US (United States) Code. Title 8. Chapter 13: Immigration and Naturalization Service

Codificación normativa de EEUU (Estados Unidos) Legislación Federal estadounidense # Aliens and nationality

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publicidad

-CITE-

8 USC CHAPTER 13 - IMMIGRATION AND NATURALIZATION

SERVICE 01/06/03

-EXPCITE-

TITLE 8 - ALIENS AND NATIONALITY

CHAPTER 13 - IMMIGRATION AND NATURALIZATION SERVICE

.

-HEAD-

CHAPTER 13 - IMMIGRATION AND NATURALIZATION SERVICE

-MISC1-

SUBCHAPTER I - ORGANIZATION

Sec.

1551. Immigration and Naturalization Service.

1552. Commissioner of Immigration and Naturalization; office.

1553. Assistant Commissioners and one District Director;

compensation and salary grade.

1554. Special immigrant inspectors at Washington.

1555. Immigration Service expenses.

1556. Transferred.

1557. Prevention of transportation in foreign commerce of alien

women and girls under international agreement; Commissioner

designated as authority to receive and preserve information.

SUBCHAPTER II - IMMIGRATION SERVICES AND INFRASTRUCTURE

IMPROVEMENTS

1571. Purposes.

(a) Purposes.

(b) Policy.

1572. Definitions.

1573. Immigration services and infrastructure improvement account.

(a) Authority of the Attorney General.

(b) Authorization of appropriations.

1574. Reports to Congress.

(a) Backlog elimination plan.

(b) Annual reports.

-CITE-

8 USC SUBCHAPTER I - ORGANIZATION 01/06/03

-EXPCITE-

TITLE 8 - ALIENS AND NATIONALITY

CHAPTER 13 - IMMIGRATION AND NATURALIZATION SERVICE

SUBCHAPTER I - ORGANIZATION

.

-HEAD-

SUBCHAPTER I - ORGANIZATION

-CITE-

8 USC Sec. 1551 01/06/03

-EXPCITE-

TITLE 8 - ALIENS AND NATIONALITY

CHAPTER 13 - IMMIGRATION AND NATURALIZATION SERVICE

SUBCHAPTER I - ORGANIZATION

-HEAD-

Sec. 1551. Immigration and Naturalization Service

-STATUTE-

There is created and established in the Department of Justice an

Immigration and Naturalization Service.

-SOURCE-

(Feb. 14, 1903, ch. 552, Sec. 4, 32 Stat. 826; June 29, 1906, ch.

3592, Sec. 1, 34 Stat. 596; Mar. 4, 1913, ch. 141, Sec. 3, 37 Stat.

737; Ex. Ord. No. 6166, Sec. 14, June 10, 1933; 1940 Reorg. Plan

No. V, eff. June 14, 1940, 5 F.R. 2223, 54 Stat. 1238.)

-COD-

CODIFICATION

Section was formerly classified to section 342 of Title 5 prior

to the general revision and enactment of Title 5, Government

Organization and Employees, by Pub. L. 89-554, Sec. 1, Sept. 6,

1966, 80 Stat. 378.

-MISC3-

SHORT TITLE OF 2000 AMENDMENT

Pub. L. 106-313, title II, Sec. 201, Oct. 17, 2000, 114 Stat.

1262, provided that: ''This title (enacting subchapter II of this

chapter) may be cited as the 'Immigration Services and

Infrastructure Improvements Act of 2000'.''

-TRANS-

TRANSFER OF FUNCTIONS

Functions vested by law in Attorney General, Department of

Justice, or any other officer or any agency of that Department,

with respect to inspection at regular inspection locations at ports

of entry of persons, and documents of persons, entering or leaving

United States, were to have been transferred to Secretary of the

Treasury by 1973 Reorg. Plan No. 2, Sec. 2, eff. July 1, 1973, 38

F.R. 15932, 87 Stat. 1091, set out in the Appendix to Title 5,

Government Organization and Employees. The transfer was negated by

section 1(a)(1), (b) of Pub. L. 93-253, Mar. 16, 1974, 88 Stat. 50,

which repealed section 2 of 1973 Reorg. Plan No. 2, eff. July 1,

1973.

Functions of all other officers of Department of Justice and

functions of all agencies and employees of such Department, with a

few exceptions, transferred to Attorney General, with power vested

in him to authorize their performance or performance of any of his

functions by any of such officers, agencies, and employees, by 1950

Reorg. Plan No. 2, Sec. 1, 2, eff. May 24, 1950, 15 F.R. 3173, 64

Stat. 1261, set out in the Appendix to Title 5. See sections 509

and 510 of Title 28, Judiciary and Judicial Procedure.

ABOLITION OF IMMIGRATION AND NATURALIZATION SERVICE AND TRANSFER OF

FUNCTIONS

The Immigration and Naturalization Service was abolished by

section 291(a) of Title 6, Domestic Security, upon completion of

all transfers from the Immigration and Naturalization Service as

provided for by chapter 1 of Title 6.

Functions of the Commissioner of Immigration and Naturalization

performed under the Border Patrol program, the detention and

removal program, the intelligence program, the investigations

program, and the inspections program, and all personnel, assets,

and liabilities pertaining to such programs, were transferred to

the Under Secretary for Border and Transportation Security of the

Department of Homeland Security by section 251 of Title 6 and the

Department of Homeland Security Reorganization Plan of November 25,

2002, as modified, set out as a note under section 542 of Title 6.

Functions of the Commissioner of Immigration and Naturalization

relating to adjudications of immigrant visa petitions,

adjudications of naturalization petitions, adjudications of asylum

and refugee applications, adjudications performed at service

centers, and all other adjudications performed by the Immigration

and Naturalization Service, and all personnel, infrastructure, and

funding provided to the Commissioner in support of such functions,

were transferred to the Director of the Bureau of Citizenship and

Immigration Services of the Department of Homeland Security by

section 271(b) of Title 6 and the Department of Homeland Security

Reorganization Plan of November 25, 2002, as modified.

Functions performed by the Statistics Branch of the Office of

Policy and Planning of the Immigration and Naturalization Service

with respect to the functions of the Commissioner referred to in

the two preceding paragraphs were transferred to the Under

Secretary for Management of the Department of Homeland Security by

section 341(b)(2) of Title 6 and the Department of Homeland

Security Reorganization Plan of November 25, 2002, as modified.

Functions under the immigration laws of the United States with

respect to the care of unaccompanied alien children that were

vested by statute in, or performed by, the Commissioner of

Immigration and Naturalization (or any officer, employee, or

component of the Immigration and Naturalization Service) were

transferred to the Director of the Office of Refugee Resettlement

of the Department of Health and Human Services by section 279(a) of

Title 6 and the Department of Homeland Security Reorganization Plan

of November 25, 2002, as modified.

Personnel of the Department of Justice employed in connection

with the functions transferred by part E (Sec. 271 et seq.) of

subchapter IV of chapter 1 of Title 6 (and functions that the

Secretary of Homeland Security determines are properly related to

the functions of the Bureau of Citizenship and Immigration

Services), were transferred to the Director of the Bureau of

Citizenship and Immigration Services by section 275(b)(2) of Title

6 and the Department of Homeland Security Reorganization Plan of

November 25, 2002, as modified. Personnel of the Department of

Justice employed in connection with the functions transferred by

section 279 of Title 6 were transferred to the Director of the

Office of Refugee Resettlement by section 279(f)(3) of Title 6 and

the Department of Homeland Security Reorganization Plan of November

25, 2002, as modified.

For treatment of references to any agency, officer, or office,

etc. the functions of which were transferred to the Department of

Homeland Security, see sections 552(d) and 557 of Title 6.

-MISC5-

INDEPENDENT COMPREHENSIVE MANAGEMENT ANALYSIS OF SERVICE

OPERATIONS; ARRANGEMENTS RESPECTING, ETC.

Pub. L. 96-132, Sec. 10, Nov. 30, 1979, 93 Stat. 1047, provided

that: ''The Attorney General shall make arrangements with an

appropriate entity for an independent comprehensive management

analysis of the operations of the Immigration and Naturalization

Service for the purpose of making such operations efficient and

cost effective. After the completion of such analysis, the

Attorney General shall promptly submit a report to the appropriate

committees of Congress on the results of such analysis together

with any administrative or legislative recommendations of the

Attorney General to improve the operations of the Service.''

OFFICE OF SPECIAL INVESTIGATOR; FUNCTIONS, ESTABLISHMENT, POWERS,

ETC.

Pub. L. 96-132, Sec. 22, Nov. 30, 1979, 93 Stat. 1050, provided

that:

''(a) In order to create an independent and objective unit -

''(1) to conduct and supervise audits and investigations

relating to programs and operations of the Immigration and

Naturalization Service,

''(2) to provide leadership and coordination and recommend

policies for activities designed (A) to promote economy,

efficiency, and effectiveness in the administration of, and (B)

to prevent and detect fraud and abuse in, such programs and

operations, and

''(3) to provide a means for keeping the Commissioner of the

Immigration and Naturalization Service and the Congress fully and

currently informed about problems and deficiencies relating to

the administration of such programs and operations and the

necessity for and progress of corrective action,

there is hereby established in the Immigration and Naturalization

Service of the Department of Justice an Office of Special

Investigator (hereinafter in this section referred to as 'the

Office').

''(b)(1) There shall be at the head of the Office a Special

Investigator (hereinafter in this section referred to as 'the

Special Investigator') who shall be appointed by the Attorney

General without regard to political affiliation and solely on the

basis of integrity and demonstrated ability in accounting,

auditing, financial analysis, law, management analysis, public

administration, or investigations. The Special Investigator shall

report to and be under the general supervision of the Commissioner,

who shall not prevent or prohibit the Special Investigator from

initiating, carrying out, or completing any audit or investigation,

or from issuing any subpena during the course of any audit or

investigation.

''(2) The Special Investigator may be removed from office by the

Attorney General. The Attorney General shall communicate the

reasons for any such removal to both Houses of Congress.

''(3) For the purposes of section 7324 of title 5 of the United

States Code, the Special Investigator shall not be considered to be

an employee who determines policies to be pursued by the United

States in the nationwide administration of Federal laws.

''(4) The Special Investigator shall, in accordance with

applicable laws and regulations governing the civil service -

''(A) appoint an Assistant Special Investigator for Auditing

who shall have the responsibility for supervising the performance

of auditing activities relating to programs and operations of the

Service, and

''(B) appoint an Assistant Special Investigator for

Investigations who shall have the responsibility for the

performance of investigative activities relating to such programs

and operations.

''(c) The following provisions of the Inspector General Act of

1978 (Public Law 95-452) (set out in the Appendix to Title 5) shall

apply to the Special Investigator, the Office, the Commissioner,

and the Service under this section in the same manner as those

provisions apply to an Inspector General, an Office, the head of

the establishment, and an establishment under such Act:

''(1) Section 4 (relating to duties and responsibilities of an

Inspector General and the manner in which they are carried out).

''(2) Section 5 (relating to reports required to be prepared

and furnished by or to an Inspector General and their transmittal

and availability).

''(3) Section 6 (relating to the authority of an Inspector

General and related administrative provisions).

''(4) Section 7 (relating to the treatment of employee

complaints by an Inspector General).

''(d) The Attorney General is authorized to appoint such staff as

may be necessary to carry out this section.

''(e) For purposes of this section -

''(1) the term 'Service' means the Immigration and

Naturalization Service;

''(2) the term 'Department' means the Department of Justice;

and

''(3) the term 'Commissioner' means the Commissioner of

Immigration and Naturalization.

''(f) The Special Investigator shall be compensated at the rate

then payable under section 5316 of title 5 of the United States

Code for level V of the Executive Schedule.

''(g) The provisions of this section shall take effect on the

date of the enactment of this Act (Nov. 30, 1979) and shall cease

to have effect the earlier of -

''(1) 3 years after the date of the enactment of this Act; and

''(2) the establishment of an office of inspector general for

the Department of Justice.

''(h) In addition to any other sums authorized to be appropriated

by this Act, there are authorized to be appropriated $376,000 for

the fiscal year ending September 30, 1980 to carry out this

section.''

HISTORY OF IMMIGRATION AND NATURALIZATION AGENCIES

By acts Aug. 3, 1882, ch. 376, Sec. 2, 3, 22 Stat. 214; Feb. 23,

1887, ch. 220, 24 Stat. 415, the administration of the immigration

laws then in force was reposed in the Secretary of the Treasury.

Subsequently, by act Mar. 3, 1891, ch. 551, Sec. 7, 26 Stat. 1087,

the office of the Superintendent of Immigration was created as a

permanent immigration agency and he in turn was designated

Commissioner General of Immigration under the heading ''Bureau of

Immigration'' by act Mar. 2, 1895, ch. 177, Sec. 1, 28 Stat. 780.

Upon the establishment of the Department of Commerce and Labor, the

Commissioner General of Immigration and the Bureau of Immigration

were transferred to that Department by act Feb. 14, 1903, ch. 552,

Sec. 4, 32 Stat. 825, and thereafter were redesignated the Bureau

of Immigration and Naturalization by act June 29, 1906, ch. 3592,

Sec. 1, 34 Stat. 596. The Bureau of Immigration and Naturalization

was transferred to the Department of Labor upon its establishment

by act Mar. 4, 1913, ch. 141, 37 Stat. 736, and divided into two

bureaus to be known as the Bureau of Immigration and the Bureau of

Naturalization, respectively. Ex. Ord. No. 6166, Sec. 14, June 10,

1933, set out as note under section 901 of Title 5, Government

Organization and Employees, again consolidated these bureaus to

form the Immigration and Naturalization Service, under a

''Commissioner of Immigration and Naturalization'', which was then

transferred from the Department of Labor to the Department of

Justice by 1940 Reorg. Plan No. V, eff. June 14, 1940, 5 F.R.

2223, 54 Stat. 1238, set out in the Appendix to Title 5.

-CITE-

8 USC Sec. 1552 01/06/03

-EXPCITE-

TITLE 8 - ALIENS AND NATIONALITY

CHAPTER 13 - IMMIGRATION AND NATURALIZATION SERVICE

SUBCHAPTER I - ORGANIZATION

-HEAD-

Sec. 1552. Commissioner of Immigration and Naturalization; office

-STATUTE-

The office of the Commissioner of Immigration and Naturalization

is created and established, and the President, by and with the

advice and consent of the Senate, is authorized and directed to

appoint such officer. The Attorney General shall provide him with

a suitable, furnished office in the city of Washington, and with

such books of record and facilities for the discharge of the duties

of his office as may be necessary.

-SOURCE-

(Mar. 3, 1891, ch. 551, Sec. 7, 26 Stat. 1085; Mar. 2, 1895, ch.

177, Sec. 1, 28 Stat. 780; Apr. 28, 1904, Pub. R. 33, 33 Stat. 591;

Mar. 4, 1913, ch. 141, Sec. 3, 37 Stat. 737; Feb. 5, 1917, ch. 29,

Sec. 23, 39 Stat. 892; Mar. 3, 1917, ch. 163, Sec. 1, 39 Stat.

1118; Mar. 28, 1922, ch. 117, title II, 42 Stat. 486; Jan. 5, 1923,

ch. 24, title II, 42 Stat. 1127; Ex. Ord. No. 6166, Sec. 14, June

10, 1933; 1940 Reorg. Plan No. V, eff. June 14, 1940, 5 F.R. 2223,

54 Stat. 1238; June 27, 1952, ch. 477, title IV, Sec. 403(a)(4), 66

Stat. 279.)

-COD-

CODIFICATION

Section was formerly classified to section 342b of Title 5 prior

to the general revision and enactment of Title 5, Government

Organization and Employees, by Pub. L. 89-554, Sec. 1, Sept. 6,

1966, 80 Stat. 378.

-MISC3-

AMENDMENTS

1952 - Act June 27, 1952, struck out second and fourth sentences

relating to duties of commissioner and appointment of an assistant

commissioner.

-TRANS-

TRANSFER OF FUNCTIONS

Functions vested by law in Attorney General, Department of

Justice, or any other officer or any agency of that Department,

with respect to inspection at regular inspection locations at ports

of entry of persons, and documents of persons, entering or leaving

United States, were to have been transferred to Secretary of the

Treasury by 1973 Reorg. Plan No. 2, Sec. 2, eff. July 1, 1973, 38

F.R. 15932, 87 Stat. 1091, set out in the Appendix to Title 5,

Government Organization and employees. The transfer was negated by

section 1(a)(1), (b) of Pub. L. 93-253, Mar. 16, 1974, 88 Stat. 50,

which repealed section 2 of 1973 Reorg. Plan No. 2, eff. July 1,

1973.

Functions of all other officers of Department of Justice and

functions of all agencies and employees of such Department, with a

few exceptions, transferred to Attorney General, with power vested

in him to authorize their performance or performance of any of his

functions by any of such officers, agencies, and employees, by 1950

Reorg. Plan No. 2, Sec. 1, 2, eff. May 24, 1950, 15 F.R. 3173, 64

Stat. 1261, set out in the Appendix to Title 5. See sections 509

and 510 of Title 28, Judiciary and Judicial Procedure.

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.

-MISC5-

HISTORY OF IMMIGRATION AND NATURALIZATION AGENCIES

Ex. Ord. No. 6166, Sec. 14, June 10, 1933, set out as a note

under section 901 of Title 5, Government Organization and

Employees, consolidated the two formerly separate bureaus known as

the Bureau of Immigration and the Bureau of Naturalization to form

the Immigration and Naturalization Service under a Commissioner of

Immigration and Naturalization, which was subsequently transferred

from the Department of Labor to the Department of Justice by 1940

Reorg. Plan No. V, eff. June 14, 1940, 5 F.R. 2223, 54 Stat. 1238,

set out in the Appendix to Title 5. See note set out under section

1551 of this title.

-CITE-

8 USC Sec. 1553 01/06/03

-EXPCITE-

TITLE 8 - ALIENS AND NATIONALITY

CHAPTER 13 - IMMIGRATION AND NATURALIZATION SERVICE

SUBCHAPTER I - ORGANIZATION

-HEAD-

Sec. 1553. Assistant Commissioners and one District Director;

compensation and salary grade

-STATUTE-

The compensation of the five assistant commissioners and one

district director shall be at the rate of grade GS-16.

-SOURCE-

(June 20, 1956, ch. 414, title II, Sec. 201, 70 Stat. 307.)

-COD-

CODIFICATION

Section was formerly classified to section 342b-1 of Title 5

prior to the general revision and enactment of Title 5, Government

Organization and Employees, by Pub. L. 89-554, Sec. 1, Sept. 6,

1966, 80 Stat. 378.

-MISC3-

PRIOR PROVISIONS

Provisions similar to those in this section were contained in act

July 7, 1955, ch. 279, title II, Sec. 201, 69 Stat. 272.

-TRANS-

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.

-MISC5-

REFERENCES IN OTHER LAWS TO GS-16, 17, OR 18 PAY RATES

References in laws to the rates of pay for GS-16, 17, or 18, or

to maximum rates of pay under the General Schedule, to be

considered references to rates payable under specified sections of

Title 5, Government Organization and Employees, see section 529

(title I, Sec. 101(c)(1)) of Pub. L. 101-509, set out in a note

under section 5376 of Title 5.

-CITE-

8 USC Sec. 1554 01/06/03

-EXPCITE-

TITLE 8 - ALIENS AND NATIONALITY

CHAPTER 13 - IMMIGRATION AND NATURALIZATION SERVICE

SUBCHAPTER I - ORGANIZATION

-HEAD-

Sec. 1554. Special immigrant inspectors at Washington

-STATUTE-

Special immigrant inspectors, not to exceed three, may be

detailed for duty in the service at Washington.

-SOURCE-

(Mar. 2, 1895, ch. 177, Sec. 1, 28 Stat. 780; Ex. Ord. No. 6166,

Sec. 14, June 10, 1933.)

-COD-

CODIFICATION

Ex. Ord. No. 6166, is authority for the substitution of

''service'' for ''bureau.'' See note set out under section 1551 of

this title.

Section was formerly classified to section 342g of Title 5 prior

to the general revision and enactment of Title 5, Government

Organization and Employees, by Pub. L. 89-554, Sec. 1, Sept. 6,

1966, 80 Stat. 378. Thereafter, it was classified to section 111 of

this title prior to its transfer to this section.

-TRANS-

TRANSFER OF FUNCTIONS

Functions vested by law in Attorney General, Department of

Justice, or any other officer or any agency of that Department,

with respect to inspection at regular inspection locations at ports

of entry of persons, and documents of persons, entering or leaving

United States, were to have been transferred to Secretary of the

Treasury by 1973 Reorg. Plan No. 2, Sec. 2, eff. July 1, 1973, 38

F.R. 15932, 87 Stat. 1091, set out in the Appendix to Title 5,

Government Organization and Employees. The transfer was negated by

section 1(a)(1), (b) of Pub. L. 93-253, Mar. 16, 1974, 88 Stat. 50,

which repealed section 2 of 1973 Reorg. Plan No. 2, eff. July 1,

1973.

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.

-CITE-

8 USC Sec. 1555 01/06/03

-EXPCITE-

TITLE 8 - ALIENS AND NATIONALITY

CHAPTER 13 - IMMIGRATION AND NATURALIZATION SERVICE

SUBCHAPTER I - ORGANIZATION

-HEAD-

Sec. 1555. Immigration Service expenses

-STATUTE-

Appropriations now or hereafter provided for the Immigration and

Naturalization Service shall be available for payment of (a) hire

of privately owned horses for use on official business, under

contract with officers or employees of the Service; (b) pay of

interpreters and translators who are not citizens of the United

States; (c) distribution of citizenship textbooks to aliens without

cost to such aliens; (d) payment of allowances (at such rate as may

be specified from time to time in the appropriation Act involved)

to aliens, while held in custody under the immigration laws, for

work performed; and (e) when so specified in the appropriation

concerned, expenses of unforeseen emergencies of a confidential

character, to be expended under the direction of the Attorney

General, who shall make a certificate of the amount of any such

expenditure as he may think it advisable not to specify, and every

such certificate shall be deemed a sufficient voucher for the sum

therein expressed to have been expended.

-SOURCE-

(July 28, 1950, ch. 503, Sec. 6, 64 Stat. 380.)

-COD-

CODIFICATION

Section was formerly classified to section 341d of Title 5 prior

to the general revision and enactment of Title 5, Government

Organization and Employees, by Pub. L. 89-554, Sec. 1, Sept. 6,

1966, 80 Stat. 378.

-TRANS-

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.

-CITE-

8 USC Sec. 1556 01/06/03

-EXPCITE-

TITLE 8 - ALIENS AND NATIONALITY

CHAPTER 13 - IMMIGRATION AND NATURALIZATION SERVICE

SUBCHAPTER I - ORGANIZATION

-HEAD-

Sec. 1556. Transferred

-COD-

CODIFICATION

Section transferred to section 1353d of this title.

-CITE-

8 USC Sec. 1557 01/06/03

-EXPCITE-

TITLE 8 - ALIENS AND NATIONALITY

CHAPTER 13 - IMMIGRATION AND NATURALIZATION SERVICE

SUBCHAPTER I - ORGANIZATION

-HEAD-

Sec. 1557. Prevention of transportation in foreign commerce of

alien women and girls under international agreement;

Commissioner designated as authority to receive and preserve

information

-STATUTE-

For the purpose of regulating and preventing the transportation

in foreign commerce of alien women and girls for purposes of

prostitution and debauchery, and in pursuance of and for the

purpose of carrying out the terms of the agreement or project of

arrangement for the suppression of the whiteslave traffic, adopted

July 25, 1902, for submission to their respective governments by

the delegates of various powers represented at the Paris Conference

and confirmed by a formal agreement signed at Paris on May 18,

1904, and adhered to by the United States on June 6, 1908, as shown

by the proclamation of the President of the United States dated

June 15, 1908, the Commissioner of Immigration and Naturalization

is designated as the authority of the United States to receive and

centralize information concerning the procuration of alien women

and girls with a view to their debauchery, and to exercise

supervision over such alien women and girls, receive their

declarations, establish their identity, and ascertain from them who

induced them to leave their native countries, respectively; and it

shall be the duty of said Commissioner of Immigration and

Naturalization to receive and keep on file in his office the

statements and declarations which may be made by such alien women

and girls, and those which are hereinafter required pertaining to

such alien women and girls engaged in prostitution or debauchery in

this country, and to furnish receipts for such statements and

declarations provided for in this Act to the persons, respectively,

making and filing them.

-SOURCE-

(June 25, 1910, ch. 395, Sec. 6, 36 Stat. 826; Ex. Ord. No. 6166,

Sec. 14, June 10, 1933.)

-REFTEXT-

REFERENCES IN TEXT

This Act, referred to in text, is act June 25, 1910, ch. 395, 36

Stat. 825, known as the White Slave Traffic Act, which was

classified to this section and to sections 397 to 404 of former

Title 18, Criminal Code and Criminal Procedure. The act, except for

the provision set out as this section, was repealed by act June 25,

1948, ch. 645, 62 Stat. 683, section 1 of which enacted Title 18,

Crimes and Criminal Procedure. See sections 2421 et seq. of Title

18.

-COD-

CODIFICATION

Section was originally classified to section 402(1) of Title 18

prior to the general revision and enactment of Title 18, Crimes and

Criminal Procedure, by act June 25, 1948, ch. 645, 62 Stat. 683.

Thereafter, it was classified to section 342l of Title 5 prior to

enactment of Title 5, Government Organization and Employees, by

Pub. L. 89-554, Sec. 1, Sept. 6, 1966, 80 Stat. 378, and was

subsequently classified to section 238 of this title prior to

transfer to this section.

-TRANS-

TRANSFER OF FUNCTIONS

Functions vested by law in Attorney General, Department of

Justice, or any other officer or any agency of that Department,

with respect to inspection at regular inspection locations at ports

of entry of persons, and documents of persons, entering or leaving

United States, were to have been transferred to Secretary of the

Treasury by 1973 Reorg. Plan No. 2, Sec. 2, eff. July 1, 1973, 38

F.R. 15932, 87 Stat. 1091, set out in the Appendix to Title 5,

Government Organization and Employees. The transfer was negated by

section 1(a)(1), (b) of Pub. L. 93-253, Mar. 16, 1974, 88 Stat. 50,

which repealed section 2 of 1973 Reorg. Plan No. 2, eff. July 1,

1973.

Functions of all other officers of Department of Justice and

functions of all agencies and employees of such Department, with a

few exceptions, transferred to Attorney General, with power vested

in him to authorize their performance or performance of any of his

functions by any of such officers, agencies, and employees, by 1950

Reorg. Plan No. 2, Sec. 1, 2, eff. May 24, 1950, 15 F.R. 3173, 64

Stat. 1261, set out in the Appendix to Title 5. See sections 509

and 510 of Title 28, Judiciary and Judicial Procedure.

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.

-MISC5-

HISTORY OF IMMIGRATION AND NATURALIZATION AGENCIES

Ex. Ord. No. 6166, Sec. 14, June 10, 1933, set out as a note

under section 901 of Title 5, Government Organization and

Employees, consolidated the two formerly separate bureaus known as

the Bureau of Immigration and the Bureau of Naturalization to form

the Immigration and Naturalization Service under a Commissioner of

Immigration and Naturalization. See note set out under section 1551

of this title.

-CITE-

8 USC SUBCHAPTER II - IMMIGRATION SERVICES AND

INFRASTRUCTURE IMPROVEMENTS 01/06/03

-EXPCITE-

TITLE 8 - ALIENS AND NATIONALITY

CHAPTER 13 - IMMIGRATION AND NATURALIZATION SERVICE

SUBCHAPTER II - IMMIGRATION SERVICES AND INFRASTRUCTURE

IMPROVEMENTS

.

-HEAD-

SUBCHAPTER II - IMMIGRATION SERVICES AND INFRASTRUCTURE

IMPROVEMENTS

-CITE-

8 USC Sec. 1571 01/06/03

-EXPCITE-

TITLE 8 - ALIENS AND NATIONALITY

CHAPTER 13 - IMMIGRATION AND NATURALIZATION SERVICE

SUBCHAPTER II - IMMIGRATION SERVICES AND INFRASTRUCTURE

IMPROVEMENTS

-HEAD-

Sec. 1571. Purposes

-STATUTE-

(a) Purposes

The purposes of this subchapter are to -

(1) provide the Immigration and Naturalization Service with the

mechanisms it needs to eliminate the current backlog in the

processing of immigration benefit applications within 1 year

after October 17, 2000, and to maintain the elimination of the

backlog in future years; and

(2) provide for regular congressional oversight of the

performance of the Immigration and Naturalization Service in

eliminating the backlog and processing delays in immigration

benefits adjudications.

(b) Policy

It is the sense of Congress that the processing of an immigration

benefit application should be completed not later than 180 days

after the initial filing of the application, except that a petition

for a nonimmigrant visa under section 1184(c) of this title should

be processed not later than 30 days after the filing of the

petition.

-SOURCE-

(Pub. L. 106-313, title II, Sec. 202, Oct. 17, 2000, 114 Stat.

1262.)

-MISC1-

SHORT TITLE

For short title of title II of Pub. L. 106-313, which enacted

this subchapter, as the ''Immigration Services and Infrastructure

Improvements Act of 2000'', see section 201 of Pub. L. 106-313, set

out as a Short Title of 2000 Amendment note under section 1551 of

this title.

-TRANS-

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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1574 of this title.

-CITE-

8 USC Sec. 1572 01/06/03

-EXPCITE-

TITLE 8 - ALIENS AND NATIONALITY

CHAPTER 13 - IMMIGRATION AND NATURALIZATION SERVICE

SUBCHAPTER II - IMMIGRATION SERVICES AND INFRASTRUCTURE

IMPROVEMENTS

-HEAD-

Sec. 1572. Definitions

-STATUTE-

In this subchapter:

(1) Backlog

The term ''backlog'' means, with respect to an immigration

benefit application, the period of time in excess of 180 days

that such application has been pending before the Immigration and

Naturalization Service.

(2) Immigration benefit application

The term ''immigration benefit application'' means any

application or petition to confer, certify, change, adjust, or

extend any status granted under the Immigration and Nationality

Act (8 U.S.C. 1101 et seq.).

-SOURCE-

(Pub. L. 106-313, title II, Sec. 203, Oct. 17, 2000, 114 Stat.

1263.)

-REFTEXT-

REFERENCES IN TEXT

The Immigration and Nationality Act, referred to in par. (2), is

act June 27, 1952, ch. 477, 66 Stat. 163, as amended, which is

classified principally to chapter 12 (Sec. 1101 et seq.) of this

title. For complete classification of this Act to the Code, see

Short Title note set out under section 1101 of this title and

Tables.

-TRANS-

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.

-CITE-

8 USC Sec. 1573 01/06/03

-EXPCITE-

TITLE 8 - ALIENS AND NATIONALITY

CHAPTER 13 - IMMIGRATION AND NATURALIZATION SERVICE

SUBCHAPTER II - IMMIGRATION SERVICES AND INFRASTRUCTURE

IMPROVEMENTS

-HEAD-

Sec. 1573. Immigration services and infrastructure improvement

account

-STATUTE-

(a) Authority of the Attorney General

The Attorney General shall take such measures as may be necessary

to -

(1) reduce the backlog in the processing of immigration benefit

applications, with the objective of the total elimination of the

backlog 1 year after November 25, 2002;

(2) make such other improvements in the processing of

immigration benefit applications as may be necessary to ensure

that a backlog does not develop after such date; and

(3) make such improvements in infrastructure as may be

necessary to effectively provide immigration services.

(b) Authorization of appropriations

(1) In general

There is authorized to be appropriated to the Department of

Justice from time to time such sums as may be necessary for the

Attorney General to carry out subsection (a) of this section.

(2) Designation of account in treasury

Amounts appropriated pursuant to paragraph (1) may be referred

to as the ''Immigration Services and Infrastructure Improvements

Account''.

(3) Availability of funds

Amounts appropriated pursuant to paragraph (1) are authorized

to remain available until expended.

(4) Limitation on expenditures

None of the funds appropriated pursuant to paragraph (1) may be

expended until the report described in section 1574(a) of this

title has been submitted to Congress.

-SOURCE-

(Pub. L. 106-313, title II, Sec. 204, Oct. 17, 2000, 114 Stat.

1263; Pub. L. 107-296, title IV, Sec. 458, Nov. 25, 2002, 116 Stat.

2201.)

-MISC1-

AMENDMENTS

2002 - Subsec. (a)(1). Pub. L. 107-296 substituted ''1 year after

November 25, 2002;'' for ''not later than one year after October

17, 2000;''.

EFFECTIVE DATE OF 2002 AMENDMENT

Amendment by Pub. L. 107-296 effective 60 days after Nov. 25,

2002, see section 4 of Pub. L. 107-296, set out as an Effective

Date note under section 101 of Title 6, Domestic Security.

-TRANS-

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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1574 of this title; title

6 section 271.

-CITE-

8 USC Sec. 1574 01/06/03

-EXPCITE-

TITLE 8 - ALIENS AND NATIONALITY

CHAPTER 13 - IMMIGRATION AND NATURALIZATION SERVICE

SUBCHAPTER II - IMMIGRATION SERVICES AND INFRASTRUCTURE

IMPROVEMENTS

-HEAD-

Sec. 1574. Reports to Congress

-STATUTE-

(a) Backlog elimination plan

(1) Report required

Not later than 90 days after October 17, 2000, the Attorney

General shall submit a report to the Committees on the Judiciary

and Appropriations of the Senate and the House of Representatives

concerning -

(A) the backlogs in immigration benefit applications in

existence as of October 17, 2000; and

(B) the Attorney General's plan for eliminating such

backlogs.

(2) Report elements

The report shall include -

(A) an assessment of the data systems used in adjudicating

and reporting on the status of immigration benefit

applications, including -

(i) a description of the adequacy of existing computer

hardware, computer software, and other mechanisms to comply

with the adjudications and reporting requirements of this

subchapter; and

(ii) a plan for implementing improvements to existing data

systems to accomplish the purpose of this subchapter, as

described in section 1571(a) of this title;

(B) a description of the quality controls to be put into

force to ensure timely, fair, accurate, and complete processing

and adjudication of such applications;

(C) the elements specified in subsection (b)(2) of this

section;

(D) an estimate of the amount of appropriated funds that

would be necessary in order to eliminate the backlogs in each

category of immigration benefit applications described in

subsection (b)(2) of this section; and

(E) a detailed plan on how the Attorney General will use any

funds in the Immigration Services and Infrastructure

Improvements Account to comply with the purposes of this

subchapter.

(b) Annual reports

(1) In general

Beginning 90 days after the end of the first fiscal year for

which any appropriation authorized by section 1573(b) of this

title is made, and 90 days after the end of each fiscal year

thereafter, the Attorney General shall submit a report to the

Committees on the Judiciary and Appropriations of the Senate and

the House of Representatives concerning the status of -

(A) the Immigration Services and Infrastructure Improvements

Account including any unobligated balances of appropriations in

the Account; and

(B) the Attorney General's efforts to eliminate backlogs in

any immigration benefit application described in paragraph (2).

(2) Report elements

The report shall include -

(A) State-by-State data on -

(i) the number of naturalization cases adjudicated in each

quarter of each fiscal year;

(ii) the average processing time for naturalization

applications;

(iii) the number of naturalization applications pending for

up to 6 months, 12 months, 18 months, 24 months, 36 months,

and 48 months or more;

(iv) estimated processing times adjudicating newly

submitted naturalization applications;

(v) an analysis of the appropriate processing times for

naturalization applications; and

(vi) the additional resources and process changes needed to

eliminate the backlog for naturalization adjudications;

(B) the status of applications or, where applicable,

petitions described in subparagraph (C), by Immigration and

Naturalization Service district, including -

(i) the number of cases adjudicated in each quarter of each

fiscal year;

(ii) the average processing time for such applications or

petitions;

(iii) the number of applications or petitions pending for

up to 6 months, 12 months, 18 months, 24 months, 36 months,

and 48 months or more;

(iv) the estimated processing times adjudicating newly

submitted applications or petitions;

(v) an analysis of the appropriate processing times for

applications or petitions; and

(vi) a description of the additional resources and process

changes needed to eliminate the backlog for such processing

and adjudications; and

(C) a status report on -

(i) applications for adjustments of status to that of an

alien lawfully admitted for permanent residence;

(ii) petitions for nonimmigrant visas under section 1184 of

this title;

(iii) petitions filed under section 1154 of this title to

classify aliens as immediate relatives or preference

immigrants under section 1153 of this title;

(iv) applications for asylum under section 1158 of this

title;

(v) registrations for Temporary Protected Status under

section 1254a of this title; and

(vi) a description of the additional resources and process

changes needed to eliminate the backlog for such processing

and adjudications.

(3) Absence of appropriated funds

In the event that no funds are appropriated subject to section

1573(b) of this title in the fiscal year in which this Act is

enacted, the Attorney General shall submit a report to Congress

not later than 90 days after the end of such fiscal year, and

each fiscal year thereafter, containing the elements described in

paragraph (2).

-SOURCE-

(Pub. L. 106-313, title II, Sec. 205, Oct. 17, 2000, 114 Stat.

1263.)

-REFTEXT-

REFERENCES IN TEXT

The fiscal year in which this Act is enacted, referred to in

subsec. (b)(3), is the fiscal year in which Pub. L. 106-313, which

was approved Oct. 17, 2000, was enacted.

-TRANS-

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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1573 of this title.

-CITE-