8 Usc 1363

Page 433

TITLE 8—ALIENS AND NATIONALITY

Stat. 1620; Pub. L. 104–208, div. C, title III,
§ 308(d)(4)(N), (e)(1)(N), (g)(9)(A), Sept. 30, 1996,
110 Stat. 3009–618, 3009–619, 3009–624.)
Editorial Notes
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.
AMENDMENTS
1996—Pub. L. 104–208, § 308(g)(9)(A), substituted ‘‘part
IV’’ for ‘‘Part V’’.
Pub. L. 104–208, § 308(e)(1)(N), substituted ‘‘removal’’
for ‘‘deportation’’.
Pub. L. 104–208, § 308(d)(4)(N), substituted ‘‘inadmissible’’ for ‘‘subject to exclusion’’ in two places.
1981—Pub. L. 97–116 substituted ‘‘immigrant, special
immigrant, immediate relative, or refugee’’ for ‘‘quota
immigrant, or nonquota immigrant’’.
Statutory Notes and Related Subsidiaries
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 1981 AMENDMENT
Amendment by Pub. L. 97–116 effective Dec. 29, 1981,
see section 21(a) of Pub. L. 97–116, set out as a note
under section 1101 of this title.
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.

§ 1362. Right to counsel
In any removal proceedings before an immigration judge and in any appeal proceedings before the Attorney General from any such removal proceedings, the person concerned shall
have the privilege of being represented (at no expense to the Government) by such counsel, authorized to practice in such proceedings, as he
shall choose.
(June 27, 1952, ch. 477, title II, ch. 9, § 292, 66 Stat.
235; Pub. L. 104–208, div. C, title III,
§§ 308(d)(4)(O), 371(b)(9), Sept. 30, 1996, 110 Stat.
3009–619, 3009–645.)
Editorial Notes
AMENDMENTS
1996—Pub. L. 104–208, § 371(b)(9), substituted ‘‘an immigration judge’’ for ‘‘a special inquiry officer’’.
Pub. L. 104–208, § 308(d)(4)(O), substituted ‘‘removal’’
for ‘‘exclusion or deportation’’ in two places.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 1996 AMENDMENT
Amendment by section 308(d)(4)(O) of Pub. L. 104–208
effective, with certain transitional provisions, on the

§ 1363a

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.
Amendment by section 371(b)(9) of Pub. L. 104–208 effective Sept. 30, 1996, see section 371(d)(1) of Pub. L.
104–208, 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.

§ 1363. Deposit of and interest on cash received
to secure immigration bonds
(a) Cash received by the Attorney General as
security on an immigration bond shall be deposited in the Treasury of the United States in
trust for the obligor on the bond, and shall bear
interest payable at a rate determined by the
Secretary of the Treasury, except that in no
case shall the interest rate exceed 3 per centum
per annum. Such interest shall accrue from date
of deposit occurring after April 27, 1966, to and
including date of withdrawal or date of breach of
the immigration bond, whichever occurs first:
Provided, That cash received by the Attorney
General as security on an immigration bond,
and deposited by him in the postal savings system prior to discontinuance of the system, shall
accrue interest as provided in this section from
the date such cash ceased to accrue interest
under the system. Appropriations to the Treasury Department for interest on uninvested funds
shall be available for payment of said interest.
(b) The interest accruing on cash received by
the Attorney General as security on an immigration bond shall be subject to the same disposition as prescribed for the principal cash, except that interest accruing to the date of breach
of the immigration bond shall be paid to the obligor on the bond.
(June 27, 1952, ch. 477, title II, ch. 9, § 293, as
added Pub. L. 91–313, § 2, July 10, 1970, 84 Stat.
413.)
Statutory Notes and Related Subsidiaries
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.

§ 1363a. Undercover investigation authority
(a) In general
With respect to any undercover investigative
operation of the Service which is necessary for
the detection and prosecution of crimes against
the United States—
(1) sums appropriated for the Service may be
used for leasing space within the United
States and the territories and possessions of
the United States without regard to the following provisions of law:
(A) section 1341(a) of title 31,
(B) section 6301(a) and (b)(1) to (3) of title
41,
(C) chapter 45 of title 41,