8 USC 1372(e)(2)

TITLE 8—ALIENS AND NATIONALITY

§ 1372

(1) Public charge deportations
The number of aliens deported on public
charge grounds under section 1227(a)(5) 1 of this
title during the previous fiscal year.
(2) Indigent sponsors
The number of determinations made under
section 1631(e) of this title during the previous
fiscal year.
(3) Reimbursement actions
The number of actions brought, and the
amount of each action, for reimbursement
under section 1183a of this title (including private collections) for the costs of providing
public benefits.
(Pub. L. 104–208, div. C, title V, § 565, Sept. 30,
1996, 110 Stat. 3009–684.)
REFERENCES IN TEXT
Section 1227(a)(5) of this title, referred to in par. (1),
was in the original a reference to ‘‘section 241(a)(5) of
the Immigration and Nationality Act’’, which has been
translated as referring to section 237(a)(5) of the Immigration and Nationality Act to reflect the probable intent of Congress and the renumbering of section 241 as
237 by Pub. L. 104–208, div. C, title III, § 305(a)(2), Sept.
30, 1996, 110 Stat. 3009–598. Pub. L. 104–208, § 305(a)(3), enacted a new section 241 of the Immigration and Nationality Act which is classified to section 1231 of this title,
but subsec. (a)(5) of that section does not relate to deportation on public charge grounds.
CODIFICATION
Section was enacted as part of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996,
and also as part of the Omnibus Consolidated Appropriations Act, 1997, and not as part of the Immigration
and Nationality Act which comprises this chapter.
ABOLITION OF IMMIGRATION AND NATURALIZATION
SERVICE AND TRANSFER OF FUNCTIONS
For abolition of Immigration and Naturalization
Service, transfer of functions, and treatment of related
references, see note set out under section 1551 of this
title.

§ 1372. Program to collect information relating to
nonimmigrant foreign students and other exchange program participants
(a) In general
(1) Program
The Attorney General, in consultation with
the Secretary of State and the Secretary of
Education, shall develop and conduct a program to collect from approved institutions of
higher education, other approved educational
institutions, and designated exchange visitor
programs in the United States the information
described in subsection (c) of this section with
respect to aliens who—
(A) have the status, or are applying for the
status, of nonimmigrants under subparagraph (F), (J), or (M) of section 1101(a)(15) of
this title; and
(B) are nationals of the countries designated under subsection (b) of this section.
(2) Deadline
The program shall commence not later than
January 1, 1998.
1 See

References in Text note below.

Page 406

(3) Aliens for whom a visa is required
The Attorney General, in consultation with
the Secretary of State, shall establish an electronic means to monitor and verify—
(A) the issuance of documentation of acceptance of a foreign student by an approved
institution of higher education or other approved educational institution, or of an exchange visitor program participant by a designated exchange visitor program;
(B) the transmittal of the documentation
referred to in subparagraph (A) to the Department of State for use by the Bureau of
Consular Affairs;
(C) the issuance of a visa to a foreign student or an exchange visitor program participant;
(D) the admission into the United States of
the foreign student or exchange visitor program participant;
(E) the notification to an approved institution of higher education, other approved
educational institution, or exchange visitor
program sponsor that the foreign student or
exchange visitor participant has been admitted into the United States;
(F) the registration and enrollment of that
foreign student in such approved institution
of higher education or other approved educational institution, or the participation of
that exchange visitor in such designated exchange visitor program, as the case may be;
and
(G) any other relevant act by the foreign
student or exchange visitor program participant, including a changing of school or designated exchange visitor program and any
termination of studies or participation in a
designated exchange visitor program.
(4) Reporting requirements
Not later than 30 days after the deadline for
registering for classes for an academic term of
an approved institution of higher education or
other approved educational institution for
which documentation is issued for an alien as
described in paragraph (3)(A), or the scheduled
commencement of participation by an alien in
a designated exchange visitor program, as the
case may be, the institution or program, respectively, shall report to the Immigration
and Naturalization Service any failure of the
alien to enroll or to commence participation.
(b) Covered countries
The Attorney General, in consultation with
the Secretary of State, shall designate countries
for purposes of subsection (a)(1)(B) of this section. The Attorney General shall initially designate not less than 5 countries and may designate additional countries at any time while
the program is being conducted.
(c) Information to be collected
(1) In general
The information for collection under subsection (a) of this section with respect to an
alien consists of—
(A) the identity and current address in the
United States of the alien;
(B) the nonimmigrant classification of the
alien and the date on which a visa under the

Page 407

TITLE 8—ALIENS AND NATIONALITY

classification was issued or extended or the
date on which a change to such classification was approved by the Attorney General;
(C) in the case of a student at an approved
institution of higher education, or other approved educational institution,,1 the current
academic status of the alien, including
whether the alien is maintaining status as a
full-time student or, in the case of a participant in a designated exchange visitor program, whether the alien is satisfying the
terms and conditions of such program;
(D) in the case of a student at an approved
institution of higher education, or other approved educational institution,,1 any disciplinary action taken by the institution
against the alien as a result of the alien’s
being convicted of a crime or, in the case of
a participant in a designated exchange visitor program, any change in the alien’s participation as a result of the alien’s being
convicted of a crime; and 2
(E) the date of entry and port of entry;
(F) the date of the alien’s enrollment in an
approved institution of higher education,
other approved educational institution, or
designated exchange visitor program in the
United States;
(G) the degree program, if applicable, and
field of study; and
(H) the date of the alien’s termination of
enrollment and the reason for such termination (including graduation, disciplinary
action or other dismissal, and failure to reenroll).
(2) FERPA
The Family Educational Rights and Privacy
Act of 1974 [20 U.S.C. 1232g] shall not apply to
aliens described in subsection (a) of this section to the extent that the Attorney General
determines necessary to carry out the program under subsection (a) of this section.
(3) Electronic collection
The information described in paragraph (1)
shall be collected electronically, where practicable.
(4) Computer software
(A) Collecting institutions
To the extent practicable, the Attorney
General shall design the program in a manner that permits approved institutions of
higher education, other approved educational institutions, and designated exchange visitor programs to use existing software for the collection, storage, and data
processing of information described in paragraph (1).
(B) Attorney General
To the extent practicable, the Attorney
General shall use or enhance existing software for the collection, storage, and data
processing of information described in paragraph (1).
(5) Reporting requirements
The Attorney General shall prescribe by regulation reporting requirements by taking into
1 So
2 So

in original.
in original. The word ‘‘and’’ probably should not appear.

§ 1372

account the curriculum calendar of the approved institution of higher education, other
approved educational institution, or exchange
visitor program.
(d) Participation by institutions of higher education and exchange visitor programs
(1) Condition
The information described in subsection (c)
of this section shall be provided by institutions of higher education, other approved educational institutions, or exchange visitor programs as a condition of—
(A) in the case of an approved institution
of higher education, or other approved educational institution,,1 the continued approval of the institution under subparagraph
(F) or (M) of section 1101(a)(15) of this title;
and
(B) in the case of an approved institution
of higher education or a designated exchange
visitor program, the granting of authority to
issue documents to an alien demonstrating
the alien’s eligibility for a visa under subparagraph (F), (J), or (M) of section
1101(a)(15) of this title.
(2) Effect of failure to provide information
If an approved institution of higher education, other approved educational institution, or a designated exchange visitor program
fails to provide the specified information, such
approvals and such issuance of visas shall be
revoked or denied.
(e) Funding
(1) In general
Beginning on April 1, 1997, the Attorney
General shall impose on, and collect from,
each alien described in paragraph (3), with respect to whom the institution or program is
required by subsection (a) of this section to
collect information, a fee established by the
Attorney General under paragraph (4) at a
time prior to the alien being classified under
subparagraph (F), (J), or (M) of section
1101(a)(15) of this title.
(2) Remittance
The fees collected under paragraph (1) shall
be remitted by the alien pursuant to a schedule established by the Attorney General for
immediate deposit and availability as described under section 1356(m) of this title.
(3) Aliens described
An alien referred to in paragraph (1) is an
alien who seeks nonimmigrant status under
subparagraph (F), (J), or (M) of section
1101(a)(15) of this title (other than a nonimmigrant under section 1101(a)(15)(J) of this
title who seeks to come to the United States
as a participant in a program sponsored by the
Federal Government).
(4) Amount and use of fees
(A) Establishment of amount
The Attorney General shall establish the
amount of the fee to be imposed on, and collected from, an alien under paragraph (1).
Except as provided in subsection (g)(2) of
this section, the fee imposed on any individ-

§ 1372

TITLE 8—ALIENS AND NATIONALITY

ual may not exceed $100, except that, in the
case of an alien admitted under section
1101(a)(15)(J) of this title as an au pair, camp
counselor, or participant in a summer work
travel program, the fee shall not exceed $40,
except that, in the case of an alien admitted
under section 1101(a)(15)(J) of this title as an
au pair, camp counselor, or participant in a
summer work travel program, the fee shall
not exceed $35.3 The amount of the fee shall
be based on the Attorney General’s estimate
of the cost per alien of conducting the information collection program described in this
section.
(B) Use
Fees collected under paragraph (1) shall be
deposited as offsetting receipts into the Immigration Examinations Fee Account (established under section 1356(m) of this title)
and shall remain available until expended
for the Attorney General to reimburse any
appropriation the amount paid out of which
is for expenses in carrying out this section.
Such expenses include, but are not necessarily limited to, those incurred by the
Secretary of State in connection with the
program under subsection (a) of this section.
(5) Proof of payment
The alien shall present proof of payment of
the fee before the granting of—
(A) a visa under section 1202 of this title
or, in the case of an alien who is exempt
from the visa requirement described in section 1182(d)(4) of this title, admission to the
United States; or
(B) change of nonimmigrant classification
under section 1258 of this title to a classification described in paragraph (3).
(6) Implementation
The provisions of section 553 of title 5 (relating to rule-making) shall not apply to the extent the Attorney General determines necessary to ensure the expeditious, initial implementation of this section.
(f) Joint report
Not later than 4 years after the commencement of the program established under subsection (a) of this section, the Attorney General,
the Secretary of State, and the Secretary of
Education shall jointly submit to the Committees on the Judiciary of the Senate and the
House of Representatives a report on the operations of the program and the feasibility of expanding the program to cover the nationals of
all countries.
(g) Worldwide applicability of program
(1) Expansion of program
Not later than 12 months after the submission of the report required by subsection (f) of
this section, the Attorney General, in consultation with the Secretary of State and the
Secretary of Education, shall commence expansion of the program to cover the nationals
of all countries.
(2) Revision of fee
After the program has been expanded, as
provided in paragraph (1), the Attorney Gen3 So

in original. See 2000 amendment notes below.

Page 408

eral may, on a periodic basis, revise the
amount of the fee imposed and collected under
subsection (e) of this section in order to take
into account changes in the cost of carrying
out the program.
(h) Definitions
As used in this section:
(1) Approved institution of higher education
The term ‘‘approved institution of higher
education’’ means a college or university approved by the Attorney General, in consultation with the Secretary of Education, under
subparagraph (F), (J), or (M) of section
1101(a)(15) of this title.
(2) Designated exchange visitor program
The term ‘‘designated exchange visitor program’’ means a program that has been—
(A) designated by the Secretary of State
for purposes of section 1101(a)(15)(J) of this
title; and
(B) selected by the Attorney General for
purposes of the program under this section.
(3) Other approved educational institution
The term ‘‘other approved educational institution’’ includes any air flight school, language training school, or vocational school,
approved by the Attorney General, in consultation with the Secretary of Education and
the Secretary of State, under subparagraph
(F), (J), or (M) of section 1101(a)(15) of this
title.
(Pub. L. 104–208, div. C, title VI, § 641, Sept. 30,
1996, 110 Stat. 3009–704; Pub. L. 106–396, title IV,
§§ 404–406, Oct. 30, 2000, 114 Stat. 1649, 1650; Pub.
L. 106–553, § 1(a)(2) [title I, § 110], Dec. 21, 2000, 114
Stat. 2762, 2762A–68; Pub. L. 107–56, title IV,
§ 416(c), Oct. 26, 2001, 115 Stat. 354; Pub. L.
107–173, title V, § 501(a), May 14, 2002, 116 Stat.
560.)
REFERENCES IN TEXT
The Family Educational Rights and Privacy Act of
1974, referred to in subsec. (c)(2), is section 513 of Pub.
L. 93–380, title V, Aug. 21, 1974, 88 Stat. 571, which enacted section 1232g of Title 20, Education, and provisions set out as notes under sections 1221 and 1232g of
Title 20. For complete classification of this Act to the
Code, see Short Title of 1974 Amendment note set out
under section 1221 of Title 20 and Tables.
CODIFICATION
Section was enacted as part of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996,
and also as part of the Omnibus Consolidated Appropriations Act, 1997, and not as part of the Immigration
and Nationality Act which comprises this chapter.
AMENDMENTS
2002—Subsec. (a)(3), (4). Pub. L. 107–173, § 501(a)(1),
added pars. (3) and (4).
Subsec. (c)(1)(E) to (H). Pub. L. 107–173, § 501(a)(2),
added subpars. (E) to (H).
Subsec. (c)(5). Pub. L. 107–173, § 501(a)(3), added par.
(5).
2001—Subsec. (a)(1). Pub. L. 107–56, § 416(c)(1), inserted
‘‘, other approved educational institutions,’’ after
‘‘higher education’’ in introductory provisions.
Subsec. (c)(1)(C), (D). Pub. L. 107–56, § 416(c)(2), inserted ‘‘, or other approved educational institution,’’
after ‘‘higher education’’.
Subsec. (c)(4)(A). Pub. L. 107–56, § 416(c)(1), inserted
‘‘, other approved educational institutions,’’ after
‘‘higher education’’.

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TITLE 8—ALIENS AND NATIONALITY

Subsec. (d)(1). Pub. L. 107–56, § 416(c)(1), inserted
‘‘, other approved educational institutions,’’ after
‘‘higher education’’ in introductory provisions.
Subsec. (d)(1)(A). Pub. L. 107–56, § 416(c)(2), inserted
‘‘, or other approved educational institution,’’ after
‘‘higher education’’.
Subsec. (d)(2). Pub. L. 107–56, § 416(c)(3), inserted
‘‘, other approved educational institution,’’ after
‘‘higher education’’.
Subsec. (e)(1), (2). Pub. L. 107–56, § 416(c)(3), which directed insertion of ‘‘, other approved educational institution,’’ after ‘‘higher education’’ in pars. (1) and (2),
could not be executed because the words ‘‘higher education’’ did not appear. See 2000 Amendment notes
below.
Subsec. (h)(3). Pub. L. 107–56, § 416(c)(4), added par. (3).
2000—Subsec. (d)(1). Pub. L. 106–396, § 406(2), inserted
‘‘institutions of higher education or exchange visitor
programs’’ after ‘‘by’’ in introductory provisions.
Subsec. (e)(1). Pub. L. 106–396, § 404(1), in introductory
provisions, substituted ‘‘the Attorney General’’ for ‘‘an
approved institution of higher education and a designated exchange visitor program’’ and ‘‘a time prior to
the alien being classified under subparagraph (F), (J),
or (M) of section 1101(a)(15) of this title.’’ for ‘‘the
time—
‘‘(A) when the alien first registers with the institution or program after entering the United States; or
‘‘(B) in a case where a registration under subparagraph (A) does not exist, when the alien first commences activities in the United States with the institution or program.’’
Subsec. (e)(2). Pub. L. 106–396, § 404(2), amended heading and text of par. (2) generally. Prior to amendment,
text read as follows: ‘‘An approved institution of higher
education and a designated exchange visitor program
shall remit the fees collected under paragraph (1) to the
Attorney General pursuant to a schedule established by
the Attorney General.’’
Subsec. (e)(3). Pub. L. 106–396, § 404(3), substituted
‘‘alien who seeks’’ for ‘‘alien who has’’ and ‘‘who seeks
to come’’ for ‘‘who has come’’.
Subsec. (e)(4)(A). Pub. L. 106–553 inserted before period at end of second sentence ‘‘, except that, in the
case of an alien admitted under section 1101(a)(15)(J) of
this title as an au pair, camp counselor, or participant
in a summer work travel program, the fee shall not exceed $35’’ without reference to amendment made by
Pub. L. 106–396, § 404(4)(A). See below.
Pub. L. 106–396, § 404(4)(A), inserted before period at
end of second sentence ‘‘, except that, in the case of an
alien admitted under section 1101(a)(15)(J) of this title
as an au pair, camp counselor, or participant in a summer work travel program, the fee shall not exceed $40’’.
See amendment note above.
Subsec. (e)(4)(B). Pub. L. 106–396, § 404(4)(B), inserted
at end ‘‘Such expenses include, but are not necessarily
limited to, those incurred by the Secretary of State in
connection with the program under subsection (a) of
this section.’’
Subsec. (e)(5), (6). Pub. L. 106–396, § 404(5), added pars.
(5) and (6).
Subsec. (g)(1). Pub. L. 106–396, § 405, amended heading
and text of par. (1) generally. Prior to amendment, text
read as follows:
‘‘(A) IN GENERAL.—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 Secretary of State and the Secretary of Education, shall commence expansion of the program to
cover the nationals of all countries.
‘‘(B) DEADLINE.—Such expansion shall be completed
not later than 1 year after the date of the submission
of the report referred to in subsection (f) of this section.’’
Subsec. (h)(2)(A). Pub. L. 106–396, § 406(1), substituted
‘‘Secretary of State’’ for ‘‘Director of the United States
Information Agency’’.

§ 1373

ABOLITION OF IMMIGRATION AND NATURALIZATION
SERVICE AND TRANSFER OF FUNCTIONS
For abolition of Immigration and Naturalization
Service, transfer of functions, and treatment of related
references, see note set out under section 1551 of this
title.
FOREIGN STUDENT MONITORING PROGRAM
Pub. L. 107–56, title IV, § 416(a), (b), Oct. 26, 2001, 115
Stat. 354, provided that:
‘‘(a) FULL IMPLEMENTATION AND EXPANSION OF FOREIGN STUDENT VISA MONITORING PROGRAM REQUIRED.—
The Attorney General, in consultation with the Secretary of State, shall fully implement and expand the
program established by section 641(a) of the Illegal Immigration Reform and Immigrant Responsibility Act of
1996 (8 U.S.C. 1372(a)).
‘‘(b) INTEGRATION WITH PORT OF ENTRY INFORMATION.—For each alien with respect to whom information is collected under section 641 of the Illegal Immigration Reform and Immigrant Responsibility Act of
1996 (8 U.S.C. 1372), the Attorney General, in consultation with the Secretary of State, shall include information on the date of entry and port of entry.’’

§ 1373. Communication between government
agencies and the Immigration and Naturalization Service
(a) In general
Notwithstanding any other provision of Federal, State, or local law, a Federal, State, or
local government entity or official may not prohibit, or in any way restrict, any government
entity or official from sending to, or receiving
from, the Immigration and Naturalization Service information regarding the citizenship or immigration status, lawful or unlawful, of any individual.
(b) Additional authority of government entities
Notwithstanding any other provision of Federal, State, or local law, no person or agency
may prohibit, or in any way restrict, a Federal,
State, or local government entity from doing
any of the following with respect to information
regarding the immigration status, lawful or unlawful, of any individual:
(1) Sending such information to, or requesting or receiving such information from, the
Immigration and Naturalization Service.
(2) Maintaining such information.
(3) Exchanging such information with any
other Federal, State, or local government entity.
(c) Obligation to respond to inquiries
The Immigration and Naturalization Service
shall respond to an inquiry by a Federal, State,
or local government agency, seeking to verify or
ascertain the citizenship or immigration status
of any individual within the jurisdiction of the
agency for any purpose authorized by law, by
providing the requested verification or status
information.
(Pub. L. 104–208, div. C, title VI, § 642, Sept. 30,
1996, 110 Stat. 3009–707.)
CODIFICATION
Section was enacted as part of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996,
and also as part of the Omnibus Consolidated Appropriations Act, 1997, and not as part of the Immigration
and Nationality Act which comprises this chapter.