Legislación
US (United States) Code. Title 8. Chapter 13: Immigration and Naturalization Service
-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.
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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-
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Enviado por: | El remitente no desea revelar su nombre |
Idioma: | inglés |
País: | Estados Unidos |