8 Usc 1357

Page 443

TITLE 8—ALIENS AND NATIONALITY

108 Stat. 1736, and repealed by Pub. L. 104–208, div. C,
title I, § 122(b), Sept. 30, 1996, 110 Stat. 3009–560.

§ 1357. Powers of immigration officers and employees
(a) Powers without warrant
Any officer or employee of the Service authorized under regulations prescribed by the Attorney General shall have power without warrant—
(1) to interrogate any alien or person believed to be an alien as to his right to be or to
remain in the United States;
(2) to arrest any alien who in his presence or
view is entering or attempting to enter the
United States in violation of any law or regulation made in pursuance of law regulating the
admission, exclusion, expulsion, or removal of
aliens, or to arrest any alien in the United
States, if he has reason to believe that the
alien so arrested is in the United States in violation of any such law or regulation and is
likely to escape before a warrant can be obtained for his arrest, but the alien arrested
shall be taken without unnecessary delay for
examination before an officer of the Service
having authority to examine aliens as to their
right to enter or remain in the United States;
(3) within a reasonable distance from any external boundary of the United States, to board
and search for aliens any vessel within the territorial waters of the United States and any
railway car, aircraft, conveyance, or vehicle,
and within a distance of twenty-five miles
from any such external boundary to have access to private lands, but not dwellings, for
the purpose of patrolling the border to prevent
the illegal entry of aliens into the United
States;
(4) to make arrests for felonies which have
been committed and which are cognizable
under any law of the United States regulating
the admission, exclusion, expulsion, or removal of aliens, if he has reason to believe
that the person so arrested is guilty of such
felony and if there is likelihood of the person
escaping before a warrant can be obtained for
his arrest, but the person arrested shall be
taken without unnecessary delay before the
nearest available officer empowered to commit persons charged with offenses against the
laws of the United States; and
(5) to make arrests—
(A) for any offense against the United
States, if the offense is committed in the officer’s or employee’s presence, or
(B) for any felony cognizable under the
laws of the United States, if the officer or
employee has reasonable grounds to believe
that the person to be arrested has committed or is committing such a felony,
if the officer or employee is performing duties
relating to the enforcement of the immigration laws at the time of the arrest and if there
is a likelihood of the person escaping before a
warrant can be obtained for his arrest.
Under regulations prescribed by the Attorney
General, an officer or employee of the Service
may carry a firearm and may execute and serve
any order, warrant, subpoena, summons, or
other process issued under the authority of the

§ 1357

United States. The authority to make arrests
under paragraph (5)(B) shall only be effective on
and after the date on which the Attorney General publishes final regulations which (i) prescribe the categories of officers and employees
of the Service who may use force (including
deadly force) and the circumstances under which
such force may be used, (ii) establish standards
with respect to enforcement activities of the
Service, (iii) require that any officer or employee of the Service is not authorized to make
arrests under paragraph (5)(B) unless the officer
or employee has received certification as having
completed a training program which covers such
arrests and standards described in clause (ii),
and (iv) establish an expedited, internal review
process for violations of such standards, which
process is consistent with standard agency procedure regarding confidentiality of matters related to internal investigations.
(b) Administration of oath; taking of evidence
Any officer or employee of the Service designated by the Attorney General, whether individually or as one of a class, shall have power
and authority to administer oaths and to take
and consider evidence concerning the privilege
of any person to enter, reenter, pass through, or
reside in the United States, or concerning any
matter which is material or relevant to the enforcement of this chapter and the administration of the Service; and any person to whom
such oath has been administered, (or who has executed an unsworn declaration, certificate,
verification, or statement under penalty of perjury as permitted under section 1746 of title 28)
under the provisions of this chapter, who shall
knowingly or willfully give false evidence or
swear (or subscribe under penalty of perjury as
permitted under section 1746 of title 28) to any
false statement concerning any matter referred
to in this subsection shall be guilty of perjury
and shall be punished as provided by section 1621
of title 18.
(c) Search without warrant
Any officer or employee of the Service authorized and designated under regulations prescribed
by the Attorney General, whether individually
or as one of a class, shall have power to conduct
a search, without warrant, of the person, and of
the personal effects in the possession of any person seeking admission to the United States, concerning whom such officer or employee may
have reasonable cause to suspect that grounds
exist for denial of admission to the United
States under this chapter which would be disclosed by such search.
(d) Detainer of aliens for violation of controlled
substances laws
In the case of an alien who is arrested by a
Federal, State, or local law enforcement official
for a violation of any law relating to controlled
substances, if the official (or another official)—
(1) has reason to believe that the alien may
not have been lawfully admitted to the United
States or otherwise is not lawfully present in
the United States,
(2) expeditiously informs an appropriate officer or employee of the Service authorized and
designated by the Attorney General of the ar-

§ 1357

TITLE 8—ALIENS AND NATIONALITY

rest and of facts concerning the status of the
alien, and
(3) requests the Service to determine
promptly whether or not to issue a detainer to
detain the alien,
the officer or employee of the Service shall
promptly determine whether or not to issue
such a detainer. If such a detainer is issued and
the alien is not otherwise detained by Federal,
State, or local officials, the Attorney General
shall effectively and expeditiously take custody
of the alien.
(e) Restriction on warrantless entry in case of
outdoor agricultural operations
Notwithstanding any other provision of this
section other than paragraph (3) of subsection
(a), an officer or employee of the Service may
not enter without the consent of the owner (or
agent thereof) or a properly executed warrant
onto the premises of a farm or other outdoor agricultural operation for the purpose of interrogating a person believed to be an alien as to the
person’s right to be or to remain in the United
States.
(f) Fingerprinting and photographing of certain
aliens
(1) Under regulations of the Attorney General,
the Commissioner shall provide for the
fingerprinting and photographing of each alien
14 years of age or older against whom a proceeding is commenced under section 1229a of this
title.
(2) Such fingerprints and photographs shall be
made available to Federal, State, and local law
enforcement agencies, upon request.
(g) Performance of immigration officer functions
by State officers and employees
(1) Notwithstanding section 1342 of title 31, the
Attorney General may enter into a written
agreement with a State, or any political subdivision of a State, pursuant to which an officer
or employee of the State or subdivision, who is
determined by the Attorney General to be qualified to perform a function of an immigration officer in relation to the investigation, apprehension, or detention of aliens in the United States
(including the transportation of such aliens
across State lines to detention centers), may
carry out such function at the expense of the
State or political subdivision and to the extent
consistent with State and local law.
(2) An agreement under this subsection shall
require that an officer or employee of a State or
political subdivision of a State performing a
function under the agreement shall have knowledge of, and adhere to, Federal law relating to
the function, and shall contain a written certification that the officers or employees performing
the function under the agreement have received
adequate training regarding the enforcement of
relevant Federal immigration laws.
(3) In performing a function under this subsection, an officer or employee of a State or political subdivision of a State shall be subject to
the direction and supervision of the Attorney
General.
(4) In performing a function under this subsection, an officer or employee of a State or political subdivision of a State may use Federal

Page 444

property or facilities, as provided in a written
agreement between the Attorney General and
the State or subdivision.
(5) With respect to each officer or employee of
a State or political subdivision who is authorized to perform a function under this subsection,
the specific powers and duties that may be, or
are required to be, exercised or performed by the
individual, the duration of the authority of the
individual, and the position of the agency of the
Attorney General who is required to supervise
and direct the individual, shall be set forth in a
written agreement between the Attorney General and the State or political subdivision.
(6) The Attorney General may not accept a
service under this subsection if the service will
be used to displace any Federal employee.
(7) Except as provided in paragraph (8), an officer or employee of a State or political subdivision of a State performing functions under this
subsection shall not be treated as a Federal employee for any purpose other than for purposes
of chapter 81 of title 5 (relating to compensation
for injury) and sections 2671 through 2680 of title
28 (relating to tort claims).
(8) An officer or employee of a State or political subdivision of a State acting under color of
authority under this subsection, or any agreement entered into under this subsection, shall
be considered to be acting under color of Federal
authority for purposes of determining the liability, and immunity from suit, of the officer or
employee in a civil action brought under Federal or State law.
(9) Nothing in this subsection shall be construed to require any State or political subdivision of a State to enter into an agreement with
the Attorney General under this subsection.
(10) Nothing in this subsection shall be construed to require an agreement under this subsection in order for any officer or employee of a
State or political subdivision of a State—
(A) to communicate with the Attorney General regarding the immigration status of any
individual, including reporting knowledge that
a particular alien is not lawfully present in
the United States; or
(B) otherwise to cooperate with the Attorney General in the identification, apprehension, detention, or removal of aliens not lawfully present in the United States.
(h) Protecting abused juveniles
An alien described in section 1101(a)(27)(J) of
this title who has been battered, abused, neglected, or abandoned, shall not be compelled to
contact the alleged abuser (or family member of
the alleged abuser) at any stage of applying for
special immigrant juvenile status, including
after a request for the consent of the Secretary
of
Homeland
Security
under
section
1101(a)(27)(J)(iii)(I) of this title.
(June 27, 1952, ch. 477, title II, ch. 9, § 287, 66 Stat.
233; Pub. L. 94–550, § 7, Oct. 18, 1976, 90 Stat. 2535;
Pub. L. 99–570, title I, § 1751(d), Oct. 27, 1986, 100
Stat. 3207–47; Pub. L. 99–603, title I, § 116, Nov. 6,
1986, 100 Stat. 3384; Pub. L. 100–525, §§ 2(e), 5, Oct.
24, 1988, 102 Stat. 2610, 2615; Pub. L. 101–649, title
V, § 503(a), (b)(1), Nov. 29, 1990, 104 Stat. 5048,
5049; Pub. L. 102–232, title III, § 306(a)(3), Dec. 12,
1991, 105 Stat. 1751; Pub. L. 104–208, div. C, title

Page 445

TITLE 8—ALIENS AND NATIONALITY

I, § 133, title III, § 308(d)(4)(L), (e)(1)(M),
(g)(5)(A)(i), Sept. 30, 1996, 110 Stat. 3009–563,
3009–618, 3009–619, 3009–623; Pub. L. 109–162, title
VIII, § 826, Jan. 5, 2006, 119 Stat. 3065; Pub. L.
109–271, § 6(g), Aug. 12, 2006, 120 Stat. 763.)
Editorial Notes

§ 1360

Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 1996 AMENDMENT
Amendment
by
section
308(d)(4)(L),
(e)(1)(M),
(g)(5)(A)(i) 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.

REFERENCES IN TEXT

EFFECTIVE DATE OF 1991 AMENDMENT

This chapter, referred to in subsecs. (b) and (c), 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.

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.

AMENDMENTS
2006—Subsecs. (h), (i). Pub. L. 109–271 redesignated
subsec. (i) as (h).
Subsec. (i). Pub. L. 109–162, which directed the amendment of this section ‘‘as amended by section 726’’ by
adding cl. (i) at end, was executed by adding subsec. (i)
at end to reflect the probable intent of Congress. Pub.
L. 109–162 does not contain a section 726.
1996—Subsec.
(a)(2),
(4).
Pub.
L.
104–208,
§ 308(d)(4)(L)(i), substituted ‘‘expulsion, or removal’’ for
‘‘or expulsion’’.
Subsec. (c). Pub. L. 104–208, § 308(d)(4)(L)(ii), substituted ‘‘denial of admission to’’ for ‘‘exclusion from’’.
Subsec. (f)(1). Pub. L. 104–208, § 308(g)(5)(A)(i), substituted ‘‘section 1229a’’ for ‘‘section 1252’’.
Subsec. (g). Pub. L. 104–208, § 308(e)(1)(M), which directed amendment of subsec. (g) by substituting ‘‘removal’’ for ‘‘deportation’’ wherever appearing, could
not be executed because the word ‘‘deportation’’ did not
appear in subsec. (g).
Pub. L. 104–208, § 133, added subsec. (g).
1991—Subsec. (a)(4). Pub. L. 102–232 substituted a
semicolon for comma at end.
1990—Subsec. (a). Pub. L. 101–649, § 503(a), struck out
‘‘and’’ at end of par. (3), substituted ‘‘United States,
and’’ for ‘‘United States. Any such employee shall also
have the power to execute any warrant or other process
issued by any officer under any law regulating the admission, exclusion, or expulsion of aliens.’’ at end of
par. (4), and added par. (5) and concluding provisions.
Subsec. (f). Pub. L. 101–649, § 503(b)(1), added subsec.
(f).
1988—Subsec. (d). Pub. L. 100–525, § 5, added par. (3)
and closing provisions and struck out former par. (3)
which read as follows: ‘‘requests the Service to determine promptly whether or not to issue a detainer to detain the alien, the officer or employee of the Service
shall promptly determine whether or not to issue such
a detainer. If such a detainer is issued and the alien is
not otherwise detained by Federal, State, or local officials, the Attorney General shall effectively and expeditiously take custody of the alien.’’
Subsec. (e). Pub. L. 100–525, § 2(e)(2), made technical
amendment to directory language of Pub. L. 99–603,
§ 116, and redesignated the subsec. (d) added by such
§ 116, as (e). See 1986 Amendment note below.
1986—Subsec. (d). Pub. L. 99–570 added subsec. (d).
Subsec. (e). Pub. L. 99–603, as amended by Pub. L.
100–525, § 2(e), added subsec. (e), which prior to amendment by Pub. L. 100–525, was designated as a second
subsec. (d) of this section.
1976—Subsec. (b). Pub. L. 94–550 inserted ‘‘(or who has
executed
an
unsworn
declaration,
certificate,
verification, or statement under penalty of perjury as
permitted under section 1746 of title 28)’’ after ‘‘to
whom such oath has been administered’’ and ‘‘(or subscribe under penalty of perjury as permitted under section 1746 of title 28)’’ after ‘‘give false evidence or
swear’’.

EFFECTIVE DATE OF 1988 AMENDMENT
Amendment by section 2(e) of Pub. L. 100–525 effective
as if included in enactment of Immigration Reform and
Control Act of 1986, Pub. L. 99–603, see section 2(s) of
Pub. L. 100–525, 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.

§ 1358. Local jurisdiction over immigrant stations
The officers in charge of the various immigrant stations shall admit therein the proper
State and local officers charged with the enforcement of the laws of the State or Territory
of the United States in which any such immigrant station is located in order that such State
and local officers may preserve the peace and
make arrests for crimes under the laws of the
States and Territories. For the purpose of this
section the jurisdiction of such State and local
officers and of the State and local courts shall
extend over such immigrant stations.
(June 27, 1952, ch. 477, title II, ch. 9, § 288, 66 Stat.
234.)
§ 1359. Application to American Indians born in
Canada
Nothing in this subchapter shall be construed
to affect the right of American Indians born in
Canada to pass the borders of the United States,
but such right shall extend only to persons who
possess at least 50 per centum of blood of the
American Indian race.
(June 27, 1952, ch. 477, title II, ch. 9, § 289, 66 Stat.
234.)
§ 1360. Establishment of central file; information
from other departments and agencies
(a) Establishment of central file
There shall be established in the office of the
Commissioner, for the use of security and enforcement agencies of the Government of the
United States, a central index, which shall contain the names of all aliens heretofore admitted
or denied admission to the United States, insofar as such information is available from the existing records of the Service, and the names of
all aliens hereafter admitted or denied admission to the United States, the names of their
sponsors of record, if any, and such other rel-