8 Usc 1103

Page 63

TITLE 8—ALIENS AND NATIONALITY

Dec. 12, 1991, 105 Stat. 1756; Pub. L. 104–208, div.
C, title III, § 308(d)(4)(B), Sept. 30, 1996, 110 Stat.
3009–617.)
REFERENCES IN TEXT
This chapter, referred to in introductory provisions,
was in the original, ‘‘this Act’’, meaning act June 27,
1952, ch. 477, 66 Stat. 163, known as the Immigration and
Nationality Act, which is classified principally to this
chapter. For complete classification of this Act to the
Code, see Short Title note set out under section 1101 of
this title and Tables.
AMENDMENTS
1996—Pub. L. 104–208 substituted ‘‘removal’’ for ‘‘exclusion or deportation’’ in introductory provisions.
1991—Pars. (1) to (3). Pub. L. 102–232 substituted ‘‘subparagraphs (A) through (C) of section 1182(a)(3) of this
title’’ for ‘‘paragraph (3) (other than subparagraph (E))
of section 1182(a) of this title’’.
1990—Pars. (1) to (3). Pub. L. 101–649 substituted ‘‘(3)
(other than subparagraph (E))’’ for ‘‘(27)’’ in pars. (1)
and (2), and ‘‘paragraph (3) (other than subparagraph
(E))’’ for ‘‘paragraphs (27) and (29)’’ in par. (3).
1988—Par. (2). Pub. L. 100–525 substituted ‘‘documentation’’ for ‘‘documentaion’’.
EFFECTIVE DATE OF 1996 AMENDMENT
Amendment by Pub. L. 104–208 effective, with certain
transitional provisions, on the first day of the first
month beginning more than 180 days after Sept. 30,
1996, see section 309 of Pub. L. 104–208, set out as a note
under section 1101 of this title.
EFFECTIVE DATE OF 1991 AMENDMENT
Amendment by Pub. L. 102–232 effective as if included
in the enactment of the Immigration Act of 1990, Pub.
L. 101–649, see section 310(1) of Pub. L. 102–232, set out
as a note under section 1101 of this title.
EFFECTIVE DATE OF 1990 AMENDMENT
Amendment by Pub. L. 101–649 applicable to individuals entering United States on or after June 1, 1991, see
section 601(e)(1) of Pub. L. 101–649, set out as a note
under section 1101 of this title.
DENIAL OF VISAS TO CERTAIN REPRESENTATIVES TO
UNITED NATIONS
Pub. L. 101–246, title IV, § 407, Feb. 16, 1990, 104 Stat.
67, as amended by Pub. L. 113–100, § 1, Apr. 18, 2014, 128
Stat. 1145, provided that:
‘‘(a) IN GENERAL.—The President shall use his authority, including the authorities contained in section 6 of
the United Nations Headquarters Agreement Act (Public Law 80–357) [Aug. 4, 1947, ch. 482, set out as a note
under 22 U.S.C. 287], to deny any individual’s admission
to the United States as a representative to the United
Nations if the President determines that such individual—
‘‘(1) has been found to have been engaged in espionage activities or a terrorist activity (as defined in
section 212(a)(3)(B)(iii) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(3)(B)(iii))) directed
against the United States or its allies; and
‘‘(2) may pose a threat to United States national security interests.
‘‘(b) WAIVER.—The President may waive the provisions of subsection (a) if the President determines, and
so notifies the Congress, that such a waiver is in the
national security interests of the United States.’’

§ 1103. Powers and duties of the Secretary, the
Under Secretary, and the Attorney General
(a) Secretary of Homeland Security
(1) The Secretary of Homeland Security shall
be charged with the administration and enforce-

§ 1103

ment of this chapter and all other laws relating
to the immigration and naturalization of aliens,
except insofar as this chapter or such laws relate to the powers, functions, and duties conferred upon the President, Attorney General, the
Secretary of State, the officers of the Department of State, or diplomatic or consular officers: Provided, however, That determination and
ruling by the Attorney General with respect to
all questions of law shall be controlling.
(2) He shall have control, direction, and supervision of all employees and of all the files and
records of the Service.
(3) He shall establish such regulations; prescribe such forms of bond, reports, entries, and
other papers; issue such instructions; and perform such other acts as he deems necessary for
carrying out his authority under the provisions
of this chapter.
(4) He may require or authorize any employee
of the Service or the Department of Justice to
perform or exercise any of the powers, privileges, or duties conferred or imposed by this
chapter or regulations issued thereunder upon
any other employee of the Service.
(5) He shall have the power and duty to control
and guard the boundaries and borders of the
United States against the illegal entry of aliens
and shall, in his discretion, appoint for that purpose such number of employees of the Service as
to him shall appear necessary and proper.
(6) He is authorized to confer or impose upon
any employee of the United States, with the
consent of the head of the Department or other
independent establishment under whose jurisdiction the employee is serving, any of the powers,
privileges, or duties conferred or imposed by
this chapter or regulations issued thereunder
upon officers or employees of the Service.
(7) He may, with the concurrence of the Secretary of State, establish offices of the Service
in foreign countries; and, after consultation
with the Secretary of State, he may, whenever
in his judgment such action may be necessary to
accomplish the purposes of this chapter, detail
employees of the Service for duty in foreign
countries.
(8) 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 for the
purpose of ensuring that persons traveling from
or through the United States to that foreign
country comply with that country’s immigration and related laws.
(9) Those officers may exercise such authority
and perform such duties as United States immigration officers are authorized to exercise and
perform in that foreign country under reciprocal
agreement, and they shall enjoy such reasonable
privileges and immunities necessary for the performance of their duties as the government of
their country extends to United States immigration officers.
(10) In the event the Attorney General determines 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

§ 1103

TITLE 8—ALIENS AND NATIONALITY

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 chapter or regulations issued
thereunder upon officers or employees of the
Service.
(11) The Attorney General, in support of persons in administrative detention in non-Federal
institutions, is authorized—
(A) to make payments from funds appropriated for the administration and enforcement of the laws relating to immigration, naturalization, and alien registration for necessary clothing, medical care, necessary guard
hire, and the housing, care, and security of
persons detained by the Service pursuant to
Federal law under an agreement with a State
or political subdivision of a State; and
(B) to enter into a cooperative agreement
with any State, territory, or political subdivision thereof, 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 persons detained by the Service.
(b) Land acquisition authority
(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 deems the land essential to control and
guard the boundaries and borders of the United
States against any violation of this chapter.
(2) The Attorney General may contract for or
buy any interest in land identified pursuant to
paragraph (1) 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 pursuant to paragraph (1) are unable to agree upon a reasonable
price, the Attorney General may commence condemnation proceedings pursuant to section 3113
of title 40.
(4) The Attorney General may accept for the
United States a gift of any interest in land identified pursuant to paragraph (1).
(c) Commissioner; appointment
The Commissioner shall be a citizen of the
United States and shall be appointed by the
President, by and with the advice and consent of
the Senate. He shall be charged with any and all
responsibilities and authority in the administration of the Service and of this chapter which are
conferred upon the Attorney General as may be
delegated to him by the Attorney General or
which may be prescribed by the Attorney General. The Commissioner may enter into cooperative agreements with State and local law enforcement agencies for the purpose of assisting
in the enforcement of the immigration laws.
(d) Statistical information system
(1) The Commissioner, in consultation with interested academicians, government agencies,
and other parties, shall provide for a system for
collection and dissemination, to Congress and

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the public, of information (not in individually
identifiable form) useful in evaluating the social, economic, environmental, and demographic
impact of immigration laws.
(2) Such information shall include information
on the alien population in the United States, on
the rates of naturalization and emigration of
resident aliens, on aliens who have been admitted, paroled, or granted asylum, on nonimmigrants in the United States (by occupation,
basis for admission, and duration of stay), on
aliens who have not been admitted or have been
removed from the United States, on the number
of applications filed and granted for cancellation of removal, and on the number of aliens estimated to be present unlawfully in the United
States in each fiscal year.
(3) Such system shall provide for the collection and dissemination of such information not
less often than annually.
(e) Annual report
(1) The Commissioner shall submit to Congress
annually a report which contains a summary of
the information collected under subsection (d)
and an analysis of trends in immigration and
naturalization.
(2) Each annual report shall include information on the number, and rate of denial administratively, of applications for naturalization, for
each district office of the Service and by national origin group.
(f) Minimum number of agents in States
The Attorney General shall allocate to each
State not fewer than 10 full-time active duty
agents of the Immigration and Naturalization
Service to carry out the functions of the Service, in order to ensure the effective enforcement
of this chapter.
(g) Attorney General
(1) In general
The Attorney General shall have such authorities and functions under this chapter and
all other laws relating to the immigration and
naturalization of aliens as were exercised by
the Executive Office for Immigration Review,
or by the Attorney General with respect to the
Executive Office for Immigration Review, on
the day before the effective date of the Immigration Reform, Accountability and Security
Enhancement Act of 2002.
(2) Powers
The Attorney General shall establish such
regulations, prescribe such forms of bond, reports, entries, and other papers, issue such instructions, review such administrative determinations in immigration proceedings, delegate such authority, and perform such other
acts as the Attorney General determines to be
necessary for carrying out this section.
(June 27, 1952, ch. 477, title I, § 103, 66 Stat. 173;
Pub. L. 100–525, § 9(c), Oct. 24, 1988, 102 Stat. 2619;
Pub. L. 101–649, title I, § 142, Nov. 29, 1990, 104
Stat. 5004; Pub. L. 104–208, div. C, title I, §§ 102(d),
125, 134(a), title III, §§ 308(d)(4)(C), (e)(4), 372, 373,
Sept. 30, 1996, 110 Stat. 3009–555, 3009–562,
3009–564, 3009–618, 3009–620, 3009–646, 3009–647; Pub.
L. 107–296, title XI, § 1102, Nov. 25, 2002, 116 Stat.
2273; Pub. L. 108–7, div. L, § 105(a)(1), (2), Feb. 20,

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TITLE 8—ALIENS AND NATIONALITY

2003, 117 Stat. 531; Pub. L. 108–458, title V,
§ 5505(a), Dec. 17, 2004, 118 Stat. 3741; Pub. L.
111–122, § 2(a), Dec. 22, 2009, 123 Stat. 3480.)
REFERENCES IN TEXT
This chapter, referred to in text, was in the original,
‘‘this Act’’, meaning act June 27, 1952, ch. 477, 66 Stat.
163, known as the Immigration and Nationality Act,
which is classified principally to this chapter. For complete classification of this Act to the Code, see Short
Title note set out under section 1101 of this title and
Tables.
The Immigration Reform, Accountability and Security Enhancement Act of 2002, referred to in subsec.
(g)(1), was S. 2444 of the 107th Congress, as introduced
on May 2, 2002, which was not enacted into law. Provisions relating to the Executive Office for Immigration
Review are contained in section 521 of Title 6, Domestic
Security.
CODIFICATION
‘‘Section 3113 of title 40’’ substituted in subsec. (b)(3)
for ‘‘the Act of August 1, 1888 (Chapter 728; 25 Stat.
357)’’ on authority of Pub. L. 107–217, § 5(c), Aug. 21, 2002,
116 Stat. 1303, the first section of which enacted Title
40, Public Buildings, Property, and Works.
AMENDMENTS
2009—Subsec. (h). Pub. L. 111–122 struck out subsec.
(h), which directed the Attorney General to establish
within the Criminal Division of the Department of Justice an Office of Special Investigations and to consult
with the Secretary of Homeland Security concerning
the prosecution or extradition of certain aliens.
2004—Subsec. (h). Pub. L. 108–458 added subsec. (h).
2003—Subsec. (a). Pub. L. 108–7, § 105(a)(1), amended
Pub. L. 107–296, § 1102(2). See 2002 Amendment notes
below.
Pub. L. 108–7, § 105(a)(2), which directed the amendment of Pub. L. 107–296, was executed to section 1102(2)
of Pub. L. 107–296, to reflect the probable intent of Congress. See 2002 Amendment notes below.
2002—Pub. L. 107–296, § 1102(1), amended section catchline generally.
Subsec. (a). Pub. L. 107–296, § 1102(2)(A), as added by
Pub. L. 108–7, § 105(a)(1), which directed the substitution
of ‘‘Secretary of Homeland Security’’ for ‘‘Attorney
General’’ in heading, was executed by inserting ‘‘Secretary of Homeland Security’’ as heading, to reflect the
probable intent of Congress.
Subsec. (a)(1). Pub. L. 107–296, § 1102(2)(B), as added by
Pub. L. 108–7, § 105(a)(1), substituted ‘‘The Secretary of
Homeland Security’’ for ‘‘The Attorney General’’.
Pub. L. 107–296, § 1102(2)(C), formerly § 1102(2)(A), as redesignated by Pub. L. 108–7, § 105(a)(2), inserted ‘‘Attorney General,’’ after ‘‘President,’’. See 2003 Amendment
note above.
Subsec. (a)(8) to (11). Pub. L. 107–296, § 1102(2)(D), formerly § 1102(2)(B), as redesignated by Pub. L. 108–7,
§ 105(a)(2), redesignated par. (8), relating to Attorney
General authorization of State and local law enforcement officers in event of mass influx of aliens arriving,
and par. (9), relating to Attorney General authority to
support administrative detention of persons in nonFederal institutions, as pars. (10) and (11), respectively.
See 2003 Amendment note above.
Subsec. (g). Pub. L. 107–296, § 1102(3), added subsec. (g).
1996—Subsec. (a). Pub. L. 104–208, § 372(1), (2), inserted
‘‘(1)’’ before first sentence and designated each sentence after the first sentence, which included second
through ninth sentences, as a separate par. with appropriate consecutive numbering and initial indentation.
Pub. L. 104–208, § 125, inserted at end ‘‘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
for the purpose of ensuring that persons traveling from
or through the United States to that foreign country
comply with that country’s immigration and related

§ 1103

laws. Those officers may exercise such authority and
perform such duties as United States immigration officers are authorized to exercise and perform in that foreign country under reciprocal agreement, and they
shall enjoy such reasonable privileges and immunities
necessary for the performance of their duties as the
government of their country extends to United States
immigration officers.’’
Subsec. (a)(8). Pub. L. 104–208, § 372(3), added at end
par. (8) relating to Attorney General authorization of
State and local law enforcement officers in event of
mass influx of aliens arriving.
Subsec. (a)(9). Pub. L. 104–208, § 373(1), added at end
par. (9) relating to Attorney General authority to support administrative detention of persons in non-Federal institutions.
Subsec. (b). Pub. L. 104–208, § 102(d)(1)(B), added subsec. (b). Former subsec. (b) redesignated (c).
Subsec. (c). Pub. L. 104–208, § 373(2), inserted at end
‘‘The Commissioner may enter into cooperative agreements with State and local law enforcement agencies
for the purpose of assisting in the enforcement of the
immigration laws.’’
Pub. L. 104–208, § 102(d)(1)(A), redesignated subsec. (b)
as (c). Former subsec. (c) redesignated (d).
Subsec. (d). Pub. L. 104–208, § 102(d)(1)(A), redesignated
subsec. (c) as (d). Former subsec. (d) redesignated (e).
Subsec. (d)(2). Pub. L. 104–208, § 308(e)(4), which directed amendment of subsec. (c)(2) by substituting
‘‘cancellation of removal’’ for ‘‘suspension of deportation’’, was executed by making the substitution in subsec. (d)(2) to reflect the probable intent of Congress and
the redesignation of subsec. (c) as (d) by Pub. L. 104–208,
§ 102(d)(1)(A). See above.
Pub. L. 104–208, § 308(d)(4)(C), which directed amendment of subsec. (c)(2) by substituting ‘‘not been admitted or have been removed’’ for ‘‘been excluded or deported’’, was executed by making the substitution in
subsec. (d)(2) to reflect the probable intent of Congress
and the redesignation of subsec. (c) as (d) by Pub. L.
104–208, § 102(d)(1)(A). See above.
Subsec. (e). Pub. L. 104–208, § 102(d)(2), substituted
‘‘subsection (d)’’ for ‘‘subsection (c)’’ in par. (1).
Pub. L. 104–208, § 102(d)(1)(A), redesignated subsec. (d)
as (e).
Subsec. (f). Pub. L. 104–208, § 134(a), added subsec. (f).
1990—Subsecs. (c), (d). Pub. L. 101–649 added subsecs.
(c) and (d).
1988—Subsec. (a). Pub. L. 100–525, § 9(c)(1), substituted
‘‘instructions’’ for ‘‘intructions’’ and amended fourth
sentence generally. Prior to amendment, fourth sentence read as follows: ‘‘He is authorized, in accordance
with the civil-service laws and regulations and the
Classification Act of 1949, to appoint such employees of
the Service as he deems necessary, and to delegate to
them or to any officer or employee of the Department
of Justice in his discretion any of the duties and powers
imposed upon him in this chapter; he may require or
authorize any employee of the Service or the Department of Justice to perform or exercise any of the powers, privileges, or duties conferred or imposed by this
chapter or regulations issued thereunder upon any
other employee of the Service.’’
Subsec. (b). Pub. L. 100–525, § 9(c)(2), struck out provision that Commissioner was to receive compensation at
rate of $17,500 per annum.
EFFECTIVE DATE OF 2002 AMENDMENT
Amendment by Pub. L. 107–296 effective on the date of
the transfer of functions from the Commissioner of Immigration and Naturalization to officials of the Department of Homeland Security (Mar. 1, 2003), see section
1104 of Pub. L. 107–296, as added by Pub. L. 108–7, set out
as an Effective Date note under section 521 of Title 6,
Domestic Security.
EFFECTIVE DATE OF 1996 AMENDMENT
Pub. L. 104–208, div. C, title I, § 134(b), Sept. 30, 1996,
110 Stat. 3009–564, provided that: ‘‘The amendment

§ 1103

TITLE 8—ALIENS AND NATIONALITY

made by subsection (a) [amending this section] shall
take effect 90 days after the date of the enactment of
this Act [Sept. 30, 1996].’’
Amendment by section 308(d)(4)(C), (e)(4) of Pub. L.
104–208 effective, with certain transitional provisions,
on the first day of the first month beginning more than
180 days after Sept. 30, 1996, see section 309 of Pub. L.
104–208, set out as a note under section 1101 of this title.
EFFECTIVE DATE OF 1990 AMENDMENT
Amendment by Pub. L. 101–649 effective Oct. 1, 1991,
and applicable beginning with fiscal year 1992, see section 161(a) of Pub. L. 101–649, set out as a note under
section 1101 of this title.
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.
FINGERPRINT CARDS
Pub. L. 105–119, title I, Nov. 26, 1997, 111 Stat. 2448,
provided in part: ‘‘That beginning seven calendar days
after the enactment of this Act [Nov. 26, 1997] and for
each fiscal year thereafter, none of the funds appropriated or otherwise made available to the Immigration and Naturalization Service may be used by the Immigration and Naturalization Service to accept, for the
purpose of conducting criminal background checks on
applications for any benefit under the Immigration and
Nationality Act [8 U.S.C. 1101 et seq.], any FD–258 fingerprint card which has been prepared by or received
from any individual or entity other than an office of
the Immigration and Naturalization Service with the
following exceptions: (1) State and local law enforcement agencies; and (2) United States consular offices at
United States embassies and consulates abroad under
the jurisdiction of the Department of State or United
States military offices under the jurisdiction of the Department of Defense authorized to perform fingerprinting services to prepare FD–258 fingerprint cards for applicants residing abroad applying for immigration benefits’’.
IMPROVEMENT OF BARRIERS AT BORDER
Pub. L. 104–208, div. C, title I, § 102(a)–(c), Sept. 30,
1996, 110 Stat. 3009–554, 3009–555, as amended by Pub. L.
109–13, div. B, title I, § 102, May 11, 2005, 119 Stat. 306;
Pub. L. 109–367, § 3, Oct. 26, 2006, 120 Stat. 2638; Pub. L.
110–161, div. E, title V, § 564(a), Dec. 26, 2007, 121 Stat.
2090, provided that:
‘‘(a) IN GENERAL.—The Secretary of Homeland Security shall take such actions as may be 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.
‘‘(b) CONSTRUCTION OF FENCING AND ROAD IMPROVEMENTS ALONG THE BORDER.—
‘‘(1) ADDITIONAL FENCING ALONG SOUTHWEST BORDER.—
‘‘(A) REINFORCED FENCING.—In carrying out subsection (a), the Secretary of Homeland Security
shall construct reinforced fencing along not less
than 700 miles of the southwest border where fencing would be most practical and effective and provide for the installation of additional physical barriers, roads, lighting, cameras, and sensors to gain
operational control of the southwest border.
‘‘(B) PRIORITY AREAS.—In carrying out this section [amending this section], the Secretary of
Homeland Security shall—
‘‘(i) identify the 370 miles, or other mileage determined by the Secretary, whose authority to
determine other mileage shall expire on December 31, 2008, along the southwest border where

Page 66

fencing would be most practical and effective in
deterring smugglers and aliens attempting to
gain illegal entry into the United States; and
‘‘(ii) not later than December 31, 2008, complete
construction of reinforced fencing along the miles
identified under clause (i).
‘‘(C) CONSULTATION.—
‘‘(i) IN GENERAL.—In carrying out this section,
the Secretary of Homeland Security shall consult
with the Secretary of the Interior, the Secretary
of Agriculture, States, local governments, Indian
tribes, and property owners in the United States
to minimize the impact on the environment, culture, commerce, and quality of life for the communities and residents located near the sites at
which such fencing is to be constructed.
‘‘(ii) SAVINGS PROVISION.—Nothing in this subparagraph may be construed to—
‘‘(I) create or negate any right of action for a
State, local government, or other person or entity affected by this subsection; or
‘‘(II) affect the eminent domain laws of the
United States or of any State.
‘‘(D) LIMITATION ON REQUIREMENTS.—Notwithstanding subparagraph (A), nothing in this paragraph shall require the Secretary of Homeland Security to install fencing, physical barriers, roads,
lighting, cameras, and sensors in a particular location along an international border of the United
States, if the Secretary determines that the use or
placement of such resources is not the most appropriate means to achieve and maintain operational
control over the international border at such location.
‘‘(2) PROMPT ACQUISITION OF NECESSARY EASEMENTS.—The Attorney General, acting under the authority conferred in section 103(b) of the Immigration
and Nationality Act [8 U.S.C. 1103(b)] (as inserted by
subsection (d)), shall promptly acquire such easements as may be necessary to carry out this subsection and shall commence construction of fences
immediately following such acquisition (or conclusion of portions thereof).
‘‘(3) SAFETY FEATURES.—The Attorney General,
while constructing the additional fencing under this
subsection, shall incorporate such safety features
into the design of the fence system as are necessary
to ensure the well-being of border patrol agents deployed within or in near proximity to the system.
‘‘(4) AUTHORIZATION OF APPROPRIATIONS.—There are
authorized to be appropriated such sums as may be
necessary to carry out this subsection. Amounts appropriated under this paragraph are authorized to remain available until expended.
‘‘(c) WAIVER.—
‘‘(1) IN GENERAL.—Notwithstanding any other provision of law, the Secretary of Homeland Security shall
have the authority to waive all legal requirements
such Secretary, in such Secretary’s sole discretion,
determines necessary to ensure expeditious construction of the barriers and roads under this section
[amending this section]. Any such decision by the
Secretary shall be effective upon being published in
the Federal Register.
‘‘(2) FEDERAL COURT REVIEW.—
‘‘(A) IN GENERAL.—The district courts of the
United States shall have exclusive jurisdiction to
hear all causes or claims arising from any action
undertaken, or any decision made, by the Secretary
of Homeland Security pursuant to paragraph (1). A
cause of action or claim may only be brought alleging a violation of the Constitution of the United
States. The court shall not have jurisdiction to
hear any claim not specified in this subparagraph.
‘‘(B) TIME FOR FILING OF COMPLAINT.—Any cause
or claim brought pursuant to subparagraph (A)
shall be filed not later than 60 days after the date
of the action or decision made by the Secretary of
Homeland Security. A claim shall be barred unless
it is filed within the time specified.

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TITLE 8—ALIENS AND NATIONALITY

‘‘(C) ABILITY TO SEEK APPELLATE REVIEW.—An interlocutory or final judgment, decree, or order of
the district court may be reviewed only upon petition for a writ of certiorari to the Supreme Court
of the United States.’’
IMPROVED BORDER EQUIPMENT AND TECHNOLOGY
Pub. L. 104–208, div. C, title I, § 103, Sept. 30, 1996, 110
Stat. 3009–555, provided that: ‘‘The Attorney General is
authorized to acquire and use, for the purpose of detection, interdiction, and reduction of 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
any other agency of the Federal Government upon request of the Attorney General.’’
HIRING AND TRAINING STANDARDS
Pub. L. 104–208, div. C, title I, § 106(a), (b), Sept. 30,
1996, 110 Stat. 3009–556, provided that:
‘‘(a) REVIEW OF HIRING STANDARDS.—Not later than 60
days after the date of the enactment of this Act [Sept.
30, 1996], the Attorney General shall complete a review
of all prescreening and hiring standards used by the
Commissioner of Immigration and Naturalization, and,
where necessary, revise such standards to ensure that
they are consistent with relevant standards of professionalism.
‘‘(b) CERTIFICATION.—At the conclusion of each of fiscal years 1997, 1998, 1999, 2000, and 2001, the Attorney
General shall certify in writing to the Committees on
the Judiciary of the House of Representatives and of
the Senate that all personnel hired by the Commissioner of Immigration and Naturalization for such fiscal year were hired pursuant to the appropriate standards, as revised under subsection (a).’’
REPORT ON BORDER STRATEGY
Pub. L. 104–208, div. C, title I, § 107, Sept. 30, 1996, 110
Stat. 3009–557, provided that:
‘‘(a) EVALUATION OF STRATEGY.—The Comptroller
General of the United States shall track, monitor, and
evaluate the Attorney General’s strategy to deter illegal entry in the United States to determine the efficacy of such strategy.
‘‘(b) COOPERATION.—The Attorney General, the Secretary of State, and the Secretary of Defense shall cooperate with the Comptroller General of the United
States in carrying out subsection (a).
‘‘(c) REPORT.—Not later than one year after the date
of the enactment of this Act [Sept. 30, 1996], and every
year thereafter for the succeeding 5 years, the Comptroller General of the United States shall submit a report to the Committees on the Judiciary of the House
of Representatives and of the Senate on the results of
the activities undertaken under subsection (a) during
the previous year. Each such report shall include an
analysis of the degree to which the Attorney General’s
strategy has been effective in reducing illegal entry.
Each such report shall include a collection and systematic analysis of data, including workload indicators, related to activities to deter illegal entry and recommendations to improve and increase border security at
the border and ports of entry.’’
COMPENSATION FOR IMMIGRATION JUDGES
Pub. L. 104–208, div. C, title III, § 371(c), Sept. 30, 1996,
110 Stat. 3009–645, provided that:
‘‘(1) IN GENERAL.—There shall be four levels of pay for
immigration judges, under the Immigration Judge
Schedule (designated as IJ–1, 2, 3, and 4, respectively),
and each such judge shall be paid at one of those levels,
in accordance with the provisions of this subsection.
‘‘(2) RATES OF PAY.—
‘‘(A) The rates of basic pay for the levels established under paragraph (1) shall be as follows:
IJ–1 .............

70% of the next to highest rate of basic
pay for the Senior Executive Service

IJ–2 .............
IJ–3 .............
IJ–4 .............

§ 1103

80% of the next to highest rate of basic
pay for the Senior Executive Service
90% of the next to highest rate of basic
pay for the Senior Executive Service
92% of the next to highest rate of basic
pay for the Senior Executive Service.

‘‘(B) Locality pay, where applicable, shall be calculated into the basic pay for immigration judges.
‘‘(3) APPOINTMENT.—
‘‘(A) Upon appointment, an immigration judge shall
be paid at IJ–1, and shall be advanced to IJ–2 upon
completion of 104 weeks of service, to IJ–3 upon completion of 104 weeks of service in the next lower rate,
and to IJ–4 upon completion of 52 weeks of service in
the next lower rate.
‘‘(B) Notwithstanding subparagraph (A), the Attorney General may provide for appointment of an immigration judge at an advanced rate under such circumstances as the Attorney General may determine
appropriate.
‘‘(4) TRANSITION.—Immigration judges serving as of
the effective date shall be paid at the rate that corresponds to the amount of time, as provided under
paragraph (3)(A), that they have served as an immigration judge, and in no case shall be paid less after the effective date than the rate of pay prior to the effective
date.’’
[Pub. L. 104–208, div. C, title III, § 371(d)(2), Sept. 30,
1996, 110 Stat. 3009–646, provided that: ‘‘Subsection (c)
[set out above] shall take effect 90 days after the date
of the enactment of this Act [Sept. 30, 1996].’’]
MACHINE-READABLE DOCUMENT BORDER SECURITY
PROGRAM
Pub. L. 100–690, title IV, § 4604, Nov. 18, 1988, 102 Stat.
4289, which required Department of State, United
States Customs Service, and Immigration and Naturalization Service to develop a comprehensive machinereadable travel and identity document border security
program that would improve border entry and departure control through automated data capture of machine-readable travel and identity documents, directed
specified agencies and organizations to contribute law
enforcement data for the system, authorized appropriations for the program, and required continuing full implementation in fiscal years 1990, 1991, and 1992, by all
participating agencies, was repealed by Pub. L. 102–583,
§ 6(e)(1), Nov. 2, 1992, 106 Stat. 4933.
IMMIGRATION AND NATURALIZATION SERVICE PERSONNEL
ENHANCEMENT
Pub. L. 100–690, title VII, § 7350, Nov. 18, 1988, 102 Stat.
4473, provided that:
‘‘(a) PILOT PROGRAM REGARDING THE IDENTIFICATION
OF CERTAIN ALIENS.—
‘‘(1) Within 6 months after the effective date of this
subtitle [Nov. 18, 1988], the Attorney General shall establish, out of funds appropriated pursuant to subsection (c)(2), a pilot program in 4 cities to improve
the capabilities of the Immigration and Naturalization Service (hereinafter in this section referred to as
the ‘Service’) to respond to inquiries from Federal,
State, and local law enforcement authorities concerning aliens who have been arrested for or convicted of, or who are the subject of any criminal investigation relating to, a violation of any law relating to controlled substances (other than an aggravated felony as defined in section 101(a)(43) of the Immigration and Nationality Act [8 U.S.C. 1101(a)(43)],
as added by section 7342 of this subtitle).
‘‘(2) At the end of the 12-month period after the establishment of such pilot program, the Attorney General shall provide for an evaluation of its effectiveness, including an assessment by Federal, State, and
local prosecutors and law enforcement agencies. The
Attorney General shall submit a report containing
the conclusions of such evaluation to the Committees
on the Judiciary of the House of Representatives and
of the Senate within 60 days after the completion of
such evaluation.

§ 1103

TITLE 8—ALIENS AND NATIONALITY

‘‘(b) HIRING OF INVESTIGATIVE AGENTS.—
‘‘(1) Any investigative agent hired by the Attorney
General for purposes of this section shall be employed
exclusively to assist Federal, State, and local law enforcement agencies in combating drug trafficking and
crimes of violence by aliens.
‘‘(2) Any investigative agent hired under this section who is older than 35 years of age shall not be eligible for Federal retirement benefits made available
to individuals who perform hazardous law enforcement activities.’’
PILOT PROGRAM TO ESTABLISH OR IMPROVE COMPUTER
CAPABILITIES
Pub. L. 99–570, title I, § 1751(e), Oct. 27, 1986, 100 Stat.
3207–48, provided that:
‘‘(1) From the sums appropriated to carry out this
Act, the Attorney General, through the Investigative
Division of the Immigration and Naturalization Service, shall provide a pilot program in 4 cities to establish or improve the computer capabilities of the local
offices of the Service and of local law enforcement
agencies to respond to inquiries concerning aliens who
have been arrested or convicted for, or are the subject
to criminal investigation relating to, a violation of any
law relating to controlled substances. The Attorney
General shall select cities in a manner that provides
special consideration for cities located near the land
borders of the United States and for large cities which
have major concentrations of aliens. Some of the sums
made available under the pilot program shall be used to
increase the personnel level of the Investigative Division.
‘‘(2) At the end of the first year of the pilot program,
the Attorney General shall provide for an evaluation of
the effectiveness of the program and shall report to
Congress on such evaluation and on whether the pilot
program should be extended or expanded.’’
EMERGENCY PLANS FOR REGULATION OF NATIONALS OF
ENEMY COUNTRIES
Attorney General to develop national security emergency plans for regulation of immigration, regulation
of nationals of enemy countries, and plans to implement laws for control of persons entering or leaving the
United States, see section 1101(4) of Ex. Ord. No. 12656,
Nov. 18, 1988, 53 F.R. 47491, set out as a note under section 5195 of Title 42, The Public Health and Welfare.
EX. ORD. NO. 13404. TASK FORCE ON NEW AMERICANS
Ex. Ord. No. 13404, June 7, 2006, 71 F.R. 33593, provided:
By the authority vested in me as President by the
Constitution and the laws of the United States of
America, and in order to strengthen the efforts of the
Department of Homeland Security and Federal, State,
and local agencies to help legal immigrants embrace
the common core of American civic culture, learn our
common language, and fully become Americans, it is
hereby ordered as follows:
SECTION 1. Establishment. The Secretary of Homeland
Security (Secretary) shall immediately establish within the Department of Homeland Security (Department)
a Task Force on New Americans (Task Force).
SEC. 2. Membership and Operation. (a) The Task Force
shall be limited to the following members or employees
designated by them at no lower than the Assistant Secretary level or its equivalent:
(i) the Secretary of Homeland Security, who shall
serve as Chair;
(ii) the Secretary of State;
(iii) the Secretary of the Treasury;
(iv) the Secretary of Defense;
(v) the Attorney General;
(vi) the Secretary of Agriculture;
(vii) the Secretary of Commerce;
(viii) the Secretary of Labor;
(ix) the Secretary of Health and Human Services;
(x) the Secretary of Housing and Urban Development;
(xi) the Secretary of Education;

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(xii) such other officers or employees of the Department of Homeland Security as the Secretary may from
time to time designate; and
(xiii) such other officers of the United States as the
Secretary may designate from time to time, with the
concurrence of the respective heads of departments and
agencies concerned.
(b) The Secretary shall convene and preside at meetings of the Task Force, direct its work, and as appropriate, establish and direct subgroups of the Task
Force that shall consist exclusively of Task Force
members. The Secretary shall designate an official of
the Department to serve as the Executive Secretary of
the Task Force, and the Executive Secretary shall head
the staff assigned to the Task Force.
SEC. 3. Functions. Consistent with applicable law, the
Task Force shall:
(a) provide direction to executive departments and
agencies (agencies) concerning the integration into
American society of America’s legal immigrants, particularly through instruction in English, civics, and
history;
(b) promote public-private partnerships that will encourage businesses to offer English and civics education to workers;
(c) identify ways to expand English and civics instruction for legal immigrants, including through
faith-based, community, and other groups, and ways to
promote volunteer community service; and
(d) make recommendations to the President, through
the Secretary, from time to time regarding:
(i) actions to enhance cooperation among agencies on
the integration of legal immigrants into American society;
(ii) actions to enhance cooperation among Federal,
State, and local authorities responsible for the integration of legal immigrants;
(iii) changes in rules, regulations, or policy to improve the effective integration of legal immigrants into
American society; and
(iv) proposed legislation relating to the integration of
legal immigrants into American society.
SEC. 4. Administration. (a) To the extent permitted by
law, the Department shall provide the funding and administrative support the Task Force needs to implement this order, as determined by the Secretary.
(b) Nothing in this order shall be construed to impair
or otherwise affect:
(i) authority granted by law to an agency or the head
thereof; or
(ii) functions of the Director of the Office of Management and Budget relating to budget, administrative, or
legislative proposals.
(c) This order shall be implemented consistent with
applicable law and subject to the availability of appropriations.
(d) This order is intended to improve the internal
management of the Federal Government. This order is
not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or equity against the United States, its departments, agencies, entities, instrumentalities, officers, employees,
agents, or any other person.
GEORGE W. BUSH.
EX. ORD. NO. 13767. BORDER SECURITY AND IMMIGRATION
ENFORCEMENT IMPROVEMENTS
Ex. Ord. No. 13767, Jan. 25, 2017, 82 F.R. 8793, provided:
By the authority vested in me as President by the
Constitution and the laws of the United States of
America, including the Immigration and Nationality
Act (8 U.S.C. 1101 et seq.) (INA), the Secure Fence Act
of 2006 (Public Law 109–367) (Secure Fence Act), and the
Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (Public Law 104–208 Div. C) (IIRIRA),
and in order to ensure the safety and territorial integrity of the United States as well as to ensure that the
Nation’s immigration laws are faithfully executed, I
hereby order as follows:

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TITLE 8—ALIENS AND NATIONALITY

SECTION 1. Purpose. Border security is critically important to the national security of the United States.
Aliens who illegally enter the United States without
inspection or admission present a significant threat to
national security and public safety. Such aliens have
not been identified or inspected by Federal immigration officers to determine their admissibility to the
United States. The recent surge of illegal immigration
at the southern border with Mexico has placed a significant strain on Federal resources and overwhelmed
agencies charged with border security and immigration
enforcement, as well as the local communities into
which many of the aliens are placed.
Transnational criminal organizations operate sophisticated drug- and human-trafficking networks and
smuggling operations on both sides of the southern border, contributing to a significant increase in violent
crime and United States deaths from dangerous drugs.
Among those who illegally enter are those who seek to
harm Americans through acts of terror or criminal conduct. Continued illegal immigration presents a clear
and present danger to the interests of the United
States.
Federal immigration law both imposes the responsibility and provides the means for the Federal Government, in cooperation with border States, to secure the
Nation’s southern border. Although Federal immigration law provides a robust framework for Federal-State
partnership in enforcing our immigration laws—and
the Congress has authorized and provided appropriations to secure our borders—the Federal Government
has failed to discharge this basic sovereign responsibility. The purpose of this order is to direct executive departments and agencies (agencies) to deploy all lawful
means to secure the Nation’s southern border, to prevent further illegal immigration into the United
States, and to repatriate illegal aliens swiftly, consistently, and humanely.
SEC. 2. Policy. It is the policy of the executive branch
to:
(a) secure the southern border of the United States
through the immediate construction of a physical wall
on the southern border, monitored and supported by
adequate personnel so as to prevent illegal immigration, drug and human trafficking, and acts of terrorism;
(b) detain individuals apprehended on suspicion of
violating Federal or State law, including Federal immigration law, pending further proceedings regarding
those violations;
(c) expedite determinations of apprehended individuals’ claims of eligibility to remain in the United
States;
(d) remove promptly those individuals whose legal
claims to remain in the United States have been lawfully rejected, after any appropriate civil or criminal
sanctions have been imposed; and
(e) cooperate fully with States and local law enforcement in enacting Federal-State partnerships to enforce
Federal immigration priorities, as well as State monitoring and detention programs that are consistent
with Federal law and do not undermine Federal immigration priorities.
SEC. 3. Definitions. (a) ‘‘Asylum officer’’ has the meaning given the term in section 235(b)(1)(E) of the INA (8
U.S.C. 1225(b)(1)[E]).
(b) ‘‘Southern border’’ shall mean the contiguous
land border between the United States and Mexico, including all points of entry.
(c) ‘‘Border States’’ shall mean the States of the
United States immediately adjacent to the contiguous
land border between the United States and Mexico.
(d) Except as otherwise noted, ‘‘the Secretary’’ shall
refer to the Secretary of Homeland Security.
(e) ‘‘Wall’’ shall mean a contiguous, physical wall or
other similarly secure, contiguous, and impassable
physical barrier.
(f) ‘‘Executive department’’ shall have the meaning
given in section 101 of title 5, United States Code.
(g) ‘‘Regulations’’ shall mean any and all Federal
rules, regulations, and directives lawfully promulgated
by agencies.

§ 1103

(h) ‘‘Operational control’’ shall mean the prevention
of all unlawful entries into the United States, including
entries by terrorists, other unlawful aliens, instruments of terrorism, narcotics, and other contraband.
SEC. 4. Physical Security of the Southern Border of the
United States. The Secretary shall immediately take
the following steps to obtain complete operational control, as determined by the Secretary, of the southern
border:
(a) In accordance with existing law, including the Secure Fence Act and IIRIRA, take all appropriate steps
to immediately plan, design, and construct a physical
wall along the southern border, using appropriate materials and technology to most effectively achieve complete operational control of the southern border;
(b) Identify and, to the extent permitted by law, allocate all sources of Federal funds for the planning, designing, and constructing of a physical wall along the
southern border;
(c) Project and develop long-term funding requirements for the wall, including preparing Congressional
budget requests for the current and upcoming fiscal
years; and
(d) Produce a comprehensive study of the security of
the southern border, to be completed within 180 days of
this order, that shall include the current state of
southern border security, all geophysical and topographical aspects of the southern border, the availability of Federal and State resources necessary to achieve
complete operational control of the southern border,
and a strategy to obtain and maintain complete operational control of the southern border.
SEC. 5. Detention Facilities. (a) The Secretary shall
take all appropriate action and allocate all legally
available resources to immediately construct, operate,
control, or establish contracts to construct, operate, or
control facilities to detain aliens at or near the land
border with Mexico.
(b) The Secretary shall take all appropriate action
and allocate all legally available resources to immediately assign asylum officers to immigration detention facilities for the purpose of accepting asylum referrals and conducting credible fear determinations
pursuant to section 235(b)(1) of the INA (8 U.S.C.
1225(b)(1)) and applicable regulations and reasonable
fear determinations pursuant to applicable regulations.
(c) The Attorney General shall take all appropriate
action and allocate all legally available resources to
immediately assign immigration judges to immigration
detention facilities operated or controlled by the Secretary, or operated or controlled pursuant to contract
by the Secretary, for the purpose of conducting proceedings authorized under title 8, chapter 12, subchapter II, United States Code.
SEC. 6. Detention for Illegal Entry. The Secretary shall
immediately take all appropriate actions to ensure the
detention of aliens apprehended for violations of immigration law pending the outcome of their removal proceedings or their removal from the country to the extent permitted by law. The Secretary shall issue new
policy guidance to all Department of Homeland Security personnel regarding the appropriate and consistent
use of lawful detention authority under the INA, including the termination of the practice commonly
known as ‘‘catch and release,’’ whereby aliens are routinely released in the United States shortly after their
apprehension for violations of immigration law.
SEC. 7. Return to Territory. The Secretary shall take
appropriate action, consistent with the requirements of
section 1232 of title 8, United States Code, to ensure
that aliens described in section 235(b)(2)(C) of the INA
(8 U.S.C. 1225(b)(2)(C)) are returned to the territory
from which they came pending a formal removal proceeding.
SEC. 8. Additional Border Patrol Agents. Subject to
available appropriations, the Secretary, through the
Commissioner of U.S. Customs and Border Protection,
shall take all appropriate action to hire 5,000 additional
Border Patrol agents, and all appropriate action to ensure that such agents enter on duty and are assigned to
duty stations as soon as is practicable.

§ 1103

TITLE 8—ALIENS AND NATIONALITY

SEC. 9. Foreign Aid Reporting Requirements. The head of
each executive department and agency shall identify
and quantify all sources of direct and indirect Federal
aid or assistance to the Government of Mexico on an
annual basis over the past five years, including all bilateral and multilateral development aid, economic assistance, humanitarian aid, and military aid. Within 30
days of the date of this order, the head of each executive department and agency shall submit this information to the Secretary of State. Within 60 days of the
date of this order, the Secretary shall submit to the
President a consolidated report reflecting the levels of
such aid and assistance that has been provided annually, over each of the past five years.
SEC. 10. Federal-State Agreements. It is the policy of
the executive branch to empower State and local law
enforcement agencies across the country to perform
the functions of an immigration officer in the interior
of the United States to the maximum extent permitted
by law.
(a) In furtherance of this policy, the Secretary shall
immediately take appropriate action to engage with
the Governors of the States, as well as local officials,
for the purpose of preparing to enter into agreements
under section 287(g) of the INA (8 U.S.C. 1357(g)).
(b) To the extent permitted by law, and with the consent of State or local officials, as appropriate, the Secretary shall take appropriate action, through agreements under section 287(g) of the INA, or otherwise, to
authorize State and local law enforcement officials, as
the Secretary determines are qualified and appropriate,
to perform the functions of immigration officers in relation to the investigation, apprehension, or detention
of aliens in the United States under the direction and
the supervision of the Secretary. Such authorization
shall be in addition to, rather than in place of, Federal
performance of these duties.
(c) To the extent permitted by law, the Secretary
may structure each agreement under section 287(g) of
the INA in the manner that provides the most effective
model for enforcing Federal immigration laws and obtaining operational control over the border for that jurisdiction.
SEC. 11. Parole, Asylum, and Removal. It is the policy
of the executive branch to end the abuse of parole and
asylum provisions currently used to prevent the lawful
removal of removable aliens.
(a) The Secretary shall immediately take all appropriate action to ensure that the parole and asylum provisions of Federal immigration law are not illegally exploited to prevent the removal of otherwise removable
aliens.
(b) The Secretary shall take all appropriate action,
including by promulgating any appropriate regulations, to ensure that asylum referrals and credible fear
determinations pursuant to section 235(b)(1) of the INA
(8 U.S.C. 1125(b)(1)) and 8 CFR 208.30, and reasonable
fear determinations pursuant to 8 CFR 208.31, are conducted in a manner consistent with the plain language
of those provisions.
(c) Pursuant to section 235(b)(1)(A)(iii)(I) of the INA,
the Secretary shall take appropriate action to apply, in
his sole and unreviewable discretion, the provisions of
section 235(b)(1)(A)(i) and (ii) of the INA to the aliens
designated under section 235(b)(1)(A)(iii)(II).
(d) The Secretary shall take appropriate action to ensure that parole authority under section 212(d)(5) of the
INA (8 U.S.C. 1182(d)(5)) is exercised only on a case-bycase basis in accordance with the plain language of the
statute, and in all circumstances only when an individual demonstrates urgent humanitarian reasons or a significant public benefit derived from such parole.
(e) The Secretary shall take appropriate action to require that all Department of Homeland Security personnel are properly trained on the proper application of
section 235 of the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 (8 U.S.C.
1232) and section 462(g)(2) of the Homeland Security Act
of 2002 (6 U.S.C. 279(g)(2)), to ensure that unaccompanied alien children are properly processed, receive

Page 70

appropriate care and placement while in the custody of
the Department of Homeland Security, and, when appropriate, are safely repatriated in accordance with
law.
SEC. 12. Authorization to Enter Federal Lands. The Secretary, in conjunction with the Secretary of the Interior and any other heads of agencies as necessary, shall
take all appropriate action to:
(a) permit all officers and employees of the United
States, as well as all State and local officers as authorized by the Secretary, to have access to all Federal
lands as necessary and appropriate to implement this
order; and
(b) enable those officers and employees of the United
States, as well as all State and local officers as authorized by the Secretary, to perform such actions on Federal lands as the Secretary deems necessary and appropriate to implement this order.
SEC. 13. Priority Enforcement. The Attorney General
shall take all appropriate steps to establish prosecution guidelines and allocate appropriate resources to
ensure that Federal prosecutors accord a high priority
to prosecutions of offenses having a nexus to the southern border.
SEC. 14. Government Transparency. The Secretary
shall, on a monthly basis and in a publicly available
way, report statistical data on aliens apprehended at or
near the southern border using a uniform method of reporting by all Department of Homeland Security components, in a format that is easily understandable by
the public.
SEC. 15. Reporting. Except as otherwise provided in
this order, the Secretary, within 90 days of the date of
this order, and the Attorney General, within 180 days,
shall each submit to the President a report on the
progress of the directives contained in this order.
SEC. 16. Hiring. The Office of Personnel Management
shall take appropriate action as may be necessary to
facilitate hiring personnel to implement this order.
SEC. 17. General Provisions. (a) Nothing in this order
shall be construed to impair or otherwise affect:
(i) the authority granted by law to an executive department or agency, or the head thereof; or
(ii) the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals.
(b) This order shall be implemented consistent with
applicable law and subject to the availability of appropriations.
(c) This order is not intended to, and does not, create
any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the
United States, its departments, agencies, or entities,
its officers, employees, or agents, or any other person.
DONALD J. TRUMP.
EX. ORD. NO. 13768. ENHANCING PUBLIC SAFETY IN THE
INTERIOR OF THE UNITED STATES
Ex. Ord. No. 13768, Jan. 25, 2017, 82 F.R. 8799, provided:
By the authority vested in me as President by the
Constitution and the laws of the United States of
America, including the Immigration and Nationality
Act (INA) (8 U.S.C. 1101 et seq.), and in order to ensure
the public safety of the American people in communities across the United States as well as to ensure that
our Nation’s immigration laws are faithfully executed,
I hereby declare the policy of the executive branch to
be, and order, as follows:
SECTION 1. Purpose. Interior enforcement of our Nation’s immigration laws is critically important to the
national security and public safety of the United
States. Many aliens who illegally enter the United
States and those who overstay or otherwise violate the
terms of their visas present a significant threat to national security and public safety. This is particularly
so for aliens who engage in criminal conduct in the
United States.
Sanctuary jurisdictions across the United States
willfully violate Federal law in an attempt to shield

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TITLE 8—ALIENS AND NATIONALITY

aliens from removal from the United States. These jurisdictions have caused immeasurable harm to the
American people and to the very fabric of our Republic.
Tens of thousands of removable aliens have been released into communities across the country, solely because their home countries refuse to accept their repatriation. Many of these aliens are criminals who have
served time in our Federal, State, and local jails. The
presence of such individuals in the United States, and
the practices of foreign nations that refuse the repatriation of their nationals, are contrary to the national
interest.
Although Federal immigration law provides a framework for Federal-State partnerships in enforcing our
immigration laws to ensure the removal of aliens who
have no right to be in the United States, the Federal
Government has failed to discharge this basic sovereign
responsibility. We cannot faithfully execute the immigration laws of the United States if we exempt classes
or categories of removable aliens from potential enforcement. The purpose of this order is to direct executive departments and agencies (agencies) to employ all
lawful means to enforce the immigration laws of the
United States.
SEC. 2. Policy. It is the policy of the executive branch
to:
(a) Ensure the faithful execution of the immigration
laws of the United States, including the INA, against
all removable aliens, consistent with Article II, Section
3 of the United States Constitution and section 3331 of
title 5, United States Code;
(b) Make use of all available systems and resources to
ensure the efficient and faithful execution of the immigration laws of the United States;
(c) Ensure that jurisdictions that fail to comply with
applicable Federal law do not receive Federal funds, except as mandated by law;
(d) Ensure that aliens ordered removed from the
United States are promptly removed; and
(e) Support victims, and the families of victims, of
crimes committed by removable aliens.
SEC. 3. Definitions. The terms of this order, where applicable, shall have the meaning provided by section
1101 of title 8, United States Code.
SEC. 4. Enforcement of the Immigration Laws in the Interior of the United States. In furtherance of the policy described in section 2 of this order, I hereby direct agencies to employ all lawful means to ensure the faithful
execution of the immigration laws of the United States
against all removable aliens.
SEC. 5. Enforcement Priorities. In executing faithfully
the immigration laws of the United States, the Secretary of Homeland Security (Secretary) shall prioritize for removal those aliens described by the Congress
in sections 212(a)(2), (a)(3), and (a)(6)(C), 235, and
237(a)(2) and (4) of the INA (8 U.S.C. 1182(a)(2), (a)(3),
and (a)(6)(C), 1225, and 1227(a)(2) and (4)), as well as removable aliens who:
(a) Have been convicted of any criminal offense;
(b) Have been charged with any criminal offense,
where such charge has not been resolved;
(c) Have committed acts that constitute a chargeable
criminal offense;
(d) Have engaged in fraud or willful misrepresentation in connection with any official matter or application before a governmental agency;
(e) Have abused any program related to receipt of
public benefits;
(f) Are subject to a final order of removal, but who
have not complied with their legal obligation to depart
the United States; or
(g) In the judgment of an immigration officer, otherwise pose a risk to public safety or national security.
SEC. 6. Civil Fines and Penalties. As soon as practicable, and by no later than one year after the date of
this order, the Secretary shall issue guidance and promulgate regulations, where required by law, to ensure
the assessment and collection of all fines and penalties
that the Secretary is authorized under the law to assess
and collect from aliens unlawfully present in the

§ 1103

United States and from those who facilitate their presence in the United States.
SEC. 7. Additional Enforcement and Removal Officers.
The Secretary, through the Director of U.S. Immigration and Customs Enforcement, shall, to the extent
permitted by law and subject to the availability of appropriations, take all appropriate action to hire 10,000
additional immigration officers, who shall complete
relevant training and be authorized to perform the law
enforcement functions described in section 287 of the
INA (8 U.S.C. 1357).
SEC. 8. Federal-State Agreements. It is the policy of the
executive branch to empower State and local law enforcement agencies across the country to perform the
functions of an immigration officer in the interior of
the United States to the maximum extent permitted by
law.
(a) In furtherance of this policy, the Secretary shall
immediately take appropriate action to engage with
the Governors of the States, as well as local officials,
for the purpose of preparing to enter into agreements
under section 287(g) of the INA (8 U.S.C. 1357(g)).
(b) To the extent permitted by law and with the consent of State or local officials, as appropriate, the Secretary shall take appropriate action, through agreements under section 287(g) of the INA, or otherwise, to
authorize State and local law enforcement officials, as
the Secretary determines are qualified and appropriate,
to perform the functions of immigration officers in relation to the investigation, apprehension, or detention
of aliens in the United States under the direction and
the supervision of the Secretary. Such authorization
shall be in addition to, rather than in place of, Federal
performance of these duties.
(c) To the extent permitted by law, the Secretary
may structure each agreement under section 287(g) of
the INA in a manner that provides the most effective
model for enforcing Federal immigration laws for that
jurisdiction.
SEC. 9. Sanctuary Jurisdictions. It is the policy of the
executive branch to ensure, to the fullest extent of the
law, that a State, or a political subdivision of a State,
shall comply with 8 U.S.C. 1373.
(a) In furtherance of this policy, the Attorney General and the Secretary, in their discretion and to the
extent consistent with law, shall ensure that jurisdictions that willfully refuse to comply with 8 U.S.C. 1373
(sanctuary jurisdictions) are not eligible to receive
Federal grants, except as deemed necessary for law enforcement purposes by the Attorney General or the
Secretary. The Secretary has the authority to designate, in his discretion and to the extent consistent
with law, a jurisdiction as a sanctuary jurisdiction.
The Attorney General shall take appropriate enforcement action against any entity that violates 8 U.S.C.
1373, or which has in effect a statute, policy, or practice
that prevents or hinders the enforcement of Federal
law.
(b) To better inform the public regarding the public
safety threats associated with sanctuary jurisdictions,
the Secretary shall utilize the Declined Detainer Outcome Report or its equivalent and, on a weekly basis,
make public a comprehensive list of criminal actions
committed by aliens and any jurisdiction that ignored
or otherwise failed to honor any detainers with respect
to such aliens.
(c) The Director of the Office of Management and
Budget is directed to obtain and provide relevant and
responsive information on all Federal grant money
that currently is received by any sanctuary jurisdiction.
SEC. 10. Review of Previous Immigration Actions and
Policies. (a) The Secretary shall immediately take all
appropriate action to terminate the Priority Enforcement Program (PEP) described in the memorandum issued by the Secretary on November 20, 2014, and to reinstitute the immigration program known as ‘‘Secure
Communities’’ referenced in that memorandum.
(b) The Secretary shall review agency regulations,
policies, and procedures for consistency with this order

§ 1103

TITLE 8—ALIENS AND NATIONALITY

and, if required, publish for notice and comment proposed regulations rescinding or revising any regulations inconsistent with this order and shall consider
whether to withdraw or modify any inconsistent policies and procedures, as appropriate and consistent with
the law.
(c) To protect our communities and better facilitate
the identification, detention, and removal of criminal
aliens within constitutional and statutory parameters,
the Secretary shall consolidate and revise any applicable forms to more effectively communicate with recipient law enforcement agencies.
SEC. 11. Department of Justice Prosecutions of Immigration Violators. The Attorney General and the Secretary
shall work together to develop and implement a program that ensures that adequate resources are devoted
to the prosecution of criminal immigration offenses in
the United States, and to develop cooperative strategies to reduce violent crime and the reach of transnational criminal organizations into the United States.
SEC. 12. Recalcitrant Countries. The Secretary of
Homeland Security and the Secretary of State shall cooperate to effectively implement the sanctions provided by section 243(d) of the INA (8 U.S.C. 1253(d)), as
appropriate. The Secretary of State shall, to the maximum extent permitted by law, ensure that diplomatic
efforts and negotiations with foreign states include as
a condition precedent the acceptance by those foreign
states of their nationals who are subject to removal
from the United States.
SEC. 13. Office for Victims of Crimes Committed by Removable Aliens. The Secretary shall direct the Director
of U.S. Immigration and Customs Enforcement to take
all appropriate and lawful action to establish within
U.S. Immigration and Customs Enforcement an office
to provide proactive, timely, adequate, and professional
services to victims of crimes committed by removable
aliens and the family members of such victims. This office shall provide quarterly reports studying the effects
of the victimization by criminal aliens present in the
United States.
SEC. 14. Privacy Act. Agencies shall, to the extent consistent with applicable law, ensure that their privacy
policies exclude persons who are not United States citizens or lawful permanent residents from the protections of the Privacy Act regarding personally identifiable information.
SEC. 15. Reporting. Except as otherwise provided in
this order, the Secretary and the Attorney General
shall each submit to the President a report on the
progress of the directives contained in this order within
90 days of the date of this order and again within 180
days of the date of this order.
SEC. 16. Transparency. To promote the transparency
and situational awareness of criminal aliens in the
United States, the Secretary and the Attorney General
are hereby directed to collect relevant data and provide
quarterly reports on the following:
(a) the immigration status of all aliens incarcerated
under the supervision of the Federal Bureau of Prisons;
(b) the immigration status of all aliens incarcerated
as Federal pretrial detainees under the supervision of
the United States Marshals Service; and
(c) the immigration status of all convicted aliens incarcerated in State prisons and local detention centers
throughout the United States.
SEC. 17. Personnel Actions. The Office of Personnel
Management shall take appropriate and lawful action
to facilitate hiring personnel to implement this order.
SEC. 18. General Provisions. (a) Nothing in this order
shall be construed to impair or otherwise affect:
(i) the authority granted by law to an executive department or agency, or the head thereof; or
(ii) the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals.
(b) This order shall be implemented consistent with
applicable law and subject to the availability of appropriations.
(c) This order is not intended to, and does not, create
any right or benefit, substantive or procedural, enforce-

Page 72

able at law or in equity by any party against the
United States, its departments, agencies, or entities,
its officers, employees, or agents, or any other person.
DONALD J. TRUMP.
EX. ORD. NO. 13841. AFFORDING CONGRESS AN
OPPORTUNITY TO ADDRESS FAMILY SEPARATION
Ex. Ord. No. 13841, June 20, 2018, 83 F.R. 29435, provided:
By the authority vested in me as President by the
Constitution and the laws of the United States of
America, including the Immigration and Nationality
Act (INA), 8 U.S.C. 1101 et seq., it is hereby ordered as
follows:
SECTION 1. Policy. It is the policy of this Administration to rigorously enforce our immigration laws. Under
our laws, the only legal way for an alien to enter this
country is at a designated port of entry at an appropriate time. When an alien enters or attempts to enter
the country anywhere else, that alien has committed at
least the crime of improper entry and is subject to a
fine or imprisonment under section 1325(a) of title 8,
United States Code. This Administration will initiate
proceedings to enforce this and other criminal provisions of the INA until and unless Congress directs
otherwise. It is also the policy of this Administration
to maintain family unity, including by detaining alien
families together where appropriate and consistent
with law and available resources. It is unfortunate that
Congress’s failure to act and court orders have put the
Administration in the position of separating alien families to effectively enforce the law.
SEC. 2. Definitions. For purposes of this order, the following definitions apply:
(a) ‘‘Alien family’’ means
(i) any person not a citizen or national of the United
States who has not been admitted into, or is not authorized to enter or remain in, the United States, who
entered this country with an alien child or alien children at or between designated ports of entry and who
was detained; and
(ii) that person’s alien child or alien children.
(b) ‘‘Alien child’’ means any person not a citizen or
national of the United States who
(i) has not been admitted into, or is not authorized to
enter or remain in, the United States;
(ii) is under the age of 18; and
(iii) has a legal parent-child relationship to an alien
who entered the United States with the alien child at
or between designated ports of entry and who was detained.
SEC. 3. Temporary Detention Policy for Families Entering
this Country Illegally. (a) The Secretary of Homeland
Security (Secretary), shall, to the extent permitted by
law and subject to the availability of appropriations,
maintain custody of alien families during the pendency
of any criminal improper entry or immigration proceedings involving their members.
(b) The Secretary shall not, however, detain an alien
family together when there is a concern that detention
of an alien child with the child’s alien parent would
pose a risk to the child’s welfare.
(c) The Secretary of Defense shall take all legally
available measures to provide to the Secretary, upon
request, any existing facilities available for the housing and care of alien families, and shall construct such
facilities if necessary and consistent with law. The Secretary, to the extent permitted by law, shall be responsible for reimbursement for the use of these facilities.
(d) Heads of executive departments and agencies
shall, to the extent consistent with law, make available
to the Secretary, for the housing and care of alien families pending court proceedings for improper entry, any
facilities that are appropriate for such purposes. The
Secretary, to the extent permitted by law, shall be responsible for reimbursement for the use of these facilities.
(e) The Attorney General shall promptly file a request with the U.S. District Court for the Central Dis-

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TITLE 8—ALIENS AND NATIONALITY

trict of California to modify the Settlement Agreement
in Flores v. Sessions, CV 85–4544 (‘‘Flores settlement’’), in
a manner that would permit the Secretary, under
present resource constraints, to detain alien families
together throughout the pendency of criminal proceedings for improper entry or any removal or other immigration proceedings.
SEC. 4. Prioritization of Immigration Proceedings Involving Alien Families. The Attorney General shall, to the
extent practicable, prioritize the adjudication of cases
involving detained families.
SEC. 5. General Provisions. (a) Nothing in this order
shall be construed to impair or otherwise affect:
(i) the authority granted by law to an executive department or agency, or the head thereof; or
(ii) the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals.
(b) This order shall be implemented in a manner consistent with applicable law and subject to the availability of appropriations.
(c) This order is not intended to, and does not, create
any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the
United States, its departments, agencies, or entities,
its officers, employees, or agents, or any other person.
DONALD J. TRUMP.
CREATING WELCOMING COMMUNITIES AND FULLY
INTEGRATING IMMIGRANTS AND REFUGEES
Memorandum of President of the United States, Nov.
21, 2014, 79 F.R. 70765, provided:
Memorandum for the Heads of Executive Departments and Agencies
Our country has long been a beacon of hope and opportunity for people from around the world. Nearly 40
million foreign-born residents nationwide contribute to
their communities every day, including 3 million refugees who have resettled here since 1975. These new
Americans significantly improve our economy. They
make up 13 percent of the population, but are over 16
percent of the labor force and start 28 percent of all
new businesses. Moreover, immigrants or their children
have founded more than 40 percent of Fortune 500 companies, which collectively employ over 10 million people worldwide and generate annual revenues of $4.2 trillion.
By focusing on the civic, economic, and linguistic integration of new Americans, we can help immigrants
and refugees in the United States contribute fully to
our economy and their communities. Civic integration
provides new Americans with security in their rights
and liberties. Economic integration empowers immigrants to be self-sufficient and allows them to give
back to their communities and contribute to economic
growth. English language acquisition allows new Americans to attain employment or career advancement and
be more active civic participants.
Our success as a Nation of immigrants is rooted in
our ongoing commitment to welcoming and integrating
newcomers into the fabric of our country. It is important that we develop a Federal immigrant integration
strategy that is innovative and competitive with those
of other industrialized nations and supports mechanisms to ensure that our Nation’s diverse people are
contributing to society to their fullest potential.
Therefore, I am establishing a White House Task
Force on New Americans, an interagency effort to identify and support State and local efforts at integration
that are working and to consider how to expand and
replicate successful models. The Task Force, which will
engage with community, business, and faith leaders, as
well as State and local elected officials, will help determine additional steps the Federal Government can
take to ensure its programs and policies are serving diverse communities that include new Americans.
By the authority vested in me as President by the
Constitution and the laws of the United States of
America, I hereby order as follows:

§ 1103

SECTION 1. White House Task Force on New Americans.
(a) There is established a White House Task Force on
New Americans (Task Force) to develop a coordinated
Federal strategy to better integrate new Americans
into communities and support State and local efforts to
do the same. It shall be co-chaired by the Director of
the Domestic Policy Council and Secretary of Homeland Security, or their designees. In addition to the CoChairs, the Task Force shall consist of the following
members:
(i) the Secretary of State;
(ii) the Attorney General;
(iii) the Secretary of Agriculture;
(iv) the Secretary of Commerce;
(v) the Secretary of Labor;
(vi) the Secretary of Health and Human Services;
(vii) the Secretary of Housing and Urban Development;
(viii) the Secretary of Transportation;
(ix) the Secretary of Education;
(x) the Chief Executive Officer of the Corporation for
National and Community Service;
(xi) the Director of the Office of Management and
Budget;
(xii) the Administrator of the Small Business Administration;
(xiii) the Senior Advisor and Assistant to the President for Intergovernmental Affairs and Public Engagement;
(xiv) the Director of the National Economic Council;
(xv) the Assistant to the President for Homeland Security and Counterterrorism; and
(xvi) the Director of the Office of Science and Technology Policy.
(b) A member of the Task Force may designate a senior-level official who is from the member’s department,
agency, or office, and is a full-time officer or employee
of the Federal Government, to perform day-to-day Task
Force functions of the member. At the direction of the
Co-Chairs, the Task Force may establish subgroups
consisting exclusively of Task Force members or their
designees under this subsection, as appropriate.
(c) The Secretary of Homeland Security shall appoint
an Executive Director who will determine the Task
Force’s agenda, convene regular meetings of the Task
Force, and supervise work under the direction of the
Co-Chairs. The Department of Homeland Security shall
provide funding and administrative support for the
Task Force to the extent permitted by law and subject
to the availability of appropriations. Each executive
department or agency shall bear its own expenses for
participating in the Task Force.
SEC. 2. Mission and Function of the Task Force. (a) The
Task Force shall, consistent with applicable law, work
across executive departments and agencies to:
(i) review the policies and programs of all relevant
executive departments and agencies to ensure they are
responsive to the needs of new Americans and the receiving communities in which they reside, and identify
ways in which such programs can be used to increase
meaningful engagement between new Americans and
the receiving community;
(ii) identify and disseminate best practices at the
State and local level;
(iii) provide technical assistance, training, or other
support to existing Federal grantees to increase their
coordination and capacity to improve long-term integration and foster welcoming community climates;
(iv) collect and disseminate immigrant integration
data, policies, and programs that affect numerous executive departments and agencies, as well as State and
local governments and nongovernmental actors;
(v) conduct outreach to representatives of nonprofit
organizations, State and local government agencies,
elected officials, and other interested persons that can
assist with the Task Force’s development of recommendations;
(vi) work with Federal, State, and local entities to
measure and strengthen equitable access to services
and programs for new Americans, consistent with applicable law; and

§ 1104

TITLE 8—ALIENS AND NATIONALITY

(vii) share information with and communicate to the
American public regarding the benefits that result
from integrating new Americans into communities.
(b) Within 120 days of the date of this memorandum,
the Task Force shall develop and submit to the President an Integration Plan with recommendations for
agency actions to further the integration of new Americans. The Integration Plan shall include:
(i) an assessment by each Task Force member of the
status and scope of the efforts by the member’s department, agency, or office to further the civic, economic,
and linguistic integration of new Americans, including
a report on the status of any offices or programs that
have been created to develop, implement, or monitor
targeted initiatives concerning immigrant integration;
and
(ii) recommendations for issues, programs, or initiatives that should be further evaluated, studied, and implemented, as appropriate.
(c) The Task Force shall provide, within 1 year of the
date of this memorandum, a status report to the President regarding the implementation of this memorandum. The Task Force shall review and update the Integration Plan periodically, as appropriate, and shall
present to the President any updated recommendations
or findings.
SEC. 3. General Provisions. (a) Nothing in this memorandum shall be construed to impair or otherwise affect:
(i) the authority granted by law to an executive department, agency, or the head thereof; or
(ii) the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals.
(b) This memorandum shall be implemented consistent with applicable law and subject to the availability
of appropriations.
(c) This memorandum is not intended to, and does
not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party
against the United States, its departments, agencies, or
entities, its officers, employees, or agents, or any other
person.
(d) The Secretary of Homeland Security is hereby authorized and directed to publish this memorandum in
the Federal Register.
BARACK OBAMA.

§ 1104. Powers and duties of Secretary of State
(a) Powers and duties
The Secretary of State shall be charged with
the administration and the enforcement of the
provisions of this chapter and all other immigration and nationality laws relating to (1) the
powers, duties, and functions of diplomatic and
consular officers of the United States, except
those powers, duties, and functions conferred
upon the consular officers relating to the granting or refusal of visas; (2) the powers, duties, and
functions of the Administrator; and (3) the determination of nationality of a person not in the
United States. He shall establish such regulations; prescribe such forms of reports, entries
and other papers; issue such instructions; and
perform such other acts as he deems necessary
for carrying out such provisions. He is authorized to confer or impose upon any employee of
the United States, with the consent of the head
of the department or independent establishment
under whose jurisdiction the employee is serving, any of the powers, functions, or duties conferred or imposed by this chapter or regulations
issued thereunder upon officers or employees of
the Department of State or of the American
Foreign Service.

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(b) Designation and duties of Administrator
The Secretary of State shall designate an Administrator who shall be a citizen of the United
States, qualified by experience. The Administrator shall maintain close liaison with the appropriate committees of Congress in order that
they may be advised regarding the administration of this chapter by consular officers. The Administrator shall be charged with any and all responsibility and authority in the administration
of this chapter which are conferred on the Secretary of State as may be delegated to the Administrator by the Secretary of State or which
may be prescribed by the Secretary of State,
and shall perform such other duties as the Secretary of State may prescribe.
(c) Passport Office, Visa Office, and other offices;
directors
Within the Department of State there shall be
a Passport Office, a Visa Office, and such other
offices as the Secretary of State may deem to be
appropriate, each office to be headed by a director. The Directors of the Passport Office and the
Visa Office shall be experienced in the administration of the nationality and immigration laws.
(d) Transfer of duties
The functions heretofore performed by the
Passport Division and the Visa Division of the
Department of State shall hereafter be performed by the Passport Office and the Visa Office, respectively.
(e) General Counsel of Visa Office; appointment
and duties
There shall be a General Counsel of the Visa
Office, who shall be appointed by the Secretary
of State and who shall serve under the general
direction of the Legal Adviser of the Department of State. The General Counsel shall have
authority to maintain liaison with the appropriate officers of the Service with a view to securing uniform interpretations of the provisions
of this chapter.
(June 27, 1952, ch. 477, title I, § 104, 66 Stat. 174;
Pub. L. 87-510, § 4(a)(2), June 28, 1962, 76 Stat. 123;
Pub. L. 88–426, title III, § 305(43), Aug. 14, 1964, 78
Stat. 428; Pub. L. 95–105, title I, § 109(b)(1), Aug.
17, 1977, 91 Stat. 847; Pub. L. 100–525, § 9(d), Oct.
24, 1988, 102 Stat. 2620; Pub. L. 103–236, title I,
§ 162(h)(2), Apr. 30, 1994, 108 Stat. 407.)
REFERENCES IN TEXT
This chapter, referred to in subsecs. (a), (b), and (e),
was in the original, ‘‘this Act’’, meaning act June 27,
1952, ch. 477, 66 Stat. 163, known as the Immigration and
Nationality Act, which is classified principally to this
chapter. For complete classification of this Act to the
Code, see Short Title note set out under section 1101 of
this title and Tables.
AMENDMENTS
1994—Pub. L. 103–236, § 162(h)(2)(A), struck out
‘‘; Bureau of Consular Affairs’’ after ‘‘Secretary of
State’’ in section catchline.
Subsec. (a)(2). Pub. L. 103–236, § 162(h)(2)(B), substituted ‘‘the Administrator’’ for ‘‘the Bureau of Consular Affairs’’.
Subsec. (b). Pub. L. 103–236, § 162(h)(2)(C), amended
subsec. (b) generally. Prior to amendment, subsec. (b)
read as follows: ‘‘There is established in the Department of State a Bureau of Consular Affairs, to be head-