facility for the Immigration and Naturalization Service, the
Commissioner of Immigration and Naturalization shall consider the
availability for purchase or lease of any existing prison, jail,
detention center, or other comparable facility suitable for that use.
Sec. 6723. No enforceable rights created
Sections 6703(d), 6705, 6706, 6715-6720, 6722, and 6724 of this title
do not create any substantive or procedural right or benefit that is
legally enforceable by any party against the Federal Government, its
departments, agencies, instrumentalities, or officers, or any other
person.
Sec. 6724. Review by Attorney General and Comptroller General of
certain proceedings
(a) Attorney General.--The Attorney General shall review and evaluate
removal proceedings conducted under sections 6705 and 6706 of this
title.
(b) Comptroller General.--The Comptroller General shall monitor,
review, and evaluate removal proceedings conducted under sections 6705
and 6706 of this title.
CHAPTER 69--ALIEN TERRORIST REMOVAL PROCEDURES
Sec.
6901. Definitions.
6902. Removal court.
6903. Application for removal hearing.
6904. Removal hearing.
6905. Appeals.
6906. Custody and release pending removal hearing.
6907. Custody and release after removal hearing.
Sec. 6901. Definitions
In this chapter--
(1) ``alien terrorist'' means an alien described in section
6508(b) of this title.
(2) ``classified information'' has the same meaning given
that term in section 1(a) of the Classified Information
Procedures Act (18 App. U.S.C.).
(3) ``national security'' has the same meaning given that
term in section 1(b) of the Classified Information Procedures
Act (18 App. U.S.C.).
(4) ``removal court'' means the court described in section
6902 of this title.
(5) ``removal hearing'' means the hearing described in
section 6904 of this title.
(6) ``special attorney'' means an attorney on the panel
established under section 6902(e) of this title.
Sec. 6902. Removal court
(a) Designation of Judges.--The Chief Justice of the United States
shall publicly designate 5 district court judges from 5 of the United
States judicial circuits who shall constitute a removal court with
jurisdiction to conduct all removal proceedings under this chapter. The
Chief Justice may designate the same judges under this section as are
designated under section 103(a) of the Foreign Intelligence
Surveillance Act of 1978 (50 U.S.C. 1803(a)).
(b) Terms.--Each judge designated under subsection (a) of this
section shall serve for a term of 5 years and be eligible for
redesignation, except that of the judges first designated--
(1) one shall serve for a term of one year;
(2) one shall serve for a term of 2 years;
(3) one shall serve for a term of 3 years; and
(4) one shall serve for a term of 4 years.
(c) Chief Judge.--(1) The Chief Justice shall publicly designate one
of the judges of the removal court to be the chief judge of the removal
court.
(2) The chief judge shall--
(A) prescribe rules to facilitate the functioning of the
removal court; and
(B) assign the consideration of cases to the various judges
on the removal court.
(d) Expeditious and Confidential Nature of Proceedings.--Section
103(c) of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C.
1803(c)) applies to removal proceedings under this chapter in the same
manner as it applies to proceedings under that Act.
(e) Panel of Special Attorneys.--The removal court shall provide for
the designation of a panel of attorneys each of whom--
(1) has a security clearance that allows the attorney access
to classified information; and
(2) has agreed to represent permanent resident aliens with
respect to classified information under section 6904(e)(3) of
this title in accordance with, and subject to the penalties
under, this chapter.
Sec. 6903. Application for removal hearing
(a) Filing of Application.--(1) If the Attorney General has
classified information that an alien is an alien terrorist, the
Attorney General may seek removal of the alien under this chapter by
filing an application with the removal court. The application shall
contain--
(A) the identity of the attorney in the Department of Justice
making the application;
(B) a certification by the Attorney General or the Deputy
Attorney General that the application satisfies the
requirements of this section;
(C) the identity of the alien for whom authorization for the
removal proceeding under this chapter is sought; and
(D) a statement of the facts and circumstances relied on by
the Attorney General to establish probable cause that--
(i) the alien is an alien terrorist;
(ii) the alien is physically present in the United
States; and
(iii) removal of the alien other than under this
chapter would pose a risk to the national security of
the United States.
(2) An application under this section shall be submitted ex parte and
in camera and be filed under seal with the removal court.
(b) Right To Dismiss.--The Attorney General may dismiss a removal
proceeding under this chapter at any stage of the proceeding.
(c) Consideration of Application.--(1) In deciding whether to grant
an application under this section, a single judge of the removal court
may consider, ex parte and in camera, in addition to the information
contained in the application--
(A) other information, including classified information,
presented under oath or affirmation; and
(B) testimony received in any hearing on the application, of
which a verbatim record shall be kept.
(2) The judge shall issue an order granting the application if the
judge finds probable cause to believe that--
(A) the alien has been correctly identified and is an alien
terrorist present in the United States; and
(B) removal of the alien other than under this chapter would
pose a risk to the national security of the United States.
(3) If the judge denies the order requested in the application, the
judge shall prepare a written statement of the reasons for the denial,
taking all necessary precautions not to disclose any classified
information contained in the application.
(d) Exclusive Provisions.--If an order is issued under this section
granting an application--
(1) the rights of the alien regarding removal shall be
governed only by this chapter; and
(2) except as they are specifically referenced in this
chapter, no other provisions of this title apply.
Sec. 6904. Removal hearing
(a) General.--If an application for an order is approved under
section 6903(c)(2) of this title, a removal hearing shall be conducted
under this section as expeditiously as practicable to determine whether
the alien should be removed from the United States on the ground that
the alien is an alien terrorist. The removal hearing shall be open to
the public.
(b) Notice.--An alien who is the subject of a removal hearing under
this chapter shall be given reasonable notice of--
(1) the nature of the charges against the alien, including a
general account of the basis for the charges; and
(2) the time and place at which the hearing will be held.
(c) Rights in Hearing.--(1) The alien has a right to be present at
the hearing and to be represented by counsel. An alien financially
unable to obtain counsel is entitled to have counsel assigned to
represent the alien. Assigned counsel shall be appointed by the judge
pursuant to the plan for furnishing representation for any person
financially unable to obtain adequate representation for the district
in which the hearing is conducted, as provided for in section 3006A of
title 18. That section applies and, for purposes of determining the
maximum amount of compensation, the matter shall be treated as if a
felony were charged.
(2) Subject to subsection (e) of this section, the alien shall have a
reasonable opportunity to examine the evidence against the alien,
present evidence, and cross-examine witness.
(3) A verbatim record of the proceedings and of all testimony and
evidence offered or produced at the hearing shall be kept.
(4) The decision of the judge regarding removal shall be based only
on the evidence introduced at the removal hearing.
(d) Subpenas.--(1) At any time before the conclusion of the removal
hearing, the alien or the Attorney General may request the judge to
issue a subpena for a witness on a satisfactory showing that the
witness is necessary for the determination of a material matter. The
subpena also may command the person to whom it is directed to produce
records or other objects designated in the subpena. The request for the
subpena may be made ex parte except that the judge shall inform the
Attorney General of any request by the alien for a subpena if
compliance with the subpena would reveal classified evidence or the
source of classified evidence. The Attorney General shall be given a
reasonable opportunity to oppose the issuance of such a subpena.
(2) If an application for a subpena by the alien also makes a showing
that the alien is financially unable to pay for the attendance of a
requested witness, the court may order the costs incurred by the
process and the fees of the witness to be paid from the appropriation
``Immigration and Naturalization Service--Salaries and Expenses''.
(3) A subpena under this subsection may be served anywhere in the
United States.
(4) A witness subpenaed under this subsection shall receive the same
fees and expenses as a witness subpenaed in a civil proceeding in a
court of the United States.
(5) This subsection does not allow an alien to have access to
classified information.
(e) Discovery.--(1) In a removal proceeding under this chapter--
(A) the Attorney General may use the fruits of electronic
surveillance and unconsented physical searches authorized under
the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C.
1801 et seq.) without regard to section 106(c), (e), (f), (g),
or (h) of that Act (50 U.S.C. 1806(c), (e), (f), (g), (h)), and
discovery of information derived under that Act or otherwise
collected for national security purposes may not be authorized
if disclosure would present a risk to the national security of
the United States;
(B) an alien may not suppress evidence that the alien alleges
was unlawfully obtained; and
(C) section 3504 of title 18 and section 106(c) of the
Foreign Intelligence Surveillance Act of 1978 (50 U.S.C.
1806(c)) do not apply if the Attorney General determines that
public disclosure would pose a risk to the national security of
the United States because it would disclose classified
information or otherwise threaten the integrity of a pending
investigation.
(2) This chapter does not prevent the Attorney General from seeking
protective orders or asserting privileges ordinarily available to the
Federal Government to protect against the disclosure of classified
information, including the invocation of the military and State secrets
privileges.
(3)(A) The judge shall examine, ex parte and in camera, any evidence
for which the Attorney General determines that public disclosure would
pose a risk to the national security of the United States or to the
security of an individual because it would disclose classified
information. The alien and the public may not be informed of the
evidence or its sources except through reference to the summary
provided under this paragraph. However, the Attorney General, after
coordination with the originating agency, may elect to introduce
classified information in open session.
(B) With respect to that information, the Attorney General shall
submit to the removal court an unclassified summary of the specific
evidence that does not pose that risk.
(C) Not later than 15 days after the summary is submitted, the judge
shall approve the summary if the judge finds that it is sufficient to
enable the alien to prepare a defense. The Attorney General shall
deliver to the alien a copy of the unclassified summary approved under
this subparagraph.
(D)(i) If an unclassified summary is not approved by the removal
court under subparagraph (C) of this paragraph, the Attorney General
shall be given 15 days to correct the deficiencies identified by the
court and submit a revised unclassified summary.
(ii) If the revised unclassified summary is not approved by the court
within 15 days after its submission under clause (i) of this
subparagraph, the removal hearing shall be terminated unless the judge
finds that--
(I) the continued presence of the alien in the United States
would likely cause serious and irreparable harm to the national
security or death or serious bodily injury to any individual;
and
(II) the provision of the summary would likely cause serious
and irreparable harm to the national security or death or
serious bodily injury to any individual.
(E) If a judge makes the findings described in subparagraph
(D)(ii)(I) and (II) of this paragraph--
(i) the removal hearing shall continue;
(ii) the Attorney General shall deliver to the alien a
statement that no summary is possible;
(iii) the classified information submitted in camera and ex
parte may be used as provided in this paragraph; and
(iv) if the alien is lawfully admitted for permanent
residence, the judge (under rules of the removal court) shall
designate a special attorney to assist the alien by--
(I) reviewing in camera the classified information on
behalf of the alien; and
(II) challenging through an in camera proceeding the
veracity of the evidence contained in the classified
information.
(F) A special attorney receiving classified information under
subparagraph (E)(iv) of this paragraph may not disclose the information
to the alien or to any other attorney representing the alien. A special
attorney who violates this restriction shall be fined under title 18,
imprisoned for at least 10 years but not more than 25 years, or both.
(f) Arguments.--Following receipt of evidence, the Attorney General
and the alien shall be given fair opportunity to present argument as to
whether the evidence is sufficient to justify the removal of the alien.
The Attorney General shall open the argument. The alien shall be
permitted to reply. The Attorney General then shall be permitted to
reply in rebuttal. The judge may allow any part of the argument that
refers to evidence received in camera and ex parte to be heard in
camera and ex parte.
(g) Burden of Proof.--In the hearing, the Attorney General has the
burden of proving by a preponderance of the evidence that the alien is
subject to removal because the alien is an alien terrorist.
(h) Rules of Evidence.--The Federal Rules of Evidence (28 App.
U.S.C.) do not apply in a removal hearing under this section.
(i) Finding That Alien is Removable.--If the judge, after considering
the evidence on the record as a whole, finds that the Attorney General
has met the burden of proof, the judge shall order the alien removed
and detained pending removal from the United States. If the alien was
released pending the removal hearing, the judge shall order the
Attorney General to take the alien into custody.
(j) Written Order.--At the time of issuing a decision whether the
alien shall be removed, the judge shall prepare a written order
containing a statement of facts found and conclusions of law. Any part
of the order that would reveal the substance or source of information
received in camera and ex parte under subsection (e) of this section
may not be made available to the alien or the public.
(k) No Right to Ancillary Relief.--The judge may not at any time
consider or provide for relief from removal based on--
(1) asylum under section 5106 of this title;
(2) voluntary departure under section 6714(a) or (b) of this
title;
(3) withholding of removal under section 6716(d) of this
title;
(4) cancellation of removal under section 6721 of this title;
(5) adjustment of status under section 9101 or 9102 of this
title; or
(6) registry under section 9104 of this title.
Sec. 6905. Appeals
(a) Appeal of Denial of Application for Removal Hearing.--(1) The
Attorney General may seek a review of the denial of an order sought in
an application filed under section 6903 of this title. The appeal must
be filed in the United States Court of Appeals for the District of
Columbia Circuit by notice of appeal filed within 20 days after the
date of the denial.
(2) The entire record of the proceeding shall be transmitted to the
Court of Appeals under seal, and the Court of Appeals shall hear the
matter ex parte.
(3) The Court of Appeals shall--
(A) review questions of law de novo; and
(B) set aside a finding of fact only if the finding was
clearly erroneous.
(b) Appeal of Decision About Summary of Classified Information.--(1)
The Attorney General may take an interlocutory appeal to the United
States Court of Appeals for the District of Columbia Circuit of--
(A) a decision by the judge under section 6904(e)(3) of this
title; or
(B) the refusal of the judge to make the findings permitted
by section 6904(e)(3) of this title.
(2) In an interlocutory appeal taken under this subsection, the
entire record (including any proposed order of the judge, any
classified information, and the summary of evidence) shall be
transmitted to the Court of Appeals. The classified information shall
be transmitted under seal. A verbatim record of the appeal shall be
kept under seal in the event of any other judicial review.
(c) Appeal of Decision in Hearing.--(1) Subject to paragraph (2) of
this subsection, the alien or the Attorney General may appeal the
decision of the judge after a removal hearing to the United States
Court of Appeals for the District of Columbia Circuit by filing a
notice of appeal within 20 days after the date on which the order is
issued. The order may not be enforced during the pendency of an appeal
under this subsection.
(2)(A) Unless the alien waives the right to a review under this
paragraph, in any case involving an alien lawfully admitted for
permanent residence who is denied a written summary of classified
information under section 6904(e)(3) of this title and with respect to
which the procedures described in section 6904(e)(3)(E)(iv) apply, any
order issued by the judge shall be reviewed by the Court of Appeals for
the District of Columbia Circuit.
(B) With respect to any issue involving classified information that
arises in the review, the alien shall be represented only by the
special attorney designated under section 6904(e)(3)(E)(iv) of this
title.
(3) In an appeal or review to the Court of Appeals under this
subsection--
(A) the entire record shall be transmitted to the Court of
Appeals;
(B) information received in camera and ex parte, and any part
of the order that would reveal the substance or source of the
information, shall be transmitted under seal;
(C) the appeal or review shall be heard as expeditiously as
practicable and the court may dispense with full briefing and
hear the matter only on the record of the judge of the removal
court and on briefs or motions the court may require to be
filed by the parties;
(D) the court shall review questions of law de novo;
(E) a finding of fact shall be accorded deference by the
reviewing court and may not be set aside unless the finding was
clearly erroneous, except that in a review under paragraph (2)
of this subsection in which an alien lawfully admitted for
permanent residence was denied a written summary of classified
information under section 6904(c)(3) of this title, the Court
of Appeals shall review questions of fact de novo; and
(F) the Court of Appeals shall issue an opinion within 60
days after the date of issuance of the final order of the
district court.
(d) Certiorari.--Following a decision by the Court of Appeals under
subsection (c) of this section, the alien or the Attorney General may
petition the Supreme Court for a writ of certiorari. Any information
transmitted to the Court of Appeals under seal, if also submitted to
the Supreme Court, shall be transmitted under seal. An order of removal
may not be stayed pending disposition of a writ of certiorari, except
as provided by the Court of Appeals or a Justice of the Supreme Court.
(e) Appeal of Detention Order.--(1) Sections 3145-3148 of title 18
apply to an alien to whom section 6907(b)(1) of this title applies. For
purposes of--
(A) section 3145 of title 18, an appeal shall be taken to the
United States Court of Appeals for the District of Columbia
Circuit; and
(B) section 3146 of title 18, the alien shall be considered
released in connection with a charge of an offense punishable
by life imprisonment.
(2) The determinations and actions of the Attorney General under
section 6907(b)(2)(C) of this title are not subject to judicial review
(including application for a writ of habeas corpus), except for a claim
by the alien that continued detention violates the alien's rights under
the Constitution. The United States Court of Appeals for the District
of Columbia Circuit has exclusive jurisdiction over such a claim.
Sec. 6906. Custody and release pending removal hearing
(a) On Filing Application.--(1) Subject to paragraphs (2) and (3) of
this subsection, the Attorney General may--
(A) take into custody any alien with respect to whom an
application under section 6903 of this title has been filed;
and
(B) retain the alien in custody in accordance with the
procedures authorized by this chapter.
(2)(A) An alien lawfully admitted for permanent residence is entitled
to a release hearing before the judge assigned to hear the removal
hearing. The alien shall be detained pending the removal hearing,
unless the alien demonstrates to the court that the alien--
(i) is lawfully admitted for permanent residence;
(ii) is not likely to flee if released on conditions the
court may prescribe (including the posting of any monetary
amount); and
(iii) will not endanger national security, or the safety of
any individual or the community, if released.
(B) The judge may consider classified information submitted in camera
and ex parte in deciding whether to release an alien pending the
removal hearing.
(3)(A) Subject to subparagraph (B) of this paragraph, if a judge of
the removal court denies the order sought in an application filed under
section 6903 of this title, and the Attorney General does not seek
review of the denial, the alien shall be released from custody.
(B) Subparagraph (A) of this paragraph does not prevent the arrest
and detention of the alien under chapter 67 of this title.
(b) Conditional Release if Order Denied and Review Sought.--(1) If a
judge of the removal court denies the order sought in an application
filed under section 6903 of this title and the Attorney General seeks
review of the denial, the judge shall release the alien from custody
subject to the least restrictive condition, or combination of
conditions, of release described in section 3142(b) and (c)(1)(B)(i)-
(xiv) of title 18 that will--
(A) reasonably ensure the appearance of the alien at any
future proceeding under this chapter; and
(B) not endanger the safety of any other individual or the
community.
(2) If the judge finds no such condition or combination of
conditions, as described in paragraph (1) of this subsection, the alien
shall remain in custody until the completion of any appeal authorized
by this chapter.
Sec. 6907. Custody and release after removal hearing
(a) Release.--(1) Subject to paragraph (2) of this subsection, if the
judge decides that an alien should not be removed, the alien shall be
released from custody.
(2) If the Attorney General takes an appeal from the decision, the
alien shall remain in custody, subject to section 3142 of title 18.
(b) Custody and Removal.--(1) If the judge decides that an alien
should be removed, the alien shall be detained pending the outcome of
any appeal. After the conclusion of any judicial review that affirms
the removal order, the Attorney General shall retain the alien in
custody and remove the alien to a country specified under paragraph (2)
of this subsection.
(2)(A) The removal of an alien shall be to any country the alien
designates if the designation does not, in the judgment of the Attorney
General, in consultation with the Secretary of State, impair the
obligation of the United States under any treaty (including a treaty on
extradition) or otherwise adversely affect the foreign policy of the
United States.
(B) If the alien refuses to designate a country to which the alien
wishes to be removed or if the Attorney General, in consultation with
the Secretary, determines that removal of the alien to the designated
country would impair a treaty obligation or adversely affect United
States foreign policy, the Attorney General shall remove the alien to
any country willing to receive the alien.
(C) If no country is willing to receive the alien, the Attorney
General may retain the alien in custody. The Attorney General, in
coordination with the Secretary, shall make periodic efforts to reach
agreement with other countries to accept the alien and at least every 6
months shall provide to the attorney representing the alien at the
removal hearing a written report on the Attorney General's efforts. An
alien in custody under this subparagraph shall be released from custody
only at the discretion of the Attorney General and subject to
conditions the Attorney General considers appropriate.
(D) Before an alien is removed from the United States under this
subsection, or under an order of removal because the alien is
inadmissible under section 6310(b) of this title, the alien shall be
photographed and fingerprinted, and shall be advised of the provisions
of section 10149(a)(2) of this title.
(c) Continued Detention Pending Trial.--(1) The Attorney General may
hold in abeyance the removal of an alien who has been ordered removed
under this chapter to allow the trial of the alien on a federal or
state criminal charge and the service of any sentence of confinement
resulting from the trial.
(2) Pending the commencement of any service of a sentence of
confinement by an alien described in paragraph (1) of this subsection,
the alien shall remain in the custody of the Attorney General, unless
the Attorney General determines that temporary release of the alien to
the custody of state authorities for confinement in a state facility is
appropriate and would not endanger national security or public safety.
(3) Following the completion of a sentence of confinement by an alien
described in paragraph (1) of this subsection, or following the
completion of state criminal proceedings that do not result in a
sentence of confinement of an alien released to the custody of state
authorities under paragraph (2) of this subsection, the alien shall be
returned to the custody of the Attorney General, who shall proceed to
the removal of the alien under this chapter.
(d) Application of Certain Provisions Related to Escape of
Prisoners.--For purposes of sections 751 and 752 of title 18, an alien
in the custody of the Attorney General under this chapter is deemed to
be in custody by virtue of an arrest on a charge of a felony.
(e) Rights of Aliens in Custody.--(1) An alien in the custody of the
Attorney General under this chapter shall be given reasonable
opportunity, as determined by the Attorney General, to communicate with
and receive visits from members of the alien's family, and to contact,
retain, and communicate with an attorney.
(2) An alien in the custody of the Attorney General under this
chapter has the right to contact an appropriate diplomatic or consular
official of the alien's country of citizenship or nationality or of any
country providing representation services for the alien. The Attorney
General shall notify the appropriate embassy, mission, or consular
office of the alien's detention.
CHAPTER 71--TEMPORARY PROTECTED STATUS
Sec.
7101. General.
7102. Granting the status.
7103. Designation of foreign countries.
7104. Information and notices about status.
7105. Temporary documentation and work authorization.
7106. Registration fees.
7107. Withdrawal of status.
7108. Relationship to cancellation of removal.
7109. Relationship to immigration status.
7110. Immigration status and continuous physical presence not affected
by temporary travel outside the United States.
7111. Exclusive remedy.
7112. Limitation on Senate consideration of legislation adjusting
status.
7113. Annual reports.
Sec. 7101. General
The Attorney General may grant an alien temporary protected status in
the United States as provided in this chapter. During the period that
the status is in effect--
(1) the Attorney General may not detain the alien on the
basis of the alien's immigration status in the United States;
(2) the Attorney General may not remove the alien from the
United States;
(3) the Attorney General shall authorize the alien to work in
the United States;
(4) the alien is not residing permanently in the United
States under color of law;
(5) a State or political subdivision of a State that provides
public assistance may find the alien ineligible for the
assistance;
(6) the alien may travel outside the United States with the
prior consent of the Attorney General; and
(7) the alien is deemed to be maintaining lawful status as a
nonimmigrant for purposes of sections 9101(f)(3) and 9108 of
this title.
Sec. 7102. Granting the status
(a) General Requirements for Granting.--The Attorney General may
grant temporary protected status in the United States to an alien who--
(1) is a national of a foreign country designated, or
designated in part, under section 7103 of this title, or has no
nationality but last habitually resided in such a county;
(2) has been physically present in the United States
continuously since the effective date of the most recent
designation of that country or part of that country under
section 7103 of this title;
(3) has resided in the United States continuously since a
date the Attorney General may specify;
(4) is admissible as an immigrant, except that for purposes
of this clause--
(A) sections 4311(a) and 6301 of this title do not
apply;
(B) the Attorney General may waive subchapter I of
chapter 63 of this title (except as provided in
subclause (C) of this clause) for an individual alien
for humanitarian purposes, to ensure family unity, or
when it is otherwise in the public interest; and
(C) the Attorney General may not waive section
6309(a)(1)-(4), 6310(a)-(c), or 6311 of this title,
except as section 6309(a)(3) relates to a single
offense of simple possession of not more than 30 grams
of marijuana; and
(5) registers for the temporary protected status during a
registration period of at least 180 days, to the extent and in
the manner the Attorney General establishes.
(b) Prohibitions on Granting.--Notwithstanding subsection (a) of this
section, the Attorney General may not grant temporary protected status
to an alien if the Attorney General finds that the alien--
(1) has been convicted of a felony or more than one
misdemeanor committed in the United States; or
(2) is described in section 5106(b)(2)(A) of this title.
(c) Brief, Casual, and Innocent Absences.--(1) An alien does not fail
to maintain continuous physical presence in the United States under
subsection (a)(2) of this section or section 7107(2) of this title
because of a brief, casual, and innocent absence from the United
States, whether or not authorized by the Attorney General.
(2) An alien does not fail to maintain continuous residence in the
United States under subsection (a)(3) of this section because of a
brief, casual, and innocent absence from the United States, whether or
not authorized by the Attorney General, or because of a brief temporary
trip outside the United States required by emergency or extenuating
circumstances beyond the alien's control.
(d) Status Pending Registration or Final Decision.--(1) If an alien
can establish a prima facie case of eligibility for temporary protected
status under this chapter except that the period of registration under
subsection (a)(5) of this section has not begun, the Attorney General
shall provide the alien with the benefits of the status until the alien
has had a reasonable opportunity to register during the first 30 days
of the registration period.
(2) If an alien establishes a prima facie case of eligibility for
temporary protected status under this chapter, the Attorney General
shall provide the alien with the benefits of the status until a final
decision is made on the alien's eligibility.
(e) Confidentiality.--The Attorney General shall establish procedures
to protect the confidentiality of information provided by an alien
under this chapter.
(f) No Authorization To Apply for Admission or To Be Admitted.--This
chapter does not authorize an alien to apply for admission, or to be
admitted, to the United States to apply for temporary protected status
under this chapter.
Sec. 7103. Designation of foreign countries
(a) General.--After consultation with the heads of appropriate
federal departments, agencies, or instrumentalities, the Attorney
General may designate a foreign country or part of a foreign country
under this section if the Attorney General finds that--
(1) there is an armed conflict in the country that would pose
a serious threat to the personal safety of nationals of that
country if they were required to return to that country or part
of that country;
(2)(A) there has been an earthquake, flood, drought,
epidemic, or other environmental disaster in the country
resulting in a substantial, but temporary, disruption of living
conditions in the area affected by the disaster;
(B) the country temporarily is unable to handle returning
nationals adequately; and
(C) the government of the country officially has requested
designation under this clause (2); or
(3) extraordinary and temporary conditions exist in the
country that prevent nationals from returning to that country
in safety, unless the Attorney General finds that permitting
the aliens to remain temporarily in the United States is
contrary to the interest of the United States.
(b) Publication of Designations.--A designation under subsection (a)
of this section is effective only if notice of the designation
(including a statement of the findings under subsection (a) and the
effective date of the designation) is published in the Federal
Register. The Attorney General shall include in the notice an estimate
of the number of nationals of the designated country who are, or within
the effective period of the designation are likely to become, eligible
for temporary protected status under this chapter and their immigration
status in the United States.
(c) Effective Period of Designations.--A designation under this
section--
(1) takes effect on the date the notice is published under
subsection (b) of this section or a later date the Attorney
General specifies in the notice; and
(2) remains in effect until terminated under subsection (d)
of this section.
(d) Periodic Reviews, Extensions, and Terminations.--(1) The initial
period of designation of a foreign country or part of a foreign country
is the period specified by the Attorney General. The period shall be at
least 6 months but not more than 18 months.
(2) At least 60 days before the end of the initial period of
designation and any extended period of designation, the Attorney
General, after consultation with the heads of appropriate federal
departments, agencies, and instrumentalities, shall review the
conditions in the designated country or part of the country and decide
whether the conditions for the designation continue to be met.
(3)(A) If the Attorney General does not decide that the designated
country or part of the country no longer meets the conditions for
designation, the designation is extended for 6 months or, in the
discretion of the Attorney General, for 12 or 18 months.
(B) If the Attorney General decides that the designated country or
part of the country no longer meets the conditions for designation, the
Attorney General shall terminate the designation. A termination is
effective 60 days after notice of the termination is published in the
Federal Register or when the most recent extension expires, whichever
is later.
(4) The Attorney General shall publish in the Federal Register, on a
timely basis, notice of each decision under this subsection, including
the basis for the decision, and the period of any extension.
(e) Information on Protected Status at Time of Designation.--When the
Attorney General designates a foreign country or part of a foreign
country under subsection (a) of this section, the Attorney General
shall make available to nationals of that country information on the
temporary protected status available under this chapter.
(f) Administrative and Judicial Review.--(1) The Attorney General
shall establish an administrative procedure to review a denial of
benefits to an alien under this section. The procedure may not prevent
an alien from asserting protection under this chapter in a removal
proceeding if the alien demonstrates that the alien is a national of a
foreign country designated, or designated in part, under this section.
(2) A designation, extension, or termination under this section is
not subject to judicial review.
Sec. 7104. Information and notices about status
(a) Information About Status.--On granting temporary protected status
to an alien under this chapter, the Attorney General shall provide the
alien with information about the status.
(b) Notices of Availability at Deportation Proceedings.--The Attorney
General promptly shall notify an alien of the temporary protected
status that may be available under this chapter--
(1) if, when a removal proceeding is initiated against the
alien, the foreign country of which the alien is a national has
been designated, or designated in part, under section 7103 of
this title; or
(2) if, during a removal proceeding pending against the
alien, the country of which the alien is a national is
designated, or designated in part, under section 7103 of this
title.
(c) Form and Language.--Information and notices under this section
shall be in a form and language the alien can understand.
Sec. 7105. Temporary documentation and work authorization
(a) General.--On granting temporary protected status to an alien
under this chapter, the Attorney General shall provide for the issuance
of temporary documentation and work authorization necessary to carry
out this chapter. The work authorization shall be an ``employment
authorized'' endorsement or other appropriate work permit.
(b) Period of Validity.--(1) Work authorization issued under
subsection (a) of this section is valid during the period the alien is
in temporary protected status under this chapter.
(2) Subject to subsection (c) of this section, the documentation and
work authorization are valid for the initial period of designation of
the foreign country or part of the foreign country involved and any
extension of that period. The Attorney General may stagger the periods
of validity of the documentation and authorization to provide for an
orderly renewal of the documentation and authorization and for an
orderly transition under subsection (c) when a designation is
terminated.
(c) Effective Date of Terminations.--A termination of a designation
under section 7103(d)(3)(B) of this title applies only to documentation
and work authorization issued or renewed after--
(1) the effective date of the termination; or
(2) a later date the Attorney General decides is appropriate
to provide for an orderly transition.
Sec. 7106. Registration fees
(a) Allowable Fees.--The Attorney General may require payment of a
reasonable fee of not more than $50 as a condition for registering an
alien under section 7102(a)(5) of this title and an additional fee for
providing a work authorization.
(b) Crediting Appropriation.--All fees collected under this section
shall be credited to the appropriation to be used to carry out this
chapter.
Sec. 7107. Withdrawal of status
The Attorney General shall withdraw temporary protected status
granted to an alien under this chapter if--
(1) the Attorney General finds that the alien was not
eligible for the status;
(2) except as provided in sections 7101(6) and 7102(c) of
this title, the alien has not remained continuously physically
present in the United States from the date the alien first was
granted the status; or
(3) the alien, without good cause, does not register with the
Attorney General annually, at the end of each 12-month period
after the status is granted, in the form and manner specified
by the Attorney General.
Sec. 7108. Relationship to cancellation of removal
Under section 6721(a) of this title, the period during which
temporary protected status is in effect for an alien--
(1) is not counted as a period of physical presence in the
United States unless the Attorney General decides that extreme
hardship exists; and
(2) does not cause a break in the continuity of residence
before and after the period during which the alien has that
status.
Sec. 7109. Relationship to immigration status
(a) General.--This chapter does not authorize the Attorney General to
deny temporary protected status to an alien based on the alien's
immigration status or to require an alien, as a condition of being
granted temporary protected status, to relinquish any other status the
alien may have or to waive any right under this title (except
subchapter I of chapter 7, chapter 47, subchapters II and III of
chapter 131, and chapters 133, 135, and 151).
(b) Temporary Protected Status Not Inconsistent With Nonimmigrant
Status.--Granting temporary protected status under this chapter is not
inconsistent with granting nonimmigrant status under this title.
Sec. 7110. Immigration status and continuous physical presence not
affected by temporary travel outside the United
States
An alien granted temporary protected status under this chapter whom
the Attorney General authorizes to travel outside the United States
temporarily and who returns to the United States according to the
authorization--
(1) shall be inspected and admitted in the same immigration
status the alien had at the time of departure if the alien is
found not to be inadmissible on a ground referred to in section
7102(a)(4)(C) of this title; and
(2) has not failed to maintain continuous physical presence
in the United States under section 6721(a) of this title
because of the departure if the absence meets the requirements
of section 6721(c).
Sec. 7111. Exclusive remedy
Except as otherwise specifically provided, this chapter provides the
exclusive authority of the Attorney General under law to allow an alien
who is or may become otherwise removable or who has been paroled into
the United States to remain in the United States temporarily because of
the alien's nationality or region of foreign country of nationality.
Sec. 7112. Limitation on Senate consideration of legislation adjusting
status
(a) General.--Except as provided in subsection (b) of this section,
it is not in order in the Senate to consider a bill, resolution, or
amendment that--
(1) provides for the adjustment to lawful temporary or
permanent resident alien status for an alien receiving
temporary protected status under this chapter; or
(2) has the effect of amending or limiting the application of
this section.
(b) Supermajority Requirement.--An affirmative vote of three-fifths
of the members of the Senate chosen and sworn is required to--
(1) waive or suspend subsection (a) of this section; or
(2) sustain an appeal of the ruling of the Chair on a point
of order raised under subsection (a) of this section.
(c) Senate Rulemaking Power.--This section--
(1) is enacted as an exercise of the rulemaking power of the
Senate;
(2) is deemed to be a part of the rules of the Senate on
matters described in subsection (a) of this section;
(3) supersedes other rules of the Senate only to the extent
inconsistent with this section; and
(4) is enacted with full recognition of the constitutional
right of the Senate to change those rules at any time in the
same manner as any other rule of the Senate.
Sec. 7113. Annual reports
(a) Attorney General.--Not later than March 1 of each year, the
Attorney General, after consultation with the heads of appropriate
federal departments, agencies, and instrumentalities, shall submit to
the Committees on the Judiciary of the House of Representatives and the
Senate a report on the operation of this chapter during the prior year.
The report shall include--
(1) a listing of foreign countries and parts of foreign
countries designated under section 7103 of this title;
(2) the number of nationals of each country granted temporary
protected status under this chapter and their immigration
status before being granted temporary protected status; and
(3) an explanation of why each foreign country or part of a
foreign country was designated under section 7103 of this title
and why a designation was extended or terminated.
(b) Committee Reports.--Not later than 180 days after receiving a
report under subsection (a) of this section, the Committees on the
Judiciaryof the House of Representatives and the Senate shall report to
the House and Senate, respectively, on oversight findings and
legislation the applicable Committee considers appropriate.
CHAPTER 73--ADDITIONAL REGULATION OF PERSONS PROVIDING TRANSPORTATION
Sec.
7301. Ports of entry for aircraft and civil air navigation regulation.
7302. Lists of passengers.
7303. Payment contingent on admission prohibited.
7304. Detention and delivery of arriving aliens.
7305. Duty to prevent unauthorized landing.
7306. Carrier contracts for inspection and admission.
7307. Prohibitions on bringing certain aliens to the United States.
7308. Fees for inspecting passengers.
Sec. 7301. Ports of entry for aircraft and civil air navigation
regulation
The Attorney General by regulation may--
(1) designate as ports of entry for aliens arriving by
aircraft in the United States any of the ports of entry
designated for civil aircraft under section 2(b)(1)(A) of
Public Law 103-272 (19 U.S.C. 1644a(b)(1)(A));
(2) require aircraft in civil air navigation to give notice
of landing or intention to land as necessary to carry out this
title; and
(3) apply this title to civil air navigation to the extent
the Attorney General considers necessary.
Sec. 7302. Lists of passengers
(a) Arriving Passengers.--An owner, agent, master, commanding
officer, or consignee of a vessel or aircraft arriving in the United
States from a place outside the United States shall give an immigration
officer at the port of arrival a list of the passengers on the vessel
or aircraft. The list shall be prepared at the time, be in the form,
and contain the information the Attorney General prescribes by
regulation as necessary to identify the passengers and enforce the
immigration laws.
(b) Departing Passengers.--(1) A master, commanding officer, or agent
of a vessel or aircraft taking on passengers in the United States who
are destined to a place outside the United States shall give an
immigration officer at the port a list of those passengers before
departing. The list shall be in the form, contain the information, and
be accompanied by other documentation the Attorney General prescribes
by regulation as necessary to identify the passengers and enforce the
immigration laws. The master, commanding officer, or agent shall state
under oath that the list and accompanying documentation contain all of
the required information.
(2) The vessel or aircraft may be cleared only after the master,
commanding officer, or agent complies with paragraph (1) of this
subsection. However, if the Attorney General decides that the vessel or
aircraft is making regular trips to ports of the United States, the
Attorney General, when it is expedient, may allow the master,
commanding officer, or agent to give the list and documentation at a
later date.
(c) Exceptions.--Subsections (a) and (b) of this section do not
require that a list include--
(1) an alien crewmember; or
(2) except as required by regulations prescribed under
section 7301 of this title, a passenger--
(A) arriving by air on a trip originating in foreign
territory contiguous to the United States; or
(B) departing by air on a trip originating in the
United States and destined for foreign territory
contiguous to the United States.
(d) Waiver.--The Attorney General may prescribe conditions under
which the requirements of this section may be waived.
Sec. 7303. Payment contingent on admission prohibited
An owner, agent, master, commanding officer, person in charge,
purser, or consignee of a vessel or aircraft bringing an alien (except
an alien crewmember) to the United States may not take any
consideration to be kept or returned contingent on whether the alien is
admitted to, or ordered removed from, the United States.
Sec. 7304. Detention and delivery of arriving aliens
An immigration officer may order an owner, agent, master, commanding
officer, person in charge, purser, or consignee of a vessel or aircraft
bringing an alien (except an alien crewmember) to the United States
to--
(1) detain the alien on the vessel or at the airport of
arrival; and
(2) deliver the alien to an immigration officer for
inspection or to a medical officer for examination.
Sec. 7305. Duty to prevent unauthorized landing
(a) General.--(1) A person bringing an alien to, or providing a means
for an alien to travel to, the United States (including an alien
crewmember not covered by section 2704(a) of this title) shall prevent
the alien from landing in the United States at--
(A) a port of entry not designated by the Attorney General;
or
(B) a time or place not designated by an immigration officer.
(2) Proof that an alien did not appear at the time and place
designated by the immigration officer is prima facie evidence that the
alien landed in the United States at a time or place not designated by
the immigration officer.
(3) This subsection does not apply to a carrier that has made a
contract as provided in section 7306(b) of this title.
(b) Diligence Defense.--(1) An owner or operator of a railroad line,
international bridge, or toll road that satisfies the Attorney General
that the owner or operator has acted diligently and reasonably to
comply with subsection (a)(1) of this section is not liable for a
penalty under section 10122 of this title for not complying with
subsection (a)(1).
(2) On request of an owner or operator referred to in paragraph (1)
of this subsection, the Attorney General shall inspect a facility
established, or method used, by the owner or operator at a place of
entry into the United States to comply with subsection (a)(1) of this
section. The Attorney General shall approve, for the period of time the
Attorney General prescribes, a facility or method the Attorney General
decides is satisfactory to achieve compliance.
(3) Proof that an owner or operator referred to in paragraph (1) of
this subsection has diligently maintained a facility, or used a method,
approved by the Attorney General under paragraph (2) of this subsection
(during the period the approval is in effect) is prima facie evidence
that the owner or operator acted diligently and reasonably to comply
with subsection (a)(1) of this section.
Sec. 7306. Carrier contracts for inspection and admission
(a) Definition.--In this section, ``carrier'' includes the owner,
agent, charterer, or consignee operating a vessel, aircraft, or
railroad train bringing an alien to the United States, to foreign
territory, or to an adjacent island.
(b) Carrier Contracts.--(1) The Attorney General may make a contract
with a carrier for--
(A) the inspection and admission of aliens coming to the
United States from foreign territory or an adjacent island; or
(B) a guarantee of passage through the United States in
immediate and continuous transit of aliens destined for a
foreign country.
(2) A carrier may not allow an alien coming from foreign territory or
an adjacent island to land in the United States unless the carrier has
made a contract required by the Attorney General under paragraph (1)(A)
of this subsection.
(c) Landing Stations.--A carrier engaged in transporting alien
passengers for compensation to the United States from foreign territory
or an adjacent island--
(1) shall provide and maintain at its expense suitable
landing stations conveniently located at the places of entry in
the United States; and
(2) may land alien passengers in the United States only if
the Attorney General approves the landing stations and the
maintenance of the stations.
Sec. 7307. Prohibitions on bringing certain aliens to the United States
(a) Aliens Not Having Passports and Visas.--A person may not bring to
the United States (except from a foreign territory contiguous to the
United States) an alien who does not have a passport and a visa, if a
visa is required by this title or regulations prescribed under this
title.
(b) Aliens Inadmissible Because of Health.--(1) An owner, agent,
master, commanding officer, charterer, or consignee of a vessel or
aircraft may not bring to the United States an alien who is
inadmissible under section 6304 of this title.
(2) Paragraph (1) of this subsection does not apply if--
(A) the alien is a crewmember;
(B) the alien is allowed to land in the United States;
(C) the alien is in possession of an immigrant visa;
(D) the alien is in possession of a nonimmigrant visa or
other documentation authorizing the alien to apply for
temporary admission to the United States and applies for
admission within 120 days after the date the visa or
documentation was issued;
(E) the alien is in possession of a reentry permit and
applies for admission within 120 days after the date of the
alien's last inspection and admission;
(F)(i) the alien is in possession of a nonimmigrant visa or
other documentation authorizing the alien to apply for
temporary admission to the United States or a reentry permit;
(ii) the alien applies for admission more than 120 days after
the date the visa or documentation was issued or after the date
of the last inspection and admission under the reentry permit;
and
(iii) the owner, agent, master, commanding officer,
charterer, or consignee of the vessel or aircraft satisfies the
Attorney General that the existence of the condition causing
inadmissibility could not have been discovered by exercising
due diligence before the alien boarded the vessel or aircraft;
or
(G) the alien is entitled by law to exemption from the
grounds of inadmissibility in chapter 63 of this title.
Sec. 7308. Fees for inspecting passengers
(a) Fees.--In addition to any other fee authorized by law, the
Attorney General shall charge and collect $6 for the immigration
inspection of each passenger arriving at a port of entry in the United
States, or for the preinspection of each passenger in a place outside
the United States before arrival, on a commercial vessel or commercial
aircraft. However, that fee may not be charged and collected for--
(1) a passenger on a commercial vessel if the passenger's
journey originated in Canada, Mexico, a territory or possession
of the United States, or an adjacent island; or
(2) a passenger in transit to a destination outside the
United States and for whom immigration inspection services are
not provided.
(b) Collection.--(1) A person issuing a document or ticket to an
individual for transportation on a commercial vessel or commercial
aircraft to the United States shall--
(A) collect from the individual the fee charged under
subsection (a) of this section when the document or ticket is
issued; and
(B) identify on that document or ticket the fee charged under
subsection (a) of this section as a federal inspection fee.
(2) If a document or ticket for transportation of a passenger to the
United States is issued in a foreign country and the fee charged under
subsection (a) of this section is not collected when the document or
ticket is issued, the person providing the transportation shall collect
the fee when the passenger departs from the United States and give the
passenger a receipt for payment of the fee.
(3) The person collecting a fee under this section shall pay the fee
to the Attorney General within 30 days after the end of the calendar
quarter in which the fee is collected, except that--
(A) the 4th quarter payment for fees collected from
passengers on commercial aircraft shall be paid on the 10th day
before the end of the fiscal year; and
(B) the first quarter payment shall include any collections
made in the prior quarter that were not paid with the prior
payment.
(4) Fees collected under this section shall be deposited as
offsetting receipts in the Treasury in the Immigration User Fee Account
established under section 345 of this title.
(c) Regulations.--Regulations prescribed by the Attorney General for
the collection of fees and payment of those fees under this section
shall be consistent with regulations prescribed by the Secretary of the
Treasury for the collection and remittance of taxes imposed by
subchapter C of chapter 33 of the Internal Revenue Code of 1986 (26
U.S.C. ch. 33, subch. C), but only to the extent the latter regulations
are not inconsistent with this section.
PART E--ADDITIONAL REQUIREMENTS AND LIMITATIONS
CHAPTER 81--REGISTRATION AND FINGERPRINTING
Sec.
8101. Registration and fingerprinting requirements.
8102. Forms and oath.
8103. Certificates of alien registration and alien registration receipt
cards.
8104. Address notification.
8105. Confidentiality of records.
Sec. 8101. Registration and fingerprinting requirements
(a) General Requirements.--Except as provided in subsection (c) of
this section--
(1) an alien applying for a visa shall be registered and
shall provide signed copies of a photograph of the alien to be
used as prescribed by regulation;
(2) an alien at least 14 years of age who remains in the
United States for at least 30 days and has not been registered
and fingerprinted under clause (1) of this subsection or
section 30 or 31 of the Alien Registration Act, 1940, shall
apply for registration and fingerprinting within those 30 days;
(3) if an alien less than 14 years of age remains in the
United States for at least 30 days and has not been registered
under clause (1) of this subsection, the parent or legal
guardian of the alien shall apply for registration of the alien
within those 30 days; and
(4) an alien who becomes 14 years of age in the United States
shall apply for registration and fingerprinting within 30 days
after becoming 14 years of age.
(b) Special Requirements for Certain Aliens.--The Attorney General
may prescribe special regulations and forms for registering and
fingerprinting--
(1) alien crewmembers;
(2) holders of border crossing identification cards;
(3) aliens confined in institutions in the United States;
(4) aliens under order of removal;
(5) aliens who are or have been on criminal probation or
criminal parole in the United States; and
(6) aliens not lawfully admitted for permanent residence.
(c) Waivers and Nonapplication.--(1) The Secretary of State may waive
subsection (a)(1) of this section for an alien described in section
2301 or 2302 of this title or an alien issued a diplomatic visa on a
diplomatic passport or on equivalent documentation.
(2) On a reciprocal basis, the Attorney General may waive the
fingerprinting requirement of subsection (a)(2)-(4) of this section for
a nonimmigrant.
(3) Subsections (a)(2)-(4) and (b) of this section do not apply to an
alien who has the status of a nonimmigrant classified under section
2301 or 2302 of this title.
Sec. 8102. Forms and oath
(a) Forms.--The Attorney General and Secretary of State jointly shall
prepare forms for registering aliens under section 8101(a)(1) of this
title. The Attorney General shall prepare forms for registering and
fingerprinting aliens under section 8101(a)(2)-(4) of this title. The
forms shall request information on--
(1) the date and place of entry of the alien into the United
States;
(2) activities and intended activities of the alien;
(3) the period of time the alien expects to remain in the
United States;
(4) any police and criminal records of the alien; and
(5) additional information as prescribed.
(b) Oath.--Information required for registration under this chapter
shall be given under oath. An individual authorized by regulations
prescribed by the Attorney General to register aliens under this
chapter may administer the oath.
Sec. 8103. Certificates of alien registration and alien registration
receipt cards
(a) Issuance.--An alien in the United States who has been registered
and fingerprinted under this chapter or the Alien Registration Act,
1940, shall be issued a certificate of alien registration or an alien
registration receipt card in the form and way, and at the time, the
Attorney General prescribes by regulation.
(b) Card To Be Carried.--An alien at least 18 years of age shall
carry at all times the certificate of alien registration or alien
registration receipt card issued to the alien under this section.
Sec. 8104. Address notification
(a) Notice of Change of Address.--Each alien in the United States who
is required to register under this chapter shall--
(1) notify the Attorney General in writing of each new
address of the alien within 10 days after the date of a change
of address; and
(2) provide with the notice additional information the
Attorney General may require by regulation.
(b) Notice of Natives' Current Addresses.--The Attorney General may
require, on 10 days' notice, the natives of a foreign country or a
class or group of natives of a foreign country who are in the United
States and required to register under this chapter to notify the
Attorney General of their current addresses and to provide the Attorney
General additional information the Attorney General may require.
(c) Notice for Aliens Less Than 14 Years of Age.--A parent or legal
guardian of an alien less than 14 years of age who is required to
register shall be given the notice required by this section.
Sec. 8105. Confidentiality of records
A registration or fingerprinting record made under this chapter is
confidential and may be made available only to--
(1) federal, state, and local law enforcement agencies; and
(2) persons and agencies the Attorney General designates.
CHAPTER 83--MISCELLANEOUS
Sec.
8301. Notice of denial of visa, admission, or adjustment of status.
8302. Discontinuing issuance of visas when country denies or delays
accepting alien.
8303. Restriction on immigration of officers and employees of foreign
governments and international organizations.
8304. Ineligibility of section 2312 nonimmigrants for certain benefits.
8305. Federal assistance in incarcerating undocumented criminal aliens.
8306. Reimbursement of certain expenses.
Sec. 8301. Notice of denial of visa, admission, or adjustment of status
(a) General.--If a consular officer or an immigration officer denies
an alien's application for a visa or admission to the United States
because the officer finds the alien to be inadmissible under section
2121(a), 4104(g), or 4311(a) or subchapter I of chapter 63 of this
title, or denies an application for adjustment of status because the
officer finds the alien to be ineligible for the adjustment because of
the application of section 9106 of this title, the officer shall
provide the alien with a timely written notice of the denial. The
notice shall state the decision and list the specific provisions of law
on which the denial is based.
(b) Waiver.--The Secretary of State may waive subsection (a) of this
section for an alien or for a class of inadmissible aliens.
(c) Nonapplication.--Subsection (a) of this section does not apply to
an alien inadmissible under section 6309(a)(1), (2), (3), (4), (5), or
(7), 6310, or 6311 of this title.
Sec. 8302. Discontinuing issuance of visas when country denies or
delays accepting alien
On being notified by the Attorney General that the government of a
foreign country denies or unreasonably delays accepting an alien who is
a citizen, subject, national, or resident of that country after the
Attorney General asks whether the government will accept the alien
under section 6716 of this title, the Secretary of State shall order
consular officers in that foreign country to discontinue granting
immigrant visas, nonimmigrant visas, or both, to citizens, subjects,
nationals, and residents of that country until the Attorney General
notifies the Secretary that the country has accepted the alien.
Sec. 8303. Restriction on immigration of officers and employees of
foreign governments and international organizations
An officer or employee of a government of a foreign country or an
international organization, and an attendant, servant, employee, or
member of the immediate family of the officer or employee, may apply
for and be issued an immigrant visa and be admitted to the United
States as an immigrant only after executing the same waiver as provided
in section 9105(c)(2) of this title.
Sec. 8304. Ineligibility of section 2312 nonimmigrants for certain
benefits
(a) Ineligibility.--An alien admitted to the United States as a
nonimmigrant classified under section 2312 of this title, or provided
status as a nonimmigrant classified under section 2312 after admission,
is ineligible to apply for an immigrant visa, permanent residence, or a
nonimmigrant visa under any of sections 2313-2317 and 2325 of this
title until it is established that the alien has resided and been
physically present in the foreign country of the alien's nationality or
last residence for a total of at least 2 years after leaving the United
States, if--
(1) the alien's participation in the program for which the
alien came to the United States was financed, directly or
indirectly, in any part by the Federal Government or by the
government of the foreign country of the alien's nationality or
last residence;
(2) the alien, at the time the alien was admitted or provided
status as a nonimmigrant classified under section 2312 of this
title, was a national or resident of a foreign country that the
Director of the United States Information Agency (under
regulations the Director prescribed) designated as clearly
requiring the services of individuals engaged in the alien's
field of specialized knowledge or skill; or
(3) the alien came to the United States or acquired status as
a nonimmigrant classified under section 2312 of this title to
receive graduate medical education or training.
(b) Waivers.--Except as provided in subsection (c) of this section,
the Attorney General may waive the 2-year residence requirement of
subsection (a) of this section if the Attorney General finds that
admitting the alienwould be in the public interest, after receiving a
favorable recommendation from--
(1) the Director--
(A) because of a request from the head of an
interested federal department, agency, or
instrumentality or, in the case of an alien described
in subsection (a)(3) of this section, a request from a
State Department of Public Health or its equivalent; or
(B) if the foreign country of the alien's nationality
or last residence provides the Director with a written
statement that it does not object to the waiver, except
that this subclause does not apply to an alien
described in subsection (a)(3) of this section; or
(2) the Commissioner of Immigration and Naturalization if the
Commissioner finds that--
(A) departure from the United States would impose
exceptional hardship on the alien's spouse or child
when the spouse or child is a citizen of the United
States or lawfully admitted for permanent residence; or
(B) the alien would be subject to persecution on
account of race, religion, or political opinion if the
alien returned to the foreign country of the alien's
nationality or last residence.
(c) Restriction on Waiver Requests.--(1) The Attorney General may
grant a waiver requested under subsection (b) of this section by a
State Department of Public Health, or its equivalent, or by the head of
an interested federal department, agency, or instrumentality, for an
alien described in subsection (a)(3) of this section only if--
(A) in the case of an alien contractually obligated to return
to a foreign country, the government of the country provides
the Director with a written statement that the country does not
object to the waiver;
(B) in the case of a request by a State Department of Public
Health or its equivalent, the grant of the waiver would not
cause the number of waivers allotted for that State for that
fiscal year to exceed 20;
(C) the alien demonstrates an offer of full-time employment
at a health facility or health care organization, the Attorney
General decides that the employment is in the public interest,
and the alien agrees--
(i) to begin employment at the facility or
organization not later than 90 days after receiving the
waiver; and
(ii) to continue to work for at least 3 years unless
the Attorney General decides that extenuating
circumstances such as the closure of the facility or
hardship to the alien justifies a shorter period of
time, in which case the alien must demonstrate another
offer of employment at a health facility or health care
organization for the remainder of the 3-year period;
and
(D) except in the case of a request by the head of the
interested federal department, agency, or instrumentality to
employ the alien full-time in medical research or training, the
alien agrees to practice medicine as provided in paragraph (2)
of this subsection for at least 3 years only in geographic
areas the Secretary of Health and Human Services designates as
having a shortage of health care professionals.
(2)(A) Notwithstanding section 9108(b)(3) of this title, the Attorney
General may change the status of an alien who qualifies under this
subsection and subsection (a) of this section to that of a nonimmigrant
classified under section 2313 of this title.
(B) An alien who has acquired a change of status under subparagraph
(A) of this paragraph and who has not fulfilled the terms of a contract
with the health facility or health care organization is ineligible to
apply for an immigrant visa, for permanent residence, or for any other
change of nonimmigrant status until it is established that the alien
has resided and been physically present in the foreign country of the
alien's nationality or last residence for a total of at least 2 years
after leaving the United States.
(C) The 2-year foreign residence requirement under subsection (a) of
this section applies to an alien described in subsection (a)(3) of this
section (except a special immigrant under section 133(a)(8) of this
title) and the waiver granted that alien under subsection (b) of this
section is revoked if--
(i) the alien does not comply at any time with an agreement
made under paragraph (1)(C) or (D) of this subsection; or
(ii) the alien's employment does not benefit the public
interest at any time during the 3-year period described in
paragraph (1)(C) of this subsection.
Sec. 8305. Federal assistance in incarcerating undocumented criminal
aliens
(a) Definition.--In this section, ``undocumented criminal alien''
means an alien who--
(1) has been convicted of a felony or at least 2
misdemeanors; and
(2)(A) entered the United States without inspection or at a
time or place not designated by the Attorney General;
(B) was the subject of an exclusion or deportation proceeding
when taken into custody by a State or political subdivision of
a State; or
(C) was admitted as a nonimmigrant and, when taken into
custody by a State or political subdivision of a State--
(i) had not maintained the nonimmigrant status under
which the alien was admitted or which the alien
acquired under section 9108 of this title; or
(ii) had not complied with a condition of the
nonimmigrant status.
(b) Federal Government Responsibilities.--(1) If the chief executive
officer of a State (or, if appropriate, a political subdivision of a
State) exercising authority for the incarceration of an undocumented
criminal alien submits a written request to the Attorney General, the
Attorney General, as the Attorney General decides, shall--
(A) make a contract providing for compensation to the State
or political subdivision of the State, as appropriate, for
incarceration of the alien; or
(B) take the alien into the custody of the Federal Government
and incarcerate the alien.
(2) Compensation under paragraph (1)(A) of this subsection shall be
the average cost of incarceration of a prisoner in the relevant State
as determined by the Attorney General.
(3)(A) In carrying out paragraph (1) of this subsection, the Attorney
General shall give priority to the Government's incarceration of
undocumented criminal aliens who have committed an aggravated felony.
(B) The Attorney General shall ensure that undocumented criminal
aliens incarcerated in Government facilities under this section are
held in facilities that provide a level of security appropriate to the
offenses of which they were convicted.
(c) Use of Amounts.--To the extent of available appropriations, the
recipient of amounts otherwise made available under this section to a
State or a political subdivision, including a municipality, of a State
for incarceration of an undocumented criminal alien may use the amounts
for the costs of imprisoning the alien in a state, local, or municipal
prison or jail.
(d) Authorization of Appropriations.--(1) Amounts necessary to carry
out this section may be appropriated. Of those amounts, the following
amounts may be appropriated from the Violent Crime Reduction Trust
Fund:
(A) $350,000,000 for the fiscal year ending September 30,
1998.
(B) $350,000,000 for the fiscal year ending September 30,
1999.
(C) $340,000,000 for the fiscal year ending September 30,
2000.
(2) Beginning October 1, 2004, the requirements of this section are
not subject to the availability of appropriations.
Sec. 8306. Reimbursement of certain expenses
(a) Medical Assistance for Care and Treatment of Emergency Medical
Condition.--(1) In this section, ``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
reasonably could be expected to result in--
(A) placing the patient's health in serious jeopardy;
(B) serious impairment to bodily functions; or
(C) serious dysfunction of any bodily organ or part.
(2) Subject to amounts provided in advance in an appropriation law,
each State or political subdivision of a State that after December 31,
1996, provides medical assistance for care and treatment of an
emergency medical condition through a public hospital or other public
facility (including a nonprofit hospital that is eligible for an
additional payment adjustment under section 1886 of the Social Security
Act (42 U.S.C. 1395ww)) or through a contract with another hospital or
facility to an alien not lawfully present in the United States is
eligible for payment from the Federal Government of its costs of
providing the services that are not reimbursed otherwise through any
other federal program and that cannot be recovered from the alien or
another person.
(3) Payment may be made under this subsection only after the
immigration status of the alien has been verified through appropriate
procedures established by the Secretary of Health and Human Services
and the Attorney General.
(4) The Attorney General, in consultation with the Secretary, shall
carry out this subsection.
(b) Emergency Ambulance Services.--Subject to available
appropriations, the Attorney General shall reimburse each State and
political subdivision of that State completely for costs the State or
subdivision incurs for emergency ambulance services provided to an
alien who--
(1) is injured while crossing a land or sea border of the
United States without inspection or at any time or place except
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.
PART F--ADJUSTMENT AND CHANGE OF STATUS
CHAPTER 91--ADJUSTMENT AND CHANGE OF STATUS
Sec.
9101. Aliens inspected and admitted or paroled into the United States.
9102. Aliens who entered the United States without inspection and
certain other aliens.
9103. Aliens admitted as foreign government officials and their
families.
9104. Aliens entering the United States before January 1, 1972.
9105. Aliens lawfully admitted for permanent residence.
9106. Additional requirements for aliens adjusting to certain
employment-based immigrant status.
9107. Rescission of adjustment of status to alien lawfully admitted for
permanent residence.
9108. Change of status.
Sec. 9101. Aliens inspected and admitted or paroled into the United
States
(a) Requirements.--Except as provided in subsections (e)-(g) of this
section, the Attorney General may adjust the status of an alien
inspected and admitted or paroled into the United States to that of an
alien lawfully admitted for permanent residence if--
(1) the alien applies for the adjustment, is eligible to
receive an immigrant visa, and is admissible to the United
States for permanent residence; and
(2) an immigrant visa is immediately available to the alien
when the application for adjustment is filed.
(b) Recordation of Adjustment.--On approving an application for
adjustment of status under subsection (a) of this section, the Attorney
General shall record the lawful admission of the alien for permanent
residence as of the date of approval.
(c) Reduction in Number of Authorized Immigrant Visas.--For each
alien lawfully admitted for permanent residence under this section, the
Secretary of State shall reduce by one the number of immigrant visas
that may be issued under sections 4103-4105 and 4110 of this title
within the class to which the alien is chargeable for the current
fiscal year.
(d) Application to Certain Special Immigrants.--(1) In applying this
section to a special immigrant as defined in section 133(a)(12) of this
title--
(A) the alien is deemed to have been paroled into the United
States;
(B) when the Attorney General is deciding on the alien's
admissibility as an immigrant--
(i) sections 4311(a), 6301(a)(2) and (b), 6306(a)-
(c), and 9106 of this title do not apply;
(ii) the Attorney General may waive subchapter I of
chapter 63 of this title (except as provided in
subclause (iii) of this clause) for an alien for
humanitarian purposes, to ensure family unity, or when
it is otherwise in the public interest; and
(iii) the Attorney General may not waive section
6309(a)(1)-(4), 6310(a)-(c), or 6311 of this title,
except as section 6309(a)(3) relates to a single
offense of simple possession of not more than 30 grams
of marijuana;
(C) the relationship between an alien and the alien's natural
parents or prior adoptive parents is not a factor in making a
waiver under clause (B)(ii) of this paragraph; and
(D) this paragraph and section 133(a)(12) of this title do
not authorize an alien to apply for admission or be admitted to
the United States to obtain the special immigrant status as
defined in section 133(a)(12).
(2) In applying this section to a special immigrant as defined in
section 133(a)(13) of this title, the alien is deemed to have been
paroled into the United States.
(e) Application to Nonimmigrants Classified Under Section 2326.--(1)
The Attorney General may adjust the status of an alien admitted to the
United States as a nonimmigrant classified under section 2326(a)(1) of
this title (and the spouse, married and unmarried sons and daughters,
and parents of the alien if admitted under section 2326(a)(1)) to that
of an alien lawfully admitted for permanent residence if--
(A) the alien is not described in section 6311 of this title;
and
(B) the Attorney General finds the nonimmigrant has supplied
information described in section 2326(a)(1)(A) of this title
and providing that information has contributed substantially to
the success of an authorized criminal investigation or the
prosecution of an individual described in section 2326(a)(1)(C)
of this title.
(2) The Attorney General may adjust the status of an alien admitted
to the United States as a nonimmigrant classified under section
2326(a)(2) of this title (and the spouse, married and unmarried sons
and daughters, and parents of the alien if admitted under section
2326(a)(2)) to that of an alien lawfully admitted for permanent
residence if--
(A) the alien is not described in section 6311 of this title;
(B) the Attorney General finds the nonimmigrant has supplied
information described in section 2326(a)(2)(A) of this title
and providing that information has contributed substantially
to--
(i) the prevention or frustration of an act of
terrorism against a person or property of the United
States; or
(ii) the success of an authorized criminal
investigation of, or the prosecution of, an individual
involved in the act of terrorism; and
(C) the nonimmigrant has received a reward under section
36(a) of the State Department Basic Authorities Act of 1956 (22
U.S.C. 2708(a)).
(3) Only the Attorney General may make a finding under paragraph (2)
of this subsection.
(4) On approving an adjustment of status under this subsection, the
Attorney General shall record the alien's lawful admission for
permanent residence as of the date of approval and the Secretary shall
reduce by one the number of visas authorized to be issued under
sections 4102(b)(1) and 4104(e) of this title for the current fiscal
year.
(f) Nonapplication.--Subsection (a) of this section does not apply
to--
(1) an alien crewmember;
(2) an alien admitted in immediate and continuous transit
without a visa under section 2121(c)(3) of this title;
(3) an alien (except an immediate relative and a special
immigrant as defined in section 133(a)(8)-(13) of this title)
who--
(A) after January 1, 1977, and before applying for an
adjustment of status, engages in or accepts
unauthorized employment;
(B) has an unlawful immigration status on the date of
filing the application for an adjustment of status; or
(C) except through no fault of the alien or for
technical reasons, has not maintained continuously a
lawful status since entering the United States;
(4) an alien (except an immediate relative) admitted as a
nonimmigrant visitor without a visa under section 2121(d) or
2128 of this title; or
(5) an alien who was admitted as a nonimmigrant classified
under section 2326 of this title;
(6) an alien deportable under section 6508(b) of this title;
(7) an alien who is seeking adjustment of status to that of
an immigrant under section 4104 of this title and who is not in
a lawful nonimmigrant status; or
(8) an alien who was employed while the alien was an
unauthorized alien, as defined in section 11101 of this title,
or who otherwise has violated the terms of a nonimmigrant visa.
(g) Aliens Whose Status May Not Be Adjusted.--(1) The Attorney
General may not adjust, under subsection (a) of this section, the
status of--
(A) an alien lawfully admitted for permanent residence on a
conditional basis under subchapter I of chapter 45 of this
title;
(B) a nonimmigrant classified under section 2309(a) of this
title, except to that of an alien lawfully admitted for
permanent residence on a conditional basis under subchapter I
of chapter 45 of this title, because of the marriage of the
nonimmigrant (or, if a child, the parent) to the citizen who
filed the petition under section 2309(b) of this title; or
(C) an alien seeking an immigrant visa because of a marriage
entered into during the period an administrative or judicial
proceeding on the alien's right to be admitted to or remain in
the United States is pending.
(2)(A) Paragraph (1)(C) of this subsection does not apply to a
marriage if the alien establishes by clear and convincing evidence
satisfactory to the Attorney General that--
(i) the marriage was entered into in good faith and under the
laws of the place where the marriage took place;
(ii) the marriage was not entered into to procure the alien's
admission as an immigrant; and
(iii) no consideration was given, except to an attorney for
assistance in preparing a petition, for filing a petition under
section 2309(b) or 4301(a) or (b) of this title for an alien
spouse or alien son or daughter.
(B) Under regulations of the Attorney General, the Attorney General
shall allow only one level of administrative appellate review for each
alien under this paragraph.
Sec. 9102. Aliens who entered the United States without inspection and
certain other aliens
(a) Who May Apply.--An alien physically present in the United States
who entered the United States without inspection or who is described in
section 9101(f) of this title may apply to the Attorney General to
adjust the status of the alien to that of an alien lawfully admitted
for permanent residence.
(b) Acceptance of Application.--(1) The Attorney General may accept
the application only if the alien remits $1,000 with the application.
The amount required under this subsection is in addition to the fee
normally required for processing an application under section 9101 of
this title.
(2) This subsection does not apply to--
(A) a child who is less than 17 years of age; or
(B) an alien who--
(i) is the spouse or unmarried child of an individual
who at any time became lawfully admitted for temporary
or permanent residence under chapter 93 of this title,
section 210 of the Immigration and Nationality Act, or
section 202 of the Immigration Reform and Control Act
of 1986 (Public Law 99-603, 100 Stat. 3404);
(ii) was the spouse or unmarried child of that
individual on May 5, 1988;
(iii) entered the United States before May 5, 1988,
resided in the United States on May 5, 1988, and is not
a lawful permanent resident; and
(iv) applied for benefits under section 301(a) of the
Immigration Act of 1990 (Public Law 101-649, 104 Stat.
5029).
(c) Adjustment Made.--On receiving the application and the required
amount, the Attorney General may adjust the status of the alien to that
of an alien lawfully admitted for permanent residence if--
(1) the alien is eligible to receive an immigrant visa and is
admissible to the United States for permanent residence; and
(2) an immigrant visa is available to the alien immediately
when the application is filed.
(d) Disposal of Amounts.--(1) The part of each application fee (but
not more than $200) remitted under this section that the Attorney
General decides is required to process an application under this
section shall be disposed of by the Attorney General as provided in
section 346 of this title.
(2) The Attorney General shall deposit the remainder of the fee in
the Immigration Detention Account established under section 348 of this
title.
(e) Fingerprint Identification Checks.--The Commissioner of
Immigration and Naturalization shall conduct complete fingerprint
identification checks through the Federal Bureau of Investigation for
all individuals over 16 years of age who are adjusting their
immigration status under this section.
(f) Ending date.--This section ends on October 1, 1997.
Sec. 9103. Aliens admitted as foreign government officials and their
families
(a) Requirements.--An alien admitted to the United States as a
nonimmigrant classified under section 2301(1) or (2) or 2302(1), (2),
or (3) of this title, who does not maintain nonimmigrant status under
any of those provisions, may apply to the Attorney General to adjust
the status of the alien to that of an alien lawfully admitted for
permanent residence. After consulting with the Secretary of State, the
Attorney General may adjust the status of the alien if the Attorney
General is satisfied that--
(1) the alien has demonstrated compelling reasons why the
alien cannot return to the country represented by the
government that accredited the alien or a member of the alien's
immediate family and that adjusting the status of the alien is
in the interest of the United States;
(2) the alien is of good moral character;
(3) the alien is admissible for permanent residence under
this title; and
(4) adjusting the alien's status under this subsection would
not be contrary to the welfare, safety, or security of the
United States.
(b) Recordation of Adjustment and Report to Congress.--If the
Attorney General adjusts the status of an alien under subsection (a) of
this section, the Attorney General--
(1) may record the lawful admission of the alien for
permanent residence as of the date of the adjustment; and
(2) shall submit to Congress, on the first day of the next
month in which Congress is in session--
(A) a complete and detailed report of the facts and
law in the alien's case; and
(B) the Attorney General's reasons for the
adjustment.
(c) Reduction in Number of Immigrant Visas.--(1) For each alien
lawfully admitted for permanent residence under this section, the
Secretary shall reduce by one the number of immigrant visas for the
foreign country to which the alien is chargeable under section 4111 of
this title for the current fiscal year or the next fiscal year in which
a visa is available if the alien was classifiable as an immigrant
subject to the numerical limitations of sections 4102-4105 and 4110 of
this title when the alien entered the United States.
(2) The Secretary may not reduce the numerical limitations for the
foreign country under this section by more than 50 percent in a fiscal
year.
(d) Numerical Limitation.--The Attorney General may admit as aliens
lawfully admitted for permanent residence under this section not more
than 50 aliens in a fiscal year.
Sec. 9104. Aliens entering the United States before January 1, 1972
(a) Requirements.--On approval of an application of an alien, the
Attorney General may adjust the status of the alien to that of an alien
lawfully admitted for permanent residence if--
(1) a record of the lawful admission of the alien for
permanent residence is not available; and
(2) the alien satisfies the Attorney General that the alien--
(A) entered the United States before January 1, 1972,
and has resided in the United States continuously since
the alien's entry;
(B) is of good moral character;
(C) is not ineligible for citizenship and is not
deportable under section 6508(b) of this title; and
(D) is not inadmissible under--
(i) section 6311 of this title; or
(ii) a provision of subchapter I of chapter
63 of this title related to criminals, immoral
individuals, violators of narcotic laws,
smugglers of aliens, or national security.
(b) Recordation of Adjustment.--If the Attorney General adjusts the
status of an alien under subsection (a) of this section, the Attorney
General shall record the lawful admission of the alien for permanent
residence as of the date--
(1) the alien entered the United States if the alien entered
before July 1, 1924; or
(2) the Attorney General approves the alien's application for
an adjustment of status under this section.
(c) Photographs.--An alien applying for an adjustment of status under
this section must provide the Attorney General with 3 identical
photographs of the alien.
(d) Nonapplication of Numerical Limitations.--The numerical
limitations of sections 4102 and 4110 of this title do not apply to an
alien whose status is adjusted under this section.
Sec. 9105. Aliens lawfully admitted for permanent residence
(a) Adjustment to Nonimmigrant Status.--Except as provided in
subsection (c) of this section, the Attorney General shall adjust the
status of an alien lawfully admitted for permanent residence to that of
a nonimmigrant classified under section 2301, 2302, or 2306 of this
title if at the time of admission or after the alien is admitted to the
United States the alien is engaged in an occupation that would entitle
the alien to the status of a nonimmigrant classified under section
2301, 2302, or 2306 if the alien were seeking to be admitted to the
United States.
(b) Record of Admission for Permanent Residence Canceled.--The
Attorney General shall cancel the record of the admission of the alien
for lawful permanent residence as of the date the Attorney General
adjusts the alien's status under this section.
(c) Nonapplication.--This section does not apply to an alien who--
(1) requests the Attorney General not to adjust the alien's
status under this section; and
(2) files with the Attorney General a written waiver of the
rights, privileges, exemptions, and immunities that the alien
otherwise would be entitled to under a law or executive order
because the alien is engaged in an occupation that entitles the
alien to the status of a nonimmigrant classified under section
2301, 2302, or 2306 of this title.
Sec. 9106. Additional requirements for aliens adjusting to certain
employment-based immigrant status
Section 4104(g) (1) and (2)(A) and (B) of this title applies to
aliens applying for an adjustment of status to that of an immigrant
under section 4104 (c) or (d) of this title.
Sec. 9107. Rescission of adjustment of status to alien lawfully
admitted for permanent residence
(a) Rescission of Adjustment of Status.--If, within 5 years after the
Attorney General adjusts the status of an alien under any provision of
law to that of an alien lawfully admitted for permanent residence, the
Attorney General is satisfied that the alien was not eligible for the
adjustment, the Attorney General shall rescind--
(1) the adjustment of the alien's status; and
(2) the cancellation of the alien's removal if the Attorney
General canceled the removal.
(b) Effect of Rescission.--When the Attorney General rescinds an
adjustment under subsection (a) of this section, the alien becomes
subject to this title as if the Attorney General had not changed the
alien's status.
(c) No Requirement To Rescind.--This section does not require the
Attorney General to rescind the alien's status before procedures to
remove the alien under section 6704 of this title are begun.
(d) Sufficiency of Order.--An order of removal issued by an
immigration judge is sufficient to rescind the alien's status.
Sec. 9108. Change of status
(a) Prerequisites.--Except as provided in subsection (b) of this
section, the Attorney General may change the status of an alien by
changing the alien's nonimmigrant classification to another
nonimmigrant classification under conditions prescribed by the Attorney
General if the alien--
(1) is lawfully admitted to the United States as a
nonimmigrant;
(2) continues to maintain that status; and
(3) is not inadmissible under section 6319(b)(1) of this
title (or the alien's inadmissibility under section 6319(b)(1)
is waived under section 6319(b)(6)).
(b) Nonapplication.--The Attorney General may not make a change under
subsection (a) of this section if the alien--
(1) is admitted to the United States for passage through the
United States in immediate and continuous transit to a foreign
country;
(2) is classified as a nonimmigrant under section 2304, 2305,
2309, or 2326 of this title;
(3) is classified as a nonimmigrant under section 2312 of
this title and came to the United States or acquired the
classification to receive graduate medical education or
training;
(4) except an alien referred to in clause (3) of this
subsection, is classified as a nonimmigrant under section 2312
of this title and is subject to, and has not received a waiver
of, the 2-year foreign residence requirement of section 8304(a)
of this title, unless the alien applies to have the alien's
classification changed from a classification as a nonimmigrant
under section 2312 to a classification as a nonimmigrant under
section 2301 or 2302 of this title; or
(5) is admitted as a nonimmigrant visitor without a visa
under section 2121(d) or 2128 of this title.
CHAPTER 93--ADJUSTMENT OF STATUS FOR CERTAIN ALIENS WHO ENTERED THE
UNITED STATES BEFORE 1982
Sec.
9301. Numerical limitations and admissions.
9302. Adjustment of status to alien lawfully admitted for temporary
residence.
9303. Applications for adjustment of status to alien lawfully admitted
for temporary residence.
9304. Adjustment of status from temporary residence to permanent
residence.
9305. Medical examination.
9306. Nonapplication and waiver of certain provisions of law.
9307. Fees.
9308. Confidentiality of information.
9309. Temporary stay of deportation.
9310. Temporary ineligibility to receive certain assistance.
9311. Unfavorable ending of temporary residence status.
9312. Administrative and judicial review.
9313. Administrative.
Sec. 9301. Numerical limitations and admissions
(a) Numerical Limitations.--The numerical limitations of sections
4102 and 4110 of this title do not apply to an adjustment of status of
an alien to that of an alien lawfully admitted for permanent residence
under this chapter.
(b) Admissions.--This chapter does not authorize an alien to apply
for admission to, or be admitted to, the United States so that the
alien may apply for an adjustment of status under section 9302 of this
title.
Sec. 9302. Adjustment of status to alien lawfully admitted for
temporary residence
(a) Requirements.--The Attorney General shall adjust the status of an
alien to that of an alien lawfully admitted for temporary residence if
the alien meets the following requirements:
(1) The alien applied for the adjustment as provided in
section 9303 of this title after May 4, 1987, and before May 5,
1988.
(2) The alien entered the United States before January 1,
1982.
(3) The alien resided continuously in the United States in an
unlawful status from January 1, 1982, through the date the
application for the adjustment was filed under this section.
(4) If the alien--
(A) entered the United States as a nonimmigrant
before January 1, 1982, the alien's period of
authorized stay as a nonimmigrant expired before
January 1, 1982, or the Federal Government by January
1, 1982, knew of the unlawful status of the alien; or
(B) was a nonimmigrant exchange alien classified
under section 2312 of this title, the alien was not
subject to the 2-year foreign residence requirement of
section 8304(a) of this title, fulfilled the
requirement, or received a waiver.
(5) The alien has been physically present continuously in the
United States, except for any brief, casual, and innocent
absence, since November 6, 1986.
(6) The alien is admissible to the United States as an
immigrant, except as provided in sections 9305 and 9306 of this
title.
(7) The alien has not been convicted of a felony or of more
than 2 misdemeanors committed in the United States.
(8) The alien has not assisted in the persecution of a person
on account of race, religion, nationality, membership in a
particular social group, or political opinion.
(9) The alien is registered or registering under the Military
Selective Service Act (50 App. U.S.C. 451 et seq.) if the Act
requires the alien to register.
(b) Authorized Travel.--During the time an alien is an alien lawfully
admitted for temporary residence under subsection (a) of this section,
the Attorney General shall allow the alien to return to the United
States after--
(1) any brief and casual trip outside the United States that
reflects the alien's intent to have the alien's status adjusted
under section 9304 of this title to that of an alien lawfully
admitted for permanent residence; and
(2) any brief temporary trip outside the United States
because of a family obligation involving the illness or death
of a close relative or another family need.
(c) Authorized Employment.--During the time an alien is an alien
lawfully admitted for temporary residence under subsection (a) of this
section, the Attorney General shall grant the alien authorization to be
employed in the United States and provide to the alien an ``employment
authorized'' endorsement or other appropriate work permit.
(d) Cuban or Haitian Entrant.--In applying this section, a Cuban or
Haitian entrant described in section 13151(1) or (2)(A) of this title
is deemed to have entered the United States and to be in an unlawful
status in the United States.
Sec. 9303. Applications for adjustment of status to alien lawfully
admitted for temporary residence
(a) Contents.--An application for an adjustment of status under
section 9302(a) of this title shall contain information the Attorney
General requires, including information on each living relative of the
applicant with respect to whom the applicant may file a petition at a
later date under section 4301 (a) or (b) of this title.
(b) Who May Receive Applications.--The Attorney General shall provide
that an application for an adjustment of status under section 9302(a)
of this title may be filed with the Attorney General or with an entity
designated under subsection (c) of this section if the applicant
consents to having the application forwarded to the Attorney General.
(c) Designating Entities To Receive Applications.--To assist in the
legalization program under this chapter, the Attorney General--
(1) shall designate qualified voluntary organizations and
other qualified state, local, and community organizations; and
(2) may designate other persons the Attorney General decides
are qualified and have substantial experience, demonstrated
competence, and traditional long-term involvement in preparing
and submitting applications for adjustment of status under
section 5107, 9101, or 9102 of this title, the Act of November
2, 1966 (Public Law 89-732, 80 Stat. 1161), or the Act of
October 28, 1977 (Public Law 95-145, 91 Stat. 1223).
(d) Treatment of Applications by Designated Entities.--An entity
designated under subsection (c) of this section must agree to forward
to the Attorney General only those applications filed with it under
subsection (b) of this section that the applicants consent to being
forwarded. An entity may not make a decision under this chapter
required to be made by the Attorney General.
Sec. 9304. Adjustment of status from temporary residence to permanent
residence
(a) Requirements.--The Attorney General shall adjust the status of an
alien lawfully admitted for temporary residence under section 9302 of
this title to that of an alien lawfully admitted for permanent
residence if the alien--
(1) applies for the adjustment during the 2-year period
beginning with the 19th month that begins after the alien
acquired the status of an alien lawfully admitted for temporary
residence;
(2) has resided continuously in the United States since the
alien acquired the status of an alien lawfully admitted for
temporary residence;
(3) is admissible as an immigrant, except as provided in
sections 9305 and 9306 of this title;
(4) has not been convicted of a felony or of more than 2
misdemeanors committed in the United States; and
(5)(A) meets the requirements of section 20301(a)(7) and (8)
of this title; or
(B) is pursuing satisfactorily a course of study, recognized
by the Attorney General, to meet the requirements of section
20301(a)(7) and (8) of this title.
(b) Exceptions.--(1) An alien does not violate the continuous
residence requirement of subsection (a)(2) of this section because of
an absence from the United States allowed under section 9302(b) of this
title.
(2) The Attorney General may waive any part of the requirements of
subsection (a)(5) of this section for an alien who is at least 65 years
of age or developmentally disabled.
(c) Relation to Naturalization Examination.--An alien demonstrating
under subsection (a)(5)(A) of this section that the alien meets the
requirements of section 20301(a)(7) and (8) of this title may be deemed
to have satisfied those requirements for becoming naturalized as a
citizen of the United States under subtitle V of this title.
Sec. 9305. Medical examination
An alien must undergo, at the alien's expense, an appropriate medical
examination (including establishing the alien's immunization status)
that complies with generally accepted professional standards of medical
practice before a decision on the alien's admissibility under sections
9302(a)(6), 9304(a)(3), and 9311(2) of this title may be made.
Sec. 9306. Nonapplication and waiver of certain provisions of law
(a) Grounds of Exclusion That Do Not Apply or That May Be Waived.--
When the Attorney General is deciding on an alien's admissibility under
sections 9302(a)(6), 9304(a)(3), and 9311(2) of this title--
(1) sections 4311(a), 6301(a)(2) and (b)-(d), and 9106 of
this title do not apply; and
(2) except as provided in subsection (b) of this section, the
Attorney General may waive section 2121(a) and subchapter I of
chapter 63 of this title for an individual alien--
(A) for humanitarian purposes;
(B) to ensure family unity; or
(C) when otherwise in the public interest.
(b) Grounds That May Not Be Waived.--Notwithstanding subsection
(a)(2) of this section, the Attorney General may not waive--
(1) section 6306(a)-(c) of this title to the extent it
relates to an application for adjustment of status to an alien
lawfully admitted for permanent residence, except that section
6306(a)-(c) may be waived for an alien who is or was an aged,
blind, or disabled individual (as defined in section 1614(a)(1)
of the Social Security Act (42 U.S.C. 1382c(a)(1)));
(2) section 6309(a)(1)-(4) of this title, except as section
6307(a)(3) relates to a single offense of simple possession of
not more than 30 grams of marijuana; or
(3) section 6310 or 6311 of this title.
(c) Special Rule for Deciding Whether Aliens Are Public Charges.--An
alien is not ineligible for an adjustment of status under this chapter
because of inadmissibility under section 6304(a) of this title if the
alien demonstrates a history of employment in the United States showing
self-support without receiving public cash assistance.
Sec. 9307. Fees
(a) Fee Schedule.--The Attorney General shall establish a schedule of
fees for applying for an adjustment of status under section 9302 or
9304 of this title. The Attorney General shall provide for an
additional fee for applying for an adjustment of status under section
9304 of this title after the end of the first year of the 2-year period
described in section 9304(a)(1) of this title.
(b) Use of Fees.--The Attorney General shall deposit amounts received
under subsection (a) of this section in a separate account. The amounts
may be used, without fiscal year limitation, for expenses related to
reviewing applications filed under section 9302 or 9304 of this title.
Capital assets acquired with amounts in the account are available for
the general use of the Immigration and Naturalization Service when the
assets are not needed for activities related to reviewing those
applications.
Sec. 9308. Confidentiality of information
(a) Limitation on Access.--A record of an entity designated under
section 9303(c) of this title, related to an alien seeking assistance
or information about filing an application under this chapter, is
confidential. The Attorney General and the Commissioner of Immigration
and Naturalization may have access to the record only with the consent
of the alien.
(b) Limitations on Use.--(1) The Attorney General--
(A) may use information provided in making an application
under this chapter only--
(i) to make a decision on the application; or
(ii) to enforce section 10154 of this title;
(B) may disclose information provided under this chapter in
the same way that census information may be disclosed under
section 8 of title 13;
(C) may not make a publication that allows the information
provided by a particular individual to be identified; and
(D) may allow only a sworn officer or employee of the
Department of Justice or of an entity designated under section
9303(c) of this title (for an application filed with the
entity) to examine an application.
(2) The Attorney General shall provide the information provided in
making an application under this chapter, and any other information
derived from information provided in making the application, to a
recognized law enforcement entity in connection with a criminal
investigation or prosecution, when the entity makes a written request
for the information, or to an official coroner for affirmatively
identifying a deceased individual (whether or not the individual is
deceased as a result of a crime).
(3) Information about whether the applicant has at any time been
convicted of a crime may be used or released for immigration
enforcement or law enforcement purposes.
(4) This subsection does not limit the use, or release, for
immigration enforcement or law enforcement purposes, of information
contained in files or records of the Immigration and Naturalization
Service related to an application filed under section 9302 or 9304 of
this title, except information provided in making the application, or
any other information derived from the application, that is not
available from any other source.
Sec. 9309. Temporary stay of deportation
(a) Application Could Not Be Made.--If an alien was apprehended
before May 5, 1987, and could have established a prima facie case of
eligibility for an adjustment of status under section 9302 of this
title, except that the alien could not apply for the adjustment before
May 5, 1987, the Attorney General shall provide that, unless the alien
had an opportunity after May 4, 1987, and before June 4, 1987, to
complete the filing of an application for an adjustment of status, the
alien--
(1) may not be deported;
(2) may be employed in the United States; and
(3) shall be provided an ``employment authorized''
endorsement or other appropriate work permit.
(b) Application Presented.--If an alien presented a prima facie
application for adjustment of status under section 9302 of this title
after May 4, 1987, and before May 5, 1988, the Attorney General shall
provide that, until a final decision has been made on the application,
the alien--
(1) may not be deported;
(2) may be employed in the United States; and
(3) shall be provided an ``employment authorized''
endorsement or other appropriate work permit.
Sec. 9310. Temporary ineligibility to receive certain assistance
(a) Period of Ineligibility.--(1) Except as provided in paragraphs
(3) and (4) of this subsection and subsection (b) of this section, an
alien who acquires the status of an alien lawfully admitted for
temporary residence under section 9302 of this title is not eligible
for the following, during the 5-year period beginning on the date the
alien was granted the status:
(A) Financial assistance under the state program of
assistance under part A of title IV of the Social Security Act
(42 U.S.C. 601 et seq.).
(B) Any other program of financial assistance--
(i) provided under a law of the United States on a
financial-need basis; and
(ii) identified by the Attorney General in
consultation with the heads of appropriate federal
departments, agencies, and instrumentalities.
(C) Medical assistance under a state plan approved under
title XIX of the Social Security Act (42 U.S.C. 1396 et seq.).
(D) Assistance under the Food Stamp Act of 1977 (7 U.S.C.
2011 et seq.).
(2) To the extent consistent with this subsection and subsection (b)
of this section, a State or political subdivision of a State may
provide that the alien is not eligible for financial assistance
referred to in paragraph (1)(A) and (B) of this subsection or for
medical assistance referred to in paragraph (1)(C) of this subsection
provided under a law of the State or political subdivision.
(3) Paragraph (1) of this subsection does not apply to--
(A) a Cuban or Haitian entrant (as defined in section
501(e)(1) or (2)(A) of the Refugee Education Assistance Act of
1980 (Public Law 96-422, 94 Stat. 1810) as in effect on April
1, 1983); or
(B) assistance (except assistance under a state program
financed under part A of title IV of the Social Security Act
(42 U.S.C. 601 et seq.)) provided an alien who is an aged,
blind, or disabled individual (as defined in section 1614(a)(1)
of the Social Security Act (42 U.S.C. 1382c(a)(1)).
(4) Assistance provided under the following laws is not financial
assistance referred to in paragraph (1)(B) of this subsection:
(A) Title IV of the Higher Education Act of 1965 (20 U.S.C.
1070 et seq. and 42 U.S.C. 2751 et seq.).
(B) The Carl D. Perkins Vocational and Applied Technology
Education Act (20 U.S.C. 2301 et seq.).
(C) Title I of the Elementary and Secondary Education Act of
1965 (20 U.S.C. 6301 et seq.).
(D) The Job Training Partnership Act (29 U.S.C. 1501 et
seq.).
(E) The Public Health Service Act (42 U.S.C. 201 et seq.).
(F) Titles I, X, XIV, and XVI of the Social Security Act (42
U.S.C. 301 et seq., 1201 et seq., 1351 et seq., 1381 et seq.)
as in effect without regard to the amendment made by section
301 of the Social Security Amendments of 1972 (Public Law 92-
603, 86 Stat. 1465).
(G) Parts B, D, and E of title IV and titles V, XVI, and XX
of the Social Security Act (42 U.S.C. 620 et seq., 651 et seq.,
670 et seq., 701 et seq., 1381 et seq., 1397 et seq.).
(H) The National School Lunch Act (42 U.S.C. 1751 et seq.).
(I) The Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.).
(J) The Head Start Act (42 U.S.C. 9831 et seq.).
(b) Restricted Medical Assistance.--(1) In this subsection--
(A) ``medical assistance'' means medical assistance under a
state plan approved under title XIX of the Social Security Act
(42 U.S.C. 1396 et seq.); and
(B) an alien lawfully admitted for temporary residence under
section 9302 of this title is deemed to be residing permanently
in the United States under color of law as long as the alien's
temporary residence status is not adjusted.
(2) Except as provided in paragraph (3) of this subsection and
notwithstanding title XIX of the Social Security Act (42 U.S.C. 1396 et
seq.), an alien lawfully admitted for temporary residence under section
9302 of this title is eligible for only the following medical
assistance during the 5-year period beginning on the date the alien is
granted temporary residence status:
(A) Emergency services as provided under section
1916(a)(2)(D) of the Social Security Act (42 U.S.C.
1396o(a)(2)(D)).
(B) Services for pregnant women as described in section
1916(a)(2)(B) of the Social Security Act (42 U.S.C.
1396o(a)(2)(B)).
(3) An alien lawfully admitted for temporary residence under section
9302 of this title is eligible for any medical assistance during the 5-
year period beginning on the date the alien is granted temporary
residence status if the alien is--
(A) an alien described in subsection (a)(3) of this section;
or
(B) less than 18 years of age.
(c) Adjustment of Status Not Affecting Certain Benefits.--Assistance
under subchapter III of chapter 131 of this title shall be continued
without regard to an adjustment of the alien's status under this
chapter.
(d) Alien Not Residing Permanently in the United States.--Unless
otherwise specifically provided, an alien lawfully admitted for
temporary residence under section 9302 of this title is not residing
permanently in the United States under color of law for purposes of a
law of a State or political subdivision of a State providing for a
program of financial assistance.
Sec. 9311. Unfavorable ending of temporary residence status
The Attorney General shall end the temporary residence status granted
an alien under section 9302 of this title--
(1) if the Attorney General believes the alien was not
eligible for that status;
(2) if the alien--
(A) commits an act that makes the alien inadmissible
to the United States as an immigrant, except as
provided in sections 9305 and 9306 of this title; or
(B) is convicted of a felony or of at least 3
misdemeanors committed in the United States; or
(3) at the end of the 43d month beginning after the date the
alien is granted the status, unless the alien has applied under
section 9304 of this title for an adjustment of status to that
of an alien lawfully admitted for permanent residence and the
application has not been denied.
Sec. 9312. Administrative and judicial review
(a) Exclusiveness of Review.--The only administrative and judicial
reviews of a decision made under this chapter about an application for
an adjustment of status of an alien shall be the reviews provided in
this section.
(b) Administrative Review.--Except as provided in subsection (d) of
this section, the Attorney General shall maintain an appellate
authority to provide for a single level of administrative appellate
review of a decision described in subsection (a) of this section. The
review shall be based only on the administrative record established at
the time of the decision and on additional or newly discovered evidence
not available at the time the decision was made.
(c) Judicial Review.--(1) Except as provided in subsection (d) of
this section, a decision made under this chapter denying an adjustment
of status of an alien may be reviewed judicially only by judicial
review of an order of deportation under section 106 of the Immigration
and Nationality Act as in effect on September 30, 1996. The review
shall be based only on the administrative record established at the
time of the review by the appellate authority. The findings of fact and
decisions contained in the record of the authority are conclusive
unless the applicant establishes abuse of discretion or that the
findings are directly contrary to clear and convincing facts contained
in the record considered as a whole.
(2) As of November 6, 1986, a court does not have jurisdiction of a
cause of action or claim by or on behalf of an individual asserting an
interest under this chapter unless the individual--
(A) filed an application under this chapter within the period
specified in section 9302(a)(1) of this title; or
(B) attempted to file a complete application and application
fee with an authorized legalization officer of the Immigration
and Naturalization Service but the officer refused the
application and fee.
(d) No Review for Late Filing.--A denial of an adjustment of status
under this chapter because an application for the adjustment was filed
late may not be reviewed in an administrative proceeding of the Federal
Government or by a court of the United States or a State.
Sec. 9313. Administrative
(a) Regulations.--After consulting with the Committees on the
Judiciary of the House of Representatives and the Senate, the Attorney
General shall prescribe--
(1) regulations establishing a definition of ``resided
continuously'' for this chapter and evidence needed to
establish that an alien has resided continuously in the United
States under this chapter; and
(2) other regulations necessary to carry out this chapter.
(b) Considerations.--In prescribing regulations under subsection
(a)(1) of this section, the Attorney General--
(1) shall specify individual and total periods of absence
from the United States that will break a period of continuous
residence in the United States and shall consider any absence
that is only a brief and casual trip outside the United States;
(2) shall provide that--
(A) an alien has not resided continuously in the
United States if the alien was outside the United
States, during a period for which continuous residence
is required, because of a deportation order; and
(B) time during which an alien is outside the United
States under the advance parole procedures of the
Commissioner of Immigration and Naturalization is not
part of the time during which an alien is outside the
United States under this chapter;
(3) may provide for a waiver of the periods specified in
clause (1) of this subsection if the absence is a brief
temporary trip outside the United States required by an
emergency or extenuating circumstance outside the control of
the alien; and
(4) shall require that continuous residence and physical
presence in the United States be established by documents
(employment-related if available to the alien) and independent
corroboration of the information the documents contain.
PART G--PENALTIES
CHAPTER 101--PENALTIES
SUBCHAPTER I--GENERAL
Sec.
10101. Jurisdiction.
10102. Settlement, compromise, and discontinuance of certain
proceedings.
SUBCHAPTER II--CIVIL PENALTIES
10111. Violating regulations related to ports of entry for aliens
arriving by aircraft.
10112. Failure to deliver lists of passengers.
10113. Failure to provide lists and reports about alien crewmembers.
10114. Failure to control alien crewmembers.
10115. Improper discharge of alien crewmembers.
10116. Employing alien crewmembers having disabilities and diseases.
10117. Employing alien crewmembers for certain longshore work.
10118. Violations involving certifications for longshore work by alien
crewmembers.
10119. Bringing in aliens excludable because of health.
10120. Bringing in aliens not having passports and visas.
10121. Assisting unlawful entry as alien crewmembers.
10122. Failure to prevent unauthorized landings.
10123. Failure to remove alien stowaways.
10124. Failure to carry out certain orders related to removal.
10125. Document fraud.
10126. Illegal entry.
10127. Failure to depart.
10128. Improper use, publication, examination, or disclosure of
information.
10129. Information dissemination by international matchmaking
organization.
10130. Clearing vessels and aircraft.
SUBCHAPTER III--CRIMINAL PENALTIES
10141. Violating period of conditional landing permit.
10142. Failure to register and be fingerprinted.
10143. Failure to carry a certificate of alien registration or alien
registration receipt card.
10144. Failure to provide addresses.
10145. False and fraudulent registration.
10146. Counterfeiting alien registration documents.
10147. Bringing in and harboring aliens.
10148. Improper entry of aliens.
10149. Reentry of removed aliens.
10150. Assisting certain excludable aliens to enter the United States.
10151. Importing aliens for immoral purposes.
10152. Failure to depart.
10153. Marriage to evade immigration laws.
10154. Misrepresentations in applications for adjustment of status.
10155. Establishing a commercial enterprise to evade immigration laws.
10156. Failure to disclose role as preparer of false application for
immigration benefits.
10157. Failure to comply with terms of release under supervision.
SUBCHAPTER I--GENERAL
Sec. 10101. Jurisdiction
(a) District Courts.--The district courts of the United States have
jurisdiction over all civil and criminal actions the Federal Government
brings after September 30, 1996, that arise under this title (except
subchapter I of chapter 7, chapter 47, subchapters II and III of
chapter 131, chapters 133 and 135, section 13702, and chapter 151).
(b) Jurisdiction Not Provided.--This title (except subchapter I of
chapter 7, chapter 47, subchapters II and III of chapter 131, chapters
133 and 135, section 13702, and chapter 151) does not provide
jurisdiction for an action against the Government or a department,
agency, instrumentality, or officer of the Government filed after
September 30, 1996.
Sec. 10102. Settlement, compromise, and discontinuance of certain
proceedings
A judicial proceeding for violating this title (except subchapter I
of chapter 7, chapter 47, subchapters II and III of chapter 131,
chapters 133 and 135, section 13702, and chapter 151) may be settled,
compromised, or discontinued only with the consent of the court. A
settlement, compromise, or discontinuance, and the reasons for it,
shall be entered on the record.
SUBCHAPTER II--CIVIL PENALTIES
Sec. 10111. Violating regulations related to ports of entry for aliens
arriving by aircraft
(a) Civil Penalty and Compromise.--A person violating a regulation
prescribed under section 7301 of this title is liable to the Federal
Government for a civil penalty of $2,000. The Attorney General may
compromise the amount of the penalty. A decision on a penalty or
compromise under this section is final.
(b) Lien on Aircraft.--When the owner or individual in command of an
aircraft violates a regulation referred to in subsection (a) of this
section, the aircraft is subject to a lien for the civil penalty. The
aircraft may be seized summarily by, and placed in the custody of, a
person authorized under regulations prescribed by the Attorney General.
(c) Release of Aircraft.--An aircraft seized under this section may
be released from custody--
(1) on deposit of--
(A) an amount (but not more than $2,000) prescribed
by the Attorney General; or
(B) a bond in an amount and with an insurer
prescribed by the Attorney General; and
(2) conditioned on payment of the penalty decided on by the
Attorney General.
(d) Collection of Penalty.--A civil action in rem may be brought
against the aircraft to collect the civil penalty. The action shall
conform as nearly as practicable to civil actions in admiralty.
Sec. 10112. Failure to deliver lists of passengers
(a) Civil Penalty.--If the Attorney General is satisfied that a
person has not delivered an accurate list of passengers as required
under section 7302 of this title, the person is liable to the Federal
Government for a civil penalty of $300 for each passenger for whom the
list is not sworn and delivered as required.
(b) Prohibition on Compromise.--The Attorney General may not
compromise the amount of a civil penalty under this section.
Sec. 10113. Failure to provide lists and reports about alien
crewmembers
(a) Civil Penalty.--A person not delivering a list or report required
by section 2701 or 2702 of this title is liable to the Federal
Government for a civil penalty of $200 for each alien crewmember not
listed or reported as required.
(b) Prohibition on Compromise.--The Attorney General may not
compromise the amount of a civil penalty under this section.
Sec. 10114. Failure to control alien crewmembers
(a) Civil Penalty.--A person not detaining or removing an alien
crewmember as required by section 2704 of this title is liable to the
Federal Government for a civil penalty of $3,000 for each alien
crewmember not detained or removed.
(b) Compromise.--The Attorney General may compromise the amount of a
civil penalty under this section to not less than $500 for each alien
crewmember involved.
Sec. 10115. Improper discharge of alien crewmembers
(a) Civil Penalty.--If the Attorney General is satisfied that a
person has violated section 2706 of this title, the person is liable to
the Federal Government for a civil penalty of $3,000 for each
violation.
(b) Compromise.--The Attorney General may compromise the amount of a
civil penalty under this section to not less than $1,500 for each
violation.
Sec. 10116. Employing alien crewmembers having disabilities and
diseases
(a) Civil Penalty.--The owner, agent, master, commanding officer, or
consignee of a vessel or aircraft is liable to the Federal Government
for a civil penalty of $1,000 for each alien crewmember employed in
violation of section 2705(a) of this title if the Attorney General is
satisfied, from an examination certified by a medical officer of the
Public Health Service, that--
(1) the crewmember was afflicted with a disability or disease
referred to in section 2705(a) of this title when the
crewmember was taken on board the vessel or aircraft; and
(2) the disability or disease could have been detected by a
competent medical examination.
(b) Compromise.--The Attorney General may compromise the amount of a
civil penalty under this section.
Sec. 10117. Employing alien crewmembers for certain longshore work
(a) Civil Penalty.--An owner, agent, master, commanding officer, or
consignee of a vessel that hires an alien crewmember classified as a
nonimmigrant under section 2305(a)(1) of this title to perform
longshore work not included in the normal operation and service on a
vessel under section 2723, 2724, or 2725 of this title is liable to the
Federal Government for a civil penalty of $5,000.
(b) Lien on Vessel.--A vessel referred to in subsection (a) of this
section is subject to a lien for the amount of the civil penalty.
(c) Prohibition on Compromise.--The Attorney General may not
compromise the amount of a civil penalty under this section.
Sec. 10118. Violations involving certifications for longshore work by
alien crewmembers
If the Secretary of Labor finds under section 2723(f) of this title
that an employer has failed to meet a condition, or misrepresented a
material fact, in its attestation under section 2723(a) of this title,
the Secretary may impose a civil penalty of not more than $5,000 for
each alien crewmember the employer employs to perform unauthorized
longshore work.
Sec. 10119. Bringing in aliens excludable because of health
(a) Civil Penalty.--A person is liable to the Federal Government for
a civil penalty of $3,000 for each alien the person brings to the
United States in violation of section 7307(b) of this title.
(b) Prohibition on Compromise.--The Attorney General may not
compromise the amount of a civil penalty under this section.
Sec. 10120. Bringing in aliens not having passports and visas
(a) Civil Penalty.--If the Attorney General is satisfied that a
person has brought an alien to the United States in violation of
section 7307(a) of this title, the person is liable to the Federal
Government for a civil penalty of--
(1) $3,000 for each such alien; plus
(2) except for an alien admitted or allowed to land
temporarily, an amount equal to the amount the alien paid to be
transported from the initial port of departure, as shown on the
alien's ticket, to the port of arrival.
(b) Return of Amount to Alien.--The amount paid under subsection
(a)(2) of this section shall be paid to the alien brought in violation
of section 7307(a) of this title.
(c) Compromise and Waiver.--(1) The Attorney General may compromise
the amount of a civil penalty under this section only if the Attorney
General is satisfied that the person, before the vessel or aircraft
carrying the alien left the last port outside the United States, did
not know and could not have learned by reasonable diligence that the
individual transported was an alien required to have a passport and
visa.
(2) Under regulations the Attorney General prescribes, the Attorney
General may compromise or waive a civil penalty under this section if--
(A) the carrier demonstrates that it screened all passengers
on the vessel or aircraft under procedures the Attorney General
prescribed; or
(B) the Attorney General decides that circumstances exist
that justify the compromise or waiver.
(d) Nonapplication.--This section does not apply to a carrier or an
owner, agent, master, commanding officer, charterer, or consignee of a
vessel or aircraft relying on a visa or other documentation that has
been revoked unless reasonable notice of the revocation is received
before the alien leaves.
Sec. 10121. Assisting unlawful entry as alien crewmembers
(a) Civil Penalty.--A person, including the owner, agent, master,
commanding officer, or consignee of a vessel or aircraft arriving in
the United States, is liable to the Federal Government for a civil
penalty of not more than $10,000 for each alien whom the person--
(1) knowingly signs on the articles of the vessel, or brings
to the United States as a crewmember of the vessel or aircraft,
with intent to allow or assist the alien to enter or land in
the United States unlawfully; or
(2) knowingly and falsely represents to a consular officer
when the alien applies for a visa, or to an immigration officer
at the port of arrival in the United States, that the alien is
a crewmember.
(b) Lien on Vessel or Aircraft.--A vessel or aircraft referred to in
subsection (a) of this section is subject to a lien for the civil
penalty and may be seized. A civil action in rem may be brought against
the vessel or aircraft to collect the penalty.
Sec. 10122. Failure to prevent unauthorized landings
(a) Civil Penalty.--A person violating section 7305(a) of this title
is liable to the Federal Government for a civil penalty of $3,000 for
each violation, to be imposed by the Attorney General.
(b) Lien on Vessel or Aircraft.--The vessel or aircraft used in
transporting an alien landed in violation of this section is subject to
a lien for the civil penalty. A civil action in rem may be brought
against the vessel or aircraft to collect the penalty.
(c) Compromise.--The Attorney General may compromise the amount of a
civil penalty under this section.
Sec. 10123. Failure to remove alien stowaways
(a) Civil Penalty.--If the Attorney General is satisfied that a
person has failed to remove an alien stowaway as required by section
6718(b) of this title, the person is liable to the Federal Government
for a civil penalty of $5,000 for each alien stowaway not removed.
(b) Prohibition on Compromise.--The Attorney General may not
compromise the amount of a civil penalty under this section.
Sec. 10124. Failure to carry out certain orders related to removal
(a) Civil Penalty.--If the Attorney General is satisfied that a
person has violated section 6718 or 6719(b) or (c) of this title, the
person is liable to the Federal Government for a civil penalty of
$2,000 for each violation.
(b) Prohibition on Compromise.--The Attorney General may not
compromise the amount of a civil penalty under this section.
Sec. 10125. Document fraud
(a) Definitions.--In this section, ``falsely make'' means to prepare
at any time, or provide after September 29, 1996, an application or
document with knowledge or in reckless disregard of the fact that the
application or document--
(1) contains a false, fictitious, or fraudulent statement or
material representation;
(2) has no basis in law or fact; or
(3) otherwise fails to state a fact which is material to the
purpose for which it was submitted.
(b) Violations.--(1) A person or entity may not knowingly--
(A) forge, counterfeit, alter, or falsely make a document to
satisfy a requirement of this title or to obtain a benefit
under this title;
(B) use, attempt to use, possess, obtain, accept, receive, or
provide a forged, counterfeit, altered, or falsely made
document to satisfy a requirement of this title or to obtain a
benefit under this title;
(C) use, provide, or attempt to use or provide, a document
lawfully issued to or with respect to a person other than the
possessor (including a deceased individual), to satisfy a
requirement of this title or to obtain a benefit under this
title;
(D) accept, receive, or provide a document lawfully issued to
or with respect to a person other than the possessor (including
a deceased individual), to comply with section 11103 of this
title or to obtain a benefit under this title;
(E) prepare, file, or assist another in preparing or filing,
any application for benefits under this title, document
required under this title, or document submitted in connection
with the application or document, with knowledge or in reckless
disregard of the fact that the application or document was
falsely made or does not relate to the person on whose behalf
it was or is being submitted; or
(F)(i) present before boarding a common carrier for the
purpose of coming to the United States a document that relates
to the alien's eligibility to enter the United States; and
(ii) fail to present the document to an immigration officer
on arrival at a United States port of entry.
(2) This subsection does not apply to subchapter I of chapter 7,
chapter 47, subchapters II and III of chapter 131, chapters 133 and
135, section 13702, and chapter 151 of this title.
(c) Authority in Conducting Investigations and Hearings.--(1) In
conducting an investigation or hearing under this section--
(A) an immigration officer or administrative law judge shall
have reasonable access to examine evidence of a person or
entity being investigated;
(B) an administrative law judge may subpena, if necessary,
the attendance of witnesses and the production of evidence at
any designated place; and
(C) an immigration officer designated by the Commissioner of
Immigration and Naturalization may subpoena the attendance of
witnesses and the production of evidence at any designated
place prior to the filing of a complaint under subsection (d)
of this section.
(2) If a person or entity disobeys a subpena issued under this
subsection, an appropriate district court of the United States, on
application by the Attorney General, may issue an order to comply with
the subpena. The court may punish a failure to comply with the order of
the court as a contempt of court.
(d) Hearings.--(1) The Attorney General may issue an order referred
to in subsection (e) of this section against a person or entity for
violating subsection (b) of this section only after providing notice
and an opportunity for a hearing. A hearing must be requested within a
reasonable time (established by the Attorney General, but at least 30
days) after the date of the notice.
(2) If a timely request for a hearing is not made, the Attorney
General may issue an order referred to in subsection (e) of this
section without a hearing.
(3) If a timely request for a hearing is made, the hearing shall be
conducted by an administrative law judge as provided in section 554 of
title 5 at the nearest practicable place to the place where the person
or entity resides or the alleged violation occurred. If the judge finds
by a preponderance of the evidence that the person or entity has
violated subsection (b) of this section, the judge shall--
(A) state findings of fact; and
(B) issue and have served on the person or entity an order
referred to in subsection (e) of this section.
(e) Cease and Desist Orders.--(1) For a violation of subsection (b)
of this section, an order issued under this section shall require the
person or entity to cease and desist from the violation and to pay a
civil penalty of--
(A) at least $250, but not more than $2,000, for each
document that is the subject of a violation under subsection
(b) of this section; or
(B) at least $2,000, but not more than $5,000, for each
document that is the subject of a violation under subsection
(b) of this section, if the person or entity previously was
subject to an order under this subsection.
(2) Under paragraph (1) of this subsection, if the person or entity
is composed of distinct, physically separate subdivisions each of which
provides separately for the hiring, recruiting, or referring for
employment, without reference to the practices of, and not under
control of or common control with, another subdivision, each
subdivision is deemed a separate person or entity.
(f) Finality of Decisions and Orders.--(1) The decision and order of
an administrative law judge become the final agency decision and order
of the Attorney General unless--
(A)(i) within 30 days after the date of the decision and
order, an official delegated by regulation to exercise review
authority over the decision and order modifies or vacates the
decision and order; and
(ii) within 30 days after the date of being modified or
vacated, the decision and order are referred to the Attorney
General pursuant to regulations; or
(B) within 60 days after the date of decision and order (if
not modified or vacated), the decision and order are referred
to the Attorney General pursuant to regulations.
(2) If the decision and order are referred to the Attorney General
under paragraph (1) of this subsection, the decision and order of the
Attorney General become the final decision and order.
(g) Judicial Review.--(1) Except as provided in paragraph (2) of this
subsection, a person or entity adversely affected by a final order
under this section may file a petition for review of the order in the
court of appeals for the appropriate circuit within 45 days after the
date the final order is issued.
(2) An order of the Attorney General issued without a hearing as
provided in subsection (d)(2) of this section is not appealable.
(h) Enforcement of Order.--If a person or entity does not comply with
a final order issued under this section, the Attorney General shall
bring a civil action in an appropriate district court of the United
States to seek compliance with the order. The validity and
appropriateness of the order may not be reviewed in the action.
(i) Waiver of Penalty.--The Attorney General may waive the penalties
imposed under this section with respect to an alien who knowingly
violates subsection (b)(1)(F) of this section if the alien is granted
asylum under section 5106 of this title or withholding of removal under
section 6716(d) of this title.
(j) Investigative, Protective, and Intelligence Activities Not
Prohibited.--This section does not prohibit--
(1) any lawfully authorized investigative, protective, or
intelligence activity of a law enforcement agency of the United
States, a State, or a subdivision of a State or of an
intelligence agency of the United States; or
(2) any activity authorized under chapter 224 of title 18.
(k) Construction.--This section does not affect a penalty that may be
imposed for an activity prohibited under both this section and title
18.
Sec. 10126. Illegal entry
(a) General.--An alien apprehended while entering or attempting to
enter the United States after March 31, 1997, at a time or place not
designated by an immigration officer is liable to the Federal
Government for a civil penalty of--
(1) at least $50 and not more than $250 for each entry or
attempt; or
(2) twice the amount specified in clause (1) of this
subsection if the alien previously was liable to the Government
for a civil penalty under this section.
(b) Other Penalties Not Affected.--A civil penalty under this section
is in addition to any criminal or other civil penalty that may be
imposed.
Sec. 10127. Failure to depart
(a) Voluntarily.--An alien allowed to depart voluntarily under
section 6714(a) or (b) of this title who does not depart the United
States voluntarily within the time period specified is--
(1) liable to the Federal Government for a civil penalty of
at least $1,000 and not more than $5,000; and
(2) ineligible for 10 years for any further relief under
section 6714(a) or (b), 6721, 9101, 9102, 9104, or 9108 of this
title.
(b) Subject to Final Order of Deportation.--(1) An alien subject to a
final order of removal is liable to the Government for a civil penalty
of not more than $500 for each day after March 31, 1997, that the
alien--
(A) willfully fails or refuses to--
(i) depart from the United States under the order;
(ii) make timely application in good faith for travel
or other documents necessary for departure; or
(iii) present for removal at the time and place
required by the Attorney General; or
(B) conspires to, or takes any action designed to, prevent or
hamper the alien's departure under the order.
(2) Paragraph (1) of this subsection does not diminish or qualify any
penalties to which an alien may be subject for activities proscribed by
this title.
Sec. 10128. Improper use, publication, examination, or disclosure of
information
An individual who--
(1) knowingly uses information, publishes information, or
allows information to be examined in violation of section
9308(b) of this title is liable to the Federal Government for a
civil penalty of not more than $10,000; and
(2) willfully uses information, publishes information, or
allows information to be disclosed in violation of section 366
of this title is--
(A) subject to appropriate disciplinary action; and
(B) liable to the Government for a civil penalty of
not more than $5,000 for each violation.
Sec. 10129. Information dissemination by international matchmaking
organization
(a) Findings.--Congress finds the following:
(1) There is a substantial mail-order bride business in the
United States. With approximately 200 companies in the United
States, an estimated 2,000 to 3,500 men in the United States
find wives through mail-order bride catalogs each year.
However, there are no official statistics available on the
number of mail-order brides entering the United States each
year.
(2) The companies engaged in the mail-order bride business
earn substantial profits.
(3) Although many of these mail-order marriages work out, in
many other cases, anecdotal evidence suggests that mail-order
brides find themselves in abusive relationships. There is also
evidence to suggest that a substantial number of mail-order
marriages are fraudulent under the laws of the United States.
(4) Many mail-order brides come to the United States unaware
or ignorant of United States immigration law. Mail-order brides
who are battered often think that if they flee an abusive
marriage, they will be deported. Often the citizen spouse
threatens to have them deported if they report the abuse.
(5) The Immigration and Naturalization Service estimates that
the rate of marriage fraud between foreign nationals and United
States citizens or aliens lawfully admitted for permanent
residence is 8 percent. It is unclear what percentage of these
marriage fraud cases originate as mail-order marriages.
(b) Definitions.--In this section--
(1) ``international matchmaking organization''--
(A) means a legal entity, whether or not organized
under the laws of the United States or any State, that
does business in the United States and for profit
offers to United States citizens or aliens lawfully
admitted for permanent residence, dating, matrimonial,
or social referral services to nonresident noncitizens,
by--
(i) an exchange of names, telephone numbers,
addresses, or statistics;
(ii) selection of photographs; or
(iii) a social environment provided by the
organization in a country other than the United
States; but
(B) does not include a traditional matchmaking
organization of a religious nature that otherwise
complies with the laws of the countries of the recruits
of the organization and the laws of the United States.
(2) ``recruit'' means a noncitizen, nonresident person
recruited by the international matchmaking organization to
provide dating, matrimonial, or social referral services to
United States citizens or aliens lawfully admitted for
permanent residence.
(c) Dissemination of Information.--(1) Each international matchmaking
organization doing business in the United States shall disseminate to
recruits, when recruited, immigration and naturalization information
that the Service considers appropriate, including information on--
(A) conditional permanent residence status and the battered
spouse waiver under that status;
(B) permanent resident status;
(C) marriage fraud penalties;
(D) the unregulated nature of the business engaged in by
those organizations; and
(E) the study required under section 652(c) of the Illegal
Immigration Reform and Immigrant Responsibility Act of 1996
(Public Law 104-208, div. C, 110 Stat. 3009-712).
(2) The information shall be disseminated in the recruit's native
language.
(d) Civil Penalty.--(1) An international matchmaking organization
that the Attorney General decides has violated subsection (c) of this
section is liable to the Federal Government for a civil penalty of not
more than $20,000 for each violation.
(2) A penalty under paragraph (1) of this subsection--
(A) may be imposed only after notice and an opportunity for
an agency hearing on the record in accordance with sections
554-557 of title 5; and
(B) is in addition to any other penalties that may be
prescribed by law.
Sec. 10130. Clearing vessels and aircraft
(a) Clearance Before Decision on Liability.--A vessel or aircraft may
be granted clearance before a decision on liability is made under--
(1) section 10113-10117, 10119, or 10120 of this title only
if a bond approved by the Attorney General or an amount
sufficient to pay the civil penalty is deposited; and
(2) section 10112, 10123, or 10124 of this title only if a
bond approved by the Attorney General or an amount sufficient
to pay the civil penalty is deposited with the Commissioner of
Immigration and Naturalization.
(b) Prohibition on Clearance When Penalty Unpaid.--A vessel or
aircraft may not be granted clearance if a civil penalty imposed under
section 10112-10117, 10119, 10120, 10123, or 10124 of this title is not
paid.
SUBCHAPTER III--CRIMINAL PENALTIES
Sec. 10141. Violating period of conditional landing permit
An alien crewmember willfully remaining in the United States after
the period allowed by a conditional permit issued under section 2703(b)
of this title shall be fined under title 18, imprisoned for not more
than 6 months, or both.
Sec. 10142. Failure to register and be fingerprinted
An alien required to apply for registration and to be fingerprinted
in the United States and willfully failing to apply or to be
fingerprinted, and a parent or legal guardian required to apply for the
registration of an alien and willfully failing to apply, shall be fined
under title 18, imprisoned for not more than 6 months, or both.
Sec. 10143. Failure to carry a certificate of alien registration or
alien registration receipt card
An alien violating section 8103(b) of this title shall be fined under
title 18, imprisoned for not more than 30 days, or both.
Sec. 10144. Failure to provide addresses
An individual violating section 8104 of this title shall be fined
under title 18, imprisoned for not more than 30 days, or both.
Sec. 10145. False and fraudulent registration
An alien, or a parent or legal guardian of an alien, who files an
application for registration knowing that the application contains a
false statement, or who registers or attempts to register himself,
herself, or another individual through fraud, shall be fined under
title 18, imprisoned for not more than 6 months, or both.
Sec. 10146. Counterfeiting alien registration documents
A person that with unlawful intent makes an engraving, photograph,
print, impression, or imitation of a certificate of alien registration
or an alien registration receipt card, except when authorized under
regulations prescribed by the Attorney General, shall be fined under
title 18, imprisoned for not more than 5 years, or both.
Sec. 10147. Bringing in and harboring aliens
(a) Criminal Penalties.--(1)(A) A person shall be punished as
provided in subparagraph (B) of this paragraph if the person--
(i) knowing an individual is an alien, brings or attempts to
bring the individual to the United States at a place not
designated as a port of entry or not designated by the
Commissioner of Immigration and Naturalization, even if the
alien has received prior authorization to come to, enter, or
reside in the United States, and regardless of any future
official action that may be taken with respect to the alien;
(ii) knowing, or in reckless disregard of whether, an alien
has come to, has entered, or remains in the United States in
violation of law, transports or moves, or attempts to transport
or move, the alien within the United States in furtherance of
that violation;
(iii) knowing, or in reckless disregard of whether, an alien
has come to, has entered, or remains in the United States in
violation of law, conceals, harbors, or shields from detection,
or attempts to conceal, harbor, or shield from detection, the
alien;
(iv) encourages or induces an alien to come to, enter, or
reside in the United States, knowing, or in reckless disregard
of whether, the coming, entering, or residing is unlawful;
(v) engages in any conspiracy to commit any of the acts
described in clauses (i)-(iv); or
(vi) aids or abets the commission of any of the acts
described in clauses (i)-(iv).
(B) For each alien with respect to whom a violation of subparagraph
(A) of this paragraph occurs, the person committing the violation--
(i) for a violation of subparagraph (A)(i) or (v), or for a
violation of subparagraph (A)(ii), (iii), or (iv) in which the
offense was done for commercial advantage or private financial
gain, shall be fined under title 18, imprisoned for not more
than 10 years, or both;
(ii) for a violation of subparagraph (A)(ii), (iii), (iv), or
(vi), shall be fined under title 18, imprisoned for not more
than 5 years, or both;
(iii) for a violation of subparagraph (A)(i), (ii), (iii),
(iv), (v), or (vi) during and in relation to which the person
causes serious bodily injury (as defined in section 1365 of
title 18) to, or places in jeopardy the life of, any person,
shall be fined under title 18, imprisoned for not more than 20
years, or both; and
(iv) for a violation of subparagraph (A)(i), (ii), (iii),
(iv), (v), or (vi) resulting in death, shall be imprisoned for
any term of years or for life or punished by death, fined under
title 18, or both.
(2)(A) A person shall be punished as provided in subparagraph (B) of
this paragraph if the person, knowing or in reckless disregard of
whether an alien has not received prior authorization to come to,
enter, or reside in the United States, brings or attempts to bring the
alien to the United States, regardless of any future official action
that may be taken with respect to the alien.
(B) For each alien in respect of whom a violation of subparagraph (A)
of this paragraph occurs, the person committing the violation shall be
fined under title 18, imprisoned for not more than one year, or both,
except that if the violation is--
(i) a first or 2d violation done for commercial advantage or
private financial gain or committed with the intent or with
reason to believe that the alien unlawfully brought into the
United States will commit an offense against the Federal
Government or any State punishable by imprisonment for more
than 1 year, the person shall be fined under title 18 and
imprisoned for not less than 3 nor more than 10 years;
(ii) a first or 2d violation in which the alien is not
brought and presented to an immigration officer at a designated
port of entry immediately on arrival, the person shall be fined
under title 18 and imprisoned for not more than 10 years; or
(iii) any other violation described in clause (i) or (ii) of
this subparagraph, fined under title 18 and imprisoned for not
less than 5 nor more than 15 years.
(3) A person shall be fined under title 18, imprisoned for not more
than 5 years, or both, if the person, during any 12-month period,
knowingly hires for employment at least 10 individuals with actual
knowledge that the individuals--
(A) are unauthorized aliens (as defined in section 11101 of
this title); and
(B) have been brought into the United States in violation of
this subsection.
(b) Seizure and Forfeiture of Conveyance.--(1) A conveyance used in
violating subsection (a) of this section shall be seized and may be
forfeited. However, a conveyance--
(A) used by a person as a common carrier in carrying out
common carrier business may be forfeited only if the owner or
person in charge of the conveyance consented to, or was privy
to, the violation; and
(B) may not be forfeited if the owner establishes that
another person committed the violation when the conveyance was
in the possession of another person in violation of the
criminal laws of the United States or of a State.
(2) A conveyance may be seized under this section without a warrant
if there is probable cause to believe it has been or is being used in
violating subsection (a) of this section and circumstances exist in
which a warrant is not required constitutionally.
(c) Disposition of Forfeited Conveyance.--When a conveyance is
forfeited under this section, the Attorney General may--
(1) keep the conveyance for official use;
(2) sell the conveyance and shall use the proceeds to pay the
expenses of the proceedings for forfeiture and sale, including
seizure, maintenance of custody, advertising, and court costs;
(3) require the Administrator of General Services, or the
Administrator of the Maritime Administration if appropriate
under section 203(i) of the Federal Property and Administrative
Services Act of 1949 (40 U.S.C. 484(i)), to take custody of the
conveyance and dispose of it under law; or
(4) dispose of the conveyance under a compromise made by the
Attorney General.
(d) Proof in Forfeiture Action.--In a civil action brought to forfeit
a conveyance seized under this section, a person claiming the
conveyance has the burden of proof. However, the Attorney General first
must show probable cause in bringing the action. In deciding whether
probable cause exists, each of the following is prima facie evidence
that an alien involved in an alleged violation had not received prior
authorization to come to, enter, or reside in the United States or had
come to, entered, or remained in the United States unlawfully:
(1) A record of a judicial or administrative proceeding in
which the alien's status was an issue and in which it was
decided that the alien had not received prior authorization to
come to, enter, or reside in the United States or had come to,
entered, or remained in the United States unlawfully.
(2) Official records of the Immigration and Naturalization
Service or the Department of State showing that the alien had
not received prior authorization to come to, enter, or reside
in the United States or had come to, entered, or remained in
the United States unlawfully.
(3) Testimony by an immigration officer, having personal
knowledge about the alien's status, that the alien had not
received prior authorization to come to, enter, or reside in
the United States or had come to, entered, or remained in the
United States unlawfully.
(e) Admissibility of Videotaped Testimony.--Notwithstanding the
Federal Rules of Evidence (28 App. U.S.C.), the videotaped (or
otherwise audiovisually preserved) deposition of a witness to a
violation of subsection (a) of this section who has been deported or
otherwise expelled from the United States, or who otherwise is unable
to testify, may be admitted into evidence in an action brought for that
violation if the witness was available for cross examination and the
deposition otherwise complies with the Federal Rules of Evidence.
(f) Application of Laws Related to Seizures and Forfeitures for
Violating Customs Laws.--Laws related to the seizure, forfeiture, and
condemnation of property for violating the customs laws, disposition of
the property or the proceeds of sale of the property, compromise of the
forfeiture or a related claim, and award of compensation to an informer
because of the forfeiture apply to a seizure or forfeiture under this
section if not inconsistent with this section. However, duties and
powers of persons in seizing and forfeiting property under the customs
laws shall be carried out by persons the Attorney General authorizes to
conduct a seizure or forfeiture under this section.
(g) Individuals Authorized To Make Arrests.--Only officers and
employees of the Service designated by the Attorney General,
individually or by class, and all other officers and employees who
enforce criminal laws, may make arrests for a violation of this
section.
Sec. 10148. Improper entry of aliens
(a) Criminal Offenses.--An alien shall be punished as provided in
subsection (b) of this section if the alien--
(1) enters or attempts to enter the United States--
(A) at a time or place not designated by an
immigration officer; or
(B) by a willfully false or misleading representation
or the willful concealment of a material fact; or
(2) eludes inspection or examination by an immigration
officer.
(b) Criminal Penalties.--An alien violating subsection (a) of this
section shall be--
(1) fined under title 18, imprisoned for not more than 6
months, or both, for a first violation; and
(2) fined under title 18, imprisoned for not more than 2
years, or both, for a subsequent violation.
(c) Venue.--A proceeding under this section may be brought in any
judicial district in which the violation occurs or in which the alien
is apprehended.
Sec. 10149. Reentry of removed aliens
(a) Criminal Penalty.--(1) Except as otherwise provided in this
section, an alien who has been denied admission, excluded, deported, or
removed, or who has departed the United States while an exclusion,
deportation, or removal order is outstanding and then enters, attempts
to enter, or is found in the United States shall be fined under title
18, imprisoned for not more than 2 years, or both.
(2)(A) In subparagraphs (B)-(E) of this paragraph, ``removal''
includes an agreement in which an alien stipulates to removal at any
time.
(B) If the alien's removal followed conviction of at least 3
misdemeanors involving drugs, crimes against the person, or both, or a
felony (except an aggravated felony) and the alien enters, attempts to
enter, or is found in the United States after November 17, 1988, the
alien shall be fined under title 18, imprisoned for not more than 10
years, or both.
(C) If the alien's removal followed conviction of an aggravated
felony and the alien enters, attempts to enter, or is found in the
United States after November 17, 1988, the alien shall be fined under
title 18, imprisoned for not more than 20 years, or both.
(D) If the alien has been removed from the United States under
section 6107 of this title because the alien was inadmissible under
section 6310(b) of this title or has been removed from the United
States under chapter 69 of this title, and then, without the permission
of the Attorney General, enters or attempts to enter the United States,
the alien shall be fined under title 18 and imprisoned for 10 years.
The sentence under this subparagraph may not run concurrently with any
other sentence.
(E) If the alien has been removed from the United States under
section 6715(d)(2) of this title and then, without the permission of
the Attorney General, enters, attempts to enter, or is at any time
found in, the United States (unless the Attorney General expressly has
consented to the alien's reentry), the alien shall be fined under title
18, imprisoned for not more than 10 years, or both.
(b) Completion of Sentence of Imprisonment.--An alien removed under
section 6715(d)(2) of this title who enters, attempts to enter, or is
at any time found in, the United States (unless the Attorney General
expressly has consented to the alien's reentry) shall be incarcerated
for the remainder of the sentence of imprisonment that was pending at
the time of removal without any reduction for parole or supervised
release. The alien is subject to all other penalties related to the
reentry of aliens who have been removed.
(c) Nonapplication.--Subsection (a) of this section does not apply to
an alien--
(1) when the Attorney General specifically consents to the
alien's reapplying for admission before the alien--
(A) reboards at a place outside the United States; or
(B) applies for admission from a foreign territory
contiguous to the United States; or
(2) previously denied admission and removed who establishes
that prior consent by the Attorney General is not required
under this title or other prior law.
(d) Venue.--A proceeding under this section may be brought in any
judicial district in which the violation occurs or in which the alien
is apprehended.
(e) Challenge to Validity of Order.--In a proceeding under this
section begun after April 24, 1996, an alien may not challenge the
validity of the order described in subsection (a) of this section
unless the alien demonstrates that--
(1) the alien exhausted any administrative remedies that may
have been available to seek relief against the order;
(2) the proceeding at which the order was issued improperly
deprived the alien of the opportunity for judicial review; and
(3) the entry of the order fundamentally was unfair.
Sec. 10150. Assisting certain excludable aliens to enter the United
States
A person knowingly assisting or conspiring to assist an alien to
enter the United States shall be fined under title 18, imprisoned for
not more than 10 years, or both, if--
(1) the alien is inadmissible under section 6309(a)(1)-(5) or
(7) of this title because of a conviction for an aggravated
felony and the assistance occurred after November 17, 1988; or
(2) the alien is inadmissible under section 6310 of this
title.
Sec. 10151. Importing aliens for immoral purposes
(a) Criminal Penalty.--A person shall be fined under title 18,
imprisoned for not more than 10 years, or both, if the person--
(1) imports or attempts to import an alien into the United
States for prostitution or another immoral purpose; or
(2) holds, attempts to hold, maintains, controls, supports,
employs, or harbors an alien in furthering an importation
violating clause (1) of this subsection.
(b) Venue.--A proceeding under this section may be brought in any
judicial district into which the alien is brought in violation of this
section or in which a violation of this section occurs.
(c) Testimony of Spouse.--Testimony of a spouse is admissible and is
competent evidence in a proceeding under this section.
Sec. 10152. Failure to depart
(a) Criminal Offenses.--An alien against whom the Attorney General
has issued a final order of removal because of any ground described in
chapter 65 of this title shall be punished as provided in subsection
(c) of this section if the alien--
(1) willfully does not--
(A) leave the United States within the 90-day period
that begins on--
(i) the date of the Attorney General's final
order; or
(ii) if judicial review occurs, the date of
the court's final order.
(B) apply timely in good faith for a document the
alien needs to leave the United States; or
(C) appear for removal at the time and place the
Attorney General requires under the order of removal;
or
(2) takes an action to prevent or hamper, or conspires to
prevent or hamper, the alien from leaving the United States
under the removal order.
(b) Attempted Relief Not Prohibited.--Subsection (a) of this section
does not prohibit an alien from trying to obtain--
(1) a cancellation of the removal order;
(2) an exemption from the removal order; or
(3) a release from incarceration or custody.
(c) Criminal Penalties.--An alien violating subsection (a) of this
section shall be fined under title 18, imprisoned for not more than 4
years, or both. However, if the alien is deportable because of a ground
described in section 6505, 6506(a), (b), (c), (d), or (f), 6507(a),
(b)(1), (2), (3), or (5), (c), or (d), 6508, or 6509 of this title, the
alien shall be fined under title 18, imprisoned for not more than 10
years, or both.
(d) Suspension of Sentence and Release.--(1) For good cause, the
court sentencing an alien convicted of violating subsection (a) of this
section may suspend the sentence and order the alien released on
conditions the court prescribes.
(2) In deciding whether good cause exists for releasing an alien
under paragraph (1) of this subsection, the court shall consider
factors such as--
(A) the age, health, and period of detention of the alien;
(B) the effect of the alien's release on the security of the
United States and public peace or safety;
(C) the likelihood that the alien will resume or follow a
course of conduct that made or would make the alien deportable;
(D) efforts the alien or a representative of a country to
which the alien is ordered removed makes to expedite the
alien's leaving the United States;
(E) the reason why the Federal Government cannot obtain a
passport or other travel document or removal facilities from a
country to which the alien is ordered removed; and
(F) the eligibility of the alien for discretionary release
under the immigration laws.
Sec. 10153. Marriage to evade immigration laws
(a) Criminal Penalty.--An individual who knowingly marries to evade
the immigration laws shall be fined under title 18, imprisoned for not
more than 5 years, or both.
(b) Venue.--A proceeding under this section may be brought in any
judicial district in which the violation occurs or in which the
individual is apprehended.
Sec. 10154. Misrepresentations in applications for adjustment of status
An individual knowingly and willfully making a material
misrepresentation in an application or supporting document filed under
section 9302 or 9304 of this title, or making or using a false document
in connection with the application, shall be fined under title 18,
imprisoned for not more than 5 years, or both.
Sec. 10155. Establishing a commercial enterprise to evade immigration
laws
(a) Criminal Penalty.--An individual who knowingly establishes a
commercial enterprise to evade the immigration laws shall be fined
under title 18, imprisoned for not more than 5 years, or both.
(b) Venue.--A proceeding under this section may be brought in any
judicial district in which the violation occurs or in which the
individual is apprehended.
Sec. 10156. Failure to disclose role as preparer of false application
for immigration benefits
(a) Definition.--In this section, ``falsely make'' means to prepare
at any time, or provide after September 29, 1996, an application or
document with knowledge or in reckless disregard of the fact that the
application or document--
(1) contains a false, fictitious, or fraudulent statement or
material representation;
(2) has no basis in law or fact; or
(3) otherwise fails to state a fact which is material to the
purpose for which it was submitted.
(b) First Violation.--In any matter within the jurisdiction of the
Immigration and Naturalization Service, an individual who knowingly and
willfully does not disclose, conceals, or covers up the fact that the
individual, for any person and for a fee or other remuneration, has
prepared or assisted in preparing an application for immigration
benefits which was falsely made shall be--
(1) fined under title 18, imprisoned for not more than 5
years, or both; and
(2) prohibited from preparing or assisting in preparing,
whether or not for a fee or other remuneration, another similar
application.
(c) Subsequent Violations.--An individual convicted of violating
subsection (b) of this section who knowingly and willfully prepares or
assists in preparing an application for immigration benefits under this
title (except subchapter I of chapter 7, chapter 47, subchapters II and
III of chapter 131, and chapters 133 and 135), or regulations
prescribed under this title (except any of those provisions), whether
or not for a fee or other remuneration and regardless of whether in any
matter within the jurisdiction of the Service, shall be--
(1) fined under title 18, imprisoned for not more than 15
years, or both; and
(2) prohibited from preparing or assisting in preparing
another similar application.
Sec. 10157. Failure to comply with terms of release under supervision
An alien who willfully does not comply with a regulation prescribed
or requirement issued under section 6715(c) of this title or who
knowingly gives false information in response to an inquiry under
section 6715(c) shall be fined under title 18, imprisoned for not more
than one year, or both.
SUBTITLE III--UNLAWFUL EMPLOYMENT PRACTICES
Chapter Sec.
UNLAWFUL EMPLOYMENT OF ALIENS......................................11101
IMMIGRATION-RELATED UNFAIR EMPLOYMENT PRACTICES....................11301
CHAPTER 111--UNLAWFUL EMPLOYMENT OF ALIENS
Sec.
11101. Definitions.
11102. Employment of unauthorized aliens.
11103. Employment verification system.
11104. Evaluating and changing employment verification system.
11105. Compliance.
11106. Criminal penalties and civil actions for pattern or practice
violations.
11107. Indemnity prohibition.
11108. Conspicuous statement requirement.
11109. Preemption of state and local law.
Sec. 11101. Definitions
In this chapter--
(1) ``entity'' includes a federal department, agency, or
instrumentality.
(2) ``unauthorized alien'' means, with respect to employment
at a particular time, an alien who is not at that time--
(A) lawfully admitted for permanent residence; or
(B) authorized to be employed in that employment by
this title or by the Attorney General.
Sec. 11102. Employment of unauthorized aliens
(a) Prohibitions.--(1) A person or other entity--
(A) may not hire, or recruit or refer for a fee, for
employment in the United States an alien knowing the alien is
an unauthorized alien;
(B) may not hire for employment in the United States an
individual without complying with section 11103 of this title;
or
(C) if the person or entity is an agricultural association,
agricultural employer, or farm labor contractor (as defined in
section 3 of the Migrant and Seasonal Agricultural Worker
Protection Act (29 U.S.C. 1802)), may not recruit or refer for
a fee for employment in the United States an individual without
complying with section 11103 of this title.
(2) A person or other entity may not continue to employ in the United
States an alien knowing the alien is an unauthorized alien.
(b) Use of Labor Through Contract.--A person or other entity violates
subsection (a)(1)(A) of this section if the person uses a contract,
subcontract, or exchange that is made, renegotiated, or extended after
November 6, 1986, to obtain the labor of an alien in the United States,
knowing the alien is an unauthorized alien.
(c) Defense.--Good faith compliance with section 11103 of this title
is an affirmative defense under subsection (a)(1)(A) of this section.
(d) State Employment Agency Documentation.--For purposes of
subsections (a)(1)(B) and (C) and (c) of this section, a person or
other entity hiring an individual referred by a State employment agency
(as defined by the Attorney General) is deemed to have complied with
section 11103 of this title if the person or entity has and retains
(for the period and in the way described in section 11103(c))
appropriate documentation of the referral certifying that the agency
complied with section 11103 for that individual.
(e) Treatment of Documentation for Certain Employees.--(1) For
purposes of this section, an employer that is a member of an
association of at least 2 employers is deemed to have complied with the
requirements of section 11103 of this title with respect to the hiring
of an employee and is not liable for civil penalties described in
section 11105(e) of this title if--
(A) the individual hired is a member of a collective-
bargaining unit and was employed, under a collective bargaining
agreement between at least one employee organization and the
association, by an employer that is a member of the
association; and
(B) the prior employer (or an agent of the association for
the employer) complied with the requirements of section 11103
of this title with respect to the employment of the individual,
within the lesser of 3 years or the period of time that the
individual is authorized to be employed in the United States.
(2)(A) For purposes of subsection (a)(1)(A) of this section, a member
of an association that hires for employment in the United States an
individual who is an alien not authorized to work in the United States
and that relies on paragraph (1) of this subsection to comply with the
requirements of section 11103 of this title is presumed to have known
at the time of hiring or afterward that the individual was an alien not
authorized to work in the United States.
(B) The presumption may be rebutted by the employer only by
presenting clear and convincing evidence that the employer did not know
(and reasonably could not have known) that the individual at the time
of hiring or afterward was an alien not authorized to work in the
United States.
(C) Subparagraph (A) of this paragraph does not apply in a
prosecution under section 11106(a) of this title.
(f) Nonapplication.--(1) Subsection (a)(1) of this section does not
apply to hiring, recruiting, or referring that occurred before November
6, 1986.
(2) Subsection (a)(2) of this section does not apply to continuing
employment of an alien hired before November 6, 1986.
Sec. 11103. Employment verification system
(a) Attestation After Examining Documents.--(1) A person or other
entity hiring, or recruiting or referring for a fee, an individual for
employment in the United States must attest, under penalty of perjury
and on a form the Attorney General prescribes by regulation, that the
person or entity has verified that the individual is not an
unauthorized alien by examining--
(A) a document specified in paragraph (3) of this subsection;
or
(B)(i) a document specified in paragraph (4) of this
subsection; and
(ii) a document specified in paragraph (5) of this
subsection.
(2) A person or other entity has examined a document as required by
paragraph (1) of this subsection if the person or entity has found that
the document reasonably appears on its face to be genuine. The person
or entity is not required to request, and the individual is not
required to provide, another document if the individual has provided a
document or combination of documents complying with paragraph (1) that
reasonably appear on their face to be genuine.
(3) A document required under paragraph (1)(A) of this subsection is
an individual's--
(A) United States passport; or
(B) resident alien card, alien registration card, or other
document the Attorney General designates if the document--
(i) contains the individual's photograph and other
identifying information the Attorney General prescribes
by regulation as acceptable;
(ii) is evidence of authorization of employment in
the United States; and
(iii) contains security features to make it resistant
to tampering, counterfeiting, and fraudulent use.
(4) A document required under paragraph (1)(B)(i) of this subsection
is an individual's--
(A) social security account number card (unless it states on
its face that issuance of the card does not authorize
employment in the United States); or
(B) other documentation providing authorization of employment
in the United States that the Attorney General prescribes by
regulation as acceptable.
(5) A document required under paragraph (1)(B)(ii) of this subsection
is an individual's--
(A) driver's license or similar document issued for
identification by a State, if it contains the individual's
photograph or other identifying information the Attorney
General prescribes by regulation as acceptable; or
(B) for an individual less than 16 years of age or in a State
that does not issue an identification document other than a
driver's license, documentation of personal identity that the
Attorney General prescribes by regulation as providing a
reliable means of identification.
(6) If the Attorney General finds, by regulation, that any document
described in paragraph (3), (4), or (5) of this subsection as
establishing employment authorization or identity does not reliably
establish the authorization or identity or is being used fraudulently
to an unacceptable degree, the Attorney General may prohibit or place
conditions on its use for purposes of this section.
(b) Individual Attestation of Employment Authorization.--The
individual must attest, under penalty of perjury and on the form
prescribed under subsection (a) of this section, that the individual
is--
(1) a national of the United States;
(2) an alien lawfully admitted for permanent residence; or
(3) an alien authorized by this title or by the Attorney
General to be hired, recruited, or referred for the employment.
(c) Retention of Verification Form.--After the form is completed as
provided in subsections (a) and (b) of this section, the person or
entity must retain the form and make it available for inspection by
officers and employees of the Immigration and Naturalization Service,
the Special Counsel for Immigration-Related Unfair Employment
Practices, or the Secretary of Labor during a period beginning on the
date of the hiring, recruiting, or referral and ending--
(1) if the individual is recruited or referred for a fee but
not hired, 3 years after the date of the recruiting or
referral; or
(2) if the individual is hired, 3 years after the date of
hire or one year after the date the employment ends, whichever
is later.
(d) Copying Documentation.--A person or other entity may copy a
document presented by an individual under this section and retain the
copy, but only (except as otherwise permitted by law) to comply with
this section.
(e) Good Faith Compliance.--(1) Except as provided in paragraph (2)
of this subsection, a person or other entity is deemed to have complied
with a requirement of this section (notwithstanding a technical or
procedural failure to meet the requirement that occurred after
September 29, 1996) if there was a good faith attempt to comply with
the requirement.
(2) Paragraph (1) of this subsection does not apply--
(A) if--
(i) the Service (or another enforcement agency) has
explained to the person or entity the basis for the
failure;
(ii) the person or entity has been provided at least
10 business days (beginning after the date of the
explanation) to correct the failure; and
(iii) the person or entity has not corrected the
failure voluntarily within that time; or
(B) to a person or other entity that has engaged or is
engaging in a pattern or practice of violations of section
11102(a)(1)(A) or (2) of this title.
(f) Limitation on Use of Forms.--A form completed under this section,
and information contained in or appended to the form, may be used only
to enforce this title and sections 1001, 1028, 1546, and 1621 of title
18.
(g) National Identification Card Not Authorized.--This chapter does
not authorize the establishment, issuance, or use of a national
identification card.
Sec. 11104. Evaluating and changing employment verification system
(a) Definition.--In this section, ``major change'' means a change
that would--
(1) require an individual to present a new card or other
document (designed specifically to verify identity, employment
eligibility, or both) at the time of hiring, recruitment, or
referral;
(2) provide for a telephone verification system under which--
(A) an employer, recruiter, or referrer must give an
officer or employee of the Federal Government
information about the immigration status of a
prospective employee; and
(B) the officer or employee of the Government gives
the employer, recruiter, or referrer a verification
code that the employer, recruiter, or referrer must
record; or
(3) require a change in a card used for accounting under the
Social Security Act (42 U.S.C 301 et seq.), including a change
requiring that the only social security account number card
that may be presented to comply with section 11103(a)(4)(A) of
this title is a card in a counterfeit-resistant form consistent
with section 205(c)(2)(G) (last sentence) of the Social
Security Act (42 U.S.C. 405(c)(2)(G) (last sentence)).
(b) Presidential Monitoring and Improvements.--(1) The President
shall--
(A) provide for monitoring and evaluating the degree to which
the employment verification system under section 11103 of this
title provides a secure system to verify employment eligibility
in the United States; and
(B) examine the suitability of using existing federal and
state identification systems to verify employment eligibility
in the United States.
(2) To the extent the President finds the system is not a secure
system to verify employment eligibility in the United States, the
President shall make changes in and additions to the system necessary
to establish a secure system to verify employment eligibility in the
United States--
(A) subject to subsections (c)-(f) of this section; and
(B) after considering the results of any demonstration
project conducted under subsection (g) of this section.
(c) Change Requirements.--A change proposed by the President under
subsection (b) of this section must be designed so that the system, as
changed, will meet the following requirements:
(1) The system must be able to verify reliably whether--
(A) an individual with the identity claimed by an
employee or prospective employee is eligible to work;
and
(B) the employee or prospective employee is claiming
the identity of another individual.
(2) If the system requires that a document be presented to or
examined by an employer, the document must be in a form
resistant to counterfeiting and tampering.
(3) Personal information used by the system may be made
available only to the extent necessary to verify that an
individual is not an unauthorized alien.
(4) The system must protect the privacy and security of
personal information and identifiers used in the system.
(5) A verification that an individual is eligible to be
employed in the United States may be withheld or revoked only
if the individual is an unauthorized alien.
(6) The system may not be used for law enforcement, except to
enforce this title and sections 1001, 1028, 1546, and 1621 of
title 18.
(7) If the system requires an individual to present a new
card or other document (designed specifically to verify
employment eligibility) at the time of hiring, recruitment, or
referral, the document may not be required to be presented for
another purpose (other than under this title (except subchapter
I of chapter 7, chapter 47, subchapters II and III of chapter
131, and chapters 133 and 135) or for enforcement of sections
1001, 1028, 1546, and 1621 of title 18) or to be carried on the
individual.
(d) Notices to Congress Before Making Changes.--(1) Before
implementing a change, the President must submit a written report of
the proposed change to the Committees on the Judiciary of the Senate
and the House of Representatives. If the President proposes a change
affecting social security account number cards, the President also
shall submit the report to the Committee on Finance of the Senate and
the Committee on Ways and Means of the House of Representatives. A
report under this paragraph shall include recommendations for civil and
criminal penalties for unauthorized use or disclosure of the
information or identifiers used in the system. The report shall be
submitted at least--
(A) 60 days before the date the change is to be implemented
if the change is not a major change;
(B) one year before the date the change is to be implemented
if the change is a major change as defined in subsection (a)(3)
of this section; or
(C) 2 years before the date the change is to be implemented
if the change is a major change as defined in subsection (a)(1)
or (2) of this section.
(2) The President shall publish promptly in the Federal Register the
substance of a major change reported to Congress under this subsection.
(e) Congressional Review of Major Changes.--(1) The Committees on the
Judiciary of the Senate and the House of Representatives shall--
(A) publish in the Congressional Record the substance of a
major change submitted by the President under subsection (d) of
this section;
(B) hold hearings on the feasibility and desirability of the
change; and
(C) within the 2-year period before the change is to be
implemented, report to their respective Houses findings on
whether the change should be made.
(2) A major change may be implemented only if an amount is
appropriated by law specifically to implement the change.
(f) Payment of Costs.--Costs incurred under this section in
developing and implementing a change described in subsection (a)(3) of
this section may not be paid out of a trust fund established under the
Social Security Act (42 U.S.C. 301 et seq.).
(g) Demonstration Projects.--The President may undertake
demonstration projects consistent with subsection (c) of this section
of different changes in the system. A project may not be for more than
5 years. The President shall report to Congress on the results of each
project conducted under this subsection.
Sec. 11105. Compliance
(a) Complaints and Investigations.--The Attorney General shall
establish procedures for--
(1) an individual or entity to file a written, signed
complaint of a violation of section 11102(a) or 11107(a) of
this title;
(2) investigating a complaint that, on its face, has a
substantial probability of validity;
(3) investigating other violations of section 11102(a) or
11107(a) of this title that the Attorney General considers
appropriate; and
(4) designating a unit in the Immigration and Naturalization
Service that has, as its primary duty, the prosecution under
this section of violations of section 11102(a) or 11107(a) of
this title.
(b) Authority in Conducting Investigations and Hearings.--(1) In
conducting an investigation or hearing under this section--
(A) the immigration officer or administrative law judge
conducting the investigation or hearing shall have reasonable
access to examine evidence of a person or other entity being
investigated;
(B) the administrative law judge may subpena, if necessary,
the attendance of witnesses and the production of evidence at
any designated place; and
(C) an immigration officer the Commissioner of Immigration
and Naturalization designates may subpoena the attendance of
witnesses and the production of evidence at any designated
place before a complaint is filed under paragraph (2) of this
subsection.
(2) If a person or other entity disobeys a subpena issued under this
subsection, an appropriate district court of the United States, on
application by the Attorney General, may issue an order to comply with
the subpena. The court may punish a failure to comply with the order of
the court as a contempt of court.
(c) Hearings.--(1) The Attorney General may issue an order referred
to in subsections (d)-(f) of this section against a person or other
entity for violating section 11102(a) or 11107(a) of this title only
after providing notice and an opportunity for a hearing. A hearing must
be requested within a reasonable time (established by the Attorney
General, but at least 30 days) after the date of the notice.
(2) If a timely request for a hearing is not made, the Attorney
General may issue an order referred to in subsections (d)-(f) of this
section without a hearing.
(3) If a timely request for a hearing is made, the hearing shall be
conducted by an administrative law judge as provided in section 554 of
title 5 at the nearest practicable place to the place where the person
or entity resides or the alleged violation occurred. If the judge finds
by a preponderance of the evidence that the person or entity has
violated section 11102(a) or 11107(a) of this title, the judge shall--
(A) state findings of fact; and
(B) issue and have served on the person an order referred to
in subsections (d)-(f) of this section.
(d) Orders Involving Hiring, Recruiting, and Referral Violations.--
(1) For a violation of section 11102(a)(1)(A) or (2) of this title, an
order issued under this section--
(A) shall require the person or other entity to cease and
desist from the violation and to pay a civil penalty of--
(i) at least $250, but not more than $2,000, for each
unauthorized alien involved in the violation;
(ii) at least $2,000, but not more than $5,000, for
each unauthorized alien involved in the violation if
the person or entity previously was subject to one
order under this subsection; or
(iii) at least $3,000, but not more than $10,000, for
each unauthorized alien involved in the violation if
the person or entity previously was subject to more
than one order under this subsection; and
(B) may require the person or entity --
(i) to comply for not more than 3 years with section
11103 of this title or, if applicable, with section
11104 of this title, for individuals hired or recruited
or referred for a fee; and
(ii) to take other appropriate remedial action.
(2) Under paragraph (1) of this subsection, if the person or entity
is composed of distinct, physically separate subdivisions each of which
provides separately for the hiring, recruiting, or referring for
employment, without reference to the practices of, and not under
control of or common control with, another subdivision, each
subdivision is deemed a separate person or entity.
(e) Orders Involving Paperwork Violations.--For a violation of
section 11102(a)(1) (B) or (C) of this title, an order issued under
this section shall require the person or entity to pay a civil penalty
of at least $100, but not more than $1,000, for each individual about
whom the violation occurred. In deciding on the amount of the penalty,
consideration shall be given to--
(1) the size of the business of the employer;
(2) the good faith of the employer;
(3) the seriousness of the violation;
(4) whether the individual was an unauthorized alien; and
(5) any history of prior violations.
(f) Orders Involving Indemnity Violations.--For a violation of
section 11107(a) of this title, an order issued under this section may
provide for the penalty described in section 11107(b) of this title.
(g) Finality of Decisions and Orders.--(1) The decision and order of
an administrative law judge become the final decision and order of the
Attorney General unless--
(A)(i) within 30 days after the date of the decision and
order, an official delegated by regulation to exercise review
authority over the decision and order modifies or vacates the
decision and order; and
(ii) within 30 days after the date of being modified or
vacated, the decision and order are referred to the Attorney
General pursuant to regulations; or
(B) within 60 days after the date of the decision and order
(if not modified or vacated), the decision and order are
referred to the Attorney General pursuant to regulations.
(2) If the decision and order are referred to the Attorney General
under paragraph (1) of this subsection, the decision and order of the
Attorney General become the final decision and order.
(3) The Attorney General may not delegate the Attorney General's
authority under this subsection to an entity having review authority
over immigration-related matters.
(h) Judicial Review.--(1) Except as provided in paragraph (2) of this
subsection, a person or other entity adversely affected by a final
order imposing a civil penalty under this section may file a petition
for review of the order in the court of appeals for the appropriate
circuit within 45 days after the date the final order is issued.
(2) An order of the Attorney General issued without a hearing as
provided in subsection (c)(2) of this section is not appealable.
(i) Enforcement of Orders.--If a person or other entity does not
comply with a final order issued under this section, the Attorney
General shall bring a civil action in an appropriate district court of
the United States to seek compliance with the order. The validity and
appropriateness of the order may not be reviewed in the action.
Sec. 11106. Criminal penalties and civil actions for pattern or
practice violations
(a) Criminal Penalty.--A person or other entity engaging in a pattern
or practice of violations of section 11102(a)(1) (A) or (2) of this
title shall be fined not more than $3,000 for each unauthorized alien
involved in a violation (notwithstanding the provisions of title 18 on
the amount of fines), imprisoned for not more than 6 months for the
entire pattern or practice, or both.
(b) Civil Actions.--If the Attorney General has reason to believe
that a person or other entity is engaged in a pattern or practice of
employment, recruitment, or referral in violation of section 11102(a)
(1)(A) or (2) of this title, the Attorney General may bring a civil
action in the appropriate district court of the United States for
relief the Attorney General considers necessary.
Sec. 11107. Indemnity prohibition
(a) General.--A person or other entity hiring, recruiting, or
referring an individual for employment may not require the individual
to post a bond or security, to pay or agree to pay an amount, or to
give another financial guarantee or indemnity, against potential
liability arising under this chapter related to the hiring, recruiting,
or referral.
(b) Civil Penalty.--After notice and an opportunity for a hearing
under section 11105 of this title, a person or other entity found to
have violated subsection (a) of this section--
(1) is liable to the Federal Government for a civil penalty
of $1,000; and
(2) may be ordered administratively to return any amount
received in violation of subsection (a) of this section to the
individual or, if the individual cannot be located, to pay that
amount to the general fund of the Treasury.
Sec. 11108. Conspicuous statement requirement
In providing for the documentation or endorsement of authorization
for employment in the United States for an alien (except an alien
lawfully admitted for permanent residence), the Attorney General shall
provide that a limitation on the period or type of employment or
employer be stated conspicuously on the documentation or endorsement.
Sec. 11109. Preemption of state and local law
This chapter preempts state and local law imposing a civil or
criminal penalty (except through licensing and similar laws) on a
person employing, or recruiting or referring for a fee for employment,
an unauthorized alien.
CHAPTER 113--IMMIGRATION-RELATED UNFAIR EMPLOYMENT PRACTICES
Sec.
11301. Definition.
11302. Immigration-related unfair employment practices.
11303. Special Counsel for Immigration-Related Unfair Employment
Practices.
11304. Filing charges of unfair practices.
11305. Investigating charges and filing complaints.
11306. Hearings on complaints.
11307. Authority in conducting investigations and hearings.
11308. Orders of administrative law judges.
11309. Judicial review of final orders.
11310. Judicial enforcement of administrative orders.
11311. Attorney fees.
11312. Certain authority not affected.
Sec. 11301. Definition
In this chapter, ``protected individual''--
(1) means an individual who is--
(A) a national of the United States; or
(B) an alien lawfully admitted for permanent
residence, lawfully admitted for temporary residence
under section 9302 of this title or section 210(a) of
the Immigration and Nationality Act, admitted as a
refugee under section 5105 of this title, or granted
asylum under section 5106 of this title; but
(2) does not include an alien who--
(A) did not apply for naturalization within 6 months
after first becoming eligible (because of a period of
lawful permanent residence) to apply or, if later,
before May 7, 1987; or
(B) timely applied but was not naturalized within 2
years after applying (excluding time taken by the
Immigration and Naturalization Service in processing
the application), unless the alien establishes that the
alien is actively pursuing naturalization.
Sec. 11302. Immigration-related unfair employment practices
(a) Immigration-Related Unfair Employment Practices.--It is an
immigration-related unfair employment practice for a person or other
entity--
(1) to discriminate against an individual (except an
unauthorized alien as defined in section 11101 of this title)
in hiring, or recruiting or referring for employment for a fee,
the individual or discharging the individual from employment
because of the individual's national origin or, if the
individual is a protected individual, because of the
individual's citizenship status; or
(2) after November 28, 1990, to intimidate, threaten, coerce,
or retaliate against an individual--
(A) for the purpose of interfering with a right or
privilege under this chapter; or
(B) because the individual intends to file or has
filed a charge or complaint or assisted or participated
in an investigation, hearing, or proceeding under this
chapter.
(b) Certain Document Practices as Being Unfair.--It is an
immigration-related unfair employment practice for a person or other
entity to request, after September 29, 1996, for purposes of satisfying
the requirements of section 11103 of this title, more or different
documents than are required under section 11103, or to refuse to honor
a document that on its face reasonably appears to be genuine, if the
request or refusal is made for the purpose or with the intent of
discriminating against an individual in violation of subsection (a)(1)
of this section.
(c) Nonapplication.--Subsection (a)(1) of this section does not apply
to--
(1) a person or other entity employing fewer than 4
employees;
(2) discrimination by a person or other entity because of an
individual's national origin if the discrimination by that
person or entity against that individual is covered by section
703 of the Civil Rights Act of 1964 (42 U.S.C. 2000e-2); or
(3) discrimination because of citizenship status that is--
(A) required to comply with a law, regulation, or
executive order;
(B) required by a contract of the Federal Government
or a state or local government; or
(C) found by the Attorney General to be essential for
an employer to do business with a federal department,
agency, or instrumentality or a state or local
governmental entity.
(d) Preference for Equally Qualified Nationals.--It is not an
immigration-related unfair employment practice for a person or other
entity to hire, recruit, or refer an individual who is a national of
the United States instead of an individual who is an alien if both
individuals are equally qualified.
Sec. 11303. Special Counsel for Immigration-Related Unfair Employment
Practices
(a) Appointment.--The President shall appoint, by and with the advice
and consent of the Senate, a Special Counsel for Immigration-Related
Unfair Employment Practices. The Special Counsel serves in the
Department of Justice for a term of 4 years. When the position is
vacant, the President may designate an officer or employee of the
Federal Government to act as Special Counsel during the vacancy.
(b) Duties and Powers.--The Special Counsel shall carry out the
duties and powers given the Special Counsel under this chapter.
(c) Dissemination of Information.--(1) In cooperation with the
Chairman of the Equal Employment Opportunity Commission, the Secretary
of Labor, and the Administrator of the Small Business Administration,
the Special Counsel shall conduct a campaign--
(A) to disseminate information on the rights and remedies
prescribed under this chapter and title VII of the Civil Rights
Act of 1964 (42 U.S.C. 2000e et seq.) related to immigration-
related unfair employment practices; and
(B) to increase the knowledge of employers, employees, and
the public about employer and employee rights,
responsibilities, and remedies under this chapter and title
VII.
(2) To carry out this subsection, the Special Counsel--
(A) to the extent considered appropriate and subject to the
availability of appropriations, may make contracts with public
and private organizations for outreach activities under the
campaign; and
(B) shall consult with the Chairman, the Secretary, and the
heads of other appropriate agencies.
(3) Not more than $10,000,000 may be appropriated for each fiscal
year to carry out this subsection.
(d) Outreach Programs.--Not more than $3,000,000 of the unobligated
balances remaining in the account described in section 9307(b) of this
title is available in each fiscal year for grants, contracts, and
cooperative agreements to community-based organizations for outreach
programs and shall be administered by the Special Counsel for
Immigration-Related Unfair Employment Practices. Amounts under this
subsection are in addition to amounts appropriated to the Special
Counsel for those purposes. Amounts available under this subsection may
not be used by the Special Counsel to establish regional offices.
(e) Pay.--The Special Counsel is entitled to a rate of pay that is
not more than the maximum annual rate of basic pay payable under
section 5376 of title 5.
(f) Regional Offices.--Under regulations prescribed by the Attorney
General, the Special Counsel shall establish regional offices necessary
to carry out the duties and powers of the Special Counsel.
Sec. 11304. Filing charges of unfair practices
(a) Filing Charges.--(1) Except as provided in subsection (c) of this
section, a charge of an immigration-related unfair employment practice
may be filed with the Special Counsel for Immigration-Related Unfair
Employment Practices by--
(A) a person alleging to be adversely affected directly by
the practice, or by another person for that person; or
(B) an officer of the Immigration and Naturalization Service
alleging that the practice has occurred or is occurring.
(2) A charge filed under this subsection must be in writing and under
oath and contain information the Attorney General requires.
(b) Service of Notice of Charges.--The Special Counsel shall serve a
notice of a charge filed under subsection (a) of this section
(including the date, place, and circumstances of the alleged practice)
on the person or other entity alleged to have committed the practice.
The notice shall be served by certified mail not later than 10 days
after the charge is filed.
(c) Limitations on Filing Charges.--A charge of an immigration-
related unfair employment practice involving discrimination because of
national origin may not be filed under this section if a charge of that
practice based on the same set of facts has been filed with the Equal
Employment Opportunity Commission under title VII of the Civil Rights
Act of 1964 (42 U.S.C. 2000e et seq.), unless the charge is dismissed
as being outside the scope of title VII. A charge about an employment
practice may not be filed with the Equal Employment Opportunity
Commission under title VII if a charge about that practice based on the
same set of facts has been filed under this section, unless the charge
is dismissed as being outside the scope of this chapter.
Sec. 11305. Investigating charges and filing complaints
(a) Special Counsel.--(1) The Special Counsel for Immigration-Related
Unfair Employment Practices shall investigate each charge filed under
section 11304 of this title. Not later than 120 days after the charge
has been filed, the Special Counsel shall decide whether there is
reasonable cause to believe the charge is true and whether to file a
complaint about the charge with an administrative law judge.
(2) On the Special Counsel's own initiative, the Special Counsel may
investigate an immigration-related unfair employment practice and,
subject to subsection (c) of this section, file a complaint about the
practice with an administrative law judge.
(3) Failure to file a complaint within the 120-day period does not
prevent the Special Counsel from investigating the charge or filing a
complaint with an administrative law judge during the 90-day period
referred to in subsection (b) of this section.
(b) Private Actions.--Subject to subsection (c) of this section, if a
charge alleges knowing and intentional discriminatory activity or a
pattern or practice of discriminatory activity, and the Special Counsel
does not file a complaint with an administrative law judge within 120
days after the charge is filed with the Special Counsel under
subsection (a)(1) of this section, the Special Counsel shall notify the
person that filed the charge during the 120-day period of the decision
not to file a complaint. The person may file a complaint directly with
an administrative law judge not later than 90 days after receiving the
notice.
(c) Time Limitation.--A complaint about an immigration-related unfair
employment practice may not be filed with an administrative law judge
if the practice occurred more than 180 days before the charge about
that practice was filed with the Special Counsel. This subsection does
not prevent subsequently amending a charge or complaint under section
11306(c)(1) of this title.
(d) Discrimination Deemed To Have Occurred.--An individual
intimidated, threatened, coerced, or retaliated against in violation of
section 11302(a)(2) of this title is deemed to have been discriminated
against under this section.
Sec. 11306. Hearings on complaints
(a) Designating Administrative Law Judges.--A hearing on a complaint
alleging an immigration-related unfair employment practice shall be
conducted by an administrative law judge who--
(1) is specially designated by the Attorney General as having
special training in employment discrimination; and
(2) to the extent possible, conducts hearings only on
complaints involving immigration-related unfair employment
practices under this chapter.
(b) Notice of Hearings.--When a complaint alleging an immigration-
related unfair employment practice is filed with an administrative law
judge, the judge shall issue and have served on the person or other
entity named in the complaint a copy of the complaint and a notice of
the hearing. The date of the hearing shall be at least 5 days after the
complaint is served.
(c) Pleadings, Appearances, and Parties.--(1) On motion of the party
that filed the complaint, the judge may amend the complaint at any time
before issuing an order based on the complaint.
(2) The person or entity named in the complaint may file an answer to
the original or amended complaint, appear in person or otherwise, and
present testimony.
(3) The person that filed the charge with the Special Counsel for
Immigration-Related Unfair Employment Practices is a party to the
proceeding before the judge and in any appeal from that proceeding.
(4) The judge conducting the hearing may allow any other person to
intervene and to present testimony.
(d) Transcript and Additional Testimony or Argument.--A transcript
shall be prepared of the testimony in the hearing. After the transcript
is prepared, the judge, by notice, may provide for further testimony or
hear argument.
Sec. 11307. Authority in conducting investigations and hearings
(a) General.--In conducting an investigation or hearing under this
chapter--
(1) the Special Counsel for Immigration-Related Unfair
Employment Practices and the administrative law judge
conducting the investigation or hearing, under regulations
prescribed by the Attorney General, shall have reasonable
access to examine evidence of a person or other entity being
investigated; and
(2) the administrative law judge may subpena the attendance
of witnesses and the production of evidence at any designated
place.
(b) Judicial Enforcement of Subpenas.--If a person or other entity
disobeys a subpena issued under subsection (a)(2) of this section, an
appropriate district court of the United States, on application by the
administrative law judge, may issue an order to comply with the
subpena. The court may punish a failure to comply with the order of the
court as a contempt of court.
Sec. 11308. Orders of administrative law judges
(a) General.--In a proceeding by an administrative law judge under
this chapter, the judge shall issue an order and have the order served
on the parties to the proceeding. The order is final unless a petition
for review is filed under section 11309 of this title.
(b) Orders Finding Unfair Practices.--(1) If the administrative law
judge finds by a preponderance of the evidence that the person or other
entity named in the complaint has engaged, or is engaging, in an
immigration-related unfair employment practice, the judge shall state
findings of fact about the practice and issue and have served on the
person or entity an order requiring the person to cease and desist from
the practice.
(2) The order also may require the person or entity--
(A) to comply with section 11103 of this title for not more
than 3 years;
(B) to retain for not more than 3 years, and only for use as
provided under section 11103(f) of this title, the name and
address of each individual applying (whether in person or in
writing) for an existing position, or for recruitment or
referral for a fee, for employment in the United States;
(C) to hire an individual directly and adversely affected,
with or without back pay;
(D) to pay to the Federal Government a civil penalty of--
(i) at least $250, but not more than $2,000, for each
individual discriminated against;
(ii) at least $2,000, but not more than $5,000, for
each individual discriminated against if the person or
entity previously was subject to an order under this
subsection;
(iii) at least $3,000, but not more than $10,000, for
each individual discriminated against if the person or
entity previously was subject to more than one order
under this subsection; or
(iv) at least $100, but not more than $1,000, for
each individual discriminated against, for an
immigration-related unfair employment practice
described in section 11302(b) of this title;
(E) to post notices to employees about their rights under
this chapter and the obligations of employers under chapter 111
of this title;
(F) to educate all personnel involved in hiring or complying
with this chapter and chapter 111 of this title about the
requirements of this chapter and chapter 111;
(G) to remove, as appropriate, a false performance review or
false warning from an employee's personnel file; and
(H) to lift, as appropriate, a restriction on an employee's
assignments, work shifts, or movements.
(3) An order of back pay under paragraph (2)(C) of this subsection
may not require back pay for more than the 2-year period occurring
before the charge was filed with the Special Counsel for Immigration-
Related Unfair Employment Practices. Back pay otherwise allowable shall
be reduced by amounts earned, or earnable with reasonable diligence,
during the period covered by the back pay order. An order may require
hiring an individual or paying back pay to an individual only if the
individual was refused employment for discrimination because of
national origin or citizenship status.
(4) Under this section, if the person or entity is composed of
distinct, physically separate subdivisions each of which provides
separately for the hiring, recruiting, or referring for employment,
without reference to the practices of, and not under control of or
common control with, another subdivision, each subdivision is deemed a
separate person or entity.
(c) Discrimination Deemed To Have Occurred.--An individual
intimidated, threatened, coerced, or retaliated against in violation of
section 11302(a)(2) of this title is deemed to have been discriminated
against under this section.
(d) Orders Finding No Unfair Practices.--If the administrative law
judge finds by a preponderance of the evidence that the person or
entity named in the complaint has not engaged, and is not engaging, in
an immigration-related unfair employment practice, the judge shall
state findings of fact about such a practice not existing and issue an
order dismissing the complaint.
Sec. 11309. Judicial review of final orders
(a) General.--A person aggrieved by a final order issued by an
administrative law judge under section 11308 of this title may file a
petition for review of the order in the court of appeals for the
circuit in which the alleged unfair practice occurred or in which the
employer resides or does business. The petition must be filed within 60
days after the date the final order is issued.
(b) Exclusive Jurisdiction.--When the record of the proceedings is
filed with the court, the court has exclusive jurisdiction to review
the order.
Sec. 11310. Judicial enforcement of administrative orders
(a) Civil Actions for Enforcement.--If a petition for review of an
order of an administrative law judge under section 11308 of this title
is not filed under section 11309 of this title, the Special Counsel for
Immigration-Related Unfair Employment Practices or, if the Special
Counsel does not act, the person that filed the charge with the Special
Counsel, may bring a civil action to enforce the order. The action must
be brought in the district court of the United States for the judicial
district in which a violation of the order is alleged to have occurred
or in which the person against whom the order is directed resides or
does business. The order of the administrative law judge may not be
reviewed in the action.
(b) Enforcement by Court of Appeals in Original Review.--If the court
of appeals does not reverse an order of an administrative law judge
reviewed under section 11309 of this title, the court may issue an
order enforcing the order of the judge.
Sec. 11311. Attorney fees
In a proceeding before an administrative law judge under this
chapter, or in a judicial proceeding for review or enforcement of an
order of an administrative law judge under section 11308 of this title,
the prevailing party (except the Federal Government) may be awarded
reasonable attorney fees if the losing party's argument is without
reasonable foundation in law and fact.
Sec. 11312. Certain authority not affected
Except as specifically provided in this chapter, this chapter does
not affect the authority of the Equal Employment Opportunity Commission
to investigate allegations of unlawful employment practices.
SUBTITLE IV--REFUGEE AND IMMIGRANT PROGRAMS
PART A--ASSISTANCE FOR INDIVIDUALS AND STATES
Chapter Sec.
REFUGEE ASSISTANCE.................................................13101
INTERNATIONAL PARTICIPATION AND EMERGENCY ASSISTANCE...............13301
IMMIGRANT EDUCATION ASSISTANCE.....................................13501
REIMBURSEMENT FOR COSTS OF IMPRISONING CUBAN NATIONALS AND ILLEGAL
ALIENS.............................................................13701
PART B--RESTRICTIONS
RESTRICTING WELFARE AND PUBLIC BENEFITS FOR ALIENS.................15101
PART A--ASSISTANCE FOR INDIVIDUALS AND STATES
CHAPTER 131--REFUGEE ASSISTANCE
SUBCHAPTER I--RESETTLEMENT ASSISTANCE
Sec.
13101. Congressional intent.
13102. Definition.
13103. Office of Refugee Resettlement.
13104. Initial resettlement assistance.
13105. Initial resettlement assistance grants and contracts.
13106. Project grants and contracts for services.
13107. Assistance for refugee children.
13108. Cash and medical assistance.
13109. Administrative.
13110. Annual reports.
13111. Limitations.
13112. Authorization of appropriations.
SUBCHAPTER II--EDUCATION ASSISTANCE
13131. Definitions.
13132. Basic educational services grants.
13133. Supplementary educational services grants.
13134. Adult education program grants.
13135. Applications.
13136. Use of estimated information and consultation with other
agencies.
13137. State administrative costs.
13138. Withholding payments.
13139. Authorization of appropriations and allocation of total amount
appropriated.
SUBCHAPTER III--CUBAN AND HAITIAN ENTRANTS
13151. Definition.
13152. Presidential authority.
13153. General assistance.
SUBCHAPTER I--RESETTLEMENT ASSISTANCE
Sec. 13101. Congressional intent
It is the intent of Congress that in providing refugee assistance
under this subchapter--
(1) employable refugees should be placed in jobs as soon as
possible after the refugees arrive in the United States;
(2) social service expenditures should be focused on
employment-related services, instruction in English-as-a-
second-language (in non-work hours when possible), and case-
management services; and
(3) local voluntary organization activities should be carried
out in close cooperation and advance consultation with state
and local governments.
Sec. 13102. Definition
In this subchapter, ``refugee'' includes a spouse or child described
in section 5105(c) of this title.
Sec. 13103. Office of Refugee Resettlement
(a) Office of Refugee Resettlement.--The Office of Refugee
Resettlement is an Office in the Department of Health and Human
Services.
(b) Director.--The head of the Office is a Director appointed by the
Secretary of Health and Human Services.
(c) Authority of the Director.--In consultation with the Secretary of
State, the Director shall carry out this subchapter (directly or
through arrangements with other federal departments, agencies, or
instrumentalities) except--
(1) that the Secretaries of Education, Health and Human
Services, and State and the Attorney General may prescribe
regulations that each Secretary or the Attorney General
considers appropriate to carry out this subchapter; and
(2) as otherwise provided in this subchapter.
Sec. 13104. Initial resettlement assistance
(a) Education and Training.--The Director of the Office of Refugee
Resettlement may develop programs of orientation, instruction in
English, job training, and other education and training of refugees
that will assistin their resettlement in the United States. The
programs may be carried out by--
(1) the Director consistent with this subchapter, for
refugees in the United States; and
(2) the Secretary of State, for refugees waiting to enter the
United States.
(b) Temporary Care.--The Secretary of Health and Human Services may
make arrangements (including cooperative arrangements with other
federal departments, agencies, or instrumentalities) for the temporary
care of refugees in the United States in emergency circumstances,
including establishing necessary processing centers. The Secretary may
carry out this subsection without regard to provisions of law (except
section 13111(b) of this title) on making, carrying out, and modifying
contracts and on Government expenditures.
(c) Health Activities.--(1) The Secretary of Health and Human
Services shall--
(A) ensure that an adequate number of trained personnel are
available at a location at which refugees enter the United
States so that all necessary medical records are available and
in order;
(B) provide for identifying refugees with medical conditions
affecting the public health and requiring treatment;
(C) ensure that state and local health officials at a
resettlement destination in the United States are notified
promptly of the arrival of each refugee and are provided with
all applicable medical records; and
(D) provide for monitoring refugees referred to in clause (B)
of this paragraph to ensure that the refugees receive
appropriate and timely treatment.
(2) The Secretary of Health and Human Services shall monitor and
assess the quality of medical screening and related health services
provided to refugees waiting to be resettled in the United States.
Sec. 13105. Initial resettlement assistance grants and contracts
(a) General Authority.--(1) The Director of the Office of Refugee
Resettlement (or other officer if the President decides the Director
should not administer this subsection) may make grants to, and
contracts with, public agencies and private nonprofit organizations for
the initial resettlement (including the initial reception and placement
with sponsors) of refugees in the United States. A grant to, or
contract with, a private nonprofit voluntary organization shall be
consistent with the objectives of this subchapter, considering the
different resettlement approaches and practices of that organization.
Assistance under this subsection shall be provided in coordination with
other assistance provided under this subchapter. The Federal
administering agency shall use the criteria described in subsection (c)
of this section in awarding or renewing a grant or contract under this
section.
(2) An amount provided to an agency or organization under a grant or
contract may be obligated or expended only during the fiscal year in
which the amount is provided, or a subsequent fiscal period approved by
the administering agency or officer making the contract, to carry out
this section.
(b) Requirements.--(1) Each grant to, and contract with, an agency or
organization under subsection (a) of this section shall require that
the agency or organization--
(A) provide quarterly performance and financial status
reports to the administering agency;
(B) provide notice either directly or through its local
affiliate--
(i) to the appropriate local welfare office when the
agency or organization receiving the grant or contract
becomes aware that a refugee is offered employment; and
(ii) to the refugee that notice to the local welfare
office has been given;
(C) when requested by a local welfare office to which a
refugee has applied for cash assistance, provide documentation
to that office about cash or other resources provided directly
by the agency or organization receiving the grant or contract
to the refugee under this section and section 13104 of this
title;
(D) ensure that, in the case of a refugee that the agency or
organization receiving the grant or contract knows has been
identified under section 13104(c)(1)(B) of this title as having
a medical condition affecting the public health and requiring
treatment, the refugee reports to the appropriate health agency
when the refugee resettles in an area;
(E) fulfill its responsibility to provide for the basic needs
(including food, clothing, shelter, and transportation for job
interviews and training) of each refugee resettled, to develop
and carry out a resettlement plan (including the early
employment of each refugee resettled), and to monitor how the
plan is being carried out; and
(F) submit to the administering agency an annual report on--
(i) the number of refugees placed (by county of
placement) and the expenditures made during the year
covered by the report under the grant or contract,
including the proportion of the expenditures used for
administrative purposes and for providing services;
(ii) the proportion of refugees that the agency or
organization receiving the grant or contract has placed
in the prior year who are receiving cash or medical
assistance described in section 13108 of this title;
(iii) the efforts made by the agency or organization
receiving the grant or contract to monitor placement of
refugees and the activities of local affiliates of the
agency or organization;
(iv) the extent to which the agency or organization
receiving the grant or contract has coordinated its
activities with local social service providers in a way
that avoids duplication of activities, has provided
notice to the local welfare offices as required under
clause (B)(i) of this paragraph, and has reported
medical conditions of certain aliens to local health
departments as required under clause (D) of this
paragraph; and
(v) other information the administering agency
considers is appropriate in monitoring the
effectiveness of the agency or organization receiving
the grant or contract in carrying out its functions
under the grant or contract.
(2) The administering agency shall submit promptly to the Committees
on the Judiciary of the House of Representatives and the Senate a copy
of each report submitted under paragraph (1)(F) of this subsection.
(3) Paragraph (1) (A), (C), and (F) of this subsection applies to a
grant or contract made or renewed after December 5, 1986. Paragraph
(1)(E) of this subsection applies to a grant or contract made or
renewed after May 5, 1987.
(c) Performance Criteria.--The administering agency shall prescribe
criteria for the performance of each agency or organization in
connection with a grant or contract under subsection (a) of this
section. The prescribed criteria shall include criteria related to that
agency's or organization's--
(1) efforts to reduce welfare dependency among refugees
resettled by the agency or organization;
(2) collection of travel loans made to refugees resettled by
the agency or organization for travel to the United States;
(3) arrangements for effective local sponsorship and other
nonpublic assistance for refugees resettled by the agency or
organization;
(4) cooperation with refugee mutual assistance associations,
local social service providers, health agencies, and welfare
offices;
(5) compliance with guidelines established by the Director
for placing and resettling refugees in the United States; and
(6) compliance with other requirements contained in the grant
or contract, including requirements under subsection (b) of
this section.
(d) Medical Screening and Initial Medical Treatment.--The Director
may make a grant to, or contract with, a state or local health agency
for payments to meet the agency's costs of providing medical screening
and initial medical treatment to refugees.
Sec. 13106. Project grants and contracts for services
(a) Service Projects.--(1) The Director of the Office of Refugee
Resettlement may make grants to, and contracts with, public agencies
and private nonprofit organizations for projects specifically
designed--
(A) to assist refugees in obtaining skills necessary for
economic self-sufficiency, including projects for job training,
employment services, day care, and professional refresher
training and other recertification services;
(B) to provide instruction in English when necessary even
when refugees are employed or are receiving assistance; and
(C) to provide health (including mental health) services,
social services, and educational and other services when
specific needs have been shown and recognized by the Director.
(2) Amounts available in a fiscal year for grants and contracts under
this subsection shall be allocated among the States based on the total
number of refugees who--
(A) arrived in the United States within the 36 months before
the beginning of the fiscal year; and
(B) actually are residing in each State (taking into account
secondary migration) at the beginning of the fiscal year.
(3) A limitation that the Director establishes on that part of
amounts allocated to a State under this subsection that the State may
use for services (except those services described in section 13101(2)
of this title) does not apply if the Director--
(A) receives a plan that has been established by or with the
consultation of political subdivisions; and
(B) decides that the plan provides for the maximum
appropriate employment services for, and the maximum placement
of, employable refugees consistent with the performance
standards established under section 106 of the Job Training
Partnership Act (29 U.S.C. 1516).
(b) Targeted Assistance Project Grants.--(1) The Director may make a
grant to a State for assistance to a political subdivision in the State
that has a demonstrated specific need for additional available
resources for providing services to refugees because of factors such
as--
(A) an unusually large refugee population (including
secondary migration);
(B) high refugee concentrations; and
(C) high use of public assistance by refugees.
(2) The Director shall make a grant under this subsection--
(A) primarily to facilitate refugee employment and self-
sufficiency; and
(B) in a way that does not supplant amounts available under
other refugee programs and ensures that at least 95 percent of
the amount of the grant is made available to the political
subdivision.
(c) Maintaining Level of Matching Grant Program.--To the extent of
available appropriations, the Director may not--
(1) reduce the maximum average contribution level of the
Federal Government for each refugee in the voluntary agency
program, known as the matching grant program and financed under
subsection (a) of this section, below the level in effect under
the program for grants in the fiscal year that ended September
30, 1985; or
(2) increase the percentage grantee matching requirement
under the program above the percentage in effect under the
program for grants in the fiscal year that ended September 30,
1985.
Sec. 13107. Assistance for refugee children
(a) Special Educational Services.--Where a need is shown, the
Secretary of Education may make grants and contracts for projects to
provide special educational services (including instruction in English)
to refugee children in elementary and secondary schools.
(b) Child Welfare Services.--The Director of the Office of Refugee
Resettlement may provide assistance, reimburse States, and make grants
to, and contracts with, public agencies and private nonprofit
organizations to provide child welfare services (including foster care
maintenance payments and services and health care) to a refugee child
during the 36-month period that begins with the first month the child
is in the United States. If a refugee child is unaccompanied by a
parent or other close adult relative (as defined by the Director),
those services may be provided until the month after the child becomes
18 years of age (or a later age prescribed in the State's child welfare
services plan under part B of title IV of the Social Security Act (42
U.S.C. 620 et seq.) for the availability of those services to another
child in the State).
(c) Placing Unaccompanied Children.--(1) The Director shall try to
arrange, under the laws of the States, to place an unaccompanied
refugee child referred to in subsection (b) of this section who has
been accepted for admission to the United States. The Director shall
make the arrangements before or as soon as possible after the child
arrives in the United States. If necessary, the Director shall assume
legal and financial responsibility for the child during the period
before the child is placed when the child is in the United States or is
in transit to the United States. The Director may make necessary
decisions to provide for the child's immediate care.
(2) In carrying out this subsection, the Director may make contracts
with appropriate public agencies and private nonprofit organizations
under conditions the Director considers appropriate.
(3) The Director shall maintain a list of--
(A) all unaccompanied refugee children who have entered the
United States after April 1, 1975;
(B) the name and last known residence of each living parent
of each of those children at the child's time of arrival; and
(C) the locations, status, and progress of the children.
Sec. 13108. Cash and medical assistance
(a) General Authority.--The Director of the Office of Refugee
Resettlement may provide assistance, reimburse States, and make grants
to, and contracts with, public agencies and private nonprofit
organizations for 100 percent of the cash and medical assistance
provided to a refugee during the 36-month period that begins with the
first month the refugee enters the United States. The Director also may
pay for the identifiable and reasonable administrative costs of
providing the assistance.
(b) Conditions and Limitation.--(1) Except for good cause shown, cash
assistance may be provided to an employable refugee under this section
only if the refugee--
(A) registers with an appropriate entity providing employment
services described in section 13106(a)(1)(A) of this title, or,
if such an entity is not available, with an appropriate state
or local employment service;
(B) participates in an available and appropriate service or
targeted assistance project grant financed under section 13106
of this title providing job or language training in the area in
which the refugee resides; and
(C) accepts an appropriate offer of employment.
(2)(A) Cash assistance provided under this section shall be suspended
for any alien entering the United States as a refugee after March 31,
1987, who refuses--
(i) an offer of employment that the public agency or private
nonprofit organization providing initial resettlement
assistance under section 13105(a) of this title or the
appropriate state or local employment service decides is
appropriate;
(ii) to go to a job interview that has been arranged through
the agency, organization, or employment service; or
(iii) to participate in a service or targeted assistance
project grant referred to in paragraph (1)(B) of this
subsection that the agency, organization, or employment service
decides is available and appropriate.
(B) The assistance shall be suspended for 3 months for the first
refusal and for 6 months for any subsequent refusal. The refugee shall
be given an opportunity for a hearing before cash assistance is
suspended.
(3) A refugee who is a full-time student in an institution of higher
education, as defined by the Director after consultation with the
Secretary of Education, may not receive cash assistance.
(c) Instruction and Training for Refugees Receiving Assistance.--The
Director shall develop plans to provide instruction in English and
other appropriate services and training to a refugee receiving cash
assistance.
(d) Limitation on Use of Amounts.--If a refugee is eligible for aid
or assistance under a state program financed under part A of title IV
or under title XIX of the Social Security Act (42 U.S.C. 601 et seq.,
1396 et seq.) or for supplemental security income benefits (including
state supplementary payments) under the program established under title
XVI of that Act (42 U.S.C. 1381 et seq.), amounts to carry out this
section may be used only to pay the part of the aid or assistance not
paid by the Federal Government under part A of title IV or under title
XIX for cash and medical assistance provided the refugee, and for state
supplementary payments.
(e) Medical Assistance for Refugees Otherwise Ineligible.--During the
one-year period after a refugee enters the United States, the Director
may authorize medical assistance of the kind provided under subsection
(a) of this section to a refugee if--
(1) the refugee does not qualify for assistance under a state
plan approved under title XIX of the Social Security Act (42
U.S.C. 1396 et seq.) because of financial resources or income
requirements of the plan; and
(2) the Director decides that--
(A) providing the medical services will encourage
economic self-sufficiency or avoid a significant burden
on state and local governments; and
(B) the refugee meets alternative financial resources
and income requirements the Director establishes.
(f) Alternative Assistance Projects.--(1) The Secretary of Health and
Human Services shall develop and carry out alternative projects for
refugees who have been in the United States less than 36 months. The
projects shall provide refugees with interim support, medical services,
support services, and case-management services, as needed, in a way
that encourages self-sufficiency, reduces welfare dependency, and
fosters greater coordination among public agencies and private
nonprofit organizations providing resettlement assistance and service
providers. The Secretary may provide an alternative project to cover a
specific group of refugees who have been in the United States at least
36 months if the Secretary decides that--
(A) refugees in the group have been significantly and
disproportionately dependent on welfare;
(B) those refugees need the services provided under the
project to become self-sufficient; and
(C) including those refugees under the project would be cost-
effective.
(2) A refugee in an alternative project may not receive cash or
medical assistance under another subsection of this section or under
part A of title IV or under title XIX of the Social Security Act (42
U.S.C. 601 et seq., 1396 et seq.).
(3) Amounts authorized to be appropriated under section 13112 of this
title or part A of title IV or title XIX of the Social Security Act (42
U.S.C. 601 et seq., 1396 et seq.) may be used to carry out and evaluate
alternative projects under this subsection, to the extent the use of
those amounts is consistent with the purposes for which amounts are
authorized to be appropriated.
(g) Notification of Application by Refugee for Assistance.--As a
condition for an entity receiving assistance, reimbursement, or a
contract under this section, the entity must ensure that when a refugee
applies for cash or medical assistance for which assistance or
reimbursement is provided under this section, the entity will notify
promptly the public agency or private nonprofit organization (or local
affiliate of the organization) that provided for the initial
resettlement of the refugee under section 13105(a) of this title that
the refugee has applied for the assistance.
Sec. 13109. Administrative
(a) Authority of the Director.--In providing assistance under this
subchapter, the Director of the Office of Refugee Resettlement, to the
extent of available appropriations--
(1) shall make available sufficient resources for employment
training and placement to permit refugees to achieve economic
self-sufficiency as soon as possible;
(2) shall provide refugees with the opportunity to acquire
sufficient instruction in English to enable them to become
resettled effectively as quickly as possible;
(3) shall ensure that cash assistance is made available to
refugees as provided under section 13108(b) of this title in a
way that will not discourage economic self-sufficiency;
(4) shall ensure that women have the same opportunities as
men to participate in training and instruction;
(5) shall make a periodic assessment, based on refugee
population and other relevant factors, of the relative needs of
refugees for assistance and services under this subchapter and
the resources available to meet those needs;
(6) in allocating resources, shall avoid duplicating services
and provide for maximum coordination among public agencies and
private nonprofit organizations providing related services; and
(7) shall compile and maintain information on--
(A) the secondary migration of refugees in the United
States; and
(B) the proportion of refugees, by State of residence
and nationality, receiving cash or medical assistance
described in section 13108 of this title.
(b) Limitation on Delegation.--The Director may not delegate to a
state government or political subdivision authority to review or
approve a grant or contract under this subchapter or the terms under
which a grant or contract is made.
(c) Nondiscrimination.--Assistance and services under this subchapter
shall be provided to refugees without regard to race, religion,
nationality, sex, or political opinion.
(d) Consultation with State and Local Governments and
Organizations.--(1) The Director and the Federal administering agency
under section 13105(a) of this title shall consult at least quarterly
with state governments, political subdivisions, and private nonprofit
voluntary organizations on the sponsorship process and the intended
distribution of refugees among the States and political subdivisions
before placing refugees in each of the States and political
subdivisions.
(2) In consultation with representatives of private nonprofit
voluntary organizations, state governments, and political subdivisions,
the Director shall develop and carry out policies and strategies for
placing and resettling refugees in the United States. To the extent
practicable and except under unusual circumstances the Director may
recognize, the policies and strategies shall--
(A) ensure that a refugee is not placed or resettled
initially in an area highly impacted (as decided under
regulations prescribed by the Director after consultation with
private nonprofit voluntary organizations, state governments,
and political subdivisions) by the presence of refugees or
comparable populations unless the refugee has a spouse, parent,
sibling, or child residing in that area;
(B) provide for a mechanism for representatives of local
affiliates of private nonprofit voluntary organizations to meet
at least quarterly with representatives of state governments
and political subdivisions to plan and coordinate, in advance
of the arrival of the refugees, the appropriate placement of
the refugees among the States and political subdivisions; and
(C) consider--
(i) the proportion of refugees and comparable
entrants in the population in the area;
(ii) the availability of employment opportunities,
affordable housing, and public and private resources
for refugees in the area, including educational, health
care, and mental health services;
(iii) the likelihood of refugees placed in the area
becoming self-sufficient and free from long-term
dependence on public assistance; and
(iv) the secondary migration of refugees to and from
the area that is likely to occur.
(3) To the maximum extent possible and consistent with the policies
and strategies developed under paragraph (2) of this subsection, the
Federal administering agency under section 13105(a) of this title shall
consider the recommendations of the State in deciding where to place
refugees in that State.
(4) In providing assistance to refugees, a state government or
political subdivision shall consider the recommendations of, and
assistance provided by, a public agency or private nonprofit
organization receiving a grant or contract under section 13105(a) of
this title.
(e) Requirements for Grants and Contracts.--A grant or contract may
be made under this subchapter only when an appropriate proposal and
application (that includes a description of the ability of a public
agency or private nonprofit organization to provide the services
specified in the proposal) are submitted to and approved by the
appropriate administering official. A grant shall be made to, or a
contract shall be made with, a public agency or private nonprofit
organization that the administering official decides can best provide
the services. Payment under the grant or contract may be made in
advance or by reimbursement.
(f) State Requirements.--To receive assistance under this subchapter,
a State--
(1) must submit to the Director a plan that--
(A) describes how the State plans to encourage
effective refugee resettlement and to promote economic
self-sufficiency as quickly as possible;
(B) describes how the State will ensure that
instruction in English and employment services are made
available to refugees receiving cash assistance;
(C) provides for the designation of a state officer
or employee to be responsible for ensuring coordination
of public and private resources in refugee
resettlement;
(D) provides for the care and supervision of, and
legal responsibility for, unaccompanied refugee
children in the State; and
(E) provides for identifying refugees who at the time
of resettlement in the State have medical conditions
requiring, or medical histories indicating a need for,
treatment or observation and provides necessary
monitoring of the treatment or observation;
(2) must meet standards, goals, and priorities developed by
the Director that--
(A) ensure effective resettlement of refugees;
(B) promote economic self-sufficiency of refugees as
quickly as possible; and
(C) provide that services are provided efficiently;
and
(3) within a reasonable time after the end of each fiscal
year, must submit to the Director a report on the uses of
amounts provided under this subchapter for which the State is
responsible for administering.
(g) Authority To Make Loans and Accept Gifts.--In carrying out this
subchapter, each appropriate administering official may--
(1) make loans; and
(2) accept and use money, property, and services made
available by gift, devise, bequest, grant, or otherwise to
carry out this subchapter.
(h) System To Monitor Assistance.--The Secretary of Health and Human
Services, together with the Secretary of State in carrying out sections
13104 and 13105 of this title, shall maintain a system of monitoring
assistance provided under this subchapter. The system shall include--
(1) evaluations of the effectiveness of the programs and
projects carried out under this subchapter and the performance
of States, grantees, and contractors;
(2) financial audits and other appropriate monitoring to
detect fraud, abuse, and mismanagement in operating the
programs and projects; and
(3) information collection on services provided and results
achieved.
(i) Information Provided by Refugees.--The Attorney General shall
provide the Director with information provided by refugees with their
applications for adjustment of status. The Director shall compile,
summarize, and evaluate the information.
Sec. 13110. Annual reports
The Secretary of Health and Human Services shall submit a report to
the Committees on the Judiciary of the House of Representatives and the
Senate not later than each January 31 on activities under this
subchapter for the prior fiscal year. Each report shall include--
(1) a current profile of the employment and labor force
statistics for refugees who entered the United States under
this title--
(A) during the 5 fiscal years immediately before the
fiscal year in which the report is submitted; and
(B) before that 5-year period and who have been
significantly and disproportionately dependent on
welfare;
(2) a description of the extent to which refugees received
each kind of assistance and service under this subchapter
during the 5 fiscal years immediately before the fiscal year in
which the report is submitted;
(3) a description of the geographic locations of refugees;
(4) a summary of the results of the monitoring conducted
under section 13109(h) of this title for the fiscal year;
(5) a description of--
(A) the activities, expenditures, and policies of the
Office of Refugee Resettlement under this subchapter;
(B) the activities of States, voluntary
organizations, and sponsors of refugees under this
subchapter; and
(C) plans of the Director of the Office of Refugee
Resettlement for improving refugee resettlement;
(6) evaluations of the extent to which--
(A) services provided under this subchapter are
assisting refugees in achieving economic self-
sufficiency, ability in English, and employment
commensurate with their skills and abilities; and
(B) fraud, abuse, and mismanagement have been
reported in providing assistance or services;
(7) a description of the assistance provided under section
13108(e) of this title;
(8) a summary of the locations and status of unaccompanied
refugee children admitted to the United States; and
(9) a summary of the information compiled and evaluated under
section 13109(i) of this title.
Sec. 13111. Limitations
(a) Consolidated Grants Prohibited.--Amounts made available to a
State or political subdivision to carry out this subchapter (except
section 13105(a) of this title) may not be in the form of a block
grant, per capita grant, or similar consolidated grant. Amounts shall
be made available under separate grants or contracts for--
(1) medical screening and initial medical treatment for
refugees under section 13105(d) of this title;
(2) service projects for refugees under section 13106(a) of
this title;
(3) targeted assistance project grants under section 13106(b)
of this title; and
(4) assistance for refugee children under section 13107(b)
and (c) of this title.
(b) Contracts.--A contract made under this subchapter is effective
only to the extent and in the amount provided in advance by an
appropriation law.
Sec. 13112. Authorization of appropriations
Amounts necessary to carry out this subchapter and section 13701 of
this title may be appropriated for the fiscal year ending September 30,
1997.
SUBCHAPTER II--EDUCATION ASSISTANCE
Sec. 13131. Definitions
In this subchapter--
(1) ``elementary school'', ``local educational agency'',
``secondary school'', ``State'', and ``state educational
agency'' have the same meanings given those terms in section
14101 of the Elementary and Secondary Education Act of 1965 (20
U.S.C. 8801).
(2) ``elementary or secondary nonpublic school'' means a
school--
(A) complying with the compulsory education laws of
the State in which it is located; and
(B) exempt from taxation under section 501(c)(3) of
the Internal Revenue Code of 1986 (26 U.S.C.
501(c)(3)).
(3) ``eligible participant'' means an alien--
(A) during the 36-month period that begins with the
first month the alien entered the United States, who--
(i) has been admitted to the United States as
a refugee under section 5105 of this title;
(ii) has been paroled into the United States
as a refugee under section 6121 of this title;
or
(iii) has fled from the alien's country of
origin and, under an executive order, has been
allowed to enter and remain in the United
States indefinitely for humanitarian reasons;
(B) during the 36-month period that begins with the
month the alien began applying for asylum, who is
applying for, or has been granted, asylum in the United
States; or
(C) during the 36-month period that begins with the
first month the alien entered the United States as a
Cuban-Haitian entrant or otherwise became a Cuban-
Haitian entrant, who entered the United States after
October 31, 1979, and is in the United States
classified as a Cuban-Haitian entrant.
Sec. 13132. Basic educational services grants
(a) Grants.--The Secretary of Education shall make a grant to each
state educational agency for each fiscal year to assist local
educational agencies of the State in providing basic educational
services for eligible participants enrolled in the elementary and
secondary public schools under the jurisdiction of the local
educational agencies of the State. The state educational agency may use
the grant only as provided in its application approved under section
13135(b) of this title.
(b) Applications.--To receive a grant under this section, the state
educational agency must submit an application to the Secretary. In the
application, the state educational agency must--
(1) agree that payments under the grant will be used as
provided in subsection (a) of this section;
(2) agree to ensure that those payments will be allocated
among the local educational agencies in the State using the
same formula and reductions for the local educational agencies
as the Secretary is required to use in making allocations to
state educational agencies under subsection (d) of this
section;
(3) specify the amounts referred to in subsection (d) of this
section that are made available under other laws of the United
States for expenditure in the State for the same purpose for
which an amount is made available under this section and the
local educational agencies to which those amounts are
available; and
(4) comply with section 13135(a) of this title.
(c) Prescribing Grant Formula.--As soon as possible, the Secretary
shall prescribe a formula to be used in determining the amount of the
grant to which each state educational agency (except the agencies for
American Samoa, Guam, the Northern Mariana Islands, the Republic of
Palau, the Republic of the Marshall Islands, the Federated States of
Micronesia, and the Virgin Islands) is entitled under this section for
a fiscal year. The formula shall be based on the full amount authorized
under section 13139(b) of this title. In prescribing the formula, the
Secretary--
(1) shall consider--
(A) the number of years each eligible participant
assisted under this section has resided in the United
States; and
(B) the relative costs, by grade level, of educating
elementary and secondary school children; and
(2) shall provide that amounts be allocated without regard to
differences in educational costs among different geographical
areas.
(d) Allocations.--The Secretary shall allocate the amount
appropriated to carry out this section for a fiscal year among the
state educational agencies (except the agencies for American Samoa,
Guam, the Northern Mariana Islands, the Republic of Palau, the Republic
of the Marshall Islands, the Federated States of Micronesia, and the
Virgin Islands). Except as provided in section 13136 of this title, the
amount of the grant to which an agency is entitled under this section
for a fiscal year is equal to the amount allocated to it under the
formula, reduced by the amounts available for that fiscal year under
other laws of the United States for expenditure in the State for the
same purpose for which an amount is made available under this section.
However, the reduction shall be made only to the extent the amounts are
available under the other laws--
(1) for that purpose specifically because the individuals
served by the amounts have refugee, parolee, or asylum status;
and
(2) to assist individuals eligible for services under this
section.
(e) Grant Amounts for Territories and Possessions.--The amounts of
the grants to which the state educational agencies of American Samoa,
Guam, the Northern Mariana Islands, the Republic of Palau, the Republic
of the Marshall Islands, the Federated States of Micronesia, and the
Virgin Islands are entitled under this section are the amounts the
Secretary determines they need based on criteria the Secretary
prescribes. The total amount of those grants for a period may not be
more than one percent of the amount authorized to be appropriated to
carry out this section during the period. If the total of the amounts
the Secretary determines those agencies need is more than one percent,
the amount of the grant to each of those agencies is reduced
proportionately so that the total is not more than one percent.
Sec. 13133. Supplementary educational services grants
(a) Definitions.--In this section--
(1) ``enrolled eligible participant in the State'' means an
eligible participant enrolled in an elementary or secondary
public school under the jurisdiction of a qualified local
educational agency in the State or in an elementary or
secondary nonpublic school in the district served by a
qualified local educational agency in the State.
(2) ``qualified local educational agency'' means a local
educational agency that during the fiscal year for which a
grant is to be made under this section, has enrolled in the
elementary and secondary public schools under its jurisdiction
and in the elementary and secondary nonpublic schools in the
district it serves a number of eligible participants receiving
supplementary educational services during the fiscal year at
least equal to the lesser of--
(A) 500; or
(B) 5 percent of the total number of students
enrolled in those public or nonpublic schools during
that fiscal year.
(b) General Authority.--(1) The Secretary of Education shall make a
grant, as provided in this subchapter, to each state educational agency
for each fiscal year to provide supplementary educational services for
enrolled eligible participants in the State. Those services include--
(A) services necessary to enable eligible participants to
perform satisfactorily, including--
(i) instruction in English;
(ii) other bilingual educational services; and
(iii) special materials and supplies;
(B) additional basic instructional services directly
attributable to the presence of eligible participants in the
school districts, including--
(i) additional classroom supplies;
(ii) overhead;
(iii) construction;
(iv) acquiring or renting space; and
(v) transportation; and
(C) special inservice training of personnel who will provide
the instructional services described in clauses (A) and (B) of
this paragraph.
(2) The state educational agency may use the grant only as provided
in its application as approved under section 13135(b) of this title.
(c) Applications.--To receive a grant under this section, a state
educational agency must submit an application to the Secretary. In the
application, the state educational agency must--
(1) agree to administer, or supervise the administration of,
the educational programs, services, and activities paid for
under this section;
(2) agree to ensure that payments under the grant will be
used as provided in subsection (b) of this section;
(3) agree to ensure that those payments will be allocated
among the local educational agencies in the State using the
same formula and reductions for the local educational agencies
as the Secretary is required to use in making allocations to
state educational agencies under subsection (d) of this
section;
(4) specify the amounts referred to in subsection (d)(2) of
this section that are made available under other laws of the
United States to agencies or other entities for educational or
education-related services or activities in the State because
of a significant concentration of eligible participants and the
local educational agencies that have jurisdiction over
elementary and secondary public schools, or that serve
elementary and secondary nonpublic schools, in which are
enrolled eligible participants who receive services paid for by
those amounts;
(5) agree to ensure the Secretary that--
(A) to the extent consistent with the number of
eligible participants enrolled in elementary and
secondary nonpublic schools in the district served by a
local educational agency, the local educational agency,
after consulting with the appropriate officials of the
schools, will provide secular, neutral, and
nonideological materials, equipment, and services
necessary to educate those eligible participants;
(B) a public agency will--
(i) administer the amounts provided under
this section for the materials, equipment, and
services referred to in subclause (A) of this
clause; and
(ii) own and administer property that is
repaired, remodeled, or constructed with those
amounts;
(C) those amounts will not be commingled with state
or local money; and
(D) a public agency will provide to each of those
elementary or secondary nonpublic schools the services
referred to in subclause (A) of this clause through--
(i) officers and employees under the control
of the agency; or
(ii) a contract with a person or agency that
is under the control of the public agency and,
when providing the services, is independent of
the school and of any religious organization;
and
(6) comply with section 13135(a) of this title.
(d) Allocations.--(1) The Secretary shall allocate the amount
appropriated to carry out this section for a fiscal year among the
state educational agencies (except the agencies for American Samoa,
Guam, the Northern Mariana Islands, the Republic of Palau, the Republic
of the Marshall Islands, the Federated States of Micronesia, and the
Virgin Islands). Except as provided in this section and section 13136
of this title, the amount of the grant to which an agency is entitled
under this section for a fiscal year is equal to the sum of--
(A) the product of--
(i) the number of aliens who are enrolled eligible
participants in the State, during the period for which
the determination of that number is made, and who have
been eligible participants less than one year;
multiplied by
(ii) $700;
(B) the product of--
(i) the number of aliens who are enrolled eligible
participants in the State, during the period for which
the determination is made, and who have been eligible
participants at least one year but not more than 2
years; multiplied by
(ii) $500; and
(C) the product of--
(i) the number of aliens who are enrolled eligible
participants in the State, during the period for which
the determination is made, and who have been eligible
participants more than 2 years but not more than 3
years; multiplied by
(ii) $300.
(2) If amounts are available for a fiscal year under other laws of
the United States to agencies or other entities for educational or
education-related services or activities in the State because of a
significant concentration of eligible participants, the amount of the
grant under paragraph (1) of this subsection for that fiscal year is
reduced by those amounts.
(e) Reallocation of Unused Amounts.--When the Secretary determines
that a part of a payment made to a state educational agency under this
section for a fiscal year will not be used by the agency to carry out
the purpose for which the payment was made, the Secretary shall make
that part available to another state educational agency to the extent
the Secretary decides the other agency can use the additional amount to
carry out the purpose. An amount made available under this subsection
to a state educational agency from an appropriation for a fiscal year
is deemed in this section to be a part of the grant (as determined
under subsection (d) of this section) to that agency for that fiscal
year, and remains available until the end of the next fiscal year.
(f) Grant Amounts for Territories and Possessions.--The amounts of
the grants to which the state educational agencies of American Samoa,
Guam, the Northern Mariana Islands, the Republic of Palau, the Republic
of the Marshall Islands, the Federated States of Micronesia, and the
Virgin Islands are entitled under this section are the amounts the
Secretary determines they need based on criteria the Secretary
prescribes. The total amount of those grants for a period may not be
more than one percent of the amount authorized to be appropriated to
carry out this section during the period. If the total of the amounts
the Secretary determines those agencies need is more than one percent,
the amount of the grant to each of those agencies is reduced
proportionately so that the total is not more than one percent.
(g) Providing Assistance to Nonpublic Schools When State Does Not.--
If a State is prohibited by law from providing materials, equipment,
and services for children enrolled in elementary and secondary
nonpublic schools as required by subsection (c)(5) of this section, or
if the Secretary decides that a local educational agency has failed
substantially to or will not provide for the participation on an
equitable basis of eligible participants enrolled in those schools, the
Secretary--
(1) may waive the requirements of subsection (c)(5) of this
section; and
(2) subject to the other requirements of this subchapter,
shall arrange that materials, equipment, and services be
provided for those eligible participants.
Sec. 13134. Adult education program grants
(a) General Authority.--(1) The Secretary of Education shall make a
grant, as provided in this subchapter, to each state educational agency
for each fiscal year to be used to provide adult education programs to
eligible participants at least 16 years of age in need of the services
and not enrolled in an elementary or secondary public school under the
jurisdiction of a local educational agency. The grant may be used for--
(A) programs of instruction--
(i) to teach the eligible participants basic reading
and mathematics;
(ii) to develop and enhance skills needed by the
eligible participants; and
(iii) to promote literacy among the eligible
participants;
(B) administrative costs of planning and operating the
programs referred to in clause (A) of this paragraph;
(C) educational support services needed by the eligible
participants, including services to guide and counsel the
eligible participants about educational, career, and employment
opportunities; and
(D) special projects designed to operate with existing
programs and activities that develop occupational and related
skills, particularly programs authorized under the Job Training
Partnership Act (29 U.S.C. 1501 et seq.) or the Carl D. Perkins
Vocational and Applied Technology Education Act (20 U.S.C. 2301
et seq.).
(2) The state educational agency may use the grant only as provided
in its application as approved under section 13135(b) of this title.
(b) Applications.--To receive a grant under this section, the state
educational agency must submit an application to the Secretary. In the
application, the state educational agency must--
(1) agree that payments under the grant will be used as
provided in subsection (a) of this section;
(2) agree to make periodic reports to the Secretary
evaluating the effectiveness of those payments;
(3) specify the amounts referred to in subsection (c)(2) of
this section that are made available under other laws of the
United States for expenditure in the State for the same purpose
for which an amount is made available under this section; and
(4) comply with section 13135(a) of this title.
(c) Allocations.--(1) The Secretary shall allocate the amount
appropriated to carry out this section for a fiscal year among the
state educational agencies (except the agencies for American Samoa,
Guam, the Northern Mariana Islands, the Republic of Palau, the Republic
of the Marshall Islands, the Federated States of Micronesia, and the
Virgin Islands). Except as provided in paragraph (2) of this subsection
and section 13136 of this title, the amount of the grant to which an
agency is entitled under this section for a fiscal year is equal to the
product of--
(A) the number of eligible participants at least 16 years of
age who, during the period for which the determination of that
number is made, are enrolled in programs of instruction
described in subsection (a)(1)(A) of this section and offered
in the State, but who are not enrolled in elementary and
secondary public schools under the jurisdiction of local
educational agencies; multiplied by
(B) $300.
(2) If amounts are available for a fiscal year under other laws of
the United States for expenditure in the State for the same purpose for
which an amount is made available under this section, the amount of the
grant under paragraph (1) of this subsection for that fiscal year is
reduced by those amounts. However, the reduction is made only to the
extent the amounts are available under the other laws--
(A) for that purpose specifically because the individuals
served by the amounts have refugee, parolee, or asylum status;
and
(B) to assist individuals eligible for services under this
section.
(d) Methods of Providing Programs.--(1) A state educational agency
may provide adult education programs directly or may make grants to, or
contracts with, local educational agencies, public agencies, and
private nonprofit organizations to provide the programs. The state
educational agency shall review an application for a grant or contract
under this subsection in a way that is consistent with the purposes of
section 381 of the Adult Education Act (20 U.S.C. 1213).
(2) The state educational agency shall use the grant it receives
under this section in a way that enables the maximum number of eligible
participants at least 16 years of age residing in the State to receive
education under the programs of instruction described in subsection
(a)(1)(A) of this section.
(e) Grant Amounts for Territories and Possessions.--The amounts of
the grants to which the state educational agencies of American Samoa,
Guam, the Northern Mariana Islands, the Republic of Palau, the Republic
of the Marshall Islands, the Federated States of Micronesia, and the
Virgin Islands are entitled under this section are the amounts the
Secretary determines they need based on criteria the Secretary
prescribes. The total amount of those grants for a period may not be
more than one percent of the amount authorized to be appropriated to
carry out this section during the period. If the total of the amounts
the Secretary determines those agencies need is more than one percent,
the amount of the grant to each of those agencies is reduced
proportionately so that the total is not more than one percent.
Sec. 13135. Applications
(a) Requirements.--(1) In its application for a grant under this
subchapter, a state educational agency must agree--
(A) to ensure that it will not disapprove finally any part of
a local educational agency's application for an amount of a
grant to the state educational agency under section 13132,
13133, or 13134 of this title without giving the local
educational agency reasonable notice and opportunity for a
hearing; and
(B) to make reports the Secretary of Education reasonably
requires to carry out this subchapter.
(2) The state educational agency must submit an application at the
time, in the way, and containing or accompanied by information, the
Secretary requires.
(b) Approval.--The Secretary shall approve an application meeting the
requirements of this section and section 13132, 13133, or 13134 of this
title, as the case may be. The Secretary may not disapprove finally an
application without giving the applicant reasonable notice and
opportunity for a hearing on the record.
Sec. 13136. Use of estimated information and consultation with other
agencies
(a) Use of Estimates.--When actual satisfactory information is not
available, the Secretary of Education shall use estimates to determine
for any period the number of eligible participants and the amount of a
reduction required under section 13132(d), 13133(d)(2), or 13134(c)(2)
of this title. A determination based on an overestimate or
underestimate may not deprive a state educational agency of any part of
the amount the agency would be entitled to receive under this
subchapter if the determination were based on accurate information.
(b) Consultation With Other Agencies.--To the extent it will make it
easier to determine the amount of a reduction required under section
13132(d), 13133(d)(2), or 13134(c)(2) of this title, the Secretary
shall consult with the heads of other agencies providing assistance to
eligible participants--
(1) to obtain information about the amounts those agencies
disburse for educational purposes under programs the agency
heads administer; and
(2) when feasible, to coordinate the programs those agency
heads administer and the programs under this subchapter.
Sec. 13137. State administrative costs
The Secretary of Education may pay each state educational agency an
amount equal to the amount the agency expends in carrying out its
duties and powers properly and efficiently under this subchapter.
However, the total payments for a period may not be more than 2 percent
of the amount the agency receives for the period under this subchapter.
Sec. 13138. Withholding payments
(a) Authority to Withhold.--When the Secretary of Education decides
that a state educational agency receiving payments under section 13132,
13133, or 13134 of this title, or a local educational agency or other
entity receiving payments from the state educational agency under
section 13134, is not complying with a requirement of this subchapter
that applies to the section, the Secretary, until satisfied that there
is no longer a failure to comply--
(1) shall stop making payments to the state educational
agency under section 13132, 13133, or 13134 of this title; or
(2) may prohibit the state educational agency from making
payments under section 13134 of this title to the local
educational agency or other entity that is causing, or involved
in, the failure.
(b) Notice and Opportunity for Hearing.--The Secretary--
(1) may act under subsection (a) of this section only after
giving the state educational agency reasonable notice and
opportunity for a hearing; and
(2) shall notify the state educational agency of the action
the Secretary is taking under subsection (a) of this section.
Sec. 13139. Authorization of appropriations and allocation of total
amount appropriated
(a) General Authorization of Appropriations.--Amounts necessary to
make grants to each state educational agency under this subchapter and
to pay for administrative costs under section 13137 of this title may
be appropriated for the fiscal year ending September 30, 19____. The
amounts shall be appropriated in a lump sum for all programs under this
subchapter.
(b) Authorization of Appropriations for Basic Public Educational
Services Grants.--To make grants to state educational agencies in the
way provided under this section, an amount may be appropriated under
subsection (a) of this section for each fiscal year equal to the
product of--
(1) the number of eligible participants enrolled in
elementary or secondary public schools under the jurisdiction
of local educational agencies in all States (except American
Samoa, Guam, the Northern Mariana Islands, the Republic of
Palau, the Republic of the Marshall Islands, the Federated
States of Micronesia, and the Virgin Islands) during the fiscal
year for which the determination of that number is made;
multiplied by
(2) $400.
(c) Allocations of Appropriations.--(1) If the amounts appropriated
for a fiscal year to make grants under this subchapter are not enough
to pay the total amount of the grants to which state educational
agencies are entitled under sections 13132-13134 of this title for the
fiscal year, the allocation to each agency under each of those sections
shall be ratably reduced so that the total of the allocations is not
more than the amounts appropriated.
(2) Allocations reduced under paragraph (1) of this subsection shall
be increased on the same basis that they were reduced if amounts later
become available to make grants under this subchapter for the period.
SUBCHAPTER III--CUBAN AND HAITIAN ENTRANTS
Sec. 13151. Definition
In this subchapter, ``Cuban or Haitian entrant'' means--
(1) an alien granted parole status as a Cuban/Haitian Entrant
(Status Pending) or granted another special status later
established under law for nationals of Cuba or Haiti, without
regard to the status of the alien when assistance is provided
under this subchapter; and
(2) any other national of Cuba or Haiti--
(A)(i) paroled into the United States who has not
acquired another status under this title;
(ii) who is the subject of removal proceedings under
this title; or
(iii) having an application for asylum pending before
the Attorney General; and
(B) about whom a final, nonappealable, and legally
enforceable removal order has not been entered.
Sec. 13152. Presidential authority
The President has the same duties and powers related to a Cuban or
Haitian entrant as the duties and powers vested under subchapter I of
this chapter. Those duties and powers apply to assistance and services
provided to a Cuban or Haitian entrant at any time after the entrant's
arrival in the United States, including periods before October 10,
1980. The President may provide by regulation that benefits granted
under a law of the United States (except this title) to an individual
admitted to the United States under section 5105 of this title shall be
provided in the same way and to the same extent to a Cuban or Haitian
entrant.
Sec. 13153. General assistance
(a) Types of Assistance.--Under the direction of the President, any
agency may provide assistance (including materials, supplies,
equipment, work, services, or facilities) for the processing, care,
security, transportation, and initial reception and placement in the
United States of a Cuban or Haitian entrant on terms the President
prescribes. The President may direct the head of a federal department,
agency, or instrumentality to detail personnel (on a reimbursable or
nonreimbursable basis) for temporary duty with another federal
department, agency, or instrumentality that the President has directed
to supervise or manage assistance under this section.
(b) Reimbursement.--Amounts to carry out this section--
(1) shall be used to reimburse state governments and
political subdivisions for expenses incurred in providing
assistance under subsection (a) of this section; and
(2) may be used to reimburse a federal department, agency, or
instrumentality providing assistance under subsection (a) of
this section.
(c) Application of National Environmental Policy Act of 1969.--The
carrying out of a duty or power under this section is not a major
action of the Federal Government significantly affecting the quality of
the human environment under the National Environmental Policy Act of
1969 (42 U.S.C. 4321 et seq.).
(d) Availability of Appropriations.--Amounts--
(1) appropriated under section 13112 of this title are
available to carry out this subchapter; and
(2) available to carry out this subchapter remain available
until expended.
CHAPTER 133--INTERNATIONAL PARTICIPATION AND EMERGENCY ASSISTANCE
Sec.
13301. Participation in International Organization for Migration.
13302. Contributions to international organizations.
13303. Assistance to further foreign policy interests.
13304. Assistance to refugee women and children.
13305. Assistance for unexpected urgent needs.
13306. Allocation, transfer, availability, and accounting of amounts.
13307. Audits.
13308. Administrative.
Sec. 13301. Participation in International Organization for Migration
The President may continue United States membership in the
International Organization for Migration. To assist in the movement of
refugees and migrants and to enhance the economic progress of the
developing countries by providing for a coordinated supply of a
selected labor force, amounts necessary to pay for the Federal
Government's contribution to the Organization and necessary salaries
and expenses incident to the Government's participation in the
Organization may be appropriated.
Sec. 13302. Contributions to international organizations
The President may make contributions to--
(1) the activities of the United Nations High Commissioner
for Refugees for assistance to or for refugees and other
persons assisted by the Commissioner;
(2) the International Organization for Migration;
(3) the International Committee of the Red Cross for
assistance to or for refugees; and
(4) other international organizations for assistance to or
for refugees.
Sec. 13303. Assistance to further foreign policy interests
The President may provide assistance to or for refugees outside the
United States designated by the President when the President decides
that the assistance will contribute to the foreign policy interests of
the United States. The President shall designate the refugees by class,
group, countries of origin, or areas of residence.
Sec. 13304. Assistance to refugee women and children
(a) Standards.--(1) In providing for overseas assistance and
protection of refugees and displaced persons, the Federal Government
shall seek to address the protection and provision of basic needs of
women and children who represent 80 percent of the world's refugee
population.
(2) In accordance with the 1991 United Nations High Commissioner for
Refugees Guidelines on the Protection of Refugee Women, the Secretary
of State, working directly, through international organizations, or
through nongovernmental voluntary organizations, shall seek to ensure
that--
(A) the United Nations and relief organizations pay specific
attention to recruiting and hiring female protection officers;
(B) gender awareness training is carried out for security
personnel and other field staff;
(C) refugee women and children are protected from violence
and abuse by governments or insurgent groups;
(D) women refugees are fully involved in planning and
carrying out--
(i) the delivery of services and assistance; and
(ii) the repatriation process;
(E) education on and access to services in reproductive
health, birth spacing, and other maternal and child health
needs are incorporated into refugee health services and
education;
(F) victims of rape, domestic violence, and other violence
and abuse have available to them--
(i) protective services;
(ii) grievance processes; and
(iii) counseling and other services;
(G) educational programs are provided to refugee women, with
special emphasis on female heads of households, in--
(i) literacy and numeracy;
(ii) vocational and income generating skills; and
(iii) other training to promote self-sufficiency;
(H) all refugee children receive education, ensuring equal
access for girls, and that family tracing and other special
services are provided for unaccompanied refugee minors;
(I) information clearly enumerating age and gender be
collected so that appropriate health, education, and assistance
programs can be planned;
(J) more women program professionals are recruited, hired,
and trained in the international humanitarian field; and
(K) training is provided to program staff of the Commissioner
and nongovernmental voluntary organizations on gender-awareness
and carrying out the Guidelines.
(b) Procedures.--The Secretary should adopt specific procedures to
ensure that all recipients of Government amounts for refugee and
migration assistance carry out the standards outlined in subsection (a)
of this section.
(c) Requirements for Refugee and Migration Assistance.--In providing
refugee and migration assistance, the Secretary should support the
protection efforts of this section by raising at the highest levels of
government the issue of abuses against refugee women and children by
governments or insurgent groups that engage in, allow, or condone--
(1) a pattern of gross violations of internationally
recognized human rights, such as torture or cruel, inhumane, or
degrading treatment or punishment, prolonged detention without
charges, or other flagrant denial to life, liberty, and bodily
security;
(2) the blockage of humanitarian relief assistance;
(3) gender-specific persecution such as systematic individual
or mass rape, forced pregnancy, forced abortion, enforced
prostitution, or any form of indecent assault or act of
violence against refugee women, girls, and children; or
(4) continuing violations of bodily integrity against refugee
women and children by armed insurgents, local security forces,
or camp guards.
(d) Investigation of Reports.--On receipt of credible reports of
abuses under subsection (c) of this section, the Secretary should--
(1) investigate the reports immediately through emergency
fact-finding missions or other means; and
(2) help identify appropriate remedial measures.
(e) Multinational Implementation of the Guidelines.--The Secretary
should work to--
(1) ensure that multilateral organizations completely
incorporate the needs of refugee women and children into all
elements of refugee assistance programs; and
(2) encourage other governments providing refugee assistance
to adopt policies designed to encourage that the Guidelines be
carried out completely.
Sec. 13305. Assistance for unexpected urgent needs
(a) General Authority.--The President may provide assistance to meet
unexpected urgent refugee and migration needs on terms the President
prescribes when the President decides the assistance is important to
the interests of the United States.
(b) United States Emergency Refugee and Migration Assistance Fund.--
There is a United States Emergency Refugee and Migration Assistance
Fund to carry out this section. Amounts necessary for the Fund may be
appropriated to the President. However, an amount may not be
appropriated that, when added to amounts previously appropriated and
not obligated, would cause the total amount in the Fund to be more than
$100,000,000. Amounts appropriated remain available until expended.
(c) Justification of Appropriations.--When the President requests an
appropriation under this section, the President shall justify the
request to the Committee on Foreign Relations of the Senate, the
Speaker of the House of Representatives, and the Committees on
Appropriations of the Senate and House of Representatives.
Sec. 13306. Allocation, transfer, availability, and accounting of
amounts
(a) Allocation and Transfer.--The President may allocate or transfer
to a federal department, agency, or instrumentality an amount available
to carry out this chapter. The amount is available for obligation and
expenditure for the purpose for which the amount originally was made
available under this chapter or under authority governing the
activities of the federal department, agency, or instrumentality to
which the amount was allocated or transferred. An amount allocated or
transferred may be carried in a separate appropriation account of the
Treasury.
(b) Purposes For Which Amounts Are Available.--(1) An amount made
available under this chapter may be used for--
(A) pay, allowances, and travel of personnel, including
members of the Foreign Service whose services are used
primarily in carrying out this chapter, without regard to any
other law, that may be necessary to carry out this chapter;
(B) printing and binding, expenditure outside the United
States for supplies and services, and administrative and
operating purposes except pay, without regard to a law or
regulation governing the obligation and expenditure of amounts
of the Government, that may be necessary to carry out this
chapter;
(C) employment and assignment of members of the Foreign
Service serving under limited appointments when carrying out
this chapter;
(D) the exchange of amounts without regard to loss by
exchanges;
(E) making contracts for personal services outside the United
States;
(F) expenses authorized by the Foreign Service Act of 1980
(22 U.S.C. 3901 et seq.) not otherwise provided for;
(G) expenses authorized by the State Department Basic
Authorities Act of 1956 (22 U.S.C. 2651a, 2669 et seq.); and
(H) other expenses the President decides are necessary to
carry out this chapter.
(2) An individual employed by contract with amounts made available
under paragraph (1)(E) of this subsection is not an employee of the
Government under any law carried out by the Director of the Office of
Personnel Management. However, the Secretary of State may apply to that
individual--
(A) section 2(f) of the State Department Basic Authorities
Act of 1956 (22 U.S.C. 2669(f)); and
(B) any other law carried out by the Secretary as that law is
related to employment of individuals by contract to perform
personal services outside the United States.
(3) An individual receiving amounts under this section may provide
administrative assistance to personnel assigned to a bureau charged
with carrying out this chapter.
Sec. 13307. Audits
Amounts may be made available under this chapter or any other law to
the United Nations High Commissioner for Refugees only if--
(1) an annual program audit will be conducted to determine
the use of those amounts, including the use by implementing
partners; and
(2) the audit will be made available through the Secretary of
State for inspection by the Comptroller General.
Sec. 13308. Administrative
(a) Authority of the President.--To carry out this chapter, the
President may--
(1) make loans, advances, and grants to, and agreements with,
a person, government or government agency in or outside the
United States, and international and intergovernmental
organizations;
(2) accept and use money, property, and services made
available to carry out this chapter; and
(3) provide assistance and make contributions,
notwithstanding another provision of law that restricts
assistance to foreign countries.
(b) Waiver.--If the President decides that it carries out this
chapter, the President may waive a provision of law on making, carrying
out, and modifying contracts and on expenditures of the Federal
Government.
(c) Delegation of Duties and Powers.--If the President delegates to
an officer under section 301 of title 3 a duty or power of the
President under this chapter, the President also may authorize the
officer to redelegate the duty or power to a subordinate officer or
employee of the officer. However, the President may not authorize the
redelegation of the waiver authority under subsection (b) of this
section.
(d) Informing Congressional Committees.--The President shall keep
appropriate committees of Congress currently informed on the use of
expenditures and the exercise of duties and powers under this chapter.
CHAPTER 135--IMMIGRANT EDUCATION ASSISTANCE
Sec.
13501. Findings and purpose.
13502. Definitions and application.
13503. Enhanced instructional opportunities.
13504. Applications.
13505. State allocations.
13506. Grants to local educational agencies.
13507. Providing assistance to nonpublic schools when local educational
agency does not.
13508. State administrative costs.
13509. Withholding payments.
13510. Reports.
Sec. 13501. Findings and purpose
(a) Findings.--Congress finds that--
(1) the education of the children and youth of the United
States is one of the most sacred government responsibilities;
(2) local educational agencies have struggled to finance
education services adequately;
(3) in Plyler v. Doe, 457 U.S. 202 (1982), the Supreme Court
held that States have a responsibility under the Equal
Protection Clause of the Constitution to educate all children,
regardless of immigration status; and
(4) only the Federal Government is responsible for
immigration policy.
(b) Purpose.--The purpose of this chapter is to assist eligible local
educational agencies that experience unexpectedly large increases in
their student population due to immigration to--
(1) provide high-quality instruction to immigrant children
and youth; and
(2) help immigrant children and youth--
(A) with their transition into American society; and
(B) meet the same challenging state performance
standards expected of all children and youth.
Sec. 13502. Definitions and application
(a) Definitions.--In this chapter--
(1) the definitions in section 14101 of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 8801) apply, except
``local educational agency'' and ``Secretary''.
(2) ``immigrant children and youth'' has the same meaning
given that term in section 7501 of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 7601).
(3) ``local educational agency'' has the same meaning given
that term in section 14101 of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 8801), except that it includes
only an agency for which the number of immigrant children and
youth enrolled in public elementary and secondary schools under
its jurisdiction and in nonpublic elementary and secondary
schools in the district it serves, during the fiscal year for
which a grant is to be made under this chapter, is at least
equal to the lesser of--
(A) 500; or
(B) 3 percent of the total number of students
enrolled in those public or nonpublic schools during
that fiscal year.
(b) Application.--Sections 7404 and 7502(a) and parts B-H of title
XIV of the Elementary and Secondary Education Act of 1965 (20 U.S.C.
7574, 7602(a), 8821 et seq.) apply to this chapter.
Sec. 13503. Enhanced instructional opportunities
(a) Payments To Provide Enhanced Instructional Opportunities.--The
Secretary of Education shall make payments, as provided in this
chapter, to state educational agencies for each of the fiscal years
ending September 30, 1995-1999, for the purpose stated in section
13501(b) of this title by paying for enhanced instructional
opportunities for immigrant children and youth.
(b) Opportunities Included.--The enhanced instructional opportunities
referred to in subsection (a) of this section include--
(1) family literacy, parent outreach, and training activities
designed to assist parents to become active participants in the
education of their children;
(2) salaries of personnel, including teacher aides who have
been trained specifically, or are being trained, to provide
services to immigrant children and youth;
(3) tutorials, mentoring, and academic or career counseling
for immigrant children and youth;
(4) identifying and acquiring curricular materials,
educational software, and technologies to be used in the
program;
(5) basic instructional services directly attributable to the
presence in the school district of immigrant children and
youth, including the cost of providing additional classroom
supplies, overhead costs, costs of construction, acquisition,
or rental of space, transportation costs, or other costs
directly attributable to these additional basic instructional
services; and
(6) other activities related to the purpose of this chapter
that the Secretary may authorize.
Sec. 13504. Applications
(a) Requirements.--To receive a payment under this chapter for a
fiscal year, a state educational agency must submit an application to
the Secretary of Education at the time, in the way, and containing or
accompanied by information the Secretary requires. In the application,
the state educational agency must agree--
(1) to administer, or supervise the administration of, the
educational programs, services, and activities paid for under
this chapter;
(2) to ensure that payments under this chapter will be used
for the purposes described in sections 13501(b) and 13503 of
this title, including a description of how local educational
agencies receiving amounts under this chapter will--
(A) use the amounts to meet those purposes; and
(B) coordinate with other programs assisted under the
Goals 2000: Educate America Act (20 U. S. C. 5801 et
seq.), the Elementary and Secondary Education Act of
1965 (20 U.S.C. 6301 et seq.), and other appropriate
acts;
(3) to ensure that local educational agencies receiving
amounts under this chapter will coordinate the use of those
amounts with programs assisted under title I or part A of title
VII of the Elementary and Secondary Education Act of 1965 (20
U.S.C. 6301 et seq., 7401 et seq.);
(4) to ensure that those payments (except payments received
under section 13506(a) of this title) will be allocated among
the local educational agencies in the State so that each agency
receives an amount based on the number of immigrant children
and youth counted for that agency under section 13505(a)(1) of
this title;
(5) to ensure that it will not disapprove finally any part of
a local educational agency's application for an amount under
this chapter without giving the local educational agency
reasonable notice and opportunity for a hearing;
(6) to make reports the Secretary requires to carry out this
chapter;
(7) to ensure that--
(A) to the extent consistent with the number of
immigrant children and youth enrolled in nonpublic
elementary and secondary schools in the district served
by a local educational agency, the local educational
agency, after consulting with the appropriate officials
of the schools, will provide for the benefit of those
children and youth secular, neutral, and nonideological
services, materials, and equipment necessary to educate
those children and youth;
(B) a public agency will--
(i) control and administer amounts provided
under this chapter; and
(ii) own and administer materials, equipment,
and property that is repaired, remodeled, or
constructed with those amounts;
(C) amounts under this clause (7) will not be
commingled with state or local amounts; and
(D) a public agency will provide immigrant children
and youth in nonpublic elementary or secondary schools
the services referred to in subclause (A) of this
clause through--
(i) employees under the control and
supervision of the agency; or
(ii) a contract with a person or agency that
is under the control and supervision of the
public agency and, when providing the services,
is independent of the school and of any
religious organization;
(8) to award amounts reserved under section 13506(a) of this
title on a competitive basis based on merit and need as
provided in section 13506(a); and
(9) to ensure that state and local educational agencies
receiving amounts under this chapter will comply with the
requirements of section 1120(b) of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 6321(b)).
(b) Approval.--The Secretary shall review all applications submitted
under subsection (a) of this section and shall approve any application
that meets the requirements of subsection (a). The Secretary shall
disapprove any application not meeting those requirements but may not
disapprove finally an application without giving the applicant
reasonable notice, technical assistance, and an opportunity for a
hearing.
(c) Notification of Amount Approved.--Not later than June 1 of each
year, the Secretary shall notify each state educational agency that has
an application approved of the amount of the agency's allocation under
section 13505(a) of this title for the next fiscal year.
Sec. 13505. State allocations
(a) Allocations.--The Secretary of Education shall allocate the
amount appropriated to carry out this chapter for a fiscal year among
the state educational agencies. Except as provided in this section, of
the amount appropriated for each fiscal year for this chapter, each
state participating in the program assisted under this chapter shall
receive an allocation equal to the proportion of--
(1) the number of immigrant children and youth enrolled in
public elementary and secondary schools under the jurisdiction
of the local educational agencies of the State and in nonpublic
elementary and secondary schools in the districts served by the
local educational agencies of the State; relative to
(2) the total number of immigrant children and youth
similarly enrolled in all the States participating in the
program assisted under this chapter.
(b) Determining Number of Immigrant Children and Youth.--(1) The
Secretary shall determine the number of immigrant children and youth
for a state educational agency under this section based on information
or estimates provided by the agency under criteria prescribed by the
Secretary. However, after notice and opportunity for a hearing, the
Secretary may disregard information or estimates that the Secretary
decides are clearly erroneous.
(2) A determination under this subsection based on an overestimate or
underestimate may not deprive a state educational agency of the
allocation the State otherwise would have received under this chapter
if the determination were based on accurate information.
(c) Reallocation of Unused Amounts.--When the Secretary determines
that a part of a payment made to a state educational agency under this
chapter for a fiscal year will not be used by the agency to carry out
the purpose for which the payment was made, the Secretary shall make
that part available to one or more state educational agencies to the
extent the Secretary decides the other agencies can use the additional
amount to carry out the purpose. An amount made available under this
subsection to a state educational agency from an appropriation for a
fiscal year is deemed in this chapter to be a part of the payment (as
determined under subsection (a) of this section) to that agency for
that fiscal year, and remains available until the end of the next
fiscal year.
Sec. 13506. Grants to local educational agencies
(a) Distribution by State Educational Agencies.--(1) If the amount
appropriated to carry out this chapter is more than $50,000,000 for a
fiscal year, a state educational agency may reserve not more than 20
percent of the agency's payment under this chapter for that year to
award grants to local educational agencies in the State. The grants
shall be awarded on a competitive basis.
(2)(A) At least one-half of the grants shall be made available to
local educational agencies that have the highest numbers and
percentages of immigrant children and youth.
(B) Amounts reserved under this subsection and not made available
under paragraph (2)(A) of this subsection may be distributed to local
educational agencies in the State that are experiencing a sudden influx
of immigrant children and youth but otherwise are not eligible for
assistance under this chapter.
(b) Use of Grant.--A local educational agency receiving a grant under
subsection (a) of this section shall use the grant to carry out the
activities described in section 13503(b) of this title.
(c) Consortia.--A local educational agency receiving a grant under
this chapter may collaborate or form a consortium with one or more
local educational agencies, institutions of higher education, and
nonprofit organizations to carry out the program described in an
application approved under this chapter.
(d) Subgrants.--With the approval of the Secretary of Education, a
local educational agency receiving a grant under this chapter may make
a subgrant to, or a contract with, an institution of higher education,
a nonprofit organization, or a consortium of institutions of higher
education or nonprofit organizations to carry out a program described
in an application approved under this chapter, including a program to
serve out-of-school youth.
(e) Distribution of Information.--Local educational agencies
receiving amounts under subsection (a) of this section that have the
highest number of immigrant children and youth may make information on
serving immigrant children and youth available to local educational
agencies in the State with sparse numbers of immigrant children and
youth.
(f) Simultaneous Service of Immigrant Children and Youth.--This
chapter does not prohibit a local educational agency from serving, in
the same educational setting where appropriate, immigrant children and
youth simultaneously with students with similar educational needs.
Sec. 13507. Providing assistance to nonpublic schools when local
educational agency does not
(a) General Authority.--If a local educational agency is prohibited
by law from providing educational services for children and youth
enrolled in nonpublic elementary and secondary schools as required by
section 13504(a)(7) of this title, or if the Secretary of Education
decides that a local educational agency has failed substantially to, or
will not, provide for the participation on an equitable basis of
children and youth enrolled in those schools, the Secretary--
(1) may waive the requirements of section 13504(a)(7) of this
title; and
(2) subject to the other requirements of this chapter, shall
arrange for educational services to be provided for those
children and youth.
(b) Waiver Requirements.--A waiver under this section is subject to
consultation, withholding, notice, and judicial review requirements as
provided in title I of the Elementary and Secondary Education Act of
1965 (20 U.S.C. 6301 et seq.).
Sec. 13508. State administrative costs
For any fiscal year, a state educational agency may reserve not more
than 1.5 percent of the amount allocated to the agency under section
13505(a) of this title to pay the costs of its administrative duties
and powers under this chapter.
Sec. 13509. Withholding payments
(a) Authority To Withhold.--When the Secretary of Education decides
that a state educational agency receiving payments under this chapter,
or a local educational agency receiving payments from the state
educational agency, is not complying with a requirement of this
chapter, the Secretary, until satisfied that there is no longer a
failure to comply, shall--
(1) stop making payments to the state educational agency
under this chapter; or
(2) prohibit the state educational agency from making
payments under this chapter to the local educational agency
that is causing, or involved in, the failure.
(b) Notice and Opportunity for Hearing.--The Secretary--
(1) may act under subsection (a) of this section only after
giving the state educational agency reasonable notice and
opportunity for a hearing; and
(2) shall notify the state educational agency of the action
the Secretary is taking under subsection (a) of this section.
Sec. 13510. Reports
(a) Reports by State Educational Agencies.--Each state educational
agency receiving amounts under this chapter shall submit a report once
every 2 years to the Secretary of Education on the expenditure of
amounts by local educational agencies under this chapter. Each local
educational agency receiving amounts under this chapter shall submit to
the state educational agency information necessary for the report.
(b) Reports by the Secretary.--The Secretary shall submit a report
once every 2 years to the appropriate committees of Congress about
programs assisted under this chapter as provided in section 14701 of
the Elementary and Secondary Education Act of 1965 (20 U.S.C. 8941).
CHAPTER 137--REIMBURSEMENT FOR COSTS OF IMPRISONING CUBAN NATIONALS AND
ILLEGAL ALIENS
Sec.
13701. Payment of costs of imprisoning certain Cuban nationals.
13702. Reimbursement of costs of imprisoning certain Cuban nationals
and illegal aliens.
13703. Limitation.
Sec. 13701. Payment of costs of imprisoning certain Cuban nationals
(a) Payments to States and Counties.--The Attorney General shall pay
a State or county for costs incurred by the State or county in
imprisoning, during the fiscal year for which payment is made, a Cuban
national who--
(1) was paroled into the United States in 1980 by the
Attorney General;
(2) after being paroled, violated a state or county law for
which a term of imprisonment was imposed; and
(3) at the time of the parole and violation, was not lawfully
admitted for permanent residence or not admitted under an
immigrant or nonimmigrant visa issued under this title.
(b) Applications for Payments.--For a State or county to be paid
under this section, the chief executive officer of the State or county
shall submit an application to the Attorney General, under regulations
prescribed by the Attorney General. The application shall contain--
(1) the number and names of Cuban nationals for whose
imprisonment the State or county is entitled to be paid; and
(2) other information the Attorney General requires.
(c) Reduction if Appropriations Insufficient.--For each fiscal year,
the Attorney General shall make payment under this section to States
and counties the Attorney General decides are eligible under this
section. However, if amounts appropriated for the fiscal year to carry
out this section are not sufficient to make all payments, each payment
shall be ratably reduced so that the total of the payments equals the
amount appropriated.
(d) Policy on Return of Cuban Nationals.--It is the policy of the
Federal Government that the President, in consultation with the
Attorney General, other appropriate federal officials, and appropriate
state and county chief executive officers referred to in subsection (b)
of this section, shall place top priority on seeking the expeditious
removal from the United States and return by any responsible means to
Cuba of Cuban nationals described in subsection (a) of this section.
Sec. 13702. Reimbursement of costs of imprisoning certain Cuban
nationals and illegal aliens
(a) General.--The Attorney General shall reimburse a State for costs
incurred by the State in imprisoning any of the following Cuban
nationals and illegal aliens convicted by the State of a felony:
(1) a Cuban national who--
(A) was paroled into the United States in 1980 by the
Attorney General;
(B) after being paroled, violated a state or local
law for which a term of imprisonment was imposed; and
(C) at the time of parole and violation, was not
lawfully admitted for permanent or temporary residence
or not admitted under an immigrant or nonimmigrant visa
issued under this title.
(2) an illegal alien who is in the United States unlawfully
and--
(A) whose most recent entry into the United States
was without inspection; or
(B) who was admitted to the United States as a
nonimmigrant and whose--
(i) period of authorized stay as a
nonimmigrant expired before the date of
committing the crime for which the illegal
alien was convicted; or
(ii) unlawful status was known to the Federal
Government before the date of committing the
crime for which the alien was convicted.
(b) Regulations.--The Attorney General shall prescribe regulations--
(1) providing eligibility requirements for States seeking
reimbursement under subsection (a) of this section;
(2) requiring that States seeking reimbursement under
subsection (a) of this section verify the eligible incarcerated
population data with the Commissioner of Immigration and
Naturalization;
(3) providing a formula for distributing assistance under
subsection (a) of this section to eligible States; and
(4) awarding assistance to eligible States.
Sec. 13703. Limitation
The Attorney General may expend amounts under this chapter in a
fiscal year only to the extent and in the amount provided in advance by
an appropriation law.
PART B--RESTRICTIONS
CHAPTER 151--RESTRICTING WELFARE AND PUBLIC BENEFITS FOR ALIENS
SUBCHAPTER I--GENERAL
Sec.
15101. Policy.
15102. Definitions.
15103. Guidance issued by Attorney General.
SUBCHAPTER II--FEDERAL PUBLIC BENEFITS
15121. Ineligibility of aliens who are not qualified aliens.
15122. Limited ineligibility of qualified aliens for SSI and food
stamps.
15123. State authorization to determine eligibility of qualified
aliens.
15124. Five-year ineligibility of qualified aliens for federal means-
tested public benefit.
15125. Attribution of sponsor's income and resources to alien in
determining a federal means-tested public benefit.
15126. Derivative eligibility for benefits.
SUBCHAPTER III--STATE AND LOCAL PUBLIC BENEFITS
15141. Definition.
15142. Ineligibility of aliens who are not qualified aliens or
nonimmigrants.
15143. Ineligibility of aliens not lawfully present on basis of
residence for higher education benefits.
15144. State authority to limit eligibility of qualified aliens for
state public benefits.
15145. Authority of States and political subdivisions of States to
limit assistance to aliens and to distinguish among classes of
aliens in providing general cash public assistance.
15146. Attribution of sponsor's income and resources to alien with
respect to state programs.
15147. Authority to verify eligibility for state and local public
benefits.
SUBCHAPTER IV--VERIFICATION AND COMMUNICATION
15161. Verification of eligibility for federal public benefits.
15162. Nonprofit charitable organizations not required to verify
eligibility for federal public benefits or state or local
public benefits.
15163. Communication between state and local governmental entities and
the Immigration and Naturalization Service.
15164. Notification and information reporting.
SUBCHAPTER V--MISCELLANEOUS
15181. Statutory construction.
15182. Qualifying quarters of coverage under the Social Security Act.
15183. Child nutrition programs.
SUBCHAPTER I--GENERAL
Sec. 15101. Policy
Congress makes the following statements concerning national policy
with respect to welfare and immigration:
(1) Self-sufficiency has been a basic principle of United
States immigration law since this country's earliest
immigration statutes.
(2) It continues to be the immigration policy of the Federal
Government that--
(A) aliens within the borders of the United States
not depend on public resources to meet their needs, but
rather rely on their own capabilities and the resources
of their families, their sponsors, and private
organizations; and
(B) the availability of public benefits not
constitute an incentive for immigration to the United
States.
(3) Despite the principle of self-sufficiency, aliens have
been applying for and receiving public benefits from federal,
state, and local governments at increasing rates.
(4) Current eligibility rules for public assistance and
unenforceable financial support agreements have proved wholly
incapable of ensuring that individual aliens not burden the
public benefits system.
(5) It is a compelling government interest to enact new rules
for eligibility and sponsorship agreements in order to ensure
that aliens be self-reliant in accordance with national
immigration policy.
(6) It is a compelling government interest to remove the
incentive for illegal immigration provided by the availability
of public benefits.
(7) With respect to the authority of a State to decide on the
eligibility of a qualified alien for public benefits in this
chapter, a State that chooses to follow the federal
classification in determining the eligibility of the alien for
public assistance shall be considered to have chosen the least
restrictive means available for achieving the compelling
governmental interest of ensuring that aliens be self-reliant
in accordance with national immigration policy.
Sec. 15102. Definitions
(a) Federal Public Benefit.--For purposes of this chapter ``federal
public benefit''--
(1) means--
(A) a grant, contract, loan, professional license, or
commercial license provided by a federal department,
agency, or instrumentality or by appropriated amounts
of the Federal Government; and
(B) a retirement, welfare, health, disability, public
or assisted housing, postsecondary education, food
assistance, unemployment, or other similar benefit for
which payments or assistance are provided to an
individual, household, or family eligibility unit by a
federal department, agency, or instrumentality or by
appropriated amounts of the Government; but
(2) does not apply to--
(A) a contract, professional license, or commercial
license for a nonimmigrant whose visa for entry is
related to such employment in the United States, or to
a citizen of a freely associated state, if section 141
(or a successor provision) of the applicable compact of
free association, approved under the Compact of Free
Association Act of 1985 (48 U.S.C. 1901 et seq.) or
under the Act of November 14, 1986 (48 U.S.C. 1931 et
seq.), is in effect; or
(B) benefits for an alien who, as a work authorized
nonimmigrant or as an alien lawfully admitted for
permanent residence under subtitle II of this title,
qualified for the benefits and for whom the United
States under reciprocal treaty agreements is required
to pay the benefits, as determined by the Attorney
General, after consultation with the Secretary of
State.
(b) Qualified Alien.--For purposes of this chapter, ``qualified
alien'' means an alien who, at the time the alien applies for,
receives, or attempts to receive a federal public benefit, is--
(1) an alien who is lawfully admitted for permanent residence
under subtitle II of this title;
(2) an alien who is granted asylum under section 5106 of this
title;
(3) a refugee who is admitted to the United States under
section 5105 of this title;
(4) an alien who is paroled into the United States under
section 6121 of this title for a period of at least one year;
(5) an alien whose removal is being withheld under section
6716(d) of this title (or whose deportation was withheld under
section 243(h) of the Immigration and Nationality Act as in
effect immediately before April 1, 1997);
(6) an alien who is granted conditional entry under section
203(a)(7) of the Immigration and Nationality Act as that Act
was in effect prior to April 1, 1980;
(7) an alien who is a Cuban or Hatian entrant as defined in
section 13151 of this title; or
(8) except during any period in which an individual
responsible for battery or cruelty resides in the same
household or family eligibility unit as the individual
subjected to the battery or cruelty--
(A)(i) an alien who has been battered or subjected to
extreme cruelty in the United States by a spouse or a
parent, or by a member of the spouse or parent's family
residing in the same household as the alien and the
spouse or parent consented to, or acquiesced in, the
battery or cruelty, but only if (in the opinion of the
agency providing the benefits) there is a substantial
connection between the battery or cruelty and the need
for the benefits to be provided;
(ii) an alien whose child (as defined in section
108(b) of this title) has been battered or subjected to
extreme cruelty in the United States by a spouse or a
parent of the alien (without the active participation
of the alien in the battery or cruelty), or by a member
of the spouse or parent's family residing in the same
household as the alien and the spouse or parent
consented to, or acquiesced in, the battery or cruelty,
and the alien did not actively participate in the
battery or cruelty, but only if (in the opinion of the
agency providing the benefits) there is a substantial
connection between the battery or cruelty and the need
for the benefits to be provided; or
(iii) an alien child who resides in the same
household as a parent who has been battered or
subjected to extreme cruelty in the United States by
that parent's spouse or by a member of the spouse's
family residing in the same household as the parent and
the spouse consented to, or acquiesced in, the battery
or cruelty, but only if (in the opinion of the agency
providing the benefits) there is a substantial
connection between the battery or cruelty and the need
for the benefits to be provided; and
(B) who has been approved or has a petition pending
which sets forth a prima facie case for--
(i) status as a spouse or a child of a United
States citizen under section 4301(a)(2), (3),
or (4) of this title;
(ii) classification under section 4301(a)(6)
or (7) of this title;
(iii) cancellation of removal under--
(I) section 240A of the Immigration
and Nationality Act as in effect prior
to April 1, 1997; or
(II) section 6721(c) of this title;
or
(iv) status as a spouse or child of a United
States citizen under section 4301(a)(1) of this
title or classification under section
4301(a)(5) of this title.
Sec. 15103. Guidance issued by Attorney General
After consultation with the Secretaries of Health and Human Services,
Agriculture, and Housing and Urban Development, the Commissioner of
Social Security, and the heads of federal departments, agencies, or
instrumentalities administering benefits that the Attorney General
considers appropriate, the Attorney General shall issue guidance (in
the Attorney General's sole and unreviewable discretion) for the
purposes of sections 15102(b)(8) and 15125(e) of this title, concerning
the meaning of ``battery'' and ``extreme cruelty'', and the standards
and methods to be used for deciding whether a substantial connection
exists between battery or cruelty suffered and an individual's need for
benefits under a specific federal, state, or local program.
SUBCHAPTER II--FEDERAL PUBLIC BENEFITS
Sec. 15121. Ineligibility of aliens who are not qualified aliens
(a) General.--Except as provided in subsection (b) of this section,
an alien who is not a qualified alien is not eligible for any federal
public benefit.
(b) Exceptions.--(1) Subsection (a) of this section does not apply to
the following federal public benefits:
(A) medical assistance under title XIX of the Social Security
Act (42 U.S.C. 1396 et seq.), or any successor program, for
care and services that are necessary for the treatment of an
alien's emergency medical condition (as defined in section
1903(v)(3) of the Act (42 U.S.C. 1396b(v)(3))) and are not
related to an organ transplant procedure, if the alien involved
otherwise meets the eligibility requirements for medical
assistance under the state plan approved under title XIX,
otherthan the requirement of the receipt of aid or assistance under
title IV of the Act (42 U.S.C. 401 et seq.), supplemental security
income benefits under title XVI of the Act (42 U.S.C. 1381 et seq.), or
a state supplementary payment.
(B) short-term, non-cash, in-kind emergency disaster relief.
(C) public health assistance, not including any assistance
under title XIX of the Social Security Act (42 U.S.C. 1396 et
seq.), for immunizations with respect to immunizable diseases
and for testing and treatment of symptoms of communicable
diseases whether or not such symptoms are caused by a
communicable disease.
(D) programs, services, or assistance (such as soup kitchens,
crisis counseling and intervention, and short-term shelter)
specified by the Attorney General, in the Attorney General's
sole and unreviewable discretion after consultation with the
heads of appropriate federal departments, agencies, and
instrumentalities that--
(i) deliver in-kind services at the community level,
including through public or private nonprofit agencies;
(ii) do not condition the provision of assistance,
the amount of assistance provided, or the cost of
assistance provided on the individual recipient's
income or resources; and
(iii) are necessary for the protection of life or
safety.
(E) programs for housing or community development assistance
or financial assistance administered by the Secretary of
Housing and Urban Development, any program under title V of the
Housing Act of 1949 (42 U.S.C. 1471 et seq.), or any assistance
under section 306C of the Consolidated Farm and Rural
Development Act (7 U.S.C. 1926c), to the extent that the alien
is receiving the benefit on August 22, 1996.
(2) Subsection (a) of this section does not apply to any benefit--
(A) payable under title II of the Social Security Act (42
U.S.C. 401 et seq.) to an alien who is lawfully present in the
United States as determined by the Attorney General;
(B) payable under title II of the Social Security Act (42
U.S.C. 401 et seq.) to which entitlement is based on an
application filed before September 1, 1996;
(C) if nonpayment of the benefit would be contrary to an
international agreement described in section 233 of the Social
Security Act (42 U.S.C. 433); or
(D) if nonpayment of the benefit would be contrary to section
202(t) of the Social Security Act (42 U.S.C. 402(t)).
(3) Subsection (a) of this section does not apply to any benefit
payable under--
(A) title XVIII of the Social Security Act (42 U.S.C. 1395 et
seq.) to an alien--
(i) who is lawfully present in the United States as
determined by the Attorney General; and
(ii) for a benefit payable under Part A of title
XVIII (42 U.S.C. 1395c et seq.), who was authorized to
be employed for any wages attributable to employment
that are counted for eligibility for the benefit; or
(B) the Railroad Retirement Act of 1974 (45 U.S.C. 231 et
seq.), or the Railroad Unemployment Insurance Act (45 U.S.C.
351 et seq.) to an alien who is--
(i) lawfully present in the United States as
determined by the Attorney General; or
(ii) residing outside the United States.
(4) For eligibility for benefits for the programs described in
sections 15122(a)(1) and 15123(a)(1)(C) of this title, subsection (a)
of this section does not apply to an individual who--
(1) is an American Indian born in Canada to whom section 712
of this title applies; or
(2) is a member of an Indian tribe (as defined in section
4(e) of the Indian Self-Determination and Education Assistance
Act (25 U.S.C. 450b(e))).
Sec. 15122. Limited ineligibility of qualified aliens for SSI and food
stamps
(a) General.--Except as otherwise provided in this section, an alien
who is a qualified alien is not eligible for--
(1) the supplemental security income program under title XVI
of the Social Security Act (42 U.S.C. 1381 et seq.),
including--
(A) supplementary payments under an agreement for
federal administration under section 1616(a) of the
Social Security Act (42 U.S.C. 1382e(a)); and
(B) payments under an agreement made under section
212(b) of the Act of July 9, 1973 (42 U.S.C. 1382
note); or
(2) the food stamp program as defined in section 3(h) of the
Food Stamp Act of 1977 (7 U.S.C. 2012(h)).
(b) Exception for Refugees and Asylees.--(1) For the supplemental
security income program described in subsection (a)(1) of this section,
subsection (a) of this section does not apply to an alien until 7 years
after the date described in paragraph (3) of this subsection.
(2) For the food stamp program described in subsection (a)(2) of this
section, subsection (a) of this section does not apply to an alien
until 5 years after the date described in paragraph (3) of this
subsection.
(3) The date referred to in paragraphs (1) and (2) of this subsection
is the date--
(A) the alien is admitted to the United States as a refugee
under section 5105 of this title;
(B) the alien is granted asylum under section 5106 of this
title;
(C) the alien's removal is withheld under section 6716(d) of
this title (or the alien's deportation was withheld under
section 243(h) of the Immigration and Nationality Act as in
effect immediately before April 1, 1997);
(D) the alien is granted status as a Cuban or Hatian entrant
as defined in section 13151 of this title; or
(E) the alien is admitted to the United States under chapter
47 of this title.
(c) Exception for Certain Permanent Resident Aliens.--Subsection (a)
of this section does not apply to an alien who--
(1) is lawfully admitted for permanent residence under
subtitle II of this title; and
(2)(A) has worked 40 qualifying quarters of coverage as
defined under title II of the Social Security Act (42 U.S.C.
401 et seq.) or can be credited with the qualifying quarters as
provided in section 15182 of this title; and
(B) in the case of a qualifying quarter creditable for a
period beginning after December 31, 1996, did not receive any
federal means-tested public benefit (as provided under section
15124 of this title) during the period.
(d) Exception for Veterans and Active Duty Personnel.--Subsection (a)
of this section does not apply to an alien who is lawfully residing in
any State and is--
(1) a veteran (as defined in section 101, 1101, or 1301 of
title 38, or as described in section 107 of title 38), with a
discharge characterized as an honorable discharge and not on
account of alienage, who fulfills the minimum active duty
service requirements of section 5303A(d) of title 38;
(2) on active duty (except active duty for training) in the
armed forces of the United States; or
(3)(A) the spouse or unmarried dependent child of an
individual described in clause (1) or (2) of this subsection;
or
(B) the unremarried surviving spouse of an individual
described in clause (1) or (2) of this subsection who is
deceased, if the marriage fulfills the requirements of section
1304 of title 38.
(e) Exception for Aliens Who Were Receiving SSI on August 22, 1996.--
For eligibility for benefits under the supplemental security income
program described in subsection (a)(1) of this section, subsection (a)
of this section does not apply to an alien who--
(1) is lawfully residing in the United States; and
(2) was receiving such benefits on August 22, 1996.
(f) Exception for Disabled Aliens Who Were Lawfully Residing in the
United States on August 22, 1996.--For eligibility for benefits under
the supplemental security income program described in subsection (a)(1)
of this section, subsection (a) of this section does not apply to an
alien who--
(1) was lawfully residing in the United States on August 22,
1996; and
(2) is blind or disabled, as defined in section 1614(a)(2) or
1614(a)(3) of the Social Security Act (42 U.S.C. 1382c(a)(3)).
(g) SSI Exception for Certain Indians.--For eligibility for benefits
under the supplemental security income program described in subsection
(a)(1) of this section, subsection (a) of this section does not apply
to an individual who--
(1) is an American Indian born in Canada to whom section 712
of this title applies; or
(2) is a member of an Indian tribe (as defined in section
4(e) of the Indian Self-Determination and Education Assistance
Act (25 U.S.C. 450b(e))).
(h) SSI Exception for Applications Filed Before 1979.--For
eligibility for benefits under the supplemental security income program
described in subsection (a)(1) of this section, subsection (a) of this
section does not apply to an individual--
(1) who is receiving the benefits for months after July 1996,
on the basis of an application filed before January 1, 1979;
and
(2) for whom the Commissioner of Social Security lacks clear
and convincing evidence of ineligibility for benefits under
this section.
(i) Transition for Aliens Currently Receiving SSI.--(1) During the
period from August 22, 1996, through September 30, 1998, the
Commissioner of Social Security shall redetermine the eligibility of
each individual who, as of August 22, 1996, was receiving benefits
under the program described in subsection (a)(1) of this section and
whose eligibility for the benefits may terminate by reason of this
section.
(2) For a redetermination under paragraph (1) of this subsection, the
Commissioner of Social Security shall apply the eligibility criteria
for new applicants for benefits.
(3) For an individual described in paragraph (1) of this subsection,
this section, and the redetermination of eligibility under paragraph
(1) of this subsection, shall only apply to benefits for months
beginning after September 30, 1998.
(j) Transition for Aliens Currently Receiving Food Stamps.--(1) For
the food stamp program as defined in section 3(h) of the Food Stamp Act
of 1977 (7 U.S.C. 2012(h)), ineligibility under subsection (a)(2) of
this section does not apply until April 1, 1997, to an alien who
received benefits under the program on August 22, 1996, unless the
alien is determined to be ineligible to receive benefits under the Food
Stamp Act of 1977 (7 U.S.C. 2011 et seq.).
(2) The state agency shall recertify the eligibility of all aliens
described in paragraph (1) of this subsection during the period from
April 1, 1997, through August 22, 1997. For a recertification under
this paragraph, the state agency shall apply the eligibility criteria
for applicants for benefits under the program.
(3) This section and the recertification under paragraph (2) of this
section shall only apply to the eligibility of an alien for a program
for months beginning on or after the date of recertification, if on
August 22, 1996, the alien is--
(A) lawfully residing in a State; and
(B) receiving benefits under the program.
Sec. 15123. State authorization to determine eligibility of qualified
aliens
(a) General.--(1) Except as otherwise provided in this section and
section 15124 of this title, a State may determine the eligibility of
an alien who is a qualified alien for--
(A) the program of block grants to States for temporary
assistance for needy families under part A of title IV of the
Social Security Act (42 U.S.C. 601 et seq.);
(B) the program of block grants to States for social services
under title XX of the Act (42 U.S.C. 1397 et seq.); and
(C) a state plan approved under title XIX of the Act (42
U.S.C. 1396 et seq.), except medical assistance described in
section 15121(b)(1)(A) of this title.
(2) Qualified aliens under subsections (b)-(f) of this section are
eligible for the programs described in paragraph (1) of this
subsection.
(b) Exception for Refugees and Asylees.--(1) For the program
described in subsection (a)(1)(C) of this section, subsection (a)(1) of
this section does not apply to a qualified alien until 7 years after
the date described in paragraph (3) of this subsection.
(2) For the programs described in subsection (a)(1) (A) and (B) of
this section, subsection (a)(1) of this section does not apply to an
alien until 5 years after the date described in paragraph (3) of this
subsection.
(3) The date referred to in paragraphs (1) and (2) of this subsection
is the date--
(A) the alien is admitted to the United States as a refugee
under section 5105 of this title;
(B) the alien is granted asylum under section 5106 of this
title;
(C) the alien's removal is withheld under section 6716(d) of
this title (or the alien's deportation was withheld under
section 243(h) of the Immigration and Nationality Act as in
effect immediately before April 1, 1997);
(D) the alien is granted status as a Cuban or Hatian entrant
as defined in section 13151 of this title; or
(E) the alien is admitted to the United States under chapter
47 of this title.
(c) Exception for Certain Permanent Resident Aliens.--Subsection
(a)(1) of this section does not apply to a qualified alien who--
(1) is lawfully admitted for permanent residence under
subtitle II of this title; and
(2)(A) has worked 40 qualifying quarters of coverage as
defined under title II of the Social Security Act (42 U.S.C.
401 et seq.) or can be credited with the qualifying quarters as
provided in section 15182 of this title; and
(B) in the case of a qualifying quarter creditable for a
period beginning after December 31, 1996, did not receive any
federal means-tested public benefit (as provided under section
15124 of this title) during the period.
(d) Exception for Veterans and Active Duty Personnel.--Subsection
(a)(1) of this section does not apply to a qualified alien who is
lawfully residing in any State and is--
(1) a veteran (as defined in section 101, 1101, or 1301 of
title 38, or as described in section 107 of title 38) with a
discharge characterized as an honorable discharge and not on
account of alienage, who fulfills the minimum active duty
service requirements of section 5303A(d) of title 38;
(2) on active duty (except active duty for training) in the
armed forces of the United States; or
(3)(A) the spouse or unmarried dependent child of an
individual described in clause (1) or (2) of this subsection;
or
(B) the unremarried surviving spouse of an individual
described in clause (1) or (2) of this subsection who is
deceased, if the marriage fulfills the requirements of section
1304 of title 38.
(e) Exception for Certain Indians.--For eligibility for benefits for
the program described in subsection (a)(1)(C) of this section,
subsection (a)(1) of this section does not apply to an individual who--
(1) is an American Indian born in Canada to whom section 712
of this title applies; or
(2) is a member of an Indian tribe (as defined in section
4(e) of the Indian Self-Determination and Education Assistance
Act (25 U.S.C. 450b(e))).
(f) Medicaid Exception for Aliens Receiving SSI.--An alien who is
receiving benefits under the program described in section 15122(a)(1)
of this title is eligible for medical assistance under a state plan
under title XIX of the Social Security Act (42 U.S.C. 1396 et seq.) on
the same terms that apply to other recipients of benefits under the
program described in section 15122(a)(1).
Sec. 15124. Five-year ineligibility of qualified aliens for federal
means-tested public benefit
(a) General.--Except as provided in this section, an alien who is a
qualified alien and who enters the United States after August 21, 1996,
is not eligible for any federal means-tested public benefit for 5 years
beginning on the date of the alien's entry into the United States with
a status within the meaning of qualified alien.
(b) Exception for Certain Assistance and Benefits.--Subsection (a) of
this section does not apply to the following assistance and benefits:
(1) medical assistance described in section 15121(b)(1)(A) of
this title.
(2) short-term, non-cash, in-kind emergency disaster relief.
(3) assistance or benefits under the National School Lunch
Act (42 U.S.C. 1751 et seq.).
(4) assistance or benefits under the Child Nutrition Act of
1966 (42 U.S.C. 1771 et seq.).
(5) public health assistance, not including assistance under
title XIX of the Social Security Act (42 U.S.C. 1396 et seq.),
for immunizations with respect to immunizable diseases and for
testing and treatment of symptoms of communicable diseases
whether or not such symptoms are caused by a communicable
disease.
(6) payments for foster care and adoption assistance under
parts B and E of title IV of the Social Security Act (42 U.S.C.
620 et seq. and 670 et seq.) for a parent or a child who would,
in the absence of subsection (a) of this section, be eligible
to have the payments made on the child's behalf, but only if
the foster or adoptive parent of the child is a qualified
alien.
(7) programs, services, or assistance (such as soup kitchens,
crisis counseling and intervention, and short-term shelter)
specified by the Attorney General, in the Attorney General's
sole and unreviewable discretion after consultation with the
heads of appropriate federal departments, agencies, and
instrumentalities, that--
(A) deliver in-kind services at the community level,
including through public or private nonprofit agencies;
(B) do not condition the provision of assistance, the
amount of assistance provided, or the cost of
assistance provided on the individual recipient's
income or resources; and
(C) are necessary for the protection of life or
safety.
(8) programs of student assistance under titles IV, V, IX,
and X of the Higher Education Act of 1965 (20 U.S.C. 1070 et
seq., 1101 et seq., 1134 et seq., 1135 et seq.), and titles
III, VII, and VIII of the Public Health Service Act (42 U.S.C.
241 et seq., 292 et seq., 296 et seq.).
(9) means-tested programs under the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 6301 et seq.).
(10) benefits under the Head Start Act (42 U.S.C. 9831 et
seq.).
(11) benefits under the Job Training Partnership Act (29
U.S.C. 1501 et seq.).
(c) Exception for Refugees and Asylees.--Subsection (a) of this
section does not apply to an alien--
(1) who is admitted to the United States as a refugee under
section 5105 of this title;
(2) who is granted asylum under section 5106 of this title;
(3) whose removal is being withheld under section 6716(d) of
this title (or whose deportation was withheld under section
243(h) of the Immigration and Nationality Act as in effect
immediately before April 1, 1997);
(4) who is granted status as a Cuban or Hatian entrant as
defined in section 13151 of this title; or
(5) who is admitted to the United States under chapter 47 of
this title.
(d) Exception for Veterans and Active Duty Personnel.--Subsection (a)
of this section does not apply to an alien who is lawfully residing in
any State and is--
(1) a veteran (as defined in section 101, 1101, or 1301 of
title 38, or as described in section 107 of title 38) with a
discharge characterized as an honorable discharge and not on
account of alienage, who fulfills the minimum active duty
service requirements of section 5303A(d) of title 38;
(2) on active duty (except active duty for training) in the
armed forces of the United States; or
(3)(A) the spouse or unmarried dependent child of an
individual described in clause (1) or (2) of this subsection;
or
(B) the unremarried surviving spouse of an individual
described in clause (1) or (2) of this subsection who is
deceased, if the marriage fulfills the requirements of section
1304 of title 38.
(e) Exception for Certain Indians.--For the programs specified in
sections 15122(a)(1) and 15123(a)(1)(C) of this title, subsection (a)
of this section does not apply to an individual described in section
15122(g) of this title.
Sec. 15125. Attribution of sponsor's income and resources to alien in
determining a federal means-tested public benefit
(a) In General.--In determining the eligibility and the amount of
benefit of an alien for any federal means-tested public benefit (as
provided under section 15124 of this title), the income and resources
of the alien are deemed to include the following:
(1) The income and resources of any individual who executed
an affidavit of support under section 6331 of this title on
behalf of the alien.
(2) The income and resources of the spouse (if any) of the
individual described in clause (1) of this subsection.
(b) Duration of Attribution Period.--Subsection (a) of this section
applies to an alien until the alien--
(1) achieves United States citizenship through naturalization
under chapter 203 of this title; or
(2)(A) has worked 40 qualifying quarters of coverage as
defined under title II of the Social Security Act (42 U.S.C.
401 et seq.) or can be credited with the qualifying quarters as
provided in section 15182 of this title; and
(B) in the case of a qualifying quarter creditable for a
period beginning after December 31, 1996, did not receive any
federal means-tested public benefit (as provided under section
15124 of this title) during the period.
(c) Review of Income and Resources of Alien On Reapplication.--The
applicable agency shall review the income and resources attributed to
an alien under subsection (a) of this section, when the alien is
required to reapply for benefits under any federal means-tested public
benefits program.
(d) Indigence Exception.--(1) For an alien for whom an affidavit of
support under section 6331 of this title has been executed, if a
determination described in paragraph (2) of this subsection is made,
the amount of income and resources of the sponsor or the sponsor's
spouse which is attributed to the sponsored alien may not exceed the
amount actually provided for the 12-month period beginning on the date
of the determination.
(2) A determination described in this paragraph is a determination by
an agency that a sponsored alien would, in the absence of the
assistance provided by the agency, be unable to obtain food and
shelter, taking into account the alien's own income, plus any cash,
food, housing, or other assistance provided by other individuals,
including the sponsor. The agency shall notify the Attorney General of
each determination, including the names of the sponsor and the
sponsored alien involved.
(e) Special Rule for Battered Spouse and Child.--(1) Subject to
paragraph (2) of this subsection and notwithstanding any other
provision of this section, subsection (a) does not apply to benefits--
(A) during a 12-month period if the alien demonstrates that--
(i)(I) the alien has been battered or subjected to
extreme cruelty in the United States by a spouse or a
parent, or by a member of the spouse or parent's family
residing in the same household as the alien and the
spouse or parent consented to, or acquiesced in, the
battery or cruelty;
(II) the alien's child has been battered or subjected
to extreme cruelty in the United States by the spouse
or parent of the alien (without the active
participation of the alien in the battery or cruelty),
or by a member of the spouse's or parent's family
residing in the same household as the alien when the
spouse or parent consented to, or acquiesced in, and
the alien did not actively participate in, the battery
or cruelty; or
(III) the alien is a child whose parent (who resides
in the same household as the alien child) has been
battered or subjected to extreme cruelty in the United
States by that parent's spouse, or by a member of the
spouse's family residing in the same household as the
parent and the spouse consented to, or acquiesced in,
the battery or cruelty; and
(ii) the battery or cruelty (in the opinion of the
agency providing the public benefits, which opinion is
not subject to review by any court) has a substantial
connection to the need for the public benefits applied
for; and
(B) after a 12-month period (regarding the batterer's income
and resources only) if the alien demonstrates that--
(i) the battery or cruelty under subclause (A) of
this paragraph has been recognized in an order of a
judge or administrative law judge or a prior
determination of the Immigration and Naturalization
Service; and
(ii) the battery or cruelty (in the opinion of the
agency providing the public benefits, which opinion is
not subject to review by any court) has a substantial
connection to the need for the benefits.
(2) Paragraph (1) of this subsection does not apply to benefits for
an alien during any period in which the individual responsible for the
battery or cruelty resides in the same household or family eligibility
unit as the individual who was subjected to the battery or cruelty.
Sec. 15126. Derivative eligibility for benefits
An alien who is ineligible under this chapter for benefits under the
food stamp program (as described in section 15122(a)(2) of this title)
is not eligible for the benefits because the alien receives benefits
under the supplemental security income program (as described in section
15122(a)(1) of this title).
SUBCHAPTER III--STATE AND LOCAL PUBLIC BENEFITS
Sec. 15141. Definition
For purposes of this subchapter ``state or local public benefit''--
(1) means--
(A) a grant, contract, loan, professional license, or
commercial license provided by an agency of a state or
local government or by appropriated amounts of a state
or local government; and
(B) a retirement, welfare, health, disability, public
or assisted housing, postsecondary education, food
assistance, unemployment, or other similar benefit for
which payments or assistance are provided to an
individual, household, or family eligibility unit by an
agency of a state or local government or by
appropriated amounts of a state or local government;
but
(2) does not apply to--
(A) a contract, professional license, or commercial
license for a nonimmigrant whose visa for entry is
related to such employment in the United States, or to
a citizen of a freely associated state, if section 141
(or a successor provision) of the applicable compact of
free association, approved under the Compact of Free
Association Act of 1985 (48 U.S.C. 1901 et seq.) or
under the Act of November 14, 1986 (48 U.S.C. 1931 et
seq.), is in effect;
(B) benefits for an alien who, as a work authorized
nonimmigrant or as an alien lawfully admitted for
permanent residence under subtitle II of this title,
qualified for the benefits and for whom the United
States under reciprocal treaty agreements is required
to pay the benefits, as determined by the Secretary of
State, after consultation with the Attorney General; or
(C) any federal public benefit under section 15102(a)
of this title.
Sec. 15142. Ineligibility of aliens who are not qualified aliens or
nonimmigrants
(a) General.--Except as provided in this section, an alien is not
eligible for any state or local public benefit if the alien is not--
(1) a qualified alien;
(2) a nonimmigrant under this title; or
(3) an alien who is paroled into the United States under
section 6121 of this title for less than one year.
(b) Exceptions.--Subsection (a) of this section does not apply with
respect to the following state or local public benefits:
(1) assistance for health care items and services that are
necessary for the treatment of an emergency medical condition
(as defined in section 1903(v)(3) of the Social Security Act
(42 U.S.C. 1396b(v)(3))) of the alien involved and are not
related to an organ transplant procedure.
(2) short-term, non-cash, in-kind emergency disaster relief.
(3) public health assistance for immunizations with respect
to immunizable diseases and for testing and treatment of
symptoms of communicable diseases whether or not such symptoms
are caused by a communicable disease.
(4) programs, services, or assistance (such as soup kitchens,
crisis counseling and intervention, and short-term shelter)
specified by the Attorney General, in the Attorney General's
sole and unreviewable discretion after consultation with the
heads of appropriate federal departments, agencies, and
instrumentalities, that--
(A) deliver in-kind services at the community level,
including through public or private nonprofit agencies;
(B) do not condition the provision of assistance, the
amount of assistance provided, or the cost of
assistance provided on the individual recipient's
income or resources; and
(C) are necessary for the protection of life or
safety.
(c) State Authority To Provide for Eligibility of Illegal Aliens for
State and Local Public Benefits.--A State may provide that an alien who
is not lawfully present in the United States is eligible for a state or
local public benefit for which the alien would otherwise be ineligible
under subsection (a) of this section only through the enactment, after
August 22, 1996, of a state law which affirmatively provides for the
eligibility.
Sec. 15143. Ineligibility of aliens not lawfully present on basis of
residence for higher education benefits
An alien who is not lawfully present in the United States is not
eligible on the basis of residence within a State or a political
subdivision of a State for any postsecondary education benefit provided
after June 30, 1998, unless a national of the United States is eligible
for the benefit (in no less an amount, duration, and scope) without
regard to whether the national is a resident of the State or a
political subdivision of the State.
Sec. 15144. State authority to limit eligibility of qualified aliens
for state public benefits
(a) General.--Except as provided in this section, a State may
determine the eligibility for any state public benefit of an alien who
is--
(1) a qualified alien;
(2) a nonimmigrant under this title; or
(3) an alien who is paroled into the United States under
section 6121 of this title for less than one year.
(b) Exception for Refugees and Asylees.--A qualified alien is
eligible for any state public benefit--
(1) until 5 years after the date--
(A) the alien is admitted to the United States as a
refugee under section 5105 of this title;
(B) the alien is granted asylum under section 5106 of
this title;
(C) the alien's removal is withheld under section
6716(d) of this title (or the alien's deportation was
withheld under section 243(h) of the Immigration and
Nationality Act as in effect immediately before April
1, 1997); or
(D) the alien is granted status as a Cuban or Hatian
entrant as defined in section 13151 of this title; or
(2) if the alien is admitted to the United States under
chapter 47 of this title.
(c) Exception for Certain Permanent Resident Aliens.--A qualified
alien is eligible for any state public benefit if the alien--
(1) is lawfully admitted for permanent residence under
subtitle II of this title; and
(2)(A) has worked 40 qualifying quarters of coverage as
defined under title II of the Social Security Act (42 U.S.C.
401 et seq.) or can be credited with the qualifying quarters as
provided in section 15182 of this title; and
(B) in the case of a qualifying quarter creditable for a
period beginning after December 31, 1996, did not receive any
federal means-tested public benefit (as provided under section
15124 of this title) during the period.
(d) Exception for Veterans and Active Duty Personnel.--A qualified
alien is eligible for any state public benefit if the alien is lawfully
residing in any State and is--
(1) a veteran (as defined in section 101, 1101, or 1301 of
title 38, or as described in section 107 of title 38) with a
discharge characterized as an honorable discharge and not on
account of alienage, who fulfills the minimum active duty
service requirements of section 5303A(d) of title 38;
(2) on active duty (except active duty for training) in the
armed forces of the United States; or
(3)(A) the spouse or unmarried dependent child of an
individual described in clause (1) or (2) of this subsection;
or
(B) the unremarried surviving spouse of an individual
described in clause (1) or (2) of this subsection who is
deceased, if the marriage fulfills the requirements of section
1304 of title 38.
Sec. 15145. Authority of States and political subdivisions of States to
limit assistance to aliens and to distinguish among
classes of aliens in providing general cash public
assistance
(a) General.--Subject to subsection (b) of this section, a State or
political subdivision of a State may prohibit or otherwise limit or
restrict the eligibility of aliens or classes of aliens for programs of
general cash public assistance furnished under the law of the State or
a political subdivision of a State.
(b) Limitation.--The authority provided for under subsection (a) of
this section may be exercised only to the extent that any prohibitions,
limitations, or restrictions imposed by a State or political
subdivision of a State are not more restrictive than the prohibitions,
limitations, or restrictions imposed under comparable federal programs.
For purposes of this section, attribution to an alien of a sponsor's
income and resources (as described in section 15125 of this title) for
purposes of determining eligibility for, and the amount of, benefits
shall be considered less restrictive than a prohibition of eligibility
for those benefits.
Sec. 15146. Attribution of sponsor's income and resources to alien with
respect to state programs
(a) Optional Application to State Programs.--Except as provided in
subsection (b) of this section, in determining the eligibility and the
amount of benefits of an alien for any state or local public benefits,
the State or political subdivision that offers the benefits may provide
that the income and resources of the alien shall be deemed to include
the income and resources of--
(1) an individual who executed an affidavit of support on
behalf of the alien under section 6331 of this title; and
(2) the spouse of an individual described in clause (1) of
this subsection.
(b) Exceptions.--Subsection (a) of this subsection does not apply
with respect to the following state or local public benefits:
(1) assistance described in section 15142(b)(1) of this
title.
(2) short-term, non-cash, in-kind emergency disaster relief.
(3) programs comparable to assistance or benefits under the
National School Lunch Act (42 U.S.C. 1751 et seq.).
(4) programs comparable to assistance or benefits under the
Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.).
(5) public health assistance for immunizations with respect
to immunizable diseases and for testing and treatment of
symptoms of communicable diseases whether or not the symptoms
are caused by a communicable disease.
(6) payments for foster care and adoption assistance.
(7) programs, services, or assistance (such as soup kitchens,
crisis counseling and intervention, and short-term shelter)
specified by the Attorney General of a State, after
consultation with the heads of appropriate departments,
agencies, and instrumentalities, that--
(A) deliver in-kind services at the community level,
including through public or private nonprofit agencies;
(B) do not condition the provision of assistance, the
amount of assistance provided, or the cost of
assistance provided on the individual recipient's
income or resources; and
(C) are necessary for the protection of life or
safety.
Sec. 15147. Authority to verify eligibility for State and local public
benefits
A State or political subdivision of a State may require an applicant
for a state or local public benefit to provide proof of eligibility.
SUBCHAPTER IV--VERIFICATION AND COMMUNICATION
Sec. 15161. Verification of eligibility for federal public benefits
(a) In General.--(1)(A) No later than February 22, 1998, the Attorney
General, after consultation with the Secretary of Health and Human
Services, shall prescribe regulations requiring verification that an
individual applying for a federal public benefit, to which the
limitation under section 15121(a) and (b)(1)-(3) of this title applies,
is a qualified alien and is eligible to receive the benefit. The
regulations, to the extent feasible, shall require that information
requested and exchanged be similar in form and manner to information
requested and exchanged under section 1137 of the Social Security Act
(42 U.S.C. 1320b-7).
(B) No later than November 3, 1997, the Attorney General, after
consultation with the Secretary, shall issue interim verification
guidance.
(2) No later than February 22, 1998, the Attorney General, in
consultation with the Secretary, shall also establish procedures for an
individual applying for a federal public benefit to provide proof of
citizenship in a fair and nondiscriminatory manner.
(3) No later than November 3, 1997, the Attorney General shall
prescribe regulations that set forth the procedures by which a state or
local government, for purposes of determining whether the alien is
eligible for benefits under section 15142 of this title, can verify
whether an alien applying for a state or local public benefit is a
qualified alien, a nonimmigrant under this title, or an alien paroled
into the United States under section 6121 of this title for less than
one year.
(b) State Compliance.--No later than 24 months after the date the
regulations described in subsection (a) are adopted, a State that
administers a program that provides a federal public benefit shall have
in effect a verification system that complies with the regulations.
Sec. 15162. Nonprofit charitable organizations not required to verify
eligibility for federal public benefits or State or
local public benefits
Subject to section 15161(a) of this title, a nonprofit charitable
organization, in providing any federal public benefit or any state or
local public benefit (as defined in section 15141 of this title), is
not required under this chapter to determine, verify, or otherwise
require proof of eligibility of any applicant for the benefits.
Sec. 15163. Communication between State and local governmental entities
and the Immigration and Naturalization Service
Notwithstanding any other provision of federal, state, or local law,
a state or local governmental entity may not be prohibited, or in any
way restricted, from sending to, or receiving from, the Immigration and
Naturalization Service information about the immigration status, lawful
or unlawful, of an alien in the United States.
Sec. 15164. Notification and information reporting
Each federal department, agency, or instrumentality that administers
a program to which subchapter II of this chapter applies shall,
directly or through the States, post information and provide general
notification to the public and to program recipients of changes in
program eligibility under subchapter II.
SUBCHAPTER V--MISCELLANEOUS
Sec. 15181. Statutory construction
(a) Limitation.--(1) Nothing in this chapter may be construed as an
entitlement or a determination of an individual's eligibility or
fulfillment of the requisite requirements for any federal, state, or
local governmental program, assistance, or benefits. For purposes of
this chapter, eligibility relates only to the general issue of
eligibility or ineligibility on the basis of alienage.
(2) Nothing in this chapter may be construed as addressing alien
eligibility for a basic public education as determined by the Supreme
Court in Plyler v. Doe, 457 U.S. 202 (1982).
(b) Applicable Only to Aliens Present in United States.--The
limitations on eligibility for benefits under this chapter do not apply
to the eligibility for benefits of an alien who is not residing, or
present, in the United States with respect to--
(1) wages, pensions, annuities, and other earned payments to
which the alien is entitled resulting from employment, by or on
behalf of a federal, state, or local government agency, that
was not prohibited under this title during the period of the
employment or service; or
(2) benefits under laws administered by the Secretary of
Veterans Affairs.
(c) Not Applicable to Foreign Assistance.--This chapter does not
apply to any federal, state, or local governmental program, assistance,
or benefits provided to an alien under any program of foreign
assistance as determined by the Secretary of State in consultation with
the Attorney General.
Sec. 15182. Qualifying quarters of coverage under the Social Security
Act
(a) Crediting Quarters From Parent or Spouse.--For purposes of this
chapter, in determining the number of qualifying quarters of coverage
under title II of the Social Security Act (42 U.S.C. 401 et seq.), an
alien shall be credited with--
(1) all the qualifying quarters of coverage worked by a
parent of the alien before the date on which the alien attains
18 years of age; and
(2) all the qualifying quarters of coverage worked by the
spouse of the alien during their marriage if--
(A) the alien remains married to the spouse; or
(B) the spouse is deceased.
(b) Limitation.--A qualifying quarter of coverage that is creditable
under title II of the Social Security Act (42 U.S.C. 401 et seq.) for a
period beginning after December 31, 1996, may not be credited to an
alien under subsection (a) of this section if the parent or spouse of
the alien received a federal means-tested public benefit (as provided
under section 15124 of this title) during the period for which the
qualifying quarter is credited.
(c) Authorization To Disclose Information.--Notwithstanding section
6103 of the Internal Revenue Code of 1986 (26 U.S.C. 6103), the
Commissioner of Social Security may disclose quarters of coverage
information about an alien and an alien's spouse or parents to a
government agency for the purposes of this chapter.
Sec. 15183. Child nutrition programs
(a) School Lunch and Breakfast Programs.--Notwithstanding any other
provision of this chapter, an individual who is eligible to receive
free public education benefits under state or local law is not
ineligible to receive benefits provided under the school lunch program
under the National School Lunch Act (42 U.S.C. 1751 et seq.) or the
school breakfast program under section 4 of the Child Nutrition Act of
1966 (42 U.S.C. 1773) on the basis of citizenship, alienage, or
immigration status.
(b) Other Programs.--This chapter does not prohibit or require a
State to provide, to an individual who is not a citizen or a qualified
alien, benefits under any of the following programs or provisions of
law:
(1) Programs (except the school lunch program and the school
breakfast program) under the National School Lunch Act (42
U.S.C. 1751 et seq.) and the Child Nutrition Act of 1966 (42
U.S.C. 1771 et seq.).
(2) Section 4 of the Agriculture and Consumer Protection Act
of 1973 (7 U.S.C. 612c note).
(3) The Emergency Food Assistance Act of 1983 (7 U.S.C. 612c
note).
(4) The food distribution program on Indian reservations
established under section 4(b) of the Food Stamp Act of 1977 (7
U.S.C. 2013(b)).
SUBTITLE V--CITIZENSHIP AND NATIONALITY
Chapter Sec.
CITIZENSHIP AND NATIONALITY AT BIRTH AND COLLECTIVE NATURALIZATION.20101
NATURALIZATION ELIGIBILITY.........................................20301
NATURALIZATION PROCEDURE...........................................20501
LOSS OF NATIONALITY................................................20701
NATIONALITY DOCUMENTS..............................................20901
MISCELLANEOUS......................................................21101
CHAPTER 201--CITIZENSHIP AND NATIONALITY AT BIRTH AND COLLECTIVE
NATURALIZATION
Sec.
20101. Individuals born in the United States.
20102. Individuals born in American Samoa.
20103. Individuals found in the United States or American Samoa.
20104. Individuals born outside the United States and American Samoa.
20105. Individuals born out of wedlock.
20106. Individuals born in the Republic of Panama or the Canal Zone.
20107. Noncitizen Indians born in Alaska after March 29, 1867, and
before June 2, 1924.
20108. Citizens of the Republic of Hawaii and individuals born in
Hawaii after August 11, 1898, and before April 30, 1900.
20109. Individuals residing in or born in Guam after April 10, 1899,
and before August 1, 1950.
20110. Individuals born in Puerto Rico after April 10, 1899, and before
January 13, 1941.
20111. Individuals born in or residing in the Virgin Islands after
January 17, 1917, and before June 28, 1932.
Sec. 20101. Individuals born in the United States
(a) Citizen at Birth.--The following individuals are citizens of the
United States at birth:
(1) An individual born in, and subject to the jurisdiction
of, the United States.
(2) An individual born in the United States to a member of an
Indian, Eskimo, Aleutian, or other aboriginal tribe.
(b) Property Rights Not Affected.--Subsection (a)(2) of this section
does not affect property rights.
Sec. 20102. Individuals born in American Samoa
(a) Citizen at Birth.--An individual born in American Samoa is a
citizen of the United States at birth if one of the individual's
parents is a citizen of the United States who was physically present in
the United States or American Samoa for at least one continuous year
before the individual's birth.
(b) National, but Not Citizen, at Birth.--An individual born in
American Samoa who is not a citizen of the United States at birth under
subsection (a) of this section is a national, but not a citizen, of the
United States at birth.
Sec. 20103. Individuals found in the United States or American Samoa
(a) Citizen at Birth.--An individual of unknown parents found in the
United States before becoming 5 years of age is a citizen of the United
States at birth unless shown, before the individual becomes 21 years of
age, that the individual was not born in the United States.
(b) National, but Not Citizen, at Birth.--An individual of unknown
parents found in American Samoa before becoming 5 years of age is a
national, but not a citizen, of the United States at birth unless
shown, before the individual becomes 21 years of age, that the
individual was not born in American Samoa.
Sec. 20104. Individuals born outside the United States and American
Samoa
(a) Citizen at Birth.--An individual born outside the United States
and American Samoa is a citizen of the United States at birth if--
(1) both parents are citizens of the United States and at
least one parent had a residence in the United States or
American Samoa before the individual's birth;
(2) one parent is a national, but not a citizen, of the
United States and the other parent is a citizen of the United
States who was physically present in the United States or
American Samoa for at least one continuous year before the
individual's birth; or
(3) one parent is an alien and the other parent is a citizen
of the United States who, before the individual's birth, was
physically present in the United States or American Samoa for
at least 5 years, at least 2 of which were after the citizen
parent became 14 years of age.
(b) National, but Not Citizen, at Birth.--(1) An individual born
outside the United States and American Samoa is a national, but not a
citizen, of the United States at birth if--
(A) both parents are nationals, but not citizens, of the
United States who had a residence in the United States or
American Samoa before the individual's birth; or
(B) one parent is an alien and the other parent is a
national, but not a citizen, of the United States who, before
the individual's birth, was physically present in the United
States or American Samoa for at least 7 years in any continuous
10-year period--
(i) during which the national parent was not outside
the United States and American Samoa for more than one
continuous year; and
(ii) at least 5 years of which were after the
national parent became 14 years of age.
(2) An individual born before August 27, 1986, is a national, but not
a citizen, of the United States under paragraph (1)(B) of this
subsection only as of the date the individual satisfies the Secretary
of State that the individual meets the requirements of paragraph
(1)(B).
(c) Time Outside the United States Included in Period of Presence.--
In subsections (a)(3) and (b)(1)(B) of this section, the period of
physical presence includes, for an individual born after December 23,
1952, any period the citizen parent or national parent spent outside
the United States and American Samoa--
(1) serving honorably in the armed forces of the United
States or employed by the Federal Government or an
international organization; or
(2) as a dependent unmarried son or daughter and member of
the household of an individual serving honorably in the armed
forces or employed by the Government or an international
organization.
(d) Individual Born Between 1941 and 1952.--Subsection (a)(3) of this
section also applies to an individual if--
(1) the individual was born outside the United States and
American Samoa after January 12, 1941, and before December 24,
1952;
(2) one of the individual's parents is a citizen of the
United States who served in the armed forces of the United
States after December 31, 1946, and before December 24, 1952;
and
(3) the individual did not become a citizen under section
201(g) or (i) of the Nationality Act of 1940 (ch. 876, 54 Stat.
1139).
(e) Individual Born Before May 24, 1934, Whose Mother Was Citizen.--
(1) An individual is a citizen of the United States at birth if--
(A) the individual was born before noon (Eastern Standard
Time) May 24, 1934, outside the limits and jurisdiction of the
United States;
(B) the individual's father was an alien; and
(C) the individual's mother was a citizen of the United
States at the time of the individual's birth and had resided in
the United States before the individual's birth.
(2) When an individual is claiming citizenship of the United States
based on descent from an individual described in paragraph (1) of this
subsection, any law that provided for loss of citizenship or
nationality for failure to come to, reside in, or be physically present
in the United States does not apply, including--
(A) the provisos of section 201(g) of the Nationality Act of
1940 (ch. 876, 54 Stat. 1139); and
(B) section 301(b) of the Immigration and Nationality Act
(ch. 477, 66 Stat. 236) as in effect before October 10, 1978.
(3)(A) Except as provided in subparagraphs (B) and (C) of this
paragraph, the immigration laws of the United States shall be applied
to an individual as though paragraphs (1) and (2) of this subsection
had been in effect on the date of the individual's birth.
(B) Retroactive application of paragraphs (1) and (2) of this
subsection does not affect the citizenship of an individual who
obtained citizenship under section 1993 of the Revised Statutes as in
effect before May 24, 1934.
(C) Retroactive application of paragraphs (1) and (2) of this
subsection does not confer citizenship on, or affect the validity of
any denaturalization, exclusion, deportation, or removal action
against, an individual who--
(i) is ineligible for admission to the United States under
section 6311 of this title or was excludable from the United
States under any predecessor provision; or
(ii) was excluded from, or would have been ineligible for
admission to, the United States under the Displaced Persons Act
of 1948 (ch. 647, 62 Stat. 1009) or section 14 of the Refugee
Relief Act of 1953 (ch. 336, 67 Stat. 406).
(4) This subsection does not affect the application of any provision
of law related to residence or physical presence in the United States
for purposes of granting United States citizenship to an individual
whose claim is based on paragraph (1) of this subsection or through
whom the claim is derived.
Sec. 20105. Individuals born out of wedlock
(a) Nationality at Birth Through Mother.--An individual born out of
wedlock outside the United States after December 23, 1952, is--
(1) a citizen of the United States at birth if the mother is
a citizen of the United States who was physically present in
the United States or American Samoa for at least one continuous
year before the individual's birth; or
(2) a national, but not a citizen, of the United States at
birth if the mother is a national, but not a citizen, of the
United States who was physically present in the United States
or American Samoa for at least one continuous year before the
individual's birth.
(b) Nationality at Birth Through Father.--(1) Sections 20102(a) and
20104(a), (b)(1)(A), and (c) of this title apply to an individual born
out of wedlock after December 23, 1952, if--
(A) a blood relationship between the individual and the
father is established by clear and convincing evidence;
(B) the father--
(i) is a citizen of the United States or a national,
but not a citizen, of the United States when the
individual is born; and
(ii) if alive when the individual is born, agrees in
writing to provide financial support for the individual
until the individual is 18 years of age; and
(C) before the individual becomes 18 years of age--
(i) the individual is legitimated under the law of
the individual's residence or domicile;
(ii) the father acknowledges paternity in writing
under oath; or
(iii) a court of competent jurisdiction establishes
paternity.
(2) Section 20104(a)(3) and (c) of this title applies to an
individual born out of wedlock after January 12, 1941, and before
December 24, 1952, if paternity is established and the individual is
legitimated before becoming 21 years of age.
Sec. 20106. Individuals born in the Republic of Panama or the Canal
Zone
(a) Individual Born in Republic of Panama.--An individual born in the
Republic of Panama after February 25, 1904, is a citizen of the United
States at birth if one parent is a citizen of the United States
employed by the Federal Government or the Panama Canal Commission or
its successor when the individual is born.
(b) Individual Born in Canal Zone.--An individual born in the Canal
Zone after February 25, 1904, and before October 1, 1979, is a citizen
of the United States at birth if one parent was a citizen of the United
States when the individual was born.
Sec. 20107. Noncitizen Indians born in Alaska after March 29, 1867, and
before June 2, 1924
A noncitizen Indian born in Alaska after March 29, 1867, and before
June 2, 1924, is a citizen of the United States as of June 2, 1924.
Sec. 20108. Citizens of the Republic of Hawaii and individuals born in
Hawaii after August 11, 1898, and before April 30,
1900
The following individuals are citizens of the United States as of
April 30, 1900:
(1) a citizen of the Republic of Hawaii on August 12, 1898.
(2) an individual born in Hawaii after August 11, 1898, and
before April 30, 1900.
Sec. 20109. Individuals residing in or born in Guam after April 10,
1899, and before August 1, 1950
(a) Citizenship.--Except as provided in this section, the following
individuals are citizens of the United States as of August 1, 1950:
(1) a Spanish subject or an individual born in Guam who
resided in Guam on April 11, 1899, and continued to reside in
the United States or a territory or possession of the United
States through August 1, 1950.
(2) an individual born after April 11, 1899, and before
August 1, 1950, whose parents are citizens under clause (1) of
this subsection.
(3) an individual born in Guam after April 10, 1899, and
before August 1, 1950, and subject to the jurisdiction of the
United States.
(b) Individual Who Took Affirmative Step To Preserve or Acquire
Nationality of a Foreign Country.--Subsection (a) of this section does
not apply to an individual who took an affirmative step to preserve or
acquire the nationality of a foreign country before August 1, 1950.
(c) Individual Who Declared Desire To Remain a National of a Foreign
Country.--An individual under this section who was a national of a
foreign country before August 1, 1950, and who declared under oath
before August 1, 1952, in a way prescribed by the Attorney General, a
desire to remain a national of the foreign country is not a national of
the United States as of the date the declaration is made.
Sec. 20110. Individuals born in Puerto Rico after April 10, 1899, and
before January 13, 1941
An individual is a citizen of the United States as of January 13,
1941, if the individual was--
(1) born in Puerto Rico after April 10, 1899, and before
January 13, 1941;
(2) subject to the jurisdiction of the United States; and
(3) residing in the United States or a territory or
possession of the United States on January 13, 1941.
Sec. 20111. Individuals born in or residing in the Virgin Islands after
January 17, 1917, and before June 28, 1932
The following individuals are citizens of the United States as of
February 25, 1927:
(1) an individual born in the Virgin Islands who--
(A) resided in the Virgin Islands on January 17,
1917, resided in the United States on February 25,
1927, and was not a citizen or subject of a foreign
country on February 25, 1927;
(B) resided in the United States on January 17, 1917,
resided in the Virgin Islands on February 25, 1927, and
was not a citizen or subject of a foreign country on
February 25, 1927;
(C) resided in the continental United States or a
territory or possession of the United States on June
28, 1932, and was not a citizen or subject of a foreign
country on June 28, 1932; or
(D) after January 16, 1917, and before February 25,
1927, was subject to the jurisdiction of the United
States.
(2) a citizen of Denmark who--
(A) resided in the Virgin Islands on January 17,
1917;
(B) resided in the United States on February 25,
1927; and
(C) did not make the declaration to preserve Danish
citizenship under article 6 of the treaty of August 4,
1916, between the United States and Denmark, or made
the declaration and renounced it, or renounces it by a
declaration before a court of record.
(3) an individual born after January 17, 1917, and before
February 25, 1927, whose parents are citizens of the United
States under clause (1) or (2) of this section.
CHAPTER 203--NATURALIZATION ELIGIBILITY
SUBCHAPTER I--ELIGIBILITY
Sec.
20301. General requirements.
20302. Temporary absences for certain employment.
20303. Temporary absences to perform religious functions.
20304. Individuals married to citizens of the United States.
20305. Children born of an alien parent and a citizen parent.
20306. Children born of alien parents or a parent who lost citizenship.
20307. Children having a citizen parent at time of application.
20308. Disabled and elderly individuals.
20309. Individuals employed by United States nonprofit organizations
disseminating information.
20310. Individuals making extraordinary contributions to the security
of the United States.
20311. Spouses and children of aliens who participated in United States
intelligence activities.
20312. Individuals with service on American vessels.
20313. Individuals with 3 years of service in the armed forces.
20314. Individuals with service in the armed forces during war or
military hostilities.
20315. Posthumous naturalization of individuals who die during service
in the armed forces during war or military hostilities.
20316. Individuals who lost citizenship by entering the armed forces of
a foreign country.
20317. Alien enemies.
20318. Individuals born outside the United States who lost citizenship
by not coming to the United States.
20319. Women who lost citizenship through marriage.
20320. Nationals residing in American Samoa.
20321. Philippine citizens who entered before May 1, 1934.
SUBCHAPTER II--INELIGIBILITY
20331. Individuals dangerous to the welfare, safety, and security of
the United States.
20332. Deserters and draft evaders.
20333. Aliens exempted or discharged from the armed forces or the
National Security Training Corps.
SUBCHAPTER I--ELIGIBILITY
Sec. 20301. General requirements
(a) Naturalization Requirements.--Except as otherwise provided, an
individual may be naturalized as a citizen of the United States only if
the individual satisfies the following requirements:
(1) The individual must be at least 18 years of age when the
application for naturalization is filed.
(2) The individual must be lawfully admitted for permanent
residence.
(3) The individual must have resided in the United States,
after being lawfully admitted for permanent residence,
continuously for at least 5 years immediately before filing the
application.
(4) The individual must have been physically present in the
United States for at least half of the 5 years immediately
before filing the application.
(5) The individual must have resided in the State or district
of the Immigration and Naturalization Service in the United
States in which the application is filed for at least 3 months
immediately before filing the application.
(6) The individual must reside in the United States
continuously from the date of filing the application through
the time the individual is naturalized.
(7) The individual must be able to demonstrate an
understanding of the English language, including the ability to
speak words in ordinary usage and the ability to read and write
simple words and phrases in ordinary usage, without
extraordinary or unreasonable conditions being required.
(8) The individual must be able to demonstrate knowledge and
understanding of the fundamentals of the history, and of the
principles and form of government, of the United States.
(9) The individual must have been of good moral character,
attached to the principles of the Constitution, and well
disposed to the good order and happiness of the United States
for at least 5 years immediately before filing the application,
and remain so from the date of filing the application through
the time the individual is naturalized.
(b) Conduct More Than 5 Years Before Application Filed.--Conduct more
than 5 years before an application is filed may be considered in
deciding whether an individual satisfies the requirements of subsection
(a)(9) of this section.
(c) Temporary Absences.--(1) An absence from the United States of not
more than 6 months does not break the continuity of residence required
under subsection (a) of this section.
(2) An absence of more than 6 months but less than one year breaks
the continuity of residence, unless the individual satisfies the
Attorney General that the individual did not abandon residence in the
United States during the absence.
(3) Except as otherwise provided, an absence of one year breaks the
continuity of residence.
(d) Prohibition on Discrimination.--The right of an individual to be
naturalized as a citizen of the United States may not be denied or
abridged because of race or sex or because the individual is married.
Sec. 20302. Temporary absences for certain employment
(a) Residence.--An individual temporarily absent from the United
States (even though for a year or more) is deemed to be residing in the
United States under section 20301(a)(3) and (6) of this title during
the absence if--
(1) the individual has resided and been physically present in
the United States, after being lawfully admitted for permanent
residence, continuously for at least one year;
(2) after the one-year period described in clause (1) of this
subsection--
(A) the individual is employed by or under a contract
with the Federal Government;
(B) the individual is employed by or under a contract
with, and carrying out scientific research for, a
United States research institution recognized by the
Attorney General;
(C)(i) the individual is employed by a United States
firm or corporation developing foreign trade and
commerce of the United States, or by a subsidiary of
the firm or corporation more than 50 percent of the
stock of which is owned by the firm or corporation; and
(ii) the individual is developing foreign trade and
commerce of the United States or the individual's
residence outside the United States is necessary to
protect the property rights of the firm or corporation
in a foreign country; or
(D) the individual--
(i) is employed by a public international
organization of which the United States is a
member by treaty or law; and
(ii) was not employed by the organization
until after being lawfully admitted for
permanent residence;
(3) before beginning the employment and before the end of one
year of continuous absence from the United States, the
individual satisfies the Attorney General that the absence will
be for a purpose described in clause (2) of this subsection;
and
(4) the individual satisfies the Attorney General that the
absence was for the purpose for which the absence was approved.
(b) Physical Presence.--(1) Except as provided in paragraph (2) of
this subsection, an individual satisfying subsection (a) of this
section still must satisfy the physical presence requirement of section
20301(a)(4) of this title.
(2) An individual employed by or under a contract with the Government
and satisfying subsection (a) of this section does not have to satisfy
the physical presence requirement of section 20301(a)(4) of this title.
(3) An individual employed by or under a contract with the Central
Intelligence Agency may satisfy the physical presence requirement of
subsection (a)(1) of this section by physical presence at any time
before filing the application for naturalization.
(c) Spouses, Unmarried Sons, and Unmarried Daughters.--A spouse,
unmarried son, or unmarried daughter of an individual satisfying
subsection (a) of this section is entitled to the same benefits under
subsection (a) as the individual during the period the spouse, son, or
daughter resided outside the United States as a dependent member of the
household of the individual.
Sec. 20303. Temporary absences to perform religious functions
An individual temporarily absent from the United States is deemed to
be residing and physically present in the United States under section
20301(a)(3), (4), and (6) of this title during the absence if the
individual--
(1) has resided and been physically present in the United
States, after being lawfully admitted for permanent residence,
continuously for at least one year before filing the
application for naturalization;
(2)(A) is authorized to perform the ministerial or priestly
functions of a religious denomination having a bona fide
organization in the United States; or
(B) is serving only as a missionary, brother, nun, or sister
of a religious denomination or an interdenominational mission
organization having an organization in the United States; and
(3) satisfies the Attorney General that the absence was only
to perform the functions or service described in clause (2) of
this section.
Sec. 20304. Individuals married to citizens of the United States
(a) General.--An individual married to a citizen of the United States
may be naturalized without regard to section 20301(a)(3) or (4) of this
title if the individual--
(1) resided in the United States, after being lawfully
admitted for permanent residence, continuously for at least 3
years immediately before filing the application for
naturalization;
(2) lived in marriage with the citizen spouse for the 3-year
period, with the spouse being a citizen during all of that
period; and
(3) was physically present in the United States for at least
half of the 3-year period.
(b) Citizen Spouses Employed Outside United States.--An individual
married to a citizen of the United States may be naturalized without
regard to section 20301(a) (3)-(6) of this title if--
(1) the citizen spouse is--
(A) employed by the Federal Government;
(B) employed by a United States research institution
recognized by the Attorney General;
(C) employed by a United States firm or corporation
developing foreign trade and commerce of the United
States or by a subsidiary of the firm or corporation;
(D) employed by a public international organization
of which the United States is a member by treaty or
law;
(E) authorized to perform the ministerial or priestly
functions of a religious denomination having a bona
fide organization in the United States; or
(F) serving only as a missionary of a religious
denomination or an interdenominational mission
organization having a bona fide organization in the
United States;
(2) the citizen spouse is regularly stationed outside the
United States in the employment or activity described in clause
(1) of this subsection;
(3) the individual declares in good faith to the Attorney
General an intention to reside in the United States immediately
after the employment or activity of the citizen spouse outside
the United States ends; and
(4) the individual is in the United States at the time of
naturalization.
(c) Surviving Spouses of Citizens in Armed Forces.--(1) An individual
may be naturalized without regard to section 20301(a) (3)-(6) of this
title if--
(A) the individual is the surviving spouse of a citizen of
the United States who died when serving honorably on active
duty in the armed forces of the United States; and
(B) the individual and the citizen spouse were living in
marriage at the time of the death.
(2) This subsection does not apply to an individual who is the
surviving spouse of a citizen granted citizenship posthumously under
section 20315 of this title.
Sec. 20305. Children born of an alien parent and a citizen parent
(a) General.--A child born outside the United States, one of whose
parents at the time of the child's birth was an alien and the other of
whose parents at the time of the child's birth was a citizen of the
United States and remains a citizen, is naturalized as a citizen of the
United States when the following events occur, if they occur before the
child becomes 18 years of age:
(1) The alien parent is naturalized.
(2) The child begins residing in the United States after
being lawfully admitted for permanent residence.
(b) Adopted Child.--Subsection (a) of this section applies to an
adopted child only if the child, at the time of the naturalization of
the alien parent, is--
(1) in the custody of the adoptive parents; and
(2) residing in the United States after being lawfully
admitted for permanent residence.
Sec. 20306. Children born of alien parents or a parent who lost
citizenship
(a) General.--A child born outside the United States of alien
parents, or of one alien parent and one parent who was a citizen of the
United States at the time of the child's birth but later lost
citizenship, is naturalized as a citizen of the United States when the
following events occur, if they before the child becomes 18 years of
age:
(1)(A) Both parents are naturalized;
(B) the surviving parent is naturalized if one parent is
deceased;
(C) the parent with legal custody is naturalized if the
parents are legally separated; or
(D) the mother is naturalized if the child was born out of
wedlock and paternity is not established by legitimation.
(2) The child begins residing in the United States after
being lawfully admitted for permanent residence.
(b) Adopted Child.--Subsection (a) of this section applies to an
adopted child only if the child, at the time of the naturalization of
the alien parent or parents, is--
(1) in the custody of the adoptive parents; and
(2) residing in the United States after being lawfully
admitted for permanent residence.
Sec. 20307. Children having a citizen parent at time of application
(a) Filing of Application.--A parent who is a citizen of the United
States may file an application with the Attorney General for a
certificate of citizenship for a child born outside the United States.
The application may be filed outside the United States.
(b) Requirements.--The Attorney General shall approve the application
if satisfied that--
(1) the parent is a citizen of the United States;
(2) the child is--
(A) less than 18 years of age;
(B) lawfully admitted to, and physically present in,
the United States; and
(C) in the legal custody of the citizen parent;
(3) if the child is adopted, the child--
(A) was adopted under 16 years of age by the citizen
parent; and
(B) meets the requirements of section 108(a) (5) or
(6) of this title; and
(4) if the citizen parent has not been physically present in
the United States or American Samoa for at least 5 years, at
least 2 of which were after becoming 14 years of age--
(A) the child is residing permanently in the United
States with the citizen parent after being lawfully
admitted for permanent residence; or
(B) a citizen parent of the citizen parent has been
physically present in the United States or American
Samoa for at least 5 years, at least 2 of which were
after becoming 14 years of age.
(c) Oath.--The child must take, and sign, in front of an immigration
officer in the United States the oath required by section 20509 of this
title, unless waived under section 20509(c).
(d) Certificate of Citizenship.--When the requirements of this
section are met, the child becomes a citizen of the United States and
shall be issued a certificate of citizenship by the Attorney General.
Sec. 20308. Disabled and elderly individuals
(a) Disabled Individuals.--An individual may be naturalized without
regard to section 20301(a) (7) or (8) of this title if the individual
is unable to satisfy those requirements because of physical or
developmental disability or mental impairment.
(b) Elderly Individuals.--(1) An individual may be naturalized
without regard to section 20301(a)(7) of this title if, on the date the
application for naturalization is filed, the individual is--
(A) at least 50 years of age and has lived in the United
States for at least 20 years after being lawfully admitted for
permanent residence; or
(B) at least 55 years of age and has lived in the United
States for at least 15 years after being lawfully admitted for
permanent residence.
(2) The Attorney General shall prescribe regulations providing for
special consideration (as decided by the Attorney General) in
satisfying section 20301(a)(8) of this title for an individual who, on
the date the application for naturalization is filed, is at least 65
years of age and has lived in the United States for at least 20 years
after being lawfully admitted for permanent residence.
Sec. 20309. Individuals employed by United States nonprofit
organizations disseminating information
An individual may be naturalized without regard to section
20301(a)(3)-(6) of this title if the individual--
(1) is employed by a nonprofit organization incorporated in
the United States that is principally engaged outside the
United States in disseminating, through communication media,
information significantly promoting United States interests
outside the United States and that is recognized by the
Attorney General;
(2) has been employed by the organization continuously for at
least 5 years after being lawfully admitted for permanent
residence;
(3) files the application for naturalization when employed by
the organization or within 6 months after ending the
employment;
(4) is in the United States at the time of naturalization;
and
(5) declares in good faith to the Attorney General an
intention to reside in the United States immediately after the
employment ends.
Sec. 20310. Individuals making extraordinary contributions to the
security of the United States
(a) Residence and Physical Presence.--(1) An individual may be
naturalized without regard to section 20301(a) (3)-(6) of this title
if--
(A) the Director of Central Intelligence, the Attorney
General, and the Commissioner of Immigration and Naturalization
decide that the individual has made an extraordinary
contribution to the security of the United States or to the
conduct of United States intelligence activities; and
(B) the individual resides in the United States continuously
for at least one year before being naturalized.
(2) This section does not apply to an individual described in section
5106(b)(2) (A)-(E) of this title.
(b) Nonapplication of Certain Grounds of Inadmissibility.--Section
20331 of this title does not apply to an individual described in
subsection (a) of this section.
(c) Administration of Oath.--An applicant for naturalization under
this section may be administered the oath required by section 20509 of
this title by any district court of the United States, without regard
to the residence of the applicant. A proceeding under this subsection
shall be conducted in a manner consistent with the protection of
intelligence sources, methods, and activities.
(d) Numerical Limit.--Not more than 5 individuals may be naturalized
in a fiscal year under this section.
(e) Notice to Congressional Committees.--The Director shall inform
the Select Committee on Intelligence and the Committee on the Judiciary
of the Senate and the Permanent Select Committee on Intelligence and
the Committee on the Judiciary of the House of Representatives within a
reasonable time before an application is filed under this section.
Sec. 20311. Spouses and children of aliens who participated in United
States intelligence activities
(a) Definitions.--In this section--
(1) ``child'' has the same meaning given that term in section
108(b)(1) (A)-(E) of this title, without regard to age or
marital status.
(2) ``spouse'' means the wife or husband of a deceased alien
referred to in subsection (b) of this section who was married
to the alien during the time the alien participated in the
conduct of United States intelligence activities.
(b) Residence and Physical Presence.--(1) An individual may be
naturalized without regard to section 20301(a) (3)-(6) of this title
if--
(A) the individual is the spouse or child of a deceased alien
whose death resulted from the intentional and unauthorized
disclosure of classified information regarding the alien's
participation in the conduct of United States intelligence
activities;
(B) after being lawfully admitted for permanent residence,
the individual resides in the United States continuously for at
least one year before being naturalized; and
(C) the Director of Central Intelligence, the Attorney
General, and the Commissioner of Immigration and Naturalization
approve.
(2) This section does not apply to an individual described in section
5106(b)(2) (A)-(E) of this title.
(c) Nonapplication of Certain Grounds of Inadmissibility.--Section
20331 of this title does not apply to an individual described in
subsection (b) of this section.
(d) Administration of Oath.--An applicant for naturalization under
this section may be administered the oath required by section 20509 of
this title by the Attorney General or any district court of the United
States, without regard to the residence of the applicant. A proceeding
under this subsection shall be conducted in a manner consistent with
the protection of intelligence sources, methods, and activities.
Sec. 20312. Individuals with service on American vessels
(a) Definition.--In this section, ``American vessel'' means a
vessel--
(1)(A) operated by the Federal Government; and
(B) the full legal and equitable title to which is held by
the Government; or
(2)(A) whose home port is in the United States; and
(B)(i) documented under chapter 121 of title 46; or
(ii) the full legal and equitable title to which is held by a
citizen of the United States or a corporation organized under
the laws of a State.
(b) Residence and Physical Presence.--An individual serving honorably
or with good conduct in any capacity (except as a member of the armed
forces of the United States) on an American vessel is deemed to be
residing and physically present in the United States under section
20301(a) (3), (4), and (6) of this title during the period of service
if the service is--
(1) after the individual has been lawfully admitted for
permanent residence; and
(2) within 5 years immediately before the date the individual
files an application for naturalization.
(c) Proof of Service on Vessel.--Service on a vessel described in
subsection (a)(1) of this section shall be proved by a certificate from
the department, agency, or instrumentality in the executive branch of
the Government having custody of the records of the service. Service on
a vessel described in subsection (a)(2) of this section may be proved
by a certificate from the master of the vessel.
Sec. 20313. Individuals with 3 years of service in the armed forces
(a) Residence and Physical Presence.--(1) Except as provided in
paragraph (2) of this subsection, an individual may be naturalized
without regard to section 20301(a) (3)-(5) of this title if the
individual--
(A) has served honorably in the armed forces of the United
States for periods totaling at least 3 years;
(B) has never been discharged from the service except
honorably; and
(C) files an application for naturalization when still in the
service or within 6 months after being discharged from the
service.
(2) If the service was not continuous, the individual must establish
the individual's residence in the United States and the State or
district of the Immigration and Naturalization Service in the United
States in which the application is filed for--
(A) any period between periods of service during the 5 years
immediately before filing the application; and
(B) any period between the end of the individual's service
and the filing of the application.
(b) Proof of Honorable Service.--(1) Before a hearing on the
individual's application, the individual shall provide the Attorney
General with a certificate from the appropriate executive department of
the Federal Government showing that--
(A) the individual served honorably during all periods on
which the individual relies for naturalization under this
section; and
(B) the individual has never been discharged from the service
except honorably.
(2) A certificate under paragraph (1) of this subsection is
conclusive evidence of the service and discharge.
(c) Proof of Good Moral Character, Attachment to Principles, and
Favorable Disposition.--Proof of honorable service under this section
is proof that the individual was of good moral character, attached to
the principles of the Constitution of the United States, and well
disposed to the good order and happiness of the United States during
the period of the service.
(d) Effect of Finding of Deportability.--Notwithstanding section
20504(b) of this title, an individual may be naturalized immediately
under this section if the individual is in the armed forces when being
naturalized and was examined by a representative of the Service before
filing an application for naturalization.
(e) Applications Filed More Than 6 Months After Discharge.--An
individual who satisfies subsection (a)(1)(A) and (B) of this section,
but files an application for naturalization more than 6 months after
being discharged, is deemed to be residing and physically present in
the United States during any periods of service within 5 years
immediately before filing the application.
Sec. 20314. Individuals with service in the armed forces during war or
military hostilities
(a) General.--Notwithstanding sections 20317 and 20504(b) of this
title, an individual may be naturalized without regard to section
20301(a)(1) and (3)-(6) of this title if--
(1) the individual served honorably on active duty in the
armed forces of the United States as an alien or as a national,
but not a citizen, of the United States at any time during a
period--
(A) from April 6, 1917, through November 11, 1918;
(B) from September 1, 1939, through December 31,
1946;
(C) from June 25, 1950, through July 1, 1955;
(D) from February 28, 1961, through October 15, 1978;
or
(E) the President designates by executive order as a
period in which the armed forces are engaged in
military operations involving armed conflict with a
hostile foreign force;
(2) the individual was--
(A) in the United States or American Samoa at the
time of enlistment or induction into the armed forces;
(B) in the Canal Zone at the time of enlistment or
induction if the enlistment or induction was before
October 1, 1979; or
(C) lawfully admitted for permanent residence after
the enlistment or induction; and
(3) the individual, if discharged from the armed forces, was
discharged honorably.
(b) Service in Regular Army Under the Act of June 30, 1950.--(1)
Notwithstanding sections 20317 and 20504(b) of this title, an
individual may be naturalized without regard to section 20301(a)(1) and
(3)-(6) of this title if the individual--
(A) enlisted or re-enlisted as an alien in the Regular Army
under the Act of June 30, 1950 (ch. 443, 64 Stat. 316);
(B) served at least 5 years in the Regular Army; and
(C) was discharged honorably from the Regular Army.
(2) An individual described in paragraph (1) of this subsection is
deemed to have been lawfully admitted for permanent residence if the
individual--
(A) entered the United States, American Samoa, or the Canal
Zone under military orders after enlistment; and
(B) is otherwise eligible to be naturalized.
(c) Period of Service Available Only Once.--A period of service in
the armed forces may not be used as the basis for naturalization under
this section if the individual has been naturalized previously because
of the same period of service.
(d) Proof of Honorable Service and Discharge.--Service required by
this section shall be proved by a certificate from the executive
department of the Federal Government under which the individual served.
The head of the executive department shall decide, and the certificate
shall state, whether the individual served honorably on active duty
during a period specified in this section and was discharged honorably.
An individual's service and discharge are not honorable under this
section if the individual was discharged from the armed forces because
of alienage or was a conscientious objector who performed no active
duty or refused to wear the uniform.
Sec. 20315. Posthumous naturalization of individuals who die during
service in the armed forces during war or military
hostilities
(a) Granting Citizenship.--The Attorney General shall grant
posthumous citizenship, as of the time of death, to an individual
eligible under subsection (b) of this section if the Attorney General
approves a request for posthumous citizenship for the individual under
subsection (c) of this section.
(b) Eligibility.--(1) An individual is eligible for posthumous
citizenship under this section if the individual--
(A) served honorably on active duty in the armed forces of
the United States as an alien or as a national, but not a
citizen, of the United States during any period described in
section 20314(a)(1) of this title;
(B) died as a result of injury or disease incurred in or
aggravated by that service; and
(C) satisfied the requirements of section 20314(a)(2) of this
title.
(2) The head of the executive department of the Federal Government
under which the individual served shall decide whether the individual
satisfied the requirements of paragraph (1)(A) and (B) of this
subsection.
(c) Requests.--A request to grant posthumous citizenship to an
individual under this section may be filed only by an individual who
is, as defined by the Attorney General, the next of kin or another
representative. The Attorney General shall approve the request if--
(1) the request is filed not later than 2 years after the
date of the individual's death;
(2) the request includes a certificate from the executive
department under which the individual served stating that the
individual satisfied the requirements of subsection (b)(1)(A)
and (B) of this section; and
(3) the Attorney General finds that the individual satisfied
the requirements of subsection (b)(1)(C) of this section.
(d) Documentation.--If the Attorney General approves a request under
this section, the Attorney General shall provide the individual who
filed the request with a document stating that the Government considers
the individual for whom the request was filed to have been a citizen of
the United States at the time of the individual's death.
(e) No Benefits to Survivors.--The granting of posthumous citizenship
to an individual under this section does not provide any benefits under
this title for any relative of the individual.
Sec. 20316. Individuals who lost citizenship by entering the armed
forces of a foreign country
(a) General.--An individual may be naturalized without regard to
section 20301(a)(3)-(6) or (9) of this title if--
(1) the individual, when a citizen of the United States,
served in the armed forces of a foreign country at any time
during the period from September 1, 1939, through September 2,
1945;
(2) that foreign country was at war with a foreign country
with which the United States was at war after December 7, 1941,
and before September 2, 1945;
(3) the individual lost citizenship of the United States by
entering, serving in, or taking an oath or obligation to enter
or serve in, those armed forces;
(4) the individual intends to reside permanently in the
United States; and
(5) the individual has been of good moral character, attached
to the principles of the Constitution, and well disposed to the
good order and happiness of the United States for at least 5
years immediately before taking the oath required for
naturalization.
(b) Previous Status Reacquired.--An individual naturalized under this
section or section 323 of the Nationality Act of 1940 (ch. 876, 54
Stat. 1149) has, from the date of naturalization, the same status as a
citizen at birth or a naturalized citizen that the individual had
before losing citizenship. Naturalization of the individual does not
confer citizenship retroactively on the individual for the period that
the individual was not a citizen of the United States.
(c) Nonapplication to Certain Individuals.--This section does not
apply to an individual who served in the armed forces of a foreign
country at any time during the period from September 1, 1939, through
September 2, 1945, when that country was at war with the United States.
Sec. 20317. Alien enemies
(a) When Individual Is Alien Enemy.--In this section, an alien enemy
is an individual who is a native, citizen, subject, or denizen of a
country or sovereignty at war with the United States. That individual
ceases to be an alien enemy when the hostilities between the United
States and the individual's country or sovereignty are declared ended
by proclamation of the President or concurrent resolution of Congress.
(b) Specific Conditions for Naturalization.--An alien enemy may be
naturalized as a citizen of the United States only if--
(1) the alien enemy's application for naturalization was
filed before the war began, except that the Attorney General
may waive this requirement;
(2) the alien enemy's loyalty is established on investigation
by the Attorney General; and
(3) the alien enemy is otherwise eligible to be naturalized.
(c) Notice and Continuance.--An examination or hearing on an alien
enemy's application for naturalization may be held only after 90 days'
notice to the Attorney General. If the Attorney General objects to
consideration of the application, the application shall be continued
for as long as the Attorney General requires.
(d) Lawful Apprehension and Removal Allowed.--This section does not
prevent the lawful apprehension and removal of an alien enemy.
Sec. 20318. Individuals born outside the United States who lost
citizenship by not coming to the United States
(a) General.--An individual may be naturalized by taking the oath
required for naturalization, without filing an application for
naturalization or complying with any other requirement for
naturalization, if the individual--
(1) was a citizen of the United States at birth;
(2) lost that citizenship by failing to comply with the
physical presence requirement of section 301(b) of the
Immigration and Nationality Act (ch. 477, 66 Stat. 236) as in
effect before October 10, 1978; and
(3) is not ineligible to be naturalized under section 20331
of this title.
(b) Oath Procedure.--(1) An individual satisfying subsection (a) of
this section may take the oath--
(A) in the United States before the Attorney General or a
judge or a clerk of a court described in section 20511 of this
title; or
(B) outside the United States before a diplomatic or consular
officer.
(2) The Attorney General, court, embassy, legation, or consulate, as
appropriate, shall--
(A) enter the oath in the records of the Attorney General,
court, embassy, legation, or consulate; and
(B) deliver to the individual, on the individual's request, a
certified copy of the proceedings and oath, under seal of the
Department of Justice, court, embassy, legation, or consulate,
at a cost of not more than $5.
(3) A certified copy of the proceedings and oath delivered under
paragraph (2) of this subsection is evidence of the facts stated in the
copy in any court of record, judicial tribunal, or federal department,
agency, or instrumentality.
(c) Previous Status Reacquired.--An individual naturalized under this
section has, from the date of naturalization, the status of a citizen
of the United States at birth. Naturalization of the individual does
not confer citizenship on the individual retroactively for any period
that the individual was not a citizen of the United States.
Sec. 20319. Women who lost citizenship through marriage
(a) General.--(1) A woman may be naturalized without regard to
section 20301(a)(3)-(6) of this title if she--
(A) lost citizenship of the United States--
(i) by marrying an alien before September 22, 1922;
(ii) by marrying after September 21, 1922, an alien
who was ineligible to become a citizen of the United
States; or
(iii) through her husband's loss of citizenship of
the United States before September 22, 1922; and
(B) has taken no affirmative action to acquire the
nationality of another country except by marriage.
(2) A woman described in paragraph (1) of this subsection may be
naturalized without regard to section 20301(a)(2) of this title if she
has resided in the United States continuously since the date of her
marriage.
(b) Naturalization on Taking Oath for Certain Women.--(1) A woman may
be naturalized by taking the oath required for naturalization, without
filing an application for naturalization or complying with any other
requirement for naturalization, if--
(A) she was a citizen of the United States at birth;
(B) she lost that citizenship by marrying--
(i) an alien before September 22, 1922; or
(ii) after September 21, 1922, an alien who was
ineligible to become a citizen of the United States;
(C) her marriage to that alien ended after January 12, 1941;
(D) she has taken no affirmative action to acquire the
nationality of another country except by marriage; and
(E) she is not ineligible to be naturalized under section
20331 of this title.
(2) A woman satisfying paragraph (1) of this subsection may take the
oath--
(A) in the United States before the Attorney General or a
judge or a clerk of a court described in section 20511 of this
title; or
(B) outside the United States before a diplomatic or consular
officer.
(3) The Attorney General, court, embassy, legation, or consulate, as
appropriate, shall--
(A) enter the oath in the records of the Attorney General,
court, embassy, legation, or consulate; and
(B) deliver to the woman, on her request, a certified copy of
the proceedings and oath, under seal of the Department of
Justice, court, embassy, legation, or consulate, at a cost of
not more than $5.
(4) A certified copy of the proceedings and the oath delivered under
paragraph (3) of this subsection is evidence of the facts stated in the
copy in any court of record, judicial tribunal, or federal department,
agency, or instrumentality.
(c) Previous Status Reacquired.--A woman naturalized under this
section or section 317(a) or (b) of the Nationality Act of 1940 (ch.
876, 54 Stat. 1146) has, from the date of naturalization, the same
status as a citizen at birth or a naturalized citizen that she had
before losing citizenship. Naturalization of the woman does not confer
citizenship on the woman retroactively for any period that she was not
a citizen of the United States.
Sec. 20320. Nationals residing in American Samoa
Residence and physical presence in American Samoa are deemed to be
residence and physical presence in the United States under section
20301(a)(3), (4), and (6) of this title for an individual who--
(1) is a national, but not a citizen, of the United States;
and
(2) becomes a resident of a State.
Sec. 20321. Philippine citizens who entered before May 1, 1934
An individual who was a citizen of the Commonwealth of the
Philippines on July 2, 1946, entered the United States before May 1,
1934, and has resided in the United States continuously since entry, is
deemed to have been lawfully admitted for permanent residence.
SUBCHAPTER II--INELIGIBILITY
Sec. 20331. Individuals dangerous to the welfare, safety, and security
of the United States
(a) Grounds for Disallowing Naturalization.--An individual may not be
naturalized as a citizen of the United States if, at any time during
the 10 years before filing the application for naturalization or from
the filing of the application through the time the individual is
naturalized, the individual--
(1) advocates establishing--
(A) a totalitarian communist dictatorship in a
country through an internationally coordinated
communist movement; or
(B) a totalitarian dictatorship in the United States;
(2) advocates or teaches--
(A) opposition to all organized government;
(B) the overthrow by unconstitutional means of the
Federal Government or of all forms of law;
(C) the duty, necessity, or propriety of unlawfully
assaulting or killing a particular officer or officers
generally of an organized government because of the
official position of the officer or officers;
(D) unlawfully damaging or destroying property; or
(E) sabotage;
(3) writes, publishes, causes to be written or published,
knowingly distributes, prints, displays, or causes to be
distributed, printed, published, or displayed, or knowingly
possesses to publish, distribute, or display, written
material--
(A) advocating or teaching opposition to all
organized government; or
(B) advocating--
(i) the overthrow by unconstitutional means
of the Federal Government or of all forms of
law;
(ii) the duty, necessity, or propriety of
unlawfully assaulting or killing of a
particular officer or officers generally of an
organized government because of the official
position of the officer or officers;
(iii) unlawfully damaging or destroying
property;
(iv) sabotage;
(v) establishing a totalitarian communist
dictatorship in a country through an
internationally coordinated communist movement;
or
(vi) establishing a totalitarian dictatorship
in the United States; or
(4) is a member of or affiliated with--
(A) the Communist Party of the United States;
(B) another totalitarian party of the United States;
(C) the Communist Political Association;
(D) the Communist or another totalitarian party of a
State, a foreign country, or a political or
geographical subdivision of a foreign country;
(E) a section, subsidiary, branch, affiliate, or
subdivision of an organization described in subclauses
(A)-(D) of this clause (4);
(F) the direct predecessor or successor of an
organization described in subclauses (A)-(D) of this
clause (4), regardless of the name the organization
uses or used;
(G) an organization advocating establishing a
totalitarian communist dictatorship in a country
through an internationally coordinated communist
movement, or establishing a totalitarian dictatorship
in the United States, through--
(i) the organization's statements; or
(ii) written material issued or published
under the authority of or with the consent of
the organization, or paid for by money provided
by the organization;
(H) an organization advocating or teaching--
(i) opposition to all organized government;
(ii) the overthrow by unconstitutional means
of the Federal Government or of all forms of
law;
(iii) the duty, necessity, or propriety of
unlawfully assaulting or killing a particular
officer or officers generally of an organized
government because of the official position of
the officer or officers;
(iv) unlawfully damaging or destroying
property; or
(v) sabotage; or
(I) an organization writing, distributing, printing,
publishing, displaying, causing to be written,
distributed, printed, published, or displayed, or
possessing to distribute, publish, issue, or display,
written material described in clause (3) of this
subsection.
(b) Nonapplication.--Subsection (a) of this section does not apply to
an individual who satisfies the Attorney General that the individual's
membership or affiliation with an organization described in subsection
(a)--
(1) is or was involuntary;
(2) ended before the individual's 16th birthday;
(3) is or was by operation of law; or
(4) was for the purpose of, and necessary for, obtaining
employment, food rations, or other essentials of living.
Sec. 20332. Deserters and draft evaders
An individual convicted of desertion under section 885 of title 10 or
of draft evasion under section 12(h) of the Military Selective Service
Act (50 App. U.S.C. 462(h)) is ineligible to become a citizen of the
United States.
Sec. 20333. Aliens exempted or discharged from the armed forces or the
National Security Training Corps
(a) General.--Except as provided in subsection (b) of this section,
an alien who applies for and is granted an exemption or discharge from
serving or training in the armed forces of the United States or the
National Security Training Corps because of alienage is ineligible to
become a citizen of the United States. Records of the Selective Service
System and the Department of Defense are conclusive about whether the
alien was granted an exemption or discharge because of alienage.
(b) Exemption Provided Under Treaty.--An alien exercising a right
under a treaty to be exempted from serving or training in the armed
forces of the United States is not ineligible under this section or any
other law to become a citizen of the United States if, before
exercising the right, the alien served in the armed forces of a foreign
country of which the alien was a national.
CHAPTER 205--NATURALIZATION PROCEDURE
Sec.
20501. Authority to naturalize.
20502. Declarations of intention.
20503. Applications for naturalization.
20504. Proof of lawful entry and effect of removal proceedings.
20505. Investigations.
20506. Examinations.
20507. Hearings before immigration officers.
20508. Judicial review.
20509. Oath requirement.
20510. Methods of oath administration.
20511. Court authority to administer oaths.
20512. Address to newly naturalized citizens.
20513. Duties of Attorney General when court is to administer oath.
20514. Forms and records.
20515. Fees.
Sec. 20501. Authority to naturalize
(a) Authority of Attorney General.--Only the Attorney General has
authority to naturalize an individual as a citizen of the United
States.
(b) Only Procedure.--An individual may be naturalized as a citizen of
the United States only as provided in this subtitle.
Sec. 20502. Declarations of intention
(a) General.--An individual at least 18 years of age who is residing
in the United States as an alien lawfully admitted for permanent
residence may make a declaration of intention to be naturalized as a
citizen of the United States. However, a declaration is not required
for naturalization, does not confer nationality or the right to
nationality on an alien, and is not evidence of lawful admission for
permanent residence.
(b) Procedure.--(1) A declaration under this section must be filed
with the Attorney General in duplicate, accompanied by an application
for the declaration. The application must be approved by the Attorney
General.
(2) The application must include 3 identical photographs of the
alien. One photograph shall be attached to the declaration issued by
the Attorney General and the others to the copies of the declaration
retained by the Attorney General.
(c) Replacement Declaration.--The Attorney General shall issue a new
declaration to an alien applying to replace a declaration that the
Attorney General finds is lost, destroyed, or mutilated, and if
mutilated, is surrendered to the Attorney General. A person coming into
possession of a declaration that was lost shall surrender the
declaration to the Attorney General.
Sec. 20503. Applications for naturalization
(a) General.--An application for naturalization must be filed--
(1) with the Attorney General, in the office of the
Immigration and Naturalization Service for the district in
which the individual resides; and
(2) in person, except when the Attorney General decides the
individual has an illness or other disability sufficiently
incapacitating to prevent the individual from filing in person.
(b) Form and Contents.--The application for naturalization must--
(1) include a statement that the individual has been lawfully
admitted for permanent residence;
(2) include a statement of facts the Attorney General
believes may be material to the individual's naturalization and
required to be proved under this subtitle;
(3) include 3 identical photographs of the individual signed
by the individual;
(4) be sworn to by the individual; and
(5) be signed by the individual if physically able to write.
(c) Early Filing for Individuals Subject to Continuous Residence
Requirement.--An individual subject to a continuous residence
requirement under chapter 203 of this title may file an application for
naturalization not more than 3 months before the date the individual
would first satisfy that requirement.
(d) Transfer to Another District.--If an individual applying for
naturalization moves from the district of the Service in the United
States in which the application is pending, the individual may request
the Attorney General to transfer the application to another district.
If the Attorney General transfers the application, the proceedings on
the application shall continue as though the application had been filed
originally in the district to which it is transferred.
(e) Withdrawal and Lack of Prosecution.--An application for
naturalization may be withdrawn only with the consent of the Attorney
General. If the Attorney General does not consent to the withdrawal,
the application shall be decided on its merits. If the applicant does
not prosecute the application, the Attorney General may dismiss it for
lack of prosecution. If the Attorney General does not dismiss the
application for lack of prosecution, it shall be decided on its merits.
Sec. 20504. Proof of lawful entry and effect of removal proceedings
(a) Proof of Lawful Entry.--An applicant for naturalization has the
burden of proving that the applicant entered the United States
lawfully. To prove a lawful entry, the applicant is entitled to the
production of--
(1) the applicant's immigrant visa or other entry document;
and
(2) any other record in the custody of the Attorney General
related to the applicant's entry that the Attorney General does
not consider confidential.
(b) Effect of Removal Proceedings.--(1) Except as provided in
sections 20313(d) and 20314 of this title--
(A) an application for naturalization may not be considered
if a removal proceeding is pending under an arrest warrant; and
(B) an individual may not be naturalized as a citizen of the
United States if a final finding of deportability is
outstanding under an arrest warrant.
(2) The Attorney General's findings in ending removal proceedings or
canceling removal are not binding in deciding whether an individual
satisfies the eligibility requirements for naturalization.
Sec. 20505. Investigations
An employee of the Immigration and Naturalization Service, or other
federal employee designated by the Attorney General, shall conduct a
personal investigation of an applicant for naturalization in each
vicinity in which the applicant has lived or been employed during at
least the 5-year period immediately before the application was filed.
However, the Attorney General may waive the investigation in a
particular case or class of cases.
Sec. 20506. Examinations
(a) General.--The Attorney General shall designate employees of the
Immigration and Naturalization Service to conduct examinations of
applicants for naturalization. Examinations shall be uniform throughout
the United States and be limited to inquiring about whether the
applicant meets the eligibility requirements for naturalization. At the
time of the examination, the employee conducting the examination shall
inform the applicant of the remedies available to the applicant under
sections 20507 (a) and (b) and 20508(a) of this title.
(b) Decisions.--The employee conducting the examination shall decide
whether the application for naturalization should be granted or denied
and give the reasons.
(c) Transmittal of Record of Examination and Decision.--In the
discretion of the Attorney General, the record of the examination may
be transmitted to the Attorney General. When a record is transmitted to
the Attorney General, the decision of the employee conducting the
examination also shall be transmitted to the Attorney General when it
is made.
Sec. 20507. Hearings before immigration officers
(a) General.--An individual whose application for naturalization is
denied after an examination under section 20506 of this title may
request a hearing before an immigration officer. Hearings under this
section shall be held at regular intervals specified by the Attorney
General.
(b) Subpenas.--(1) On the applicant's request at the time of
requesting a hearing, the immigration officer shall subpena witnesses
named by the applicant to appear at the hearing. If a witness cannot be
produced at the hearing, other witnesses may be subpenaed after notice
to the Attorney General, in the way and at the time prescribed by the
Attorney General by regulation.
(2) A subpena issued under this subsection may be enforced as
provided in section 321(b) of this title.
(3) A witness willfully disobeying a subpena to appear and testify at
a final hearing under this section shall be fined under title 18,
imprisoned for not more than 5 years, or both.
(c) Appearance of Attorney General.--At a hearing under this section,
the Attorney General may call, examine, and cross-examine witnesses,
including the applicant, produce other evidence, and argue for or
against granting the application for naturalization.
(d) Admissibility of Records of Examination.--The record of the
examination conducted under section 20506 of this title is admissible
as evidence in a hearing conducted under this section.
Sec. 20508. Judicial review
(a) Failure To Make Timely Decisions After Examinations.--If the
employee conducting an examination under section 20506 of this title
does not make a decision on an application for naturalization within
120 days after the date of the examination, the applicant may request
the district court of the United States for the district in which the
applicant resides to hold a hearing on the matter. The court may--
(1) order the application granted or denied; or
(2) remand the matter, with appropriate instructions, to the
employee conducting the examination.
(b) Denials After Hearings.--An individual whose application for
naturalization is denied after a hearing under section 20507 of this
title may obtain review of the denial in the United States district
court for the district in which the individual resides. At the
individual's request, the court shall hold a new hearing. Regardless of
whether the court holds a new hearing, the court shall make its own
findings of fact and conclusions of law.
Sec. 20509. Oath requirement
(a) Oath of Allegiance.--To be naturalized as a citizen of the United
States, an individual must take an oath, in substance--
(1) to support the Constitution;
(2) to support and defend the Constitution and laws of the
United States against all enemies foreign and domestic;
(3) to bear true faith and allegiance to the Constitution and
laws of the United States;
(4) to renounce all allegiance to any foreign prince,
potentate, country, or sovereignty of which the individual was
a citizen or subject; and
(5) to comply with a requirement of law--
(A) to bear arms for the United States;
(B) to perform noncombatant service in the armed
forces of the United States when wearing the uniform of
a branch of the armed forces and subject to military
discipline and court martial; or
(C) to perform work of national importance under
civilian direction.
(b) Omissions From Oath Because of Religious Belief.--(1) In this
subsection, ``religious belief'' means belief in a relation to a
Supreme Being involving duties superior to those arising from a human
relation, but does not include essentially political, sociological, or
philosophical views or a personal moral code.
(2) If an individual satisfies the Attorney General by clear and
convincing evidence that, because of religious belief, the individual
opposes--
(A) bearing arms in the armed forces of the United States,
the individual may omit from the oath the substance of
subsection (a)(5)(A) of this section; or
(B) any kind of service in the armed forces of the United
States, the individual may omit from the oath the substance of
subsection (a)(5) (A) and (B) of this section.
(c) Waiver for Young Child.--If the Attorney General believes that a
child is unable to understand the meaning of the oath, the Attorney
General may waive the requirement that the child take the oath.
(d) Oath Renouncing Hereditary Titles and Orders.--In addition to
taking the oath under subsection (a) of this section, an individual who
has a hereditary title or belongs to an order of nobility must take an
oath expressly renouncing the title or order. The oath under this
subsection must be taken in the same public ceremony as the oath under
subsection (a) and shall be recorded as a part of the proceeding.
Sec. 20510. Methods of oath administration
(a) Public Ceremony.--To be naturalized as a citizen of the United
States, an individual must take the oath required for naturalization in
a public ceremony. However, the Attorney General may waive the public
ceremony requirement if the Attorney General decides the individual has
an illness or other disability sufficiently incapacitating to prevent
the individual's personal appearance.
(b) Right To Choose.--(1) The individual may choose to take the oath
before the Attorney General or a court authorized by section 20511 of
this title, except when--
(A) a court has exclusive authority under section 20511(c) of
this title; or
(B) a court has referred the applicant to the Attorney
General for an expedited oath administration under subsection
(c)(3) of this section.
(2) The individual shall notify the Attorney General of the choice to
take the oath before a court.
(c) Expedited Oath Administration.--(1) On demonstrating sufficient
cause, an individual may be granted an expedited oath administration by
the Attorney General or a court.
(2) When a court is deciding whether to grant an expedited oath
administration, the court shall consider--
(A) special circumstances such as serious illness of the
applicant or a member of the applicant's immediate family,
permanent disability sufficiently incapacitating to prevent the
applicant's personal appearance at the scheduled ceremony,
developmental disability, or advanced age; and
(B) exigent circumstances related to travel or employment.
(3) If an expedited oath administration by a court is impracticable,
the court shall refer the individual to the Attorney General. The
Attorney General then may provide for immediate administration of the
oath.
(d) Public Ceremonies Conducted by Attorney General.--The Attorney
General shall prescribe regulations to ensure that oath administration
ceremonies conducted by the Attorney General are public, dignified, and
conducted frequently and at regular intervals.
Sec. 20511. Court authority to administer oaths
(a) Definition.--In this section, ``eligible court'' means--
(1) a district court of the United States in any State; and
(2) any other court of record in a State if the court has a
seal, a clerk, and jurisdiction in actions at law, equity, or
both, in which the amount in controversy is unlimited.
(b) General Authority.--An eligible court may administer the oath
required for naturalization to individuals residing within the
jurisdiction of the court.
(c) Exclusive Authority.--(1) Subject to paragraphs (2) and (4) of
this subsection, an eligible court that wishes to have exclusive
authority to administer the oath to individuals residing within the
jurisdiction of the court has that authority on notifying the Attorney
General.
(2) The exclusive authority of a court to administer the oath applies
to an individual--
(A) only during the 45-day period beginning on the date the
Attorney General certifies to the court that the individual is
eligible to be naturalized; and
(B) only if, before the date of that certification, the court
has notified the Attorney General of the dates during that 45-
day period when oath administration ceremonies by the court are
scheduled.
(3) Subject to paragraph (4) of this subsection, the Attorney General
may not administer the oath to an individual during the period of a
court's exclusive authority under paragraph (2) of this subsection.
(4) A court may waive the exclusive authority to administer the oath
to an individual if the Attorney General has not provided the court the
certificate of eligibility for that individual within a reasonable time
before the day scheduled by the court for the oath administration
ceremony. When notified of a court's waiver, the Attorney General
promptly shall notify the applicant.
(d) Name Changes.--On petition of an individual applying for
naturalization, the court may order a change in the name of the
individual as part of the administration of the oath by the court. The
certificate of naturalization shall be issued with the new name.
Sec. 20512. Address to newly naturalized citizens
To enlist the aid of the judiciary, in cooperation with civil and
educational authorities, and patriotic organizations in a continuous
effort to dignify and emphasize the significance of citizenship, the
judge or someone designated by the judge shall address the newly
naturalized citizen, either at the time of the rendition of the decree
of naturalization or at another time the judge may fix, on the form and
genius of the Federal Government and the privileges and
responsibilities of citizenship.
Sec. 20513. Duties of Attorney General when court is to administer oath
(a) General.--When a court is to administer the oath to an individual
applying for naturalization, the Attorney General shall--
(1) provide the court with information necessary to
administer the oath to the individual, and if the court has
exclusive authority under section 20511(c) of this title,
provide the information not later than 10 days after approving
the application for naturalization; and
(2) promptly provide the court a certificate of
naturalization prepared by the Attorney General for the
individual.
(b) Notice to Applicants of Court's Exclusive Authority.--(1) If a
court has exclusive authority to administer the oath, the Attorney
General shall inform the applicant, at the time of approval of the
application for naturalization, of--
(A) the court's exclusive authority to administer the oath
during the period specified in section 20511(c)(2)(A) of this
title; and
(B) the dates when oath administration ceremonies by the
court are scheduled.
(2) If more than one court in an area has exclusive authority to
administer the oath, the Attorney General shall allow the applicant, at
the time of approval, to choose the court to administer the oath.
Sec. 20514. Forms and records
(a) Forms.--The Attorney General shall prescribe and provide forms to
carry out this chapter and sections 20901 and 20902 of this title. Only
those forms are lawful. Certificates of naturalization and certificates
of citizenship shall be printed on safety paper and numbered
consecutively in separate series.
(b) Declarations of Intention and Applications for Naturalization.--
Each district office of the Immigration and Naturalization Service in
the United States shall maintain, in chronological order, consecutively
numbered, and indexed, as a permanent record, all declarations of
intention and applications for naturalization filed in that office.
(c) Duties of Clerks of Courts.--The clerk of a court administering
oaths to applicants for naturalization shall--
(1) take responsibility for all blank certificates of
naturalization received from the Attorney General;
(2) return to the Attorney General any certificate of
naturalization that is unusable because damaged;
(3) account to the Attorney General for blank certificates of
naturalization when required by the Attorney General;
(4) give a certificate of naturalization prepared by the
Attorney General under section 20513(a)(2) of this title to
each individual administered the oath by the court;
(5) provide the Attorney General with a list of individuals
taking the oath at each scheduled ceremony, and information
about each of those individuals, not later than 30 days after
the end of the month in which the oath was administered; and
(6) provide the Attorney General with a certified copy of
other proceedings in, and orders by, the court related to the
naturalization of individuals, when required by the Attorney
General.
(d) Copies of Oaths of Individuals Who Lost Citizenship by Entering
Armed Forces of Foreign Countries.--When an individual described in
section 20316 of this title is naturalized, a certified copy of the
oath taken by the individual shall be provided by--
(1) the Attorney General to the Secretary of State if the
oath was administered by the Attorney General; and
(2) the clerk of the court to the Attorney General and the
Secretary if the oath was administered by a court.
Sec. 20515. Fees
(a) General.--The Attorney General shall charge, collect, and account
for fees prescribed by the Attorney General under section 9701 of title
31 for--
(1) filing a declaration of intention and issuing a duplicate
declaration; and
(2) filing an application for naturalization, holding a
hearing on the application, and issuing a certificate of
naturalization.
(b) Subpena and Witness Fees.--When filing an application for
naturalization, an individual requesting the issuance of a subpena
under section 20507(b) of this title shall deposit with the Attorney
General an amount sufficient to cover the cost of subpenaing each
witness and paying the witness the usual witness fee. On final
discharge of the witness and demand for payment, the Attorney General
shall pay the witness the usual witness fee from the amount deposited.
The Attorney General shall return any remaining amount to the
individual.
(c) Exemption for Individuals Serving in Armed Forces During War or
Military Operations.--(1) Except as provided in paragraph (2) of this
subsection, an individual serving in the armed forces of the United
States may not be charged a fee for filing an application for
naturalization or for issuance of a certificate of naturalization when
the United States is at war or engaged in military operations involving
armed conflict with a hostile foreign force as designated by the
President by executive order.
(2) If a state law requires a fee to be charged, the clerk of a state
court may charge that part of the fee required to be paid to the State.
(3) The clerk of a court shall report all transactions made under
this subsection to the Attorney General not later than 30 days after
the end of the month in which the transaction was made.
(d) Exemption From Replacement Fees for Individuals Who Served in
Armed Forces.--An individual may not be charged a fee for filing an
application to replace a declaration of intention or a certificate of
naturalization that is lost, destroyed, or mutilated if the individual
served in the armed forces of the United States after September 16,
1940, and was not--
(1) discharged other than honorably;
(2) discharged because of alienage; or
(3) a conscientious objector who performed no military duty
or refused to wear the uniform.
(e) Disposition of Fees.--(1) Except as otherwise provided in this
subsection, the Attorney General shall deposit all fees collected by
the Attorney General under this subtitle in the ``Immigration
Examinations Fee Account'' established under section 346(a) of this
title.
(2) Fees collected by the Attorney General under this subtitle from
residents of the Virgin Islands or Guam shall be paid to the treasury
of the Virgin Islands or Guam, respectively.
(3) A percentage of the fees described in subsection (a)(1) of this
section collected by the Attorney General shall be paid to courts
administering oaths under this chapter. In consultation with the
courts, the Attorney General shall determine the percentage each year
based on--
(A) the costs incurred by the courts for essential services
directly related to the naturalization process; divided by
(B) the total of those costs incurred by the courts and the
Immigration and Naturalization Service.
(f) Reports and Consultations.--The Attorney General shall--
(1) provide an annual report to the Committees on the
Judiciary of the Senate and House of Representatives on the use
of the fees described in subsection (e)(3) of this section; and
(2) consult with those committees before increasing those
fees.
CHAPTER 207--LOSS OF NATIONALITY
SUBCHAPTER I--BY VOLUNTARY ACTS
Sec.
20701. Acts resulting in loss of nationality.
20702. Acts not resulting in loss of nationality.
20703. Presumption that act is done voluntarily.
SUBCHAPTER II--REVOCATION OF NATURALIZATION
20711. Application.
20712. Grounds.
20713. Procedure.
20714. Effect on automatic naturalization.
20715. Cancellation of certificate of naturalization.
20716. Authority not affected.
SUBCHAPTER III--MISCELLANEOUS
20731. Burden of proof.
SUBCHAPTER I--BY VOLUNTARY ACTS
Sec. 20701. Acts resulting in loss of nationality
Except as provided in section 20702 of this title, a national of the
United States loses nationality of the United States under this
subchapter only by voluntarily performing any of the following acts
with the intention of relinquishing nationality of the United States:
(1) becoming a national of a foreign country, after becoming
18 years of age--
(A) on application of the national; or
(B) on application for the national filed by an agent
of the national.
(2) taking an oath or making a declaration of allegiance to a
foreign country or a political subdivision of a foreign country
after becoming 18 years of age.
(3) entering or serving in the armed forces of a foreign
country if--
(A) the armed forces are engaged in hostilities
against the United States; or
(B) the individual serves as a commissioned or
noncommissioned officer.
(4) accepting, serving in, or carrying out the duties and
powers of an office, a post, or employment under the government
of a foreign country or a political subdivision of a foreign
country, after becoming 18 years of age, if--
(A) the individual is or becomes a national of the
foreign country; or
(B) the office, post, or employment requires an oath
or declaration of allegiance.
(5) making a formal renunciation of nationality in a foreign
country before a diplomatic or consular officer in the way the
Secretary of State prescribes.
(6) making a formal written renunciation of nationality in
the United States in the way the Attorney General prescribes
before an officer or employee the Attorney General designates
when the United States is in a state of war and the Attorney
General approves the renunciation as not against the defense
interests of the United States.
(7) committing any of the following offenses for which the
individual is convicted by a court or court martial:
(A) treason against the Federal Government.
(B) attempting by force to overthrow the Government.
(C) bearing arms against the Government.
(D) violating or conspiring to violate section 2383
of title 18.
(E) violating section 2384 of title 18 by conspiring
to overthrow, put down, or destroy by force the
Government or to carry on war against the Government.
(F) willfully violating section 2385 of title 18.
Sec. 20702. Acts not resulting in loss of nationality
(a) When National in the United States or American Samoa.--A national
of the United States does not lose nationality under section 20701(1)-
(4) of this title when the national is in the United States or American
Samoa. However, an act specified in section 20701(1)-(4) and carried
out in the United States or American Samoa results in the loss of
nationality when the national establishes a residence outside the
United States and American Samoa.
(b) When Entering or Serving in Armed Forces of Foreign Country or
Renouncing Nationality as Minor.--A national of the United States does
not lose nationality under section 20701(3) or (5) of this title when
less than 18 years of age if the national claims the nationality within
6 months after becoming 18 years of age. The claim shall be made in the
way the Secretary of State prescribes by regulation.
(c) When Marrying Male Alien.--Notwithstanding any treaty ratified by
the Senate before December 25, 1952--
(1) a woman who was a national of the United States did not
lose nationality only because of marriage after--
(A) September 21, 1922, to an alien; or
(B) March 2, 1931, to an alien who was ineligible to
become a citizen of the United States because of race;
and
(2) a woman who was a citizen of the United States at birth
did not lose nationality because of residence outside the
United States after a marriage referred to in clause (1) of
this subsection.
Sec. 20703. Presumption that act is done voluntarily
An individual carrying out an act resulting in the loss of
nationality under this subchapter or any other law is presumed to have
carried out the act voluntarily. The presumption may be rebutted on a
showing by a preponderance of the evidence that the act was not carried
out voluntarily.
SUBCHAPTER II--REVOCATION OF NATURALIZATION
Sec. 20711. Application
This subchapter applies to any naturalization and certificate of
naturalization issued under this title or any other law.
Sec. 20712. Grounds
(a) General.--A court in which a civil action is brought under
section 20713 of this title shall revoke the order of naturalization of
an individualas a citizen of the United States and cancel the
individual's certificate of naturalization if the court decides--
(1) the order and certificate were obtained unlawfully, by
concealment of a material fact, or by willful
misrepresentation; or
(2) for an individual naturalized under section 20314 of this
title, the individual was discharged from the armed forces of
the United States other than honorably.
(b) Refusal To Testify Before Congressional Committee.--The refusal
of an individual within 10 years after naturalization of the individual
to testify as a witness before a congressional committee about
subversive activities of the individual is concealment of a material
fact or willful misrepresentation under subsection (a)(1) of this
section if the individual is convicted of contempt for the refusal.
(c) Membership In, or Affiliation With, Certain Organizations.--If an
individual naturalized after December 24, 1952, became a member of or
affiliated with an organization within 5 years after naturalization and
the membership or affiliation at the time of naturalization would have
prevented the individual from being naturalized under section 20331 of
this title, the membership or affiliation is prima facie evidence that
the individual was not attached to the principles of the Constitution
and was not well disposed to the good order and happiness of the United
States at the time of naturalization. If there is no contrary evidence,
a court may act under subsection (a)(1) of this section on the ground
that the naturalization was obtained by concealment of a material fact
or by willful misrepresentation.
(d) Adjustment of Status.--An individual is deemed to have obtained
naturalization by concealment of a material fact or by willful
misrepresentation if--
(1) the individual was naturalized as a citizen of the United
States based on a record of lawful admission for permanent
residence made as a result of an adjustment of the individual's
status;
(2) the individual was not eligible for the adjustment of
status; and
(3) the Attorney General rescinds the adjustment of status
under section 9107(a) of this title.
(e) Proof of Discharge From Armed Forces.--Discharge from the armed
forces of the United States other than honorably shall be proved by a
certification from the head of the executive department of the Federal
Government under which the individual served.
(f) Courts To Revoke Naturalization Orders When Naturalization
Convictions Involved.--A court having jurisdiction to try a violation
of section 1425 of title 18 has jurisdiction to revoke orders of
naturalization and cancel certificates of naturalization. A court in
which an individual is convicted of knowingly obtaining naturalization
in violation of section 1425 shall revoke the order of naturalization
of the individual as a citizen and cancel the certificate of
naturalization of the individual.
Sec. 20713. Procedure
(a) Bringing Civil Actions To Revoke.--If grounds exist under section
20712 of this title, the Attorney General shall bring a civil action to
revoke the order of naturalization of an individual as a citizen of the
United States and to cancel the certificate of naturalization. When
bringing the action, the Attorney General shall file an affidavit
showing good cause.
(b) Venue.--An action under this section shall be brought in a
district court of the United States for the judicial district in which
the individual resides. If the individual does not reside in a judicial
district in the United States, the action may be brought in the United
States District Court for the District of Columbia or the district in
which the individual last resided.
(c) Notice and Answer.--The individual shall be given personal notice
and, unless waived, 60 days to answer in an action brought under this
section. If the individual is absent from the United States or the
judicial district in which the individual last resided, notice shall be
given by personal service or by publication in the way provided for
service by publication or on absentees by the law of the State or place
in which the action is brought.
(d) Effective Date of Revocation and Cancellation.--Revocation and
cancellation under this subchapter are effective from the date of the
naturalization order and certificate of naturalization.
Sec. 20714. Effect on automatic naturalization
An individual claiming citizenship of the United States through the
naturalization of a parent or spouse loses that citizenship when the
order of naturalization of the parent or spouse as a citizen is revoked
and the certificate of naturalization is canceled under--
(1) section 20712(a)(1) of this title because the order and
certificate were obtained by concealment of a material fact or
by willful misrepresentation;
(2) section 20712(a)(2) of this title on a ground other than
that the order and certificate were obtained by concealment of
a material fact or by willful misrepresentation, if the
individual does not reside in the United States when the order
is revoked and the certificate is canceled; or
(3) section 20712(c) of this title, if the individual does
not reside in the United States when the order is revoked and
the certificate is canceled.
Sec. 20715. Cancellation of certificate of naturalization
(a) Duties of Court.--A court revoking an order of naturalization as
a citizen of the United States or canceling a certificate of
naturalization, or both, under this subchapter shall prepare an order
canceling the certificate and send a certified copy to the Attorney
General.
(b) Surrender of Canceled Certificate.--On notice by the court
canceling a certificate of naturalization or by the Attorney General,
an individual holding a canceled certificate of naturalization shall
surrender it to the Attorney General.
Sec. 20716. Authority not affected
This subchapter does not affect the authority of the Attorney General
to reopen, change, or vacate an order of naturalization of an
individual as a citizen of the United States.
SUBCHAPTER III--MISCELLANEOUS
Sec. 20731. Burden of proof
A person claiming that an individual has lost nationality of the
United States under this chapter or any other law has the burden of
proving, by a preponderance of the evidence, that the loss occurred.
CHAPTER 209--NATIONALITY DOCUMENTS
Sec.
20901. Certificates of naturalization.
20902. Certificates of citizenship.
20903. Certificates of nationality.
20904. Other documents to prove citizenship.
20905. Cancellation of documents and records.
20906. Certificates of loss of nationality.
20907. Certifications of records.
Sec. 20901. Certificates of naturalization
(a) Issuance and Content.--The Attorney General shall issue a
certificate of naturalization to an individual when the individual is
naturalized as a citizen of the United States. The certificate shall
contain--
(1) the number of the individual's application for
naturalization;
(2) the number of the certificate;
(3) the individual's name (as changed if a change of name is
granted by a court as part of the administration of the oath
required for naturalization);
(4) the individual's signature;
(5) the individual's place of residence;
(6) a signed photograph of the individual;
(7) a personal description of the individual, including age,
sex, and marital status;
(8) the individual's prior nationality;
(9) a statement that the Attorney General, having decided
that the individual has satisfied the applicable provisions of
this title, ordered the individual naturalized as a citizen;
(10) the date of the naturalization;
(11) the location of the district office of the Immigration
and Naturalization Service in which the application was filed;
(12) the title, authority, and location of the official or
court administering the oath required for naturalization; and
(13) the attestation of an immigration officer and the seal
of the Department of Justice.
(b) Replacement Certificates.--(1) On application to the Attorney
General, the Attorney General shall issue to a naturalized citizen--
(A) a new certificate of naturalization to replace a
certificate that the Attorney General finds is lost, destroyed,
or mutilated, and if mutilated, is surrendered to the Attorney
General; or
(B) a new certificate of naturalization with the citizen's
new name when the Attorney General finds that the citizen's
name has been changed by marriage or order of a court of
competent jurisdiction after naturalization.
(2) The Attorney General shall notify the court that naturalized the
citizen of the issuance of a new certificate under paragraph (1)(B) of
this subsection.
(c) Special Certificates To Obtain Recognition by Foreign
Countries.--On application by a naturalized citizen to the Attorney
General, the Attorney General shall issue for the citizen a special
certificate of naturalization to be used only to obtain recognition as
a citizen of the United States by the government of a foreign country.
The certificate shall be submitted to the Secretary of State for
submission to the proper authority of the government of the foreign
country.
(d) Photographs.--An application to the Attorney General for a
certificate of naturalization or a special certificate of
naturalization shall include 3 identical photographs of the individual
applying. One photograph shall be attached to the certificate and the
others to the copies of the certificate retained by the Commissioner of
Immigration and Naturalization.
(e) Surrender of Found Certificates.--A person coming into possession
of a certificate of naturalization that was lost shall surrender the
certificate to the Attorney General.
Sec. 20902. Certificates of citizenship
(a) Applications.--An individual may apply to the Attorney General
for a certificate of citizenship if the individual claims to be a
citizen of the United States because of--
(1) the naturalization of a parent of the individual;
(2) the naturalization or citizenship of the individual's
husband;
(3) section 1993 of the Revised Statutes;
(4) the Act of May 7, 1934 (ch. 221, 48 Stat. 667);
(5) the Act of August 4, 1937 (ch. 563, 50 Stat. 558);
(6) section 201(c), (d), (e), (g), or (i), 203, or 205 of the
Nationality Act of 1940 (ch. 876, 54 Stat. 1138, 1139); or
(7) section 20102(a), 20104(a), or 20106 of this title.
(b) Photographs.--An application under subsection (a) of this section
shall include 3 identical photographs of the individual applying. One
photograph shall be attached to the certificate and the others to the
copies of the certificate retained by the Commissioner of Immigration
and Naturalization.
(c) Issuance.--The Attorney General shall issue a certificate of
citizenship to an individual if--
(1) the Attorney General is satisfied that the individual is
a citizen as claimed under subsection (a) of this section;
(2) the individual takes, and signs, in front of an
immigration officer the oath required for naturalization,
unless waived under section 20509(c) of this title; and
(3) the individual is in the United States when the oath is
taken and the certificate is issued.
(d) Replacement Certificates.--The Attorney General shall issue a new
certificate of citizenship to a citizen applying to replace a
certificate that the Attorney General finds is lost, destroyed, or
mutilated, and if mutilated, is surrendered to the Attorney General. A
person coming into possession of a certificate that was lost shall
surrender the certificate to the Attorney General.
Sec. 20903. Certificates of nationality
(a) Certificates for Use in Foreign Country Proceedings.--Under
regulations the Secretary of State prescribes, the Secretary may issue
a certificate of nationality for an individual if the Secretary is
satisfied that the individual is a national of the United States at
birth and that the certificate is needed for an administrative or
judicial proceeding of a foreign country. The certificate is only for
use in the proceeding for which it is issued. The Secretary shall
submit the certificate to the appropriate foreign administrative or
judicial officer.
(b) Certificates Issued to Individuals.--An individual claiming to be
a national, but not a citizen, of the United States may apply to the
Secretary for a certificate of non-citizen national status. The
Secretary shall issue the certificate if--
(1) the Secretary is satisfied that the individual is a
national, but not a citizen, of the United States;
(2) for an individual born outside the United States or
American Samoa, the individual takes, and signs, in front of an
immigration officer in the United States or American Samoa, the
oath required for naturalization; and
(3) the individual is in the United States or American Samoa
when the certificate is issued.
Sec. 20904. Other documents to prove citizenship
The following documents have the same effect as a certificate of
naturalization or a certificate of citizenship to prove that an
individual is a citizen of the United States:
(1) A passport issued by the Secretary of State to a citizen
of the United States during its period of validity if the
period is the maximum allowed by law.
(2) A ``Report of Birth Abroad of a Citizen of the United
States'' issued by a consular officer to document a citizen
born outside the United States.
Sec. 20905. Cancellation of documents and records
(a) Attorney General.--(1) The Attorney General may cancel a
citizenship or nationality document or record issued by the Attorney
General if satisfied that it was obtained fraudulently or unlawfully.
(2) The Attorney General shall send written notice of an intention to
cancel the document or record, and the reason for the cancellation, to
the individual to whom the document or record was issued, at the
individual's last known address. The Attorney General shall give the
individual at least 60 days to show cause why the document or record
should not be canceled.
(b) Secretary of State.--(1) The Secretary of State may cancel a
United States passport or a ``Report of Birth Abroad of a Citizen of
the United States'' issued by a consular officer to document a citizen
born outside the United States, or a certified copy, if it appears to
have been obtained fraudulently, unlawfully, or erroneously.
(2) The Secretary shall send written notice of the cancellation to
the individual to whom the document was issued, at the individual's
last known address. The notice shall include notice of the procedure to
seek a prompt post-cancellation hearing.
(c) Effect of Cancellation.--Cancellation of a document or record
showing the citizenship status of an individual under this section
affects only the record and not the citizenship status of the
individual.
Sec. 20906. Certificates of loss of nationality
(a) Certificate by Diplomatic or Consular Officer.--When a diplomatic
or consular officer believes that an individual in a foreign country
has lost the nationality of the United States under section 20701 of
this title or chapter IV of the Nationality Act of 1940 (ch. 876, 54
Stat. 1168), the officer shall certify in writing to the Secretary of
State, under regulations the Secretary prescribes, the facts on which
the officer's belief is based.
(b) Approval by Secretary of State.--(1) If the Secretary approves
the certificate, the Secretary shall provide a copy to the Attorney
General and direct the officer to provide a copy to the individual.
(2) The Secretary's approval of the certificate is--
(A) a final administrative decision of loss of nationality,
subject to procedures for administrative appeal the Secretary
may prescribe by regulation; and
(B) a denial of a right or privilege under section 21101 of
this title.
Sec. 20907. Certifications of records
The Attorney General may make a certification of any part of a
naturalization record of a court, a certificate of naturalization, or a
certificate of citizenship, for use in complying with a law or in a
judicial proceeding. The clerk of a court may make such a certification
only on order of the court.
CHAPTER 211--MISCELLANEOUS
Sec.
21101. Procedure if denied a right or privilege as a national.
21102. Information about citizenship.
Sec. 21101. Procedure if denied a right or privilege as a national
(a) Individuals in the United States.--(1) Except as provided in
paragraph (4) of this subsection, an individual in the United States
may bring a civil action under section 2201 of title 28 against the
head of a department or independent agency for a judgment declaring
that the individual is a national of the United States if--
(A) the individual claims a right or privilege as a national
of the United States; and
(B) any official of the department or independent agency
denies the claim because the individual is not a national of
the United States.
(2) The action must be brought--
(A) in the district court of the United States for the
judicial district in which the individual resides or claims a
residence; and
(B) within 5 years after the final administrative denial of
the right or privilege.
(3) A court referred to in paragraph (2)(A) of this subsection has
jurisdiction over the head of the department or agency in that action.
(4) An individual may not bring an action under this subsection if
the issue of the individual's nationality arose in connection with a
removal proceeding.
(b) Individuals Not in the United States.--(1) An individual not in
the United States may apply to a consular officer or diplomatic officer
of the United States in the country in which the individual resides for
a certificate of identity to travel to the United States and apply for
admission if--
(A) the individual claims a right or privilege as a national
of the United States;
(B) any official of a department or independent agency denies
the claim because the individual is not a national of the
United States; and
(C) the individual--
(i) had been physically present in the United States
at some time before applying for the certificate; or
(ii) is less than 16 years of age and was born
outside the United States to a parent who is a citizen
of the United States.
(2) The diplomatic or consular officer shall issue the certificate if
satisfied that the application is made in good faith and has a
substantial basis. If the officer denies the application, the
individual may appeal to the Secretary of State. If the Secretary
approves the denial, the Secretary shall state the reasons in writing.
(3) An individual in possession of a certificate issued to that
individual under this subsection may apply for admission to the United
States. The individual is subject to the provisions of this title
related to the conduct of proceedings for aliens seeking admission to
the United States. A final decision by the Attorney General that the
individual is not entitled to admission is subject to review only in a
habeas corpus proceeding by any court of competent jurisdiction.
(4) The Secretary shall prescribe regulations for the issuance of
certificates under this subsection.
(c) Application of Laws on Admission of Aliens.--An individual
described in this section who is finally denied admission to the United
States is subject to all the provisions of this title applicable to
aliens seeking admission to the United States.
Sec. 21102. Information about citizenship
(a) Promoting United States Citizenship.--To promote the
opportunities and responsibilities of citizenship of the United States,
the Attorney General shall distribute broadly information about the
benefits individuals may receive under this subtitle and the
requirements to obtain those benefits. In carrying out this subsection,
the Attorney General shall seek the assistance of appropriate community
groups, private voluntary agencies, and other relevant organizations.
(b) Instruction in Citizenship Responsibilities.--The Attorney
General may promote instruction and training in citizenship
responsibilities of applicants for naturalization, including--
(1) giving names of applicants for naturalization to public
schools;
(2) preparing citizenship textbooks and distributing the
textbooks without charge to applicants receiving instruction in
citizenship responsibilities under the supervision of public
schools;
(3) preparing and distributing a monthly immigration and
naturalization bulletin; and
(4) seeking the cooperation of official state and national
organizations, including organizations concerned with
vocational education.
(c) Reimbursement.--Based on a statement by the Attorney General that
the citizenship textbooks have been prepared and distributed as
provided in subsection (b)(2) of this section, naturalization fees
deposited in the Treasury by the Attorney General may be used to
reimburse the appropriation of the Department of Justice for the cost
of preparing and distributing the textbooks.
SEC. 2. CONFORMING PROVISIONS.
(a) Title 8.--Effective June 1, 2002, section 8304 of title 8, United
States Code, is amended as follows:
(1) Subsection (b) is amended to read as follows:
``(b) Waivers.--The Attorney General may waive the 2-year residence
requirement of subsection (a) of this section if the Attorney General
finds that admitting the alien would be in the public interest, after
receiving a favorable recommendation from--
``(1) the Director--
``(A) because of a request from an interested agency;
or
``(B) if the foreign country of the alien's
nationality or last residence provides the Director
with a written statement that it does not object to the
waiver, except that this subclause does not apply to an
alien described in subsection (a)(3) of this section;
or
``(2) the Commissioner of Immigration and Naturalization if
the Commissioner finds that--
``(A) departure from the United States would impose
exceptional hardship on the alien's spouse or child
when the spouse or child is a citizen of the United
States or lawfully admitted for permanent residence; or
``(B) the alien would be subject to persecution on
account of race, religion, or political opinion if the
alien returned to the foreign country of the alien's
nationality or last residence.''.
(2) Strike subsection (c).
(b) Title 10.--Section 885 of title 10, United States Code, is
amended by adding at the end the following new subsection:
``(d) Any person found guilty of desertion in time of war may not--
``(1) hold an office of trust or profit under the United
States; or
``(2) exercise the rights of a citizen of the United
States.''.
(c) Elementary and Secondary Education Act of 1965.--In the
Elementary and Secondary Education Act of 1965 (20 U.S.C. 6301 et
seq.), strike the heading for part C of title VII.
(d) Act of August 1, 1956.--Section 6(a) of the Act of August 1, 1956
(50 U.S.C. 855(a)), is amended by--
(1) striking the subsection designation ``(a)''; and
(2) striking ``make'' and substituting ``makes''.
(e) Military Selective Service Act.--Section 12 of the Military
Selective Service Act (50 App. U.S.C. 462) is amended by adding at the
end the following new subsection:
``(h) On conviction by a court of competent jurisdiction, a person
registered under this Act who leaves the district in which registered,
or a person (whether or not registered under this Act) who leaves the
United States, with the intent to evade a lawfully ordered draft while
the United States is at war, may not--
``(1) hold an office of trust or profit under the United
States; or
``(2) exercise the rights of a citizen of the United
States.''.
(f) An alien provided benefits under section 301 of the Immigration
Act of 1990 (Public Law 101-649, 104 Stat. 5029) whom the Attorney
General authorizes to travel outside the United States temporarily and
who returns to the United States according to that authorization--
(1) shall be inspected and admitted in the same immigration
status the alien had at the time of departure if the alien is
found not to be inadmissible on a ground referred to in section
301(a)(1) of the Immigration Act of 1990 (Public Law 101-649,
104 Stat. 5029); and
(2) has not failed to maintain continuous physical presence
in the United States under section 6721(a) of this title
because of the departure if the absence meets the requirements
of section 6721(c).
SEC. 3. CONFORMING CROSS-REFERENCES.
(a) Title 5.--Section 5549(2) of title 5, United States Code, is
amended by striking ``sections 1353a and 1353b'' and substituting
``section 303''.
(b) Title 10.--Title 10, United States Code, is amended as follows:
(1) In section 374(b)(4)(A)(ii), strike ``Any of sections 274
through 278 of the Immigration and Nationality Act (8 U.S.C.
1324-1328)'' and substitute ``Any of sections 10126, 10147-
10151, 10153, and 10155 of title 8''.
(2) In section 1060a(f)(2)(B), strike ``in accordance with
the Immigration and Nationality Act (8 U.S.C. 1101 et seq.)''
and substitute ``under title 8''.
(3) In section 2864(a), strike ``section 101(a)(15)(H)(ii) of
the Immigration and Nationality Act (8 U.S.C.
1101(a)(15)(H)(ii))'' and substitute ``section 2314 or 2315 of
title 8''.
(4) In sections 3253 and 8253, strike ``the Immigration and
Nationality Act (8 U.S.C. 1101 et seq.)'' and substitute
``title 8''.
(5) In sections 12102(b)(1) and 12201(b)(1), strike ``the
Immigration and Nationality Act (8 U.S.C. 1101 et seq.)'' and
substitute ``title 8''.
(c) Title 18.--Title 18, United States Code, is amended as follows:
(1) In section 32(b), strike ``section 101(a)(22) of the
Immigration and Nationality Act'' and substitute ``section 126
of title 8''.
(2) In section 37(b)(2)(B), strike ``section 101(a)(22) of
the Immigration and Nationality Act (8 U.S.C. 1101(a)(22))''
and substitute ``section 126 of title 8''.
(3) In section 178(5), strike ``section 101(a)(22) of the
Immigration and Nationality Act (8 U.S.C. 1101(a)(22))'' and
substitute ``section 126 of title 8''.
(4) In section 831(f)(6), strike ``section 101(a)(22) of the
Immigration and Nationality Act (8 U.S.C. 1101(a)(22))'' and
substitute ``section 126 of title 8''.
(5) In section 982(a)(6)(A)(ii), strike ``section 274A(a)(1)
or 274A(a)(2) of the Immigration and Nationality Act'' each
place it appears and substitute ``section 11102(a) of title
8''.
(6) In section 1091(d)(2), strike ``section 101 of the
Immigration and Nationality Act (8 U.S.C. 1101)'' and
substitute ``section 126 of title 8''.
(7) In section 1116(b)(7), strike ``section 101(a)(22) of the
Immigration and Nationality Act (8 U.S.C. 1101(a)(22))'' and
substitute ``section 126 of title 8''.
(8) In section 1119(a), strike ``section 101(a)(22) of the
Immigration and Nationality Act (8 U.S.C. 1101(a)(22))'' and
substitute ``section 126 of title 8''.
(9) In section 1201(e), strike ``section 101(a)(22) of the
Immigration and Nationality Act (8 U.S.C. 1101(a)(22))'' and
substitute ``section 126 of title 8''.
(10) In section 1203(c), strike ``section 101(a)(22) of the
Immigration and Nationality Act (8 U.S.C. 1101(a)(22))'' and
substitute ``section 126 of title 8''.
(11) In section 1546(b), strike ``section 274A(b) of the
Immigration and Nationality Act'' and substitute ``section
11103 of title 8''.
(12) In section 1961(1)(F), strike ``the Immigration and
Nationality Act, section 274 (relating to bringing in and
harboring certain aliens), section 277 (relating to aiding or
assisting certain aliens to enter the United States), or
section 278 (relating to importation of alien for immoral
purpose) if the act indictable under such section of such Act''
and substitute ``section 10147, 10150, or 10151 of title 8 if
the act indictable under that section''.
(13) In section 2280(e), strike ``section 101(a)(22) of the
Immigration and Nationality Act (8 U.S.C. 1101(a)(22))''and
substitute ``section 126 of title 8''.
(14) In section 2281(d), strike ``section 101(a)(22) of the
Immigration and Nationality Act (8 U.S.C. 1101(a)(22))'' and
substitute ``section 126 of title 8''.
(15) In section 2331(2), strike ``section 101(a)(22) of the
Immigration and Nationality Act'' and substitute ``section 126
of title 8''.
(16) In section 2332a(c)(1), strike ``section 101(a)(22) of
the Immigration and Nationality Act (8 U.S.C. 1101(a)(22))''
and substitute ``section 126 of title 8''.
(17) In section 2332c(b)(1), strike ``section 101(a)(22) of
the Immigration and Nationality Act (8 U.S.C. 1101(a)(22))''
and substitute ``section 126 of title 8''
(18) In section 2441(b), strike ``section 101 of the
Immigration and Nationality Act'' and substitute ``section 126
of title 8''.
(19) Section 2516(1) is amended as follows:
(A) In subsection (m), strike ``section 274, 277, or
278 of the Immigration and Nationality Act (8 U.S.C.
1324, 1327, or 1328) (relating to the smuggling of
aliens)'' and substitute ``section 10147, 10150, or
10151 of title 8''.
(B) In subsection (p), as designated by section
201(3) of the Illegal Immigration Reform and Immigrant
Responsibility Act of 1996 (Pub. L. 104-208, 110 Stat.
3009-565), strike ``section 274, 277, or 278 of the
Immigration and Nationality Act (relating to the
smuggling of aliens)'' and substitute ``section 10147,
10150, or 10151 of title 8''.
(20) Section 3077(2) is amended as follows:
(A) In clause (A), strike ``section 101(a)(22) of the
Immigration and Nationality Act (8 U.S.C.
1101(a)(22))'' and substitute ``section 126 of title
8''.
(B) In clause (B), strike ``section 101(a)(20) of the
Immigration and Nationality Act (8 U.S.C.
1101(a)(20))'' and substitute ``section 123 of title
8''.
(21) In section 3142(d)(1)(B), strike ``section 101(a)(20) of
the Immigration and Nationality Act (8 U.S.C. 1101(a)(20))''
and substitute ``section 123 of title 8''.
(22) In section 3181(c), strike ``section 101(a)(22) of the
Immigration and Nationality Act (8 U.S.C. 1101(a)(22))'' and
substitute ``section 126 of title 8''.
(23) In section 3563(b)(21), strike ``section 238(d)(5) of
the Immigration and Nationality Act'' and substitute ``section
6706(g) of title 8''.
(24) Section 4113 is amended as follows:
(A) In subsection (a), strike ``section 240B of the
Immigration and Nationality Act'' and substitute
``section 6714 of title 8''.
(B) In subsections (b) and (c), strike ``section 240
of the Immigration and Nationality Act'' and substitute
``section 6704 of title 8''.
(d) Internal Revenue Code of 1986.--The Internal Revenue Code of 1986
(26 U.S.C. 1 et seq.) is amended as follows:
(1) In section 871(c), strike ``subparagraph (F), (J), (M),
or (Q) of section 101(a)(15) of the Immigration and Nationality
Act, as amended (8 U.S.C. 1101(a)(15)(F), (J), (M), or (Q))''
and substitute ``section 2310, 2311, 2312, or 2320 of title 8,
United States Code''.
(2) In sections 872(b)(3), strike ``subparagraph (F), (J), or
(Q) of section 101(a)(15) of the Immigration and Nationality
Act, as amended'' and substitute ``section 2310, 2312, or 2320
of title 8, United States Code''.
(3) In section 1441(b), strike ``subparagraph (F), (J), (M),
or (Q) of section 101(a)(15) of the Immigration and Nationality
Act'' and substitute ``section 2310, 2311, 2312, or 2320 of
title 8, United States Code,''.
(4) Section 3121(b) is amended as follows:
(A) In clause (18), strike ``section
101(a)(15)(H)(ii) of the Immigration and Nationality
Act (8 U.S.C. 1101(a)(15)(H)(ii))'' and substitute
``section 2314 or 2315 of title 8, United States
Code''.
(B) In clause (19), strike ``subparagraph (F), (J),
(M), or (Q) of section 101(a)(15) of the Immigration
and Nationality Act, as amended'' and ``in subparagraph
(F), (J), (M), or (Q)'' and substitute ``section 2310,
2311, 2312, or 2320 of title 8, United States Code''
and ``in section 2310, 2311, 2312, or 2320'',
respectively.
(5) In section 3231(e)(1), strike ``subparagraph (F), (J),
(M), or (Q) of section 101(a)(15) of the Immigration and
Nationality Act, as amended'' and ``in subparagraph (F), (J),
(M), or (Q)'' and substitute ``section 2310, 2311, 2312, or
2320 of title 8, United States Code'' and ``in section 2310,
2311, 2312, or 2320'', respectively.
(6) In section 3304(a)(14)(A), strike ``section 212(d)(5) of
the Immigration and Nationality Act'' and substitute ``section
6121 of title 8, United States Code''.
(7) Section 3306(c) is amended as follows:
(A) In clause (1)(B), strike ``sections 214(c) and
101(a)(15)(H) of the Immigration and Nationality Act''
and substitute ``section 2314 of title 8, United States
Code''.
(B) In clause (19), strike ``subparagraph (F), (J),
(M), or (Q) of section 101(a)(15) of the Immigration
and Nationality Act, as amended (8 U.S.C
1101(a)(15)(F), (J), (M), or (Q))'' and ``in
subparagraph (F), (J), (M), or (Q)'' and substitute
``section 2310, 2311, 2312, or 2320 of title 8, United
States Code'' and ``in section 2310, 2311, 2312, or
2320'', respectively.
(8) Section 6039G(c) is amended as follows:
(A) In clause (1), the words ``paragraph (5) of
section 349(a) of the Immigration and Nationality Act
(8 U.S.C. 1481(a)(5))'' and substitute ``section
20701(5) of title 8, United States Code''.
(B) In clause (2), the words ``paragraph (1), (2),
(3), or (4) of section 349(a) of the Immigration and
Nationality Act (8 U.S.C. 1481(a)(1)-(4))'' and
substitute ``section 20701(1), (2), (3), or (4) of
title 8, United States Code''.
(9) In section 6103(m)(4)(A)(ii)(II), strike ``section
3(a)(1) of the Migration and Refugee Assistance Act of 1962''
and substitute ``section 13308(a)(1) of title 8, United States
Code,''.
(10) Section 7701(b)(5) is amended as follows:
(A) In paragraph (C)(i), strike ``subparagraph (J) or
(Q) of section 101(15) of the Immigration and
Nationality Act'' and substitute ``section 2312 or 2320
of title 8, United States Code''.
(B) In paragraph (D)(i)(I), strike ``subparagraph (F)
or (M) of section 101(a)(15) of the Immigration and
Nationality Act'' and substitute ``section 2310 or 2311
of title 8, United States Code''.
(C) In paragraph (D)(i)(II), strike ``subparagraph
(J) or (Q) of such section 101(15)'' and substitute
``section 2312 or 2320 of title 8, United States
Code''.
(e) Title 28.--Title 28, United States Code, is amended as follows:
(1) In section 751(e), strike ``naturalization fees listed in
section 742 of Title 8 and''.
(2) In section 1605(a)(7)(B)(ii), strike ``section 101(a)(22)
of the Immigration and Nationality Act'' and substitute
``section 126 of title 8''.
(3) In section 1821(e), strike ``section 212(d)(5) of the
Immigration and Nationality Act (8 U.S.C. 1182(d)(5))'' and
``section 240 of such Act (8 U.S.C. 1252(b))'' and substitute
``section 6121 of title 8'' and ``section 6704 of title 8'',
respectively.
(f) Title 46.--Title 46, United States Code, is amended as follows:
(1) In section 2101(3a), strike ``section 101(a)(22) of the
Immigration and Nationality Act (8 U.S.C. 1101(a)(22))'' and
substitute ``section 126 of title 8''.
(2) In section 8103(i)(1)(C), strike ``the Immigration and
Nationality Act (8 U.S.C. 1101 et seq.)'' and substitute
``title 8''.
(3) In section 8704, strike ``section 274A of the Immigration
and Nationality Act (8 U.S.C. 1324a)'' and substitute ``chapter
111 of title 8''.
(g) Title 49.--Section 46502(b)(3) of title 49, United States Code,
is amended by striking ``section 101(a)(22) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)(22))'' and substituting ``section 126
of title 8''.
SEC. 4. LEGISLATIVE PURPOSE AND CONSTRUCTION.
(a) No Substantive Change.--Sections 1 and 2 of this Act restate,
without substantive change, laws enacted before September 16, 1997,
that were replaced by those sections. Those sections may not be
construed as making a substantive change in the laws replaced. Laws
enacted after September 15, 1997, that are inconsistent with this Act
supersede this Act to the extent of the inconsistency.
(b) References.--A reference to a law replaced by section 1 or 2 of
this Act, including a reference in a regulation, order, or other law,
is deemed to refer to the corresponding provision enacted by this Act.
(c) Continuing Effect.--An order, rule, or regulation in effect under
a law replaced by section 1 or 2 of this Act continues in effect under
the corresponding provision enacted by this Act until repealed,
amended, or superseded.
(d) Actions and Offenses Under Prior Law.--An action taken or an
offense committed under a law replaced by section 1 or 2 of this Act is
deemed to have been taken or committed under the corresponding
provision enacted by this Act.
(e) Inferences.--An inference of a legislative construction is not to
be drawn by reason of the location in the United States Code of a
provision enacted by this Act or by reason of a caption or catch line
of the provision.
(f) Severability.--If a provision enacted by this Act is held
invalid, all valid provisions that are severable from the invalid
provision remain in effect. If a provision enacted by this Act is held
invalid in any of its applications, the provision remains valid for all
valid applications that are severable from any of the invalid
applications.
SEC. 5. REPEALS.
(a) Inferences of Repeal.--The repeal of a law by this Act may not be
construed as a legislative inference that the provision was or was not
in effect before its repeal.
(b) Repealer Schedule.--The laws specified in the following schedule
are repealed, except for rights and duties that matured, penalties that
were incurred, and proceedings that were begun before the date of
enactment of this Act:
Schedule of Laws Repealed
Statutes at Large
--------------------------------------------------------------------------------------------------------------------------------------------------------
Statutes at Large U.S. Code
Date Chapter or Public Law Section --------------------------------------------------------
Volume Page Title Section
--------------------------------------------------------------------------------------------------------------------------------------------------------
1875
Feb. 18 80...................... 1 (14th par. on p. 318)...... 18 318..................... 8 359
1879
Mar. 3 182..................... 2............................ 20 402..................... 8 63
1887
Feb. 8 119..................... 6 (2d sentence less provisos) 24 390..................... 8 3
....................... ............................. ...... ........................ 25 349
1888
Feb. 1 4....................... 1 (last par. under heading 25 9....................... 8 63
``Pay Department'').
1891
Mar. 3 551..................... 1, 4, 6-13................... 26 1084, 1085.............. 8 1552
1893
Mar. 3 206..................... 1-7, 9, 10................... 27 569, 571................ ..... ..............
1894
Mar. 17 Art. III................ ............................. 28 1211.................... 8 298
Aug. 18 301..................... 1 (last par. on p. 390)...... 28 390..................... 8 174
1895
Mar. 2 177..................... 1 (last par. beginning on p. 28 780..................... 8 103, 1552,
780). 1554
1898
July 1 546..................... 1 (2d par. under heading 30 640..................... 8 63
``Back Pay and Bounty'').
1900
Apr. 30 339..................... 4............................ 31 141..................... 48 494
1901
Mar. 2 853..................... 1 (next-to-last par. before 31 1168.................... ..... ..............
heading ``Quarantine
Service'').
868..................... ............................. 31 1447.................... 8 8
1902
June 14 1088.................... 2............................ 32 386..................... 22 212
July 1 1351.................... (3d complete par. on p. 556). 32 556..................... 8 64
1903
Feb. 14 552..................... 4 (related to immigration), 7 32 826, 828................ 8 121, 261, 1551
(related to immigration).
1904
Apr. 28 1762.................... 1 (par. under heading 33 478..................... 8 298
``Enforcement of the Chinese-
Exclusion Act'').
Pub. H. 33.............. ............................. 33 591..................... 8 140, 1552
1906
May 8 2348.................... ``Sec. 6 (2d sentence less 34 182..................... 8 3
provisos)''.
June 29 8692.................... 26........................... 34 603..................... ..... ..............
8624.................... ............................. 34 630..................... 8 407
1910
June 25 395..................... 6 (1st par.)................. 36 826..................... 8 1557
401..................... 2............................ 36 830..................... ..... ..............
1913
Mar. 4 141..................... 3 (related to Commissioner of 37 737..................... 8 1551, 1552
Naturalization and ``known
as the Commissioner General
of Immigration, the
Commissioners of
Immigration, the Bureau of
Immigration and
Naturalization, the Division
of Information, the Division
of Naturalization, and the
Immigration Service at
Large'' in 1st-3d sentences).
1915
Mar. 4 147..................... 1 (par. under heading 38 1151.................... 8 112
``Immigration Service'').
1917
Mar. 2 145..................... 5, 5a (provisos)............. 39 953..................... 8 5, 5a
Mar. 3 163..................... 1 (pars. under headings 39 1118.................... 8 1552
``Bureau of Immigration''
and ``Bureau of
Naturalization'').
June 12 27...................... 1 (1st provisos on pp. 170, 40 170, 171................ 8 118, 402
171).
June 15 30...................... 1............................ 40 227..................... 22 213
1918
May 9 69...................... 2 (less last proviso), 3 (1st 40 546, 548................ 8 359, 395, 406,
par.). 416
1919
Aug. 15 50...................... ............................. 41 280..................... 8 114
1920
June 4 223..................... 1, 2, 4, 5................... 41 750, 751................ 22 214, 215, 216
1921
Mar. 3 120..................... 3 (1st sentence 1st-29th 41 1250.................... 8 3
words).
Mar. 4 161..................... 1 (2d par. under heading 41 1424.................... 8 1353c
``Immigration Service'').
1922
Mar. 28 117..................... (pars. under headings 42 486..................... 8 118, 1552
``Bureau of Immigration'',
``Immigration Stations'',
and ``Bureau of
Naturalization'').
Sept. 22 411..................... 6, 7......................... 42 1022.................... 8 10
1923
Jan. 3 22...................... (1st proviso on p. 1101)..... 42 1101.................... 8 117
Jan. 5 24...................... (pars. under headings 42 1127.................... 8 118, 1552
``Bureau of Immigration'',
``Immigration Stations'',
and ``Bureau of
Naturalization'').
1924
May 28 204..................... (2d proviso on p. 240)....... 43 240..................... 8 118
June 2 233..................... ............................. 43 253..................... 8 173, 224
June 7 379..................... ............................. 43 669..................... 8 228
1925
Feb. 27 364..................... (2d proviso on p. 1049)...... 43 1049.................... 8 118
1926
Apr. 29 195..................... (2d proviso on p. 371)....... 44 371..................... 8 118
May 25 388..................... ............................. 44 652..................... 8 374
July 3 738..................... 2............................ 44 812..................... ..... ..............
772..................... ............................. 44 887..................... 22 211, 211a,
214a, 217,
217a
1927
Jan. 26 58...................... (1st proviso on p. 1038)..... 44 1038.................... 8 117
Feb. 24 189..................... (2d proviso on p. 1223)...... 44 1223.................... 8 118
Feb. 25 192..................... 1-3.......................... 44 1234.................... 8 5b, 5c, 377a
Mar. 4 503..................... 2 ``Sec. 5a (provisos)''..... 44 1418.................... 8 5a
1928
Feb. 15 57...................... (1st proviso on p. 107)...... 45 107..................... 8 118
1929
Jan. 25 102..................... (2d proviso on p. 1137)...... 45 1137.................... 8 118
Mar. 2 536..................... 6(a), 7(b)................... 45 1514, 1515.............. 8 361, 402a
Mar. 4 683..................... 2, 3......................... 45 1545.................... 8 392a
1930
Apr. 18 184..................... title IV, Sec. 1 (last par. 46 216..................... 8 118
2d proviso under heading
``Bureau of Immigration'').
June 19 544..................... ............................. 46 787..................... 8 3a
July 1 782..................... ............................. 46 839..................... 22 217a
July 3 826..................... ............................. 46 849..................... 8 137a
1931
Feb. 23 277..................... (last proviso on p. 1228).... 46 1228.................... 8 117
Mar. 2 368..................... ............................. 46 1467.................... 8 1353a, 1353b
Mar. 3 442..................... 4 (b)........................ 46 1512.................... 8 370
1932
May 16 187..................... ............................. 47 157..................... 22 217a
May 25 203..................... 1............................ 47 165..................... 8 392b-392d
June 28 283..................... ............................. 47 336..................... 8 5b, 204a-204d
July 5 430..................... (1st proviso on p. 591)...... 47 591..................... 8 117
1933
Mar. 3 212..................... (1st proviso on p. 1500)..... 47 1500.................... 8 117
1934
Mar. 15 70...................... (1st proviso on p. 435)...... 48 435..................... 8 117, 176
May 7 221..................... ............................. 48 667..................... 8 3b, 3c
May 24 344..................... 5............................ 48 798..................... 8 137a, 371, 375
1935
June 15 255..................... ............................. 49 376..................... 8 376
1937
Aug. 23 735..................... ............................. 50 743..................... 8 392b-392d
1939
May 6 115..................... (1st proviso on p. 668)...... 53 668..................... 8 117
June 21 234..................... ............................. 53 851..................... 8 392b-392d
1940
June 28 439..................... 22, 40, 41................... 54 673, 676................ 8 137, 137-1
Aug. 22 688..................... ............................. 54 858..................... 8 1353d
1941
June 28 258..................... (2d proviso on p. 292)....... 55 292..................... 8 103a
1942
July 2 472..................... (1st proviso on p. 483)...... 56 483..................... 8 103a
1943
July 1 182..................... (1st proviso on p. 288)...... 57 288..................... 8 103a
July 12 221..................... (1st proviso on p. 507 words 57 507..................... 8 117
before semicolon).
Dec. 17 344..................... 1............................ 57 600..................... ..... ..............
1944
June 28 294..................... (1st proviso on p. 412)...... 58 412..................... 8 103a
302..................... (1st proviso on p. 558)...... 58 558..................... 8 117
1945
May 21 129..................... (1st proviso on p. 185)...... 59 185..................... 8 103a
Dec. 28 591..................... 1, 2, 4-6.................... 59 659..................... 8 232-237
1946
June 29 520..................... ............................. 60 339..................... 50 1851-1855
App.
July 5 541..................... (proviso on p. 462).......... 60 462..................... 8 103a
1947
June 28 160..................... ............................. 61 190..................... 50 1851
App.
July 9 211..................... (2d proviso on p. 292 words 61 292..................... 8 103a
before semicolon).
July 22 289..................... ............................. 61 401..................... 8 237
July 23 304..................... 1............................ 61 414..................... 8 3b
1948
Mar. 24 141..................... ............................. 62 84...................... 50 1851
App.
June 1 360..................... 2............................ 62 283..................... ..... ..............
June 25 647..................... ............................. 62 1009.................... 50 1951-1965
App.
1949
Apr. 21 85...................... ............................. 63 56...................... 50 1851-1855 note
App.
Oct. 15 695..................... 5(a) (related to Commissioner 63 880..................... 8 102
of Immigration and
Naturalization).
1950
June 19 262..................... ............................. 62 219..................... 50 1951-1965
App.
June 30 423..................... ............................. 64 306..................... 8 1184 note
443..................... ............................. 64 316..................... 8 1440 note
July 28 503..................... 6............................ 64 380..................... 8 1555
Aug. 19 759..................... ............................. 64 464..................... 8 239
1951
Mar. 19 9....................... ............................. 65 5....................... 8 239
June 19 144..................... 21........................... 65 89...................... ..... ..............
June 28 167..................... 2............................ 65 96...................... 50 1951, 1952,
App. 1954
Aug. 16 321..................... ............................. 65 191..................... 8 723, 1435 note
1952
Feb. 29 49...................... 2, 3......................... 66 10...................... 8 398a, 727a
Apr. 9 171..................... ............................. 66 50...................... 8 1184 note
June 27 477..................... 1, 101(a)(1)-(23), (25)-(49), 66 163, 169, 171, 172, 175, 8 1101, 1101
(b)(1)-(5), (c), (e), 181, 187, 188, 204, notes, 1102-
(f)(less (2)), (g), (h), 102- 228, 246, 251, 266, 1105, 1151,
104(e), 105, 201-210, 211, 267, 269, 272, 276, 277. 1152-1160,
212(a), (b), (d)(1), (3)- 1181, 1182,
(5), (7), (8), (11), (12), 1183-1184,
(e)-(o), 213-218, 221-224, 1185, 1186a-
231-237(a)(1)(E), (G), (H), 1188, 1201,
(2)-(6), (b), (c), 238-242, 1202-1204,
243-258, 261-266, 271- 1221-1231,
273(c), (e), 274, 274A(a)- 1252, 1253,
(h), 274B-295, 301-322, 324- 1254a-1255a,
329(c), 329A-344, 346, 347, 1256-1260,
349, 351, 356-361, 402(e), 1281-1288,
(h)-(j), 403-407, 411-414, 1301-1306,
501-507. 1321-1330,
1351-1353,
1353a, 1353d,
1354-1363b,
1401, 1402-
1409, 1421-
1433, 1435,
1435 note,
1436-1440,
1440 note,
1440-1, 1441-
1455, 1457,
1458, 1481,
1483, 1488,
1489, 1501-
1504, 1521-
1524, 1531-
1537, 1552
....................... ............................. ...... ........................ 48 1421l
....................... ............................. ...... ........................ 50 1952-1955,
App. 1961
1953
June 30 162..................... ............................. 67 108..................... 8 1440a-1440d
July 29 268..................... ............................. 67 229..................... 50 1975-1975c
App.
Aug. 7 336..................... ............................. 67 400..................... 50 1971-1971q
App.
1954
June 18 323..................... ............................. 68 264..................... 8 1184a
July 20 553..................... ............................. 68 495..................... 8 1435 note
Aug. 31 1169.................... ............................. 68 1044.................... 50 1971b-1971e
App.
Sept. 3 1254.................... 1-3.......................... 68 1145.................... 8 1154 note
1256.................... ............................. 68 1146.................... 8 1481, 1481
note
1263.................... 6, 17, 18.................... 68 1227, 1232.............. 8 1252, 1353c,
1451
1955
July 7 279..................... (2d proviso on p. 272)....... 69 272..................... 8 1553
1956
Feb. 10 31...................... ............................. 70 11...................... 22 214
Mar. 16 85...................... ............................. 70 50...................... 8 1401a
June 20 414..................... 201 (1st proviso on p. 307).. 70 307..................... 8 1553
July 18 629..................... 301(a), (b).................. 70 575..................... 8 1182, 1227
Aug. 1 841..................... 33........................... ...... ........................ 22 2705
849..................... 6(b)......................... 70 900..................... 50 855
1957
Sept. 11 85-316.................. 1-3, 10, 12A-14.............. 71 639, 642................ 8 1101, 1151
note, 1153,
1153 note,
1201a note,
1255b
1958
July 7 85-508.................. 21-25........................ 72 351..................... 8 1101, 1182,
1404 note,
1421
July 18 85-531.................. ............................. 72 375..................... 8 1184 note
July 25 85-559.................. ............................. 72 419..................... 8 1182 note
Aug. 8 85-616.................. ............................. 72 546..................... 8 1259
Aug. 20 85-697.................. 2............................ 72 687..................... 8 1430
Aug. 21 85-700.................. ............................. 72 699..................... 8 1153 note,
1255
Sept. 2 85-892.................. ............................. 72 1712.................... ..... ..............
1959
Mar. 18 86-3.................... 20........................... 73 13...................... 8 1101, 1182,
1405 note,
1421
Sept. 14 86-267.................. ............................. 73 552..................... 22 217a
Sept. 22 86-363.................. 1-3, 5....................... 73 644..................... 8 1153, 1153
note, 1155
1960
July 14 86-648.................. 3-6, 8-10.................... 74 505..................... 8 1182, 1182
note, 1227,
1255
1961
Sept. 21 87-256.................. 109.......................... 75 534..................... 8 1101, 1182,
1258
Sept. 26 87-301.................. 2-4, 5(b), 6, 8-15, 18, 19, 75 650, 653, 654, 656, 657. 8 1101, 1105a
21-24, 25(b). note, 1152,
1153 note,
1155, 1182-
1182c, 1201,
1202, 1205,
1251a, 1255a
note, 1440,
1451, 1481
1962
June 28 87-510.................. ............................. 76 121..................... 8 1104, 1182
note
....................... ............................. ...... ........................ 22 1925, 1951,
2601, 2601
note, 2602-
2605
Oct. 24 87-885.................. 3............................ 76 1247.................... 8 1153 note,
1154
1964
Aug. 14 88-426.................. 305(43)...................... 78 428..................... 8 1104
Oct. 7 88-634.................. 201 (proviso under heading 78 1021.................... 22 2601
``assistance to refugees in
the United States'').
1965
Apr. 11 89-10................... 7301-7309.................... ...... ........................ 20 7541-7549
Oct. 3 89-236.................. 1-11, 13-20, 21(a)-(d), (f), 79 911, 918, 921........... 8 1101, 1151,
22-24. 1151 note,
1152-1156,
1181, 1182,
1182 note,
1201, 1202,
1204, 1227,
1253, 1255,
1255 note,
1259, 1322,
1351
1966
Nov. 2 89-710.................. ............................. 80 1104.................... 8 1101
89-732.................. 3............................ 80 1161.................... 8 1255 note
Nov. 6 89-770.................. ............................. 80 1322.................... 8 1401
1967
Dec. 18 90-215.................. ............................. 81 661..................... 8 1430
1968
June 29 90-369.................. ............................. 82 279..................... 8 1430
July 26 90-428.................. ............................. 82 446..................... 22 213, 214,
217a, 217a
note
Oct. 21 90-609.................. ............................. 82 1199.................... 8 1351, 1455
Oct. 24 90-633.................. ............................. 82 1343.................... 8 1429, 1439,
1440, 1440e
1970
Apr. 7 91-225.................. ............................. 84 116..................... 8 1101, 1182,
1184
July 10 91-313.................. ............................. 84 413..................... 8 1183, 1363
Oct. 26 91-510.................. 421, 422..................... 84 1189.................... 8 1106, 1106
note
1971
May 14 92-14................... ............................. 85 38...................... 22 214, 214 note
1972
Oct. 27 92-584.................. 2............................ 86 1289.................... 8 1401b
1974
Sept. 17 93-417.................. ............................. 88 1151.................... 22 214
Oct. 20 93-461.................. ............................. 88 1387.................... 8 331-339
1975
Nov. 28 94-141.................. 501(a)....................... 89 771..................... 22 2601
Dec. 16 94-155.................. ............................. 89 824..................... 8 1101
1976
Apr. 21 94-274.................. 118.......................... 90 389..................... 8 1151 note,
1151a note
Sept. 14 94-412.................. 501(a)....................... 90 1258.................... 8 1481
Oct. 12 94-484.................. 601, 602(c), (d), 906........ 90 2300, 2325.............. 8 1101, 1101
note, 1182,
1182 note
Oct. 18 94-550.................. 7............................ 90 2686.................... 8 1357
Oct. 20 94-571.................. 1-6, 7(a), (c)-(e), (g), 9, 90 2706, 2706, 2707........ 8 1101, 1101
10. note, 1151-
1153, 1153
note, 1181,
1182, 1227,
1255
1977
Aug. 1 95-82................... 307(q)(1), (2), (3) ``Sec. 91 394, 395................ 8 1101, 1101
609(c), (d)''. note, 1182
Aug. 17 95-105.................. 109(b)....................... 91 347..................... 8 1101, 1104,
1104 note,
1105
Oct. 28 95-145.................. 101-107...................... 91 1228.................... 8 1255 note
1978
Sept. 17 95-370.................. 401.......................... 92 627..................... 8 1182 note
Oct. 5 95-412.................. ............................. 92 907..................... 8 1151, 1151
note, 1152,
1155, 1182
note
95-417.................. ............................. 92 917..................... 8 1153, 1154,
1431-1434
Oct. 7 95-426.................. 124, 126, 707................ 92 971, 992................ 8 1185
....................... ............................. ...... ........................ 22 211a
Oct. 10 95-431.................. 605.......................... 92 1045.................... 8 1182 note
95-432.................. ............................. 92 1046.................... 8 1401, 1401
note, 1481,
1482, 1484-
1487
Oct. 30 95-549.................. 101-104, 202................. 92 2065, 2066.............. 8 1182, 1227,
1258
Nov. 2 95-579.................. 3............................ 92 2474.................... 8 1423
95-582.................. 2............................ 92 2479.................... 8 1324
1979
Sept. 27 96-70................... 3201(a), (d)................. 93 496, 497................ 8 1101, 1101
note, 1182
note
Nov. 30 96-132.................. 10, 22, 23................... 93 1047, 1050.............. 8 1151 note,
1551 note
1980
Mar. 17 96-212.................. 1, 201, 202, 203(a)-(h), (i) 94 102, 108, 110, 117...... 8 1101, 1101
(related to Sec. 101(a)(3) note, 1151-
of Pub. L. 95-145), 204, 1153, 1153
311, 312, 313(a)-(c)(1), (d). note, 1157,
1157 note,
1158, 1158
note, 1159,
1181, 1182,
1182 note,
1253, 1255
note, 1521,
1521 note,
1522, 1522
note, 1523-
1525
....................... ............................. ...... ........................ 22 2601, 2601
note
Oct. 10 96-422.................. 1, 101-106, 201-203, 301-304, 94 1799, 1810.............. 8 1522 note
401-403, 501(a)-(c)(4), (d),
(e).
96-424.................. ............................. 94 1820.................... 8 1522 note
Oct. 17 96-465.................. 2206(a)(10).................. 94 2162.................... 22 2605
Dec. 16 96-533.................. 716.......................... 94 3162.................... 8 1552 note
Dec. 17 96-538.................. 404.......................... 94 3192.................... 8 1182
1981
Aug. 13 97-35................... 525, 526, 541-547, 1502...... 95 450, 458, 750........... 8 1522 note,
1524 note
....................... ............................. ...... ........................ 20 239a
Dec. 29 97-113.................. 714.......................... 95 1548.................... 8 1152 note
97-116.................. 1-3, 4(1), (3), 5, 6, 10-15, 95 1611, 1612, 1617, 1619, 8 1101, 1101
17, 18(a), 18(c)-(h)(1), 1620, 1621. note, 1151,
(i), (k)-(t), (u)(2)-21. 1151 note,
1152, 1154,
1182, 1182
note, 1201,
1203, 1221,
1252, 1253,
1255, 1255b,
1258, 1305,
1324, 1356,
1361, 1401a,
1409, 1427,
1431-1433,
1439, 1440,
1445-1448,
1452, 1481,
1483
1982
Aug. 24 97-241.................. 116, 117 ``Sec. 33''......... 96 279..................... 22 214, 217a,
217a note,
2705
Sept. 30 97-271.................. ............................. 96 1157.................... 8 1255 note
Oct. 22 97-359.................. ............................. 96 1716.................... 8 1154
Oct. 25 97-363.................. ............................. 96 1734.................... 8 1101 note,
1522, 1522
note, 1523,
1524
1983
Nov. 22 98-164.................. 1011(a)(1), (b).............. 97 1061.................... 8 1522
1984
Oct. 5 98-454.................. 602.......................... 98 1737.................... 8 1182, 1184
Oct. 12 98-473.................. 101(d) (last par.), 220...... 98 1877, 2027.............. 8 1182, 1252,
1522, 1522
note
Oct. 30 Priv. L. 98-47.......... 3............................ 98 3435.................... 8 1101
Priv. L. 98-53.......... ............................. 98 3437.................... 8 1101 note
1985
Aug. 16 99-93................... 111-113, 132................. 99 410, 420................ 8 1182 note
....................... ............................. ...... ........................ 22 2601, 2605,
2605 note,
2606
Dec. 4 99-169.................. 601.......................... 99 1007.................... 8 1427
1986
Aug. 27 99-396.................. 14(a), 15, 16................ 100 842..................... 8 1182, 1408,
1408 note,
1452, 1452
note
Oct. 18 99-500.................. 101(b) [Sec. Sec. 205(a) 100 1783-53, 1783-56........ 8 1222, 1356
``Sec. 286(d)-(k)'', (b),
206(a) (related to Sec.
232), (b)(1)].
Oct. 21 99-505.................. ............................. 100 1806.................... 8 1101, 1101
note
Oct. 27 99-570.................. 1751......................... 100 3207-47................. 8 1103 note,
1182, 1182
note, 1227,
1357
Nov. 6 99-603.................. 1, 101(a), (c)-(f), 102, 100 3359, 3373, 3381, 3384, 8 1101, 1101
111(b), (c), 112-114, 116, 3394, 3404, 3417, 3431, notes, 1152,
117, 201(a), 202-204, 301(a)- 3434, 3440. 1152 note,
(e), (g), 302(a), 303(b), 1153 note,
(c), 304, 311-314, 315(a), 1160, 1160
(d), (e), 401-407, 501, 601, note, 1184,
701, 702. 1186, 1186
note, 1187,
1187 note,
1227, 1252,
1255, 1255a,
1255a notes,
1258, 1259,
1259 note,
1321, 1324,
1324a, 1324a
notes, 1324b,
1324b note,
1357, 1364
....................... ............................. ...... ........................ 42 405 note
99-605.................. ............................. 100 3449.................... 8 1101 note,
1522, 1522
note, 1523,
1524
Nov. 10 99-639.................. 1, 2(a), (b)(1), (c)-(f), 3-6 100 3537, 3541.............. 8 1101 note,
1154, 1154
note, 1182,
1182 note,
1184, 1184
note, 1186a,
1227, 1255,
1325
Nov. 14 99-653.................. 1-16, 18-20.................. 100 3655, 3658.............. 8 1101, 1101
note, 1152,
1153 note,
1182, 1201,
1201a, 1202,
1223, 1227,
1301, 1302,
1304, 1401,
1409, 1431-
1433, 1451,
1452, 1481,
1483
1987
July 11 100-71.................. (par. under heading ``General 101 394..................... 8 1356
Provisions--Department of
Justice'').
Dec. 22 100-202................. 101(a) [Sec. Sec. 211, 702, 101 1329-18, 1329-39, 1329- 8 1101 note,
901, 902], (e) [Sec. 584], 43, 1329-183, 1329-428. 1160, 1201
(m) [Sec. 622(b)]. note, 1255a
note
....................... ............................. ...... ........................ 22 211a note
100-204................. 806(c), 902, 903............. 101 1399, 1400.............. 8 1182, 1201
note, 1255a
note
1988
Sept. 22 100-440................. 617(b)....................... 102 1755.................... 22 211a note
Sept. 28 100-449................. 307.......................... 102 1876.................... 8 1184
....................... ............................. ...... ........................ 19 2112 note
Oct. 1 100-459................. 209, 210..................... 102 2203.................... 8 1101, 1101
note, 1356,
1455
100-461................. (9th proviso in par. under 102 2268-15, 2268-37........ 8 1101 note,
heading ``Migration and 1182 note
Refugee Assistance''), 555
(1st proviso on p. 2268-37).
Oct. 24 100-525................. 1, 2(a)(1)(A)-(E), (b), (d)- 102 2609, 2610, 2611, 2612, 8 1101, 1101
(f)(1), (h)(1), (i)-(l)(3), 2613, 2614, 2615, 2619, notes, 1102-
(4) (related to Sec. 301(d), 2620, 2622. 1104, 1152,
(e)), (5), (m), (n)(2)-(p), 1153 note,
(q)(2)-(s), 3(1) (related to 1154, 1157,
Sec. 14(a)), (2), 4(a)- 1160, 1182,
(b)(3), (c), (d), 5-8(o), 1182 notes,
9(a)-(d), (f)-(k), (m)-(ff), 1184, 1186,
(hh)-(kk). 1186a, 1187,
1188, 1188
note, 1201,
1201a, 1202,
1222, 1227,
1227 note,
1227, 1252,
1255, 1255a,
1255a note,
1255b, 1259,
1301, 1302,
1304, 1305,
1324, 1324a,
1324b, 1353,
1356, 1356
note, 1357,
1360, 1408,
1409, 1421,
1422, 1424,
1426, 1431-
1433, 1435,
1440, 1441,
1446, 1447,
1451, 1452,
1454, 1455,
1481, 1483,
1489, 1522,
1522 note,
1523, 1524
Nov. 15 100-658................. ............................. 102 3908.................... 8 1101 note,
1153 note
Nov. 18 100-690................. 7341-7343(a), 7343(c)- 102 4469, 4470, 4472........ 8 1101, 1103
7347(a), 7347(c)-7350. note, 1182,
1182 note,
1227, 1227
note, 1228,
1228 note,
1252, 1252
note, 1326,
1326 note,
1327, 1327
note
1989
Nov. 21 101-162................. (2d, 3d provisos on p. 1000), 103 1000, 1038.............. 8 1101, 1101
611. note, 1255a
note, 1356
101-166................. (par. under heading ``Interim 103 1174.................... 8 1255a note
Assistance to States for
Legalization'').
101-167................. (4th, 8th, 9th provisos on p. 103 1211.................... 8 1101 note
1211).
Nov. 29 101-189................. 937.......................... 103 1538.................... 8 1101 note
Dec. 18 101-238................. 1, 3-6....................... 103 2099, 2100, 2104........ 8 1101, 1101
note, 1160,
1182 note,
1255a note,
1324a note
1990
Feb. 16 101-246................. 131, 407, 701................ 104 31, 67, 74.............. 8 1101, 1102
note, 1182
....................... ............................. ...... ........................ 22 2606
Mar. 6 101-249................. ............................. 104 94...................... 8 1101 note,
1440-1
May 25 101-302................. (par. under heading 104 228..................... 8 1101 note
``Technical Correction'').
Nov. 5 101-513................. (2d-4th provisos on p. 1996). 104 1996.................... 8 1101 note
101-515................. 210(a), (b), (d)............. 104 2120, 2121.............. 8 1356, 1356
note
101-517................. (pars. under heading 104 2206.................... 8 1255a note
``Interim Assistance to
States for Legalization'').
101-604................. 203(d)....................... 104 3083.................... 22 214 note
Nov. 29 101-649................. 1, 101-104, 111, 112, 121, 104 4978, 4995, 5004, 5005, 8 1101, 1101
122(b)-124, 131-134, 142, 5007, 5011, 5012, 5030, notes, 1102,
151, 153, 155, 161, 162(a)- 5036, 5041, 5048, 5051, 1103, 1105a
(e)(1), (3), (6), (f)(2), 5052, 5058, 5059, 5065, notes, 1151,
(3), 201-209, 221-223, 231, 5076, 5082, 5083, 5084, 1151 note,
302(a), (b), 303, 401- 5085. 1152, 1152
407(c)(20), (d)-(f), 501, note, 1153,
502(b)-506, 508-510, 511(b), 1153 notes,
512, 513(b)-515, 521, 531- 1154, 1154
539, 541-543(a)(1), (3)- note, 1157,
(10)(A), (b), 544, 545(c)- 1158, 1158
(g), 601(a), (b), (d)(2)- note, 1159,
(7), (e), 602(a), (b), (d), 1159 notes,
603(a)(1)-(5), (7)-(21), 1160, 1160
(24), (b)(2), (3)(related to note, 1161
Sec. 243(h)(1)), 701-705. note, 1181,
1182, 1182
notes, 1183,
1184, 1184
notes, 1186a,
1186a note,
1186b, 1187,
1187 note,
1201, 1221,
1221 note,
1222, 1224,
1225, 1226,
1227, 1227
notes, 1228,
1228 note,
1252, 1252
notes, 1253,
1254a, 1254a
note, 1255,
1255 note,
1255a, 1259,
1281, 1282,
1284-1288,
1288 note,
1304, 1321-
1323, 1324a,
1324a notes,
1324b, 1324b
notes, 1324c,
1325-1328,
1330, 1330
note, 1357,
1421, 1423,
1424, 1426-
1430, 1433,
1435-1440,
1440 note,
1441-1451,
1455, 1459
1991
July 2 102-65.................. ............................. 105 322..................... 8 1254a note
Oct. 1 102-110................. ............................. 105 555..................... 8 1101, 1101
notes, 1153,
1255
Oct. 28 102-138................. 128.......................... 105 660..................... 8 1182 note
102-140................. (3d par. under heading 105 785, 832................ 8 1101 note,
``Legal Activities''), 610. 1255a
Nov. 26 102-170................. (pars. under heading 105 1124.................... 8 1255a note
``Interim Assistance to
States for Legalization'').
Dec. 12 102-232................. 1, 101, 102, 201-208, 302(a), 105 1733, 1742, 1744, 1745, 8 1101, 1101
(b), (c)(2), (d)(2), (3), 1746, 1749, 1751, 1752, notes, 1102,
(5), (e)(1)-(9), 303, 1753, 1754, 1756, 1757. 1105a note,
304(b), (c), 305(a)-(m), 1151, 1151
306(a)(1), (3)-(5), (7)-(9), note, 1152,
(11)-(13), (b), (c)(1)- 1153, 1153
(4)(A), (C), (D), (5), (7), notes, 1154,
307(a), (c)-(l)(1), (3)-(8), 1157, 1157
(m)(2), 308-310. note, 1158
note, 1159,
1160, 1160
note, 1161,
1182, 1182
note, 1184,
1184 notes,
1186a, 1186b,
1187, 1188,
1201, 1221,
1224, 1226,
1227, 1227
notes, 1228,
1252, 1252
note, 1254a,
1254a notes,
1255, 1255
note, 1255a,
1281, 1282,
1284, 1288,
1322, 1323,
1324a-1324c,
1325, 1356,
1356 note,
1357, 1421,
1421 note,
1423, 1424,
1433, 1439,
1440, 1441,
1443, 1445-
1452, 1455
1992
Oct. 6 102-394................. (pars. under heading 106 1808.................... 8 1255a note
``Interim Assistance to
States for Legalization'').
102-395................. 112, 113, 610................ 106 1843, 1874.............. 8 1153 note,
1356, 1440
note
Oct. 9 102-404................. ............................. 106 1969.................... 8 1255 note
Oct. 23 102-484................. 1079......................... 106 2514.................... 8 1222 note
Oct. 23 102-509................. ............................. 106 3316.................... 8 1153 note
1993
June 8 103-37.................. ............................. 107 107..................... 8 1524
June 10 103-43.................. 2007......................... 107 210..................... 8 1182, 1182
note
Oct. 27 103-121................. (cls. (1), (2) on p. 1161)... 107 1161.................... 8 1356
Dec. 8 103-182................. 341, 342..................... 107 2116.................... 8 1184
....................... ............................. ...... ........................ 19 3401
Dec. 20 103-206................. 323.......................... 107 2428.................... 8 1288
1994
Apr. 30 103-236................. 127(a), 140(a)-(c), 162(h), 108 394, 399, 407, 409, 411, 8 1101, 1104,
(m), (n), 164(b), 430, 501. 459, 460. 1105, 1182
note, 1351
note, 1521-
1523, 1525
Aug. 26 103-317................. 111, (1st, 2d provisos in 1st 108 1736, 1760, 1765, 1778.. 8 1182, 1182
par. under heading note, 1255,
``Diplomatic and Consular 1255 note,
Programs''), 506, (1st 1356 notes
proviso under heading
``State Criminal Alien
Assistance Program'').
....................... ............................. ...... ........................ 22 214 note
Sept. 13 103-322................. 20301, 40701, 40702, 60024, 108 1823, 1953, 1981, 2023, 8 1101, 1105a
130001-130004(a), (c), (d), 2027, 2029. note, 1151,
130005, 130008. 1151 note,
1154, 1158,
1158 note,
1182, 1184,
1186a, 1186a
note, 1227,
1228, 1228
notes, 1252,
1252 notes,
1255, 1258,
1324, 1326
Sept. 30 103-333................. (3d, last provisos in last 108 2558.................... 8 1255a
par. under heading ``State
Legalization Impact-
Assistance Grants'').
Oct. 5 103-337................. 3605......................... 108 3113.................... 8 1101
103-382................. 101 ``Secs. 7301-7309'', 108 3739, 4021, 4028........ 8 1255a, 1522
391(a), 394(g). notes
....................... ............................. ...... ........................ 20 7541-7549
Oct. 25 103-415................. 1(b), (d), (m), (bb), (ee), 108 4299, 4301, 4302, 4303.. 8 1182 note,
(ff). 1187, 1351
note
....................... ............................. ...... ........................ 22 211a, 2605
103-416................. 1, 2, 101, 102(a)-(d), 103- 108 4305, 4307, 4312, 4315, 8 1101, 1101
109, 201-205, 206(b)- 4317, 4318, 4319, 4320, note, 1151,
209(a)(2), (4)-(6), (b), 210- 4322. 1153, 1153
215, 217, 218, 219(a)-(h), notes, 1154,
(j)-(x), (z), (aa), (cc)- 1160, 1161,
(gg), 220, 222, 223(a), 224, 1182, 1182
225. note, 1184,
1184 note,
1185, 1185
note, 1187,
1188, 1202,
1202 note,
1227, 1228,
1252, 1252
note, 1254a,
1255, 1255a,
1255a notes,
1255b, 1256,
1256 note,
1288, 1288
note, 1302,
1322, 1323,
1323 note,
1324a, 1324b,
1324c, 1330,
1356, 1356
note, 1401,
1401 note,
1421, 1423,
1423 note,
1424, 1424
note, 1433,
1433 note,
1435, 1435
note, 1440
note, 1444,
1449, 1449
note, 1451,
1452, 1483,
1501, 1504,
1522, 1524
Nov. 2 103-447................. 107.......................... 108 4695.................... 8 1182 note
1995
Sept. 30 104-31.................. 119.......................... 109 281..................... 8 1351 note
Nov. 15 104-51.................. 1............................ 109 467..................... 8 1101
Nov. 19 104-54.................. 118.......................... 109 544..................... 8 1351 note
Nov. 20 104-56.................. 118.......................... 109 552..................... 8 1351 note
Dec.21 104-66.................. 1111(a)...................... 109 723..................... 22 2606
1996
Jan. 6 104-92.................. 112.......................... 110 18...................... 8 1351 note
Apr. 24 104-132................. 302(b), 401(a), (c), (d), 110 1250, 1259, 1267, 1268, 8 1101, 1101
(f), 411-413(a), (d)-(g), 1269, 1270, 1272, 1273, note, 1158,
414(b), 421, 423(b), 431, 1274, 1275, 1277, 1280,. 1158 note,
432, 435, 436, 438, 439, 1160, 1182,
440(b), (c), (e)-(h), 441, 1225, 1227,
442(a), (c), (d). 1227 note,
1228, 1252,
1252 note,
1252c, 1253,
1253 note,
1255, 1255a,
1259, 1326,
1326 note,
1531-1537
Apr. 26 104-134................. 101(a) [title IV, 1st, 2d 110 1321-36................. 8 1351 note
provisos under heading
``Diplomatic and Consular
Programs'' on p. 1321-36].
Aug. 22 104-193................. 110(s), 400-404(a), 411, 412, 110 2175, 2260, 2268, 2273, 8 1160, 1183a,
421-423 (a), (b), (d), 431- 2307. 1183a note,
435, 742. 1255a, 1522,
1601, 1611-
1615, 1621,
1622, 1631,
1632, 1641-
1645
Sept. 30 104-208................. Div. A, 101(a) [title I, 5th 110 3009-10, 3009-46, 3009- 8 1101, 1101
proviso on p. 3009-10, title 55, 3009-554, 3009-556, notes, 1102,
IV, 1st, 2d provisos under 3009-558, 3009-560, 1103, 1103
heading ``Diplomatic and 3009-563, 3009-565, notes, 1105a,
Consular Programs'' on p. 3009-567, 3009-570, 1151, 1152,
3009-46, sec. 407, Div. C, 3009-574, 3009-585, 1153 note,
102-106(a), (c), 108(c), 3009-587, 3009-617, 1154, 1155,
109, 110, 122-125, 133, 134, 3009-619, 3009-620, 1156, 1157,
203(a)-(d), 205, 212, 213, 3009-621, 3009-622, 1158, 1158
219, 220, 301, 302(a), 3009-623, 3009-624, notes, 1159,
303(a), (b)(1), 304- 3009-625, 3009-627, 1159 note,
308(d)(3)(A), (C), (4)(A)- 3009-630, 3009-633, 1160, 1160
(Q), (T), (5), (e)(1)(A)- 3009-635, 3009-641, note, 1161
(P), (2)(A)-(G), (8)-(15), 3009-644, 3009-645, note, 1182,
(17), (f)(1)(A)-(P), (2)- 3009-646, 3009-648, 1182 notes,
(5), (g)(1)(related to INA), 3009-652, 3009-653, 1183, 1183a,
(2), (3)(A), (4), (5)(A)(i)- 3009-666, 3009-668, 1183a note,
(iii), (B)-(D), (G), (6), 3009-669, 3009-672, 1184, 1186a,
(7)(A), (B), (C)(ii), (iii), 3009-673, 3009-675, 1186b, 1187,
(E)(i), (F), (8)-(10)(D), 3009-682, 3009-684, 1187 note,
(G), (H), 321-324(b), 326- 3009-688, 3009-689, 1201, 1201
329, 331, 332, 341-352, 354, 3009-695, 3009-704, notes, 1202,
355, 357, 358, 361, 362, 3009-708, 3009-712, 1202 note,
371(a), (b)(2)-(6), (9), 3009-713, 3009-720, 1221, 1221
(d), 372-374(a), (c), 375- 3009-721, 3009-722, note, 1222,
382, 384, 386, 411, 412, 3009-723. 1222 note,
413(b), 414(a), 415, 416, 1223, 1224,
421, 501, 504, 505, 508-510, 1225, 1225
531(a), 551-553, 562, 563, note, 1225a,
564(f), 565, 591 (related to 1226, 1226
INA), 592 (related to INA), note, 1227,
594 (related to INA), 601- 1227 notes,
605, 621-626, 631-636, 641, 1228, 1228
642, 644, 652(a), (b), (e), notes, 1229,
653, 654, 671(a)(1)-(5), 1229a-1229c,
(7), (b)(1), (3)-(11), (13), 1230, 1231,
(14), (c)(2), (5), (6), (d)- 1231 note,
(f). 1251, 1252,
1252 notes,
1252a, 1252b,
1253, 1254,
1254a, 1254a
notes, 1255,
1255 note,
1255a, 1255a
notes, 1255b,
1256, 1256
note, 1257,
1258, 1259,
1282, 1284,
1288, 1303,
1304, 1306,
1321, 1322,
1323, 1323
note, 1324,
1324a, 1324a
notes, 1324b,
1324b note,
1324c, 1324c
note, 1324d,
1324d note,
1325, 1325
note, 1326,
1327, 1329,
1329 note,
1330, 1330
note, 1351
note, 1356,
1356 notes,
1357, 1360,
1360 note,
1361, 1362,
1363a, 1363b,
1364, 1366,
1367, 1368-
1375, 1401
note, 1427,
1429, 1433
note, 1483,
1503, 1522,
1522 notes,
1531, 1532,
1534, 1535,
1537, 1612,
1623, 1624,
1631, 1632,
1641, 1642,
....................... ............................. ...... ........................ 22 214
....................... ............................. ...... ........................ 50 855
Oct.11 104-293................. 305.......................... 110 3465.................... 8 1427 note
104-302................. ............................. 110 3656.................... 8 1182 note
Oct. 19 104-319................. 101.......................... 110 3865.................... 8 1157 note,
1255 note
1997
June 12 105-18.................. 6005......................... 111 191..................... 8 1612, 1612
note
Aug. 5 105-33.................. 5301-5308, 5561-5563, 5565, 111 597, 638, 639, 640, 642, 8 1367, 1611,
5571-5574, 5581(b)(1)-(3), 643. 1612, 1612
(6), (7). note, 1613,
1621, 1622,
1625, 1631,
1632, 1641-
1643, 1645,
1646
Aug. 8 105-38.................. ............................. 111 1115.................... 8 1433 note
--------------------------------------------------------------------------------------------------------------------------------------------------------
Revised Statutes
----------------------------------------------------------------------------------------------------------------
United States Code
Revised Statutes Section -------------------------------------------------
Title Section
----------------------------------------------------------------------------------------------------------------
1995.......................................................... 8 2
1999.......................................................... 8 15
2032, 2033.................................................... 8 61, 62
2037.......................................................... 8 65
2169.......................................................... 8 359
4076, 4077.................................................... 22 212, 218
----------------------------------------------------------------------------------------------------------------
United States Code
------------------------------------------------------------------------
Title Section
------------------------------------------------------------------------
18........................................ 1429
18........................................ item 1429 in analysis of ch.
69
------------------------------------------------------------------------
Reorganization Plans
----------------------------------------------------------------------------------------------------------------
Statutes at Large
Year Plan Section -------------------------------
No. Volume Page
----------------------------------------------------------------------------------------------------------------
1940............................... 5 .................................. 54 1238
1977............................... 2 7(a)(8)........................... 91 1637
----------------------------------------------------------------------------------------------------------------
Executive Orders
----------------------------------------------------------------------------------------------------------------
Order
Date No. Section
----------------------------------------------------------------------------------------------------------------
1933
June 10.................................... 6166 14
----------------------------------------------------------------------------------------------------------------
(c) Act of February 14, 1917.--The Act of February 14, 1917 (ch. 64,
39 Stat. 919), is repealed. An action taken or offense committed under
that Act is deemed to have been taken or committed under section 871 of
title 18, United States Code.
<all>