109 HR 5523 IH: U.S. General Population Act
U.S. House of Representatives
2006-06-06
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
1.
(a)This Act may be cited as the U.S. General Population Act
.
(b)In
this Act:
(1)The
term Secretary
means the Secretary of Homeland Security.
(2)The
term Department
means the Department of Homeland
Security.
(3)The
term foreigner
means any person who is not a United States
citizen or national.
(4)General minimum
daily wageThe term general minimum daily wage
means—
(A)the amount equal
to the national minimum wage defined by law; multiplied by
(B)the average number
of daily hours worked in the United States, as calculated by the Secretary of
Labor.
<enum>I</enum><header>Objective and
Purpose</header>
<section id="H81F63916190C428F88DFF01CC815B19"><enum>101.</enum><header>General
objectives of domestic demographic policies</header><text display-inline="no-display-inline">For purposes of this Act, the Department of
Homeland Security shall issue and implement, or promote before the
corresponding agencies or entities when applicable, such measures as may be
necessary in order to—</text>
<paragraph id="H39F65558DE94452B96BAE5818200004F"><enum>(1)</enum><text>influence
population dynamics by way of educations systems, public health systems,
professional and technical training systems, and child protection systems, and
encourage the participation of the collective populace in solving the problems
that affect it;</text>
</paragraph><paragraph id="H6F26393F5FDD4E2185604CAE845C1B31"><enum>(2)</enum><text>regulate the
immigration of foreigners according to the modalities deemed appropriate, and
ensure the best assimilation of same into the national environment as well as
their proper distribution throughout the national territory;</text>
</paragraph><paragraph id="H2EF43126B05747ED9CA4AD6FA4A78F2F"><enum>(3)</enum><text>restrict the
emigration of United States citizens and nationals when national interests so
require; and</text>
</paragraph><paragraph id="HAA4AA1D1B8CF41A18CCA5BDBBD56A763"><enum>(4)</enum><text>stimulate the
establishment of strong population cores of United States citizens and
nationals in those border areas that are characterized by low population
density.</text>
</paragraph></section><section id="HF50CDBD39F214980A83F344099A17F72"><enum>102.</enum><header>Implementation
of procedures to carry out domestic demographic policies</header><text display-inline="no-display-inline">For purposes of the preceding section, the
United States Government, as well as other public-sector entities, based on
their attributes as set forth by law, shall be required to apply and implement
such procedures as may be necessary to achieve each of the objectives of the
domestic demographic policies. The Department of Homeland Security, however,
shall be exclusively responsible for establishing norms, handling joint
initiatives, and coordinating programs between said entities as relates to
demographic matters.</text>
</section><enum>II</enum><header>Migration</header>
<section id="HF401DB12ADA044018DE572DC1212C459"><enum>201.</enum><header>International
transit of persons</header><text display-inline="no-display-inline">The
international transit of persons by way of sea ports, airports, and border
crossings may occur only at those places designated for such purposes, within
the established time periods, and with the intervention of the United States
Customs and Border Protection.</text>
</section><section id="H95CB6A1B1E524AE7AC02C8D49CAADE80"><enum>202.</enum><header>Authority to
suspend international transit</header><text display-inline="no-display-inline">The Department of Homeland Security may
temporarily suspend international transit through airports, sea ports, and
border crossings when public interests so require.</text>
</section><section id="H6B3C043C0E18469E8B1C57929251DCA"><enum>203.</enum><header>Application to
United States and foreign citizens and nationals</header><text display-inline="no-display-inline">In order to enter or leave the country, both
United States and foreign citizens and nationals must comply with the
requisites set forth in this Act, the regulations thereto, and other applicable
legal provisions.</text>
</section><section id="H1EFB027060054D4DA6BF9038AA837B99"><enum>204.</enum><header>Entry by United
States citizens and nationals</header><text display-inline="no-display-inline">United States citizens and nationals who
enter the country shall be required to verify their nationality, submit to a
medical examination when deemed necessary, and provide such statistical data as
may be required. In the case of a person infected with a contagious illness,
the immigration officials shall expedite the standard procedures in the event
said person must be allowed to enter the country in order to receive medical
attention at such place as the public health officials shall indicate.</text>
</section><section id="H4B916EC62C9747DE82D9BC517B92AD9F"><enum>205.</enum><header>Exception to
inspection requirements</header><text display-inline="no-display-inline">The
inspection set forth in section 204 shall not be required in the case of
representatives of foreign governments who enter the country in an official
capacity, nor their family members and employees. This exception shall also
apply to those persons who are exempt from territorial jurisdiction, based on
international legislation, treaties, or customary practices, if there exists
reciprocity.</text>
</section><section id="HC64A6A8B3869406A8066E6009BAD9C9C"><enum>206.</enum><header>Regulations
applicable to maritime population centers, border towns, and airports that
receive international traffic</header><text display-inline="no-display-inline">The Secretary of Homeland Security shall, in
accordance with the particular characteristics of each region, establish
regulations applicable to those foreigners who visit maritime population
centers, border towns, and airports that receive international traffic. The
same shall apply with respect to daily traffic between border towns and their
neighboring towns across the border, in all cases respecting the applicable
international treaties and conventions.</text>
</section><section id="H69C535B2074E4FE4A5701D7C1900B253"><enum>207.</enum><header>Duty of ground,
sea, and air transport carriers</header><text display-inline="no-display-inline">The representatives and employees of ground,
sea, and air transport carriers shall be required to verify that the foreign
citizens and nationals the carriers bring into the country are duly
documented.</text>
</section><section id="H117265FE020D4751916DA70849C57695"><enum>208.</enum><header>Prohibition on
maritime transport disembarkation without inspection</header><text display-inline="no-display-inline">No passenger nor crew member arriving by
maritime transport may disembark until the immigration officials have performed
the corresponding inspection.</text>
</section><section id="HE7859861948145D79506A3FD06A313F1"><enum>209.</enum><header>Foreign crew
members of air, ground, or sea transport carriers</header><text display-inline="no-display-inline">Foreign crew members of air, ground, or sea
transport carriers may only remain within national territory for the authorized
period of time. Any expenses incurred due to their deportation or exit from the
country shall be covered by the owners or representatives of said carriers, be
they companies, corporate entities of any kind, or individuals.</text>
</section><section id="H27D468DB5B80402A93B1A90009127BF5"><enum>210.</enum><header>Air transport
pilots, ship captains, and ground transport drivers</header><text display-inline="no-display-inline">Air transport pilots, ship captains, and
ground transport drivers must present to immigration officials, at the time the
entry or exit inspection is performed, a list of passenger and crew members, as
well as the data necessary for their identification.</text>
</section><section id="H2E8E54BBF16E47359800C211BFB5D591"><enum>211.</enum><header>Prohibition on
disembarkation of noncomplying passengers</header><text display-inline="no-display-inline">Those foreigners who do not comply with the
requisites established by this Act and the regulations hereto shall not be
authorized to disembark, except for that foreseen under section 309(i).</text>
</section><section id="HA1438EA678F1479C8C6F49EC09F634B4"><enum>212.</enum><header>Foreigners in
transit</header><text display-inline="no-display-inline">In the case of
foreigners in transit who disembark with authorization from the Department of
Homeland Security in a domestic port, and subsequently remain on land without
legal authorization due to forces beyond their control after the ship or
aircraft they were traveling on has left port, such persons must immediately
present themselves to the Department of Homeland Security. In such cases, the
Department shall take such measures as may be necessary relating to the
immediate exit of such persons.</text>
</section><section id="H688943BBC9E84D37A9E600FE0930C816"><enum>213.</enum><header>Foreigners
denied entry</header><text display-inline="no-display-inline">Those foreigners
who are denied entry by the Department, due either to insufficient
documentation or lack of documentation, as well as stowaways, shall be required
to leave the country at the expense of the transport company that brought them
into the country, without prejudice to the penalties that may apply in
accordance herewith.</text>
</section><section id="HCC32FBA493174986001162CB52ECA503"><enum>214.</enum><header>Visitors to
maritime carrier in international transit</header><text display-inline="no-display-inline">Visitors shall not be allowed to board any
maritime carrier in international transit without prior authorization from the
Departments of Homeland Security and Health and Human Services.</text>
</section><section id="HA3F1F6353EE6460788799D4EB638EBE8"><enum>215.</enum><header>Transport
company liability</header><text display-inline="no-display-inline">Transport
companies shall be liable for economic penalties relating to violations of this
Act and the regulations thereto committed by their employees, agents, or
representatives, without prejudice to any direct liability so incurred by said
persons.</text>
</section><enum>III</enum><header>Immigration</header>
<section id="H3F76F149C79D40DCAE37DC9025C1924"><enum>301.</enum><header>Department of
State determines number of immigrants</header><text display-inline="no-display-inline">Based on the corresponding demographic
studies, the Department of State shall determine the number of foreigners to be
allowed into the country, either by activity category or by area of residence,
and shall subject the immigration of foreigners to such modalities as may be
deemed appropriate, according to their possibilities to contribute to national
progress.</text>
</section><section id="H58569A43656C45B6A98365C127985221"><enum>302.</enum><header>Department of
Homeland Security imposes conditions on immigrants</header><text display-inline="no-display-inline">The
Department shall be able to impose conditions upon those foreigners who enter
the country, with respect to the activities they shall be allowed to pursue, as
well as the areas where they shall be allowed to reside. The Department shall
also ensure that the immigrants represent useful elements to the country, and
that they receive sufficient income to support themselves and, if applicable,
such persons as may depend on them economically.</text>
</section><section id="H4C7F1E10280F46B49884F2FD85EEF9"><enum>303.</enum><header>Temporary
admission of foreigners who suffer political persecution or who have fled from
their country of origin</header><text display-inline="no-display-inline">Those
foreigners who suffer political persecution or who have fled from their country
of origin in the situations enumerated under section 309(e) shall be
temporarily admitted by the Department while it resolves each case, without
such resolution to be performed in the most expedited manner possible.</text>
</section><section id="H18978E481F6F44B79CA6837CEB9F86B4"><enum>304.</enum><header>Grounds for
denying foreigners entry into the United States or changing immigration
category or status</header><text display-inline="no-display-inline">The
Department shall be able to deny foreigners entry into the United States or a
change in their immigration category or status in any of the following
cases:</text>
<paragraph id="HEF511675A6F14AF5853700F355EDE82"><enum>(1)</enum><text>International
reciprocity does not exist.</text>
</paragraph><paragraph id="H1FB59A79E2D9463B8D96DB77E3289600"><enum>(2)</enum><text>Domestic
demographic equilibrium so requires.</text>
</paragraph><paragraph id="HB4139C37044C44AAB2CC86FFBB3B745F"><enum>(3)</enum><text>The quotas
referred to in (visa cap limit provision) herein do not allow such entry or
status change.</text>
</paragraph><paragraph id="HCBC2251E00EB439B8CCD7080DA13F62C"><enum>(4)</enum><text>It is deemed that
such entry or status change would be harmful to the economic interests of
United States citizens and nationals.</text>
</paragraph><paragraph id="H66B3D30FA8964A098EE5EA7BDA64405C"><enum>(5)</enum><text>The foreigner in
question has violated domestic laws or has negative references from
abroad.</text>
</paragraph><paragraph id="HFC51D8BF609D4A26B82061AE2F483539"><enum>(6)</enum><text>The foreigner in
question has violated this Act, the regulations thereto, or other applicable
administrative provisions, or does not comply with the requisites set forth in
same.</text>
</paragraph><paragraph id="H0D2A231E67BB440E8C4B620055F2CD60"><enum>(7)</enum><text>The foreigner in
question is not deemed physically or mentally sound, in the opinion of the
Department of Health and Human Services.</text>
</paragraph><paragraph id="H0BC7FBD022714EEEBFA8823051F00027"><enum>(8)</enum><text>Other statutory
provisions so stipulate.</text>
</paragraph></section><section id="H25463D6C0FF846420059EC831BE957FD"><enum>305.</enum><header>Suspension or
prohibition of admission of foreigners when national interests
require</header><text display-inline="no-display-inline">The Department shall
have the authority to suspend or prohibit the admission of foreigners when
national interests so require.</text>
</section><section id="HB24C902D8A054B0D88C17C5283105636"><enum>306.</enum><header>Legal status
for spouses and parents of United States citizens</header><text display-inline="no-display-inline">When a foreign citizen or national marries a
United States citizen or national, or has a child born in the United States,
the Department may authorize legal status for that foreign citizen.</text>
</section><section id="H4E108C15264F489BABBB43CF99DE5272"><enum>307.</enum><header>Change in legal
status for spouses and parents of United States citizens</header><text display-inline="no-display-inline">The Department may—</text>
<paragraph id="H846AC80F37FE44D79E3317CEBF95F6CF"><enum>(1)</enum><text>revoke the legal
status of, and establish a time period for departure from the United States
for, a foreign citizen or national described in section 306 if the marital bond
is dissolved or the foreign spouse fails to comply with the obligations
established by civil family support legislation; or</text>
</paragraph><paragraph id="HB6A89925588D4A5B97048C437003AE52"><enum>(2)</enum><text>reconfirm or
reassign another immigration status on that foreign citizen or national.</text>
</paragraph></section><section id="HE2AF961ECFD543BBAB58BE6062CB43FB"><enum>308.</enum><header>Nonimmigrant
and immigrant categories</header><text display-inline="no-display-inline">Foreign citizens or nationals may legally
enter the country with an immigration status corresponding to either of the
following categories:</text>
<paragraph id="H5511A840843A45F69CDC18D5EB5734FD"><enum>(1)</enum><text>Nonimmigrant.</text>
</paragraph><paragraph id="HCEAE0166EEBC4983B9CA6804E0C4DA85"><enum>(2)</enum><text>Immigrant.</text>
</paragraph></section><section id="H714ABA7477E64A74934685FCFFB73F09"><enum>309.</enum><header>Nonimmigrant
categories</header><text display-inline="no-display-inline">A nonimmigrant
shall be a foreign citizen or national who enters the country temporarily with
permission from the Department under one of the following categories:</text>
<paragraph id="H2E308E713AF54D7DB0668DA8852FD1D"><enum>(1)</enum><text>Tourist.</text>
</paragraph><paragraph id="H53E90C621B8D49FEAFCF77082C8E7527"><enum>(2)</enum><text>Transmigrant.</text>
</paragraph><paragraph id="H873AF87D2BA94AA2B371DE6E9DC0CE73"><enum>(3)</enum><text>Visitor.</text>
</paragraph><paragraph id="H2C7F3E25FC544346B010D58200AE7561"><enum>(4)</enum><text>Religious minister
or associate.</text>
</paragraph><paragraph id="H7FAAB3639CFA4B8B999438049ECA3EEE"><enum>(5)</enum><text>Political
asylee.</text>
</paragraph><paragraph id="H9334365F84304D03A4127793ED9EC96"><enum>(6)</enum><text>Refugee.</text>
</paragraph><paragraph id="H4F11AADAB6B74B6EB1B7C5E78DE10963"><enum>(7)</enum><text>Student.</text>
</paragraph><paragraph id="H2B80F91F0E3B4D8DA5BCC22EF4F02273"><enum>(8)</enum><text>Distinguished
visitor.</text>
</paragraph><paragraph id="H7187DB6D80044B7BAAFDB2A514A90008"><enum>(9)</enum><text>Local
visitor.</text>
</paragraph><paragraph id="H210148219F2F4E399B337001942D4430"><enum>(10)</enum><text>Temporary
visitor.</text>
</paragraph><paragraph id="HBB0C254D348647D384428F17D15B2B8D"><enum>(11)</enum><text>Correspondent.</text>
</paragraph></section><section id="H6AC19F5D5CFE45D1B6EAA1576C770414"><enum>310.</enum><header>Requirements of
admission</header><text display-inline="no-display-inline">Admission into the
country granted to a foreigner shall obligate same to comply strictly with the
conditions set forth in the visa as well as the provisions established by the
respective legislation.</text>
</section><section id="H1F8A0B3CD5D84BAFB3F748ABDDE23063"><enum>311.</enum><header>Immigrant
defined</header><text display-inline="no-display-inline">An immigrant is a
foreign citizen or national who enters the country legally for purposes of
residing therein while waiting to attain permanent resident status.</text>
</section><section id="H249F555D5B6A4AF4B2A5ABB13D6EA2B1"><enum>312.</enum><header>Term of
authorized admission for immigrants</header><text display-inline="no-display-inline">Immigrants shall be accepted for up to five
years, and shall be required to demonstrate to the satisfaction of the
Department that they are complying with the conditions established when their
entry into the country was authorized, as well as with any other applicable
immigration provisions, in order for their immigration documents to be renewed,
when applicable.</text>
</section><section id="H3C8B9C6884494F9EA3F41581D75E82C0"><enum>313.</enum><header>Change in
conditions of admission</header><text display-inline="no-display-inline">If
during the stay period granted the underlying conditions allowing the
immigrant’s stay are not complied with, the immigrant must notify the
Department of the situation within fifteen days, so that the immigrant’s
documents may be revoked and a time period set for the immigrant to either
leave the country or normalize status, at the discretion of the
Department.</text>
</section><section id="HD7DB598574EF46248672BD4B8B319800"><enum>314.</enum><header>Interruption in
period of continuous residence in United States</header><text display-inline="no-display-inline">An immigrant who remains outside the country
for more than eighteen months either consecutively or intermittently shall not
be allowed to apply for permanent resident status until the time period set
forth in section 319 has transpired in its entirety once again.</text>
</section><section id="H1E1EC49CB78E4E85AE8833C01001BF2D"><enum>315.</enum><header>Loss of status
due to absence from United States</header><text display-inline="no-display-inline">An immigrant who remains out the country for
more than two years shall lose status, except in those cases determined by the
Department.</text>
</section><section id="H6A2F1FC6896A4DF7B611B91C5F115D4"><enum>316.</enum><header>Immigrant
categories</header><text display-inline="no-display-inline">The various
immigrant categories are as follows:</text>
<paragraph id="H4096A90BB45C4F08998778D2AA7C5617"><enum>(1)</enum><text>Pensioner.</text>
</paragraph><paragraph id="H2B7D15C382854F47BCB7358F5444103E"><enum>(2)</enum><text>Investor.</text>
</paragraph><paragraph id="HA6B1FCEA35FC4BF187EB5FF7ED62A1E9"><enum>(3)</enum><text>Professional.</text>
</paragraph><paragraph id="HF2CD4E6BB5F543F880429C968B04D4B0"><enum>(4)</enum><text>Confidential
Employee.</text>
</paragraph><paragraph id="HEFA05855282E4F8FAFDFCDA7AD9F12C"><enum>(5)</enum><text>Scientist.</text>
</paragraph><paragraph id="HB3055D27F20F4AAC9D714DD71E0056BA"><enum>(6)</enum><text>Technician.</text>
</paragraph><paragraph id="HA27921C9AAE044C6843CAC3794E76E7E"><enum>(7)</enum><text>Family
member.</text>
</paragraph><paragraph id="HB1006EB39FB944C6A216D98B4E31B2C5"><enum>(8)</enum><text>Artist.</text>
</paragraph><paragraph id="HE614679CD9154878BE03488868AA61A3"><enum>(9)</enum><text>Athlete.</text>
</paragraph><paragraph id="H1C06FFD502B44156BF06FFE160672035"><enum>(10)</enum><text>Assimilated
person.</text>
</paragraph></section><section id="H3F032F996F8E482D8DE5C2FC6C863ECD"><enum>317.</enum><header>Scientific or
technical research or studies</header><text display-inline="no-display-inline">All foreigners who perform scientific or
technical research or studies in the United States shall deliver to the
Department a copy of such works, even when same are completed, perfected, or
printed abroad.</text>
</section><section id="H60C1A21B9A0046B4B6F15438008533B0"><enum>318.</enum><header>Maximum
facilities for the temporary admission of foreigners</header><text display-inline="no-display-inline">In exceptional situations, the Department
may establish measures to provide maximum facilities for the temporary
admission of foreigners.</text>
</section><section id="HE38CE15BB29F40DB9C24754D47031FDA"><enum>319.</enum><header>Application for
permanent resident status after 5 years</header><text display-inline="no-display-inline">Immigrants who have legally resided in the
United States for five years—</text>
<paragraph id="HFEB5F884B5B9493CB7A1CCB24C00CD00"><enum>(1)</enum><text>may acquire
permanent resident status, provided they have complied with the provisions of
this Act and the regulations thereto and their activities have been honest and
positive for the community. The interested party shall retain immigration
status until such time as the Department has resolved the immigrant’s
application for permanent resident status; and</text>
</paragraph><paragraph id="HC69A6E4AC5894501A9B0A0F867406CE"><enum>(2)</enum><text>shall have his or
her documents revoked and a time period set for that immigrant’s departure in
the event the 5-year stay period allowed to an immigrant has expired and such
immigrant has either not applied for permanent resident status within the time
periods established by the regulations, or said status application has been
denied, from the United States. In such cases the foreign citizen or national
may apply once again for immigrant status in accordance herewith.</text>
</paragraph></section><section id="HD427E228440F44BFBFAB1B89B292F572"><enum>320.</enum><header>Express
declaration required for permanent resident status</header><text display-inline="no-display-inline">Express
declaration from the Department shall be required in order to obtain permanent
resident status.</text>
</section><section id="H6C1A93FA48584A6BA9ACC1DAA15B2D94"><enum>321.</enum><header>Authorized
activities of permanent residents</header><text display-inline="no-display-inline">A permanent resident may pursue any lawful
activity, under such limitations as may be imposed by the Department, in
accordance with the regulations and other applicable provisions.</text>
</section><section id="H0FF8945FB2E94DA19B90B951AE1B145D"><enum>322.</enum><header>Revocation of
permanent resident status due to absence from United States</header><text display-inline="no-display-inline">A permanent resident may freely exit and
enter the country, but shall have immigration status revoked if the permanent
resident remains outside the country for more than 3 consecutive years, or for
more than a total of 5 years during a ten-year period. The 10-year period shall
commence as of the date the permanent resident status is granted, in the manner
and under the terms set forth in the regulations.</text>
</section><section id="H8A4D2CE0F6F948AF99F36BCC32D2DBEE"><enum>323.</enum><header>Official
representatives of foreign governments</header><text display-inline="no-display-inline">Foreign diplomats and consular agents
accredited in the country, as well as other officials who are in the United
States for purposes of officially representing their respective governments,
shall not acquire residence rights based solely on time periods. In the event
such an official wishes to continue to reside in the United States upon the
termination of official representation capacity, the person in question shall
be required to comply with all ordinary requisites. In such cases, the
Department shall be able to grant to such foreigners, for motives of
reciprocity, such facilities as the corresponding foreign governments grant to
those persons who have served as United States representatives.</text>
</section><section id="HEA824DA55CAA4340B27559A7F562AAAB"><enum>324.</enum><header>Single
immigration status permitted</header><text display-inline="no-display-inline">No foreigner may hold 2 immigration statuses
nor pertain to 2 immigration categories simultaneously.</text>
</section><section id="H7C4F10688573498390979F0093A86748"><enum>325.</enum><header>Limited
immigration statuses and categories</header><text display-inline="no-display-inline">The immigration statuses or categories
described under section 309(1) may not be varied. Variation of the other
categories of immigration status shall remain at the discretion of the
Department, once the requisites established herein for the new immigration
status requested have been fulfilled.</text>
</section><section id="HC4FE34931BDD46F9BC74E5502BD0C870"><enum>326.</enum><header>Authorization
required for additional activities</header><text display-inline="no-display-inline">Any foreigner who wishes to pursue
activities other than those for which that foreigner has already been expressly
authorized by the Department must receive permission from the Department to
pursue such activities.</text>
</section><section id="H545B19251987400D95578700F1B6F9E4"><enum>327.</enum><header>Notification
required of change in circumstances</header><text display-inline="no-display-inline">Those persons who have foreigners as
employees or economic dependents shall be required to notify the Department
within fifteen days of any circumstance that may alter or modify the
immigration conditions to which said foreigner are subject. The aforementioned
persons shall also be required to cover the costs incurred due to the
deportation of such foreigners in the event the Department should order such
deportation.</text>
</section><section id="HD8250EDF4F314DBA9ECB7146917F697D"><enum>328.</enum><header>Admissions
requirements</header><text display-inline="no-display-inline">In order to enter
the country, foreigners must comply with the following requisites:</text>
<paragraph id="H29D9D645B3EB497DA4050053744B746D"><enum>(1)</enum><text>Present an
official certificate of good physical and mental health, issued by authorities
from the country of origin, in those cases where the Department shall so
require.</text>
</paragraph><paragraph id="HA4621740C4EA4594BA17C21F052DB5B"><enum>(2)</enum><text>Be
approved of based on such examination as the Department of Health and Human
Services may perform.</text>
</paragraph><paragraph id="H128A4E463D504F3FBB8DD505DE4D5DA2"><enum>(3)</enum><text>Provide to the
Department, under oath, such information as may be requested of them.</text>
</paragraph><paragraph id="HA23F574704C14CECAEEB9C4C052092AC"><enum>(4)</enum><text>Identify
themselves by way of proper and authentic documents and, if applicable,
accredit their immigration status.</text>
</paragraph><paragraph id="H2DFBDE74FDD44036ABD32FA87B903026"><enum>(5)</enum><text>Present an
official certificate of their conduct, issued by the corresponding authority of
their normal place of residence, in those cases where the Department shall so
require.</text>
</paragraph><paragraph id="HB20BD6189AA34583AF0081000099F101"><enum>(6)</enum><text>Comply with the
requisites set forth in their entry permit.</text>
</paragraph></section><section id="HE798DBB559B04ED28772E100CC511F00"><enum>329.</enum><header>Registration
upon entry</header><text display-inline="no-display-inline">Those foreigners
who enter the country under immigration status, and those nonimmigrants
referred to in subsections (c), (d), (e), (f), and (g) of section 309 shall be
required to register with the Department within 30 days following the date of
their entry.</text>
</section><section id="H38C724321A274F1884B947ED004C825E"><enum>330.</enum><header>Verification of
lawful presence</header><text display-inline="no-display-inline">Whenever
required by the Department, foreign citizens and nationals must verify that
they have legally entered and stayed in the United States, and must comply with
such other requisites as may be set forth in this Act and the regulations
thereto.</text>
</section><section id="HC249A86F998C4DA99CB144C472B12606"><enum>331.</enum><header>Notification of
changes</header><text display-inline="no-display-inline">Registered foreigners
shall be required to notify the Department of any changes in their immigration
status or category, nationality, civil status, address, and activities, within
thirty days following such changes.</text>
</section><section id="H9DCA790DADA2478F00E8EC995C17E8"><enum>332.</enum><header>Acquisition of
securities, real estate, bank account</header><text display-inline="no-display-inline">Regardless of their immigration status,
foreigners may, either directly or by proxy, without the need for authorization
from the Department, acquire fixed or variable income securities and make bank
deposits, as well as acquire urban real property and rights.</text>
</section><section id="HD5EB731E10A94420A864DA71E8627066"><enum>333.</enum><header>Exception for
foreigners in transit</header><text display-inline="no-display-inline">A
foreigner in transit, due to the nature of his or her status, shall not be
eligible to acquire the types of property referred to under section 332.</text>
</section><section id="H32118FC8F99D46AB868D4124FBA6BE5"><enum>334.</enum><header>Verification of
lawful presence to government authorities, notaries public, and commercial
brokers</header><text display-inline="no-display-inline">All Federal, State,
and local authorities, as well as notaries public and those who substitute or
take place of the same, and commercial brokers, shall be required to request
those foreigners who deal with them to prove that they are staying in the
country legally. In those cases set forth in regulation, such authorities,
notaries, and brokers shall be required to request that the foreigners they
deal with accredit that their immigration status and category allow them to
perform the act or enter into contract in question or, to the contrary, show
that they have obtained special authorization from the Department for such
effects. In those cases indicated in Regulation, such authorities, notaries,
and brokers shall notify the Department within a period no longer than 15 days
following the act performed or contract entered into before them.</text>
</section><section id="HB3FA30F7FEF74B58A0CD1E069F405957"><enum>335.</enum><header>Verification of
lawful presence to civil judges or officials</header><text display-inline="no-display-inline">Civil judges or officials shall not perform
any act involving the participation of any foreigner until the latter has first
demonstrated that his or her stay in the country is legal, except in cases of
the registration of births and deaths under the terms set forth in regulations
of this Act. In cases involving the marriage of foreigners with United States
citizens and nationals, they must also request authorization from the
Department.</text>
</section><section id="H0652B3A1FA7E4598994B40DB73E17F1"><enum>336.</enum><header>Registration of
required verifications</header><text display-inline="no-display-inline">In all
cases the verification referred to in this article must be recorded, and the
Department must be given notice of the act performed.</text>
</section><section id="H1A299E0382DA41EA873F97B583182834"><enum>337.</enum><header>Registration
with Department of marriages and divorces</header><text display-inline="no-display-inline">Marriages and divorces between United States
citizens and nationals and foreigners shall be recorded in a registry within
the Department within 30 days following the date of same.</text>
</section><section id="H80DDFA9796AB497E823ED686F8178200"><enum>338.</enum><header>Certification
from Department required for divorce or annulment</header><text display-inline="no-display-inline">No judicial nor administrative authority
shall process any divorce or marriage annulment involving foreigners unless the
petition for same is accompanied by a certification from the Department
accrediting their legal residence in the United States, as well as a
certification that their immigration status and category permit such act to be
performed.</text>
</section><section id="H4786EB36BD6B4001B5276DB6FD098FFB"><enum>339.</enum><header>Certificates
accrediting lawful stay</header><text display-inline="no-display-inline">The
Department, upon request from the interested parties and within a period no
greater than thirty working days, shall issue certificates accrediting their
lawful stay in the country.</text>
</section><section id="H071AABA272AE4CCF8F85532716CD42ED"><enum>340.</enum><header>Immigration
detention centers</header><text display-inline="no-display-inline">The
Department shall establish immigration detention centers in those places within
areas of the United States deemed appropriate for purposes of holding, as a
security measure if considered necessary, those foreigners whose entry into the
United States has been provisionally authorized, as well as those who are to be
deported.</text>
</section><section id="HBFBD73A1D44C4A47992F38DEE59404C0"><enum>341.</enum><header>Notification of
Department regarding criminal prosecution of foreigners</header><text display-inline="no-display-inline">Judicial authorities shall be required to
notify the Department concerning the particulars of those foreigners who are
being prosecuted, upon commencement of said process, along with information
with respect to the crimes allegedly committed and any sentence entered.</text>
</section><section id="H5D85A065CD124AB68C2B7EC82CCA3E2B"><enum>342.</enum><header>Notification of
Department concerning changes in civil status affecting
foreigners</header><text display-inline="no-display-inline">The States shall
require any civil or family court judge to notify the Department concerning
changes in civil status affecting foreigners within five days following the
date of the corresponding act, sentence, or resolution.</text>
</section><section id="HA6732CBC67D446E5BFBDF5C6455FD9E5"><enum>343.</enum><header>Inter-agency
cooperation</header><text display-inline="no-display-inline">Those authorities
who by law are responsible for Federal, State, or local public enforcement
agencies shall collaborate with the Department upon request from the latter,
for purposes of enforcing the provisions of this Act.</text>
</section><section id="HA3347A4BCE8C422B8800284BFEE047DD"><enum>344.</enum><header>Employment
authorization verification</header><text display-inline="no-display-inline">No
one shall be able to employ foreigners who have not first verified their legal
stay in the country and obtained the specific authorization to render the
service in question</text>
</section><section id="H2B015A26AAB041FCBAE08DC899E15108"><enum>345.</enum><header>Deemed
abandonment of immigration benefit request</header><text display-inline="no-display-inline">In the event a company, a foreigner, or
their legal representative does not comply with the requisites set forth by the
Department for any immigration procedure within the time period established by
the Department for such purposes, it shall be deemed that they have abandoned
(desisted from pursuing) said procedure.</text>
</section><section id="HFD4C13A460D243B7A27995F8E1D9AA6"><enum>346.</enum><header>Limitation on
political participation</header><text display-inline="no-display-inline">An
individual who is neither a United States citizen or national, nor a permanent
legal resident, may not in any way participate in the political affairs of the
United States.</text>
</section><enum>IV</enum><header>National
Population Registry</header>
<section id="H897102F1F7F042B1A28F2DE714AEF674"><enum>401.</enum><header>Creation of
National Population Registry</header><text display-inline="no-display-inline">The Department shall, through the creation
of a National Population Registry, be responsible for the registration and
accreditation of the identity of all foreign persons who reside in the United
States.</text>
</section><section id="HDDE905C558D7480ABAB107C0441D41D5"><enum>402.</enum><header>Purpose</header><text display-inline="no-display-inline">The purpose of the National Population
Registry shall be to maintain a record of every foreign person within the
United States population, with such data as may be necessary to definitively
certify and accredit their identity.</text>
</section><section id="HCA35C428691442BD8E0055A977EB9026"><enum>403.</enum><header>Composition</header><text display-inline="no-display-inline">The Registry shall be comprised of the
immigration information kept on record by the Department.</text>
</section><section id="H90EBA4939A074BE29803CCEEE9EE7701"><enum>404.
</enum><header>Assignment of code number</header><text display-inline="no-display-inline">Upon being registered in the National
Population Registry, each person shall be assigned a code number that shall be
referred to as an Individual Population Registry Number, which shall serve to
register and identify each person individually.</text>
</section><section id="H01124F33D3E44385BA4CEBB20207AA36"><enum>405.</enum><header>Norms, methods,
and technical procedures for National Population Registry</header><text display-inline="no-display-inline">The Department shall establish the norms,
methods, and technical procedures for the National Population Registry, and
shall coordinate the identification and registration methods observed by the
various Federal agencies.</text>
</section><section id="HA487DECB77F74C14A0B5BCB3E8469F09"><enum>406.</enum><header>Local authority
contribution</header><text display-inline="no-display-inline">Local authorities
shall contribute to the composition of the National Population Registry for the
following purposes:</text>
<paragraph id="H6E10160205C840A300A52D0069B567B9"><enum>(1)</enum><text>To adopt the norms
referred to in section 405.</text>
</paragraph><paragraph id="H675D3FC1AB02478CA0A7766BA45778BC"><enum>(2)</enum><text>To collect
information relating to births and deaths, in order to comprise the National
Population Registry and maintain same permanently updated.</text>
</paragraph><paragraph id="HCE8C39641CAD4D87B3F5274930E935A7"><enum>(3)</enum><text>When registering
births of children born to foreign parents, to include the Individual
Population Registry Number on the corresponding birth certificate.</text>
</paragraph></section><section id="H82A81FAF8C2C4615AD5CE5C828B2C813"><enum>407.</enum><header>Judicial
notification</header><text display-inline="no-display-inline">Judicial
authorities shall be required to notify the Department of any resolutions that
affect an individual’s immigration rights or imply a modification of a persons
registry data.</text>
</section><section id="H96B42E84345E43CAB5D302B5F7F1B8C9"><enum>408.</enum><header>Use in
preparing election documentation</header><text display-inline="no-display-inline">The Department shall provide to the
respective States such National Population Registry information as may be
necessary for the purposes of preparing election documentation, under the terms
set forth by law.</text>
</section><enum>V</enum><header>Penalties</header>
<section id="HCB9F0998824C40A29BBD190005A346DF"><enum>501.</enum><header>Department
employees</header><text display-inline="no-display-inline">Employees of the
Department shall be penalized with thirty days suspension, or dismissal in
extreme cases, in the event they—</text>
<paragraph id="H19E0DDE459D747E8A1E2E0793DC9EB39"><enum>(1)</enum><text>reveal matters of
a confidential nature without being authorized to do so;</text>
</paragraph><paragraph id="H9C5F20AE668F460AB22F9676CDA16CC5"><enum>(2)</enum><text>obstruct the
normal processing of immigration matters, either maliciously or due to gross
negligence;</text>
</paragraph><paragraph id="HE42533AFE0124DED96C8125239617E66"><enum>(3)</enum><text>intervene in the
handling of the matters referred to in this Act, or provide for or advise upon
a way for interested parties to avoid immigration provisions and procedures,
either directly or by way of third persons; and</text>
</paragraph><paragraph id="H7CD9892F1EA84C8F9CF23DD68DD3297D"><enum>(4)</enum><text>maliciously make
improper use of immigration documents or provide same to third persons, without
the authorization of the Secretary.</text>
</paragraph></section><section id="H81D3D9924DB148BBAF5F785B4270378C"><enum>502.</enum><header>Federal, State,
and local authorities</header><text display-inline="no-display-inline">Any
Federal, State, or local authority who violates the provisions of this Act or
the regulations thereto, when such violations do not constitute criminal
offenses, shall be penalized by a fine of up to $9,000, and dismissal in the
event of repeat violations.</text>
</section><section id="HAFB8C77719094C54B0C0007F77D9D56F"><enum>503.</enum><header>Aiders and
abettors</header><text display-inline="no-display-inline">A person who aids,
abets, or advises any individual to violate the provisions of this Act and the
regulations thereto in a manner that does not constitute a criminal offense,
shall be punished by a fine of up to 100 times the general minimum daily wage
in effect at the time the violation is committed, or by incarceration for 36
hours if such fine is not paid.</text>
</section><section id="H34069FB1B8D44F5083B68B9EE5333DF"><enum>504.</enum><header>False
signature</header><text display-inline="no-display-inline">A person who submits
or signs any document or petition with a signature that is false or different
from the one normally used shall be subject to a fine of up to 200 times the
general minimum daily wage in effect at the time the violation is committed, or
by incarceration for 36 hours if such fine is not paid, without prejudice to
any penalties that may be incurred when such violation constitutes a criminal
offense.</text>
</section><section id="H6A2261A4D4034B2E8BA698D91ED19549"><enum>505.</enum><header>Failure to
depart</header><text display-inline="no-display-inline">A fine of up to $9,000
shall be imposed on any foreigner whose immigration status has been revoked and
who has not complied with the orders from the Department to leave the United
States within the time period set for said purpose.</text>
</section><section id="HF4C2F5CD6B2542CD9729C5009500B2D2"><enum>506.</enum><header>Reentry after
deportation</header><text display-inline="no-display-inline">Any foreigner who,
after being deported, enters the country again without having obtained
readmission authorization shall receive up to 10 years in prison and be fined
up to $9,000. The same penalty shall be imposed on any foreigner who fails to
report or hides his or her deportee status in order to obtain a new entry
permit.</text>
</section><section id="H89F80120A4034F5EAB9003A1D204491C"><enum>507.</enum><header>Unauthorized
overstays</header><text display-inline="no-display-inline">Any foreigner who,
after initially having legally obtained authorization to enter the country,
remains in the country illegally due to noncompliance with or violation of the
administrative or legal provisions upon which his or her stay was conditioned
shall receive up to 6 years in prison and be fined up to $9,000.</text>
</section><section id="H4A600BF33C3244ECBAC22EE0AC011CC4"><enum>508.</enum><header>Unauthorized
activities by foreigners</header><text display-inline="no-display-inline">A
fine of up to $6,000 and imprisonment of up to eighteen months shall be imposed
on any foreigner who performs activities for which he or she is not authorized
in conformance with this Act or the entry permit granted by the
Department.</text>
</section><section id="H7BD6AFEAA8C844C0A7AE36628BC09FD5"><enum>509.</enum><header>Criminal or
dishonest acts during</header><text display-inline="no-display-inline">Any
foreigner who violates the terms governing his or her stay in the country by
performing unlawful or dishonest acts shall receive up to 2 years in prison and
be fined up to $17,000.</text>
</section><section id="H51E8D5E323984D878C4C465401203CDE"><enum>510.</enum><header>False claim
regarding immigration status</header><text display-inline="no-display-inline">Any foreigner who maliciously makes use of
or claims to hold an immigration status different from that granted to him or
her by the Department shall receive up to 5 years in prison and be fined up to
$9,000.</text>
</section><section id="H5D931A3A8A274BDAB838EB6573CA3B79"><enum>511.</enum><header>Unlawful
entry</header><text display-inline="no-display-inline">Any foreigner who enters
the country illegally shall receive up to two years in prison and be fined
between $600 and $9,000.</text>
</section><section id="HD84EA7857E434540004B9FEF486DA331"><enum>512.</enum><header>Revocation of
immigration status and deportation</header><text display-inline="no-display-inline">Any foreigner who commits the violations
described in section 503, 505, 506, 507, 508, 509, 510, 513, 514, 524, 525, or
526 of this Act shall have their immigration status revoked and shall be
deported, without prejudice to the application of the penalties set forth in
such sections.</text>
</section><section id="HF19FE470362344B2B96C429F00A6D4F3"><enum>513.</enum><header>Permanent and
temporary bars from reentry</header><text display-inline="no-display-inline">In
those cases involving threats to national security or sovereignty, deportation
shall be definitive. In all other cases, the Department shall determine the
time period during which the deported foreigner shall not be allowed to reenter
the country. During such period, the person so barred may only be readmitted
upon authorization expressly issued by the Secretary.</text>
</section><section id="H821088C2FF9C4A0B9CC3779895BA4BC"><enum>514.</enum><header>Marriage
fraud</header><text display-inline="no-display-inline">Any United States
citizen who contracts marriage with a foreigner for the sole purpose of
allowing the latter to reside in the country, receiving the benefits
established by law in such cases, shall receive up to 5 years in prison and be
fined up to $9,000. The same penalties shall apply to the foreigner involved in
such a marriage.</text>
</section><section id="H2063B0EFF441441A82C1C6B9065C24FB"><enum>515.</enum><header>Deportation and
detention</header><text display-inline="no-display-inline">The deportation of
foreigners, as well as those measures established by the Department for holding
foreigners in immigration detention centers or in locations used for such
purposes prior to their detention, shall be of public order.</text>
</section><section id="H1BA45D16B8C8422994FCBA3C79F27258"><enum>516.</enum><header>Bonds not
preventing deportation</header><text display-inline="no-display-inline">Bonds
required of foreigners by judicial or administrative authorities shall not
prevent the execution of deportation orders issued by the Department against
such foreigners.</text>
</section><section id="H837EA513C76B429DA145D93CEA512F60"><enum>517.</enum><header>Maritime
carrier permitting unauthorized disembarkation</header><text display-inline="no-display-inline">A fine of up to $6,000 shall be imposed on
any maritime carrier that allows passengers or crew members to disembark on
land before receiving the corresponding permit from the Department.</text>
</section><section id="H98FF49BED9824631AAF8A8E016136CA1"><enum>518.</enum><header>Disembarkation
at unauthorized place or time</header><text display-inline="no-display-inline">Except in cases of force majeure, the
disembarking of persons arriving from abroad at places and times not indicated
for such purposes shall be punished by a fine of up to $17,000, to be imposed
on the responsible individuals, the company involved, or its representatives or
consignees.</text>
</section><section id="H70128663700C40ACBB1F24FAB44981B9"><enum>519.</enum><header>Maritime and
airline carriers bringing passengers without valid documents</header><text display-inline="no-display-inline">Maritime carriers or airline companies that
bring into the country foreigners without valid immigration documents shall be
penalized with a fine of up to $9,000, without prejudice to the possibility of
the foreigner in question being turned back and the company being required to
return same to his or her place of departure at the company’s expense.</text>
</section><section id="H03CE0F2D0A6A44C78F7E876313290000"><enum>520.</enum><header>Maritime and
airline carriers failing to return passengers denied admission</header><text display-inline="no-display-inline">In the event a maritime carrier captain or
person acting in such capacity disobeys an order to transport passengers who
have been turned back, said captain or acting captain, the carrier company, or
its representatives or consignees shall be punished with a fine of up to
$9,000. Airline companies shall be subject to the same fine. In either case a
document shall be drawn up for purposes of recording all the pertinent
circumstances.</text>
</section><section id="H61C29D8288134656813723ACFED34386"><enum>521.</enum><header>Authorizing or
ordering transport carrier to leave the United States without the necessary
permit</header><text display-inline="no-display-inline">A fine of up to $2,000
shall be imposed on any person who authorizes or orders a transport carrier to
leave the United States without the necessary permit from immigration
officials.</text>
</section><section id="HCFED982111E849258608B9AE76CC9D96"><enum>522.</enum><header>Passengers in
transit who failure to report overstay</header><text display-inline="no-display-inline">Foreigners who fail to comply with the
obligation set forth in section 212 herein shall be punished by a fine of up to
100 times the general minimum daily wage in effect at the time the violation is
committed, or by incarceration for 36 hours if such fine is not paid.</text>
</section><section id="H2924DE7DDB0E4A94961572FBDEB619B5"><enum>523.</enum><header>Visiting a
foreign maritime carrier without permission</header><text display-inline="no-display-inline">Any person who visits a foreign maritime
carrier without permission from immigration officials shall be punished with a
fine of up to $900 or incarceration of up to 3 days. The same penalty shall be
imposed on any person who, without being authorized to do so, allows a visit
such as those referred to in the preceding paragraph.</text>
</section><section id="H1EBAC83A2ADC4B03B4E4BA1662AF1FB6"><enum>524.</enum><header>Trafficking</header><text display-inline="no-display-inline">Imprisonment of between 6 and 12 years and a
fine of between 100 and 10,000 times the general minimum daily wage in effect
at the time the violation is committed shall be imposed on any person
who—</text>
<paragraph id="H3866F43AA3FE4B7D89F800E5E604C811"><enum>(1)</enum><text>for purposes of
trafficking, either directly or through an intermediary transports or attempts
to transport United States citizens or nationals or foreigners into another
country without the corresponding documentation;</text>
</paragraph><paragraph id="HBE3111D951AF4280A2C3003CB4B45B1E"><enum>(2)</enum><text>either directly or
through another person brings one or more foreigners into the United States
without the corresponding documentation issued by an applicable authority;
and</text>
</paragraph><paragraph id="HFA8F97BDD5F34B099E189E5B93C82C22"><enum>(3)</enum><text>for purposes of
trafficking, shelters or transports foreigners within the United States in
order to hide such persons and avoid immigration inspections.</text>
</paragraph></section><section id="H1DC234E23DEF4F5B8000A9E14C8C00E0"><enum>525.</enum><header>Aiding
trafficking</header><text display-inline="no-display-inline">Imprisonment of
from 1 to 5 years and a fine of up to 5,000 times the general minimum daily
wage in effect at the time the violation is committed shall be imposed on any
person who knowingly provides the means to, offers to, or helps to carry out
the acts described under section 524.</text>
</section><section id="HD36871CA9C704287A2561E00B404F7D"><enum>526.</enum><header>Enhanced
penalties for certain forms of trafficking</header><text display-inline="no-display-inline">The fines established under section 524 and
525 shall be increased by up to 50 percent in the event the acts described
therein involve underage persons, or under conditions or by means that endanger
the life, health, or integrity of the undocumented persons, or in the event the
principal is a public servant.</text>
</section><section id="H80C7F97A86A946B4AFD9EC4323D49465"><enum>527.</enum><header>Processing
divorce or marriage annulment without certification</header><text display-inline="no-display-inline">Any judicial or administrative official who
processes any divorce or marriage annulment involving foreigners, when the
petition for same is not accompanied by a certification from the Department
accrediting their legal residence in the country, nor by a certification that
their immigration status and category permit such act to be performed, shall
have his or her employment terminated, and shall be imprisoned for up to 6
months or be subject to a fine of up to $17,000, or both. Any such official
shall be suspended from his or her functions upon the initiation of the
prosecution of such offense.</text>
</section><section id="H8F4B0E33919949C9A67956383D9C65BB"><enum>528.</enum><header>Permitting
foreigner to escape immigration controls</header><text display-inline="no-display-inline">A fine of up to 1,000 times the general
minimum daily wage in effect at the time the violation is committed shall be
imposed on any person who takes custody of a foreigner and then allows said
foreigner to escape immigration controls, without prejudice to such penalties
as may be incurred in the event such action constitutes a criminal
offense.</text>
</section><section id="HF2EB400CCBBA4EE3B323A6AC26821CC"><enum>529.</enum><header>Other
administrative infractions</header><text display-inline="no-display-inline">Any
administrative infraction of this Act or the regulations thereto in immigration
matters, with respect to cases not foreseen in this chapter, shall be subject
to a fine of up to 1,000 times the general minimum daily wage in effect at the
time the violation is committed, or subject to detention for up to 36 hours if
such fine is not paid.</text>
</section><section id="HE78F61F246A14B198279E45F7EC2C1D2"><enum>530.</enum><header>Complaint
procedures</header><text display-inline="no-display-inline">In the event of
crimes committed in violation of the provisions of this Act, the criminal
proceedings pursued by the United States Attorney General shall be subject to
the complaint submitted by the Department in each case.</text>
</section>