Laws: Cases and Codes : U.S. Code : Title 8 : Section 1103
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U.S. Code as of:
01/03/05
Section 1103 - Notes
SOURCE
(June 27, 1952, ch. 477, title I, Sec. 103, 66 Stat. 173; Pub. L.
100-525, Sec. 9(c), Oct. 24, 1988, 102 Stat. 2619; Pub. L. 101-649,
title I, Sec. 142, Nov. 29, 1990, 104 Stat. 5004; Pub. L. 104-208,
div. C, title I, Secs. 102(d), 125, 134(a), title III, Secs.
308(d)(4)(C), (e)(4), 372, 373, Sept. 30, 1996, 110 Stat. 3009-555,
3009-562, 3009-564, 3009-618, 3009-620, 3009-646, 3009-647; Pub. L.
107-296, title XI, Sec. 1102, Nov. 25, 2002, 116 Stat. 2273; Pub.
L. 108-7, div. L, Sec. 105(a)(1), (2), Feb. 20, 2003, 117 Stat.
531; Pub. L. 108-458, title V, Sec. 5505(a), Dec. 17, 2004, 118
Stat. 3741.)
REFERENCES IN TEXT
The Immigration Reform, Accountability and Security Enhancement
Act of 2002, referred to in subsec. (g)(1), was S. 2444 of the
107th Congress, as introduced on May 2, 2002, which was not enacted
into law. Provisions relating to the Executive Office for
Immigration Review are contained in section 521 of Title 6,
Domestic Security.
CODIFICATION
"Section 3113 of title 40" substituted in subsec. (b)(3) for "the
Act of August 1, 1888 (Chapter 728; 25 Stat. 357)" on authority of
Pub. L. 107-217, Sec. 5(c), Aug. 21, 2002, 116 Stat. 1303, the
first section of which enacted Title 40, Public Buildings,
Property, and Works.
AMENDMENTS
2004 - Subsec. (h). Pub. L. 108-458 added subsec. (h).
2003 - Subsec. (a). Pub. L. 108-7, Sec. 105(a)(1), amended Pub.
L. 107-296, Sec. 1102(2). See 2002 Amendment notes below.
Pub. L. 108-7, Sec. 105(a)(2), which directed the amendment of
Pub. L. 107-296, was executed to section 1102(2) of Pub. L.
107-296, to reflect the probable intent of Congress. See 2002
Amendment notes below.
2002 - Pub. L. 107-296, Sec. 1102(1), amended section catchline
generally.
Subsec. (a). Pub. L. 107-296, Sec. 1102(2)(A), as added by Pub.
L. 108-7, Sec. 105(a)(1), which directed the substitution of
"Secretary of Homeland Security" for "Attorney General" in heading,
was executed by inserting "Secretary of Homeland Security" as
heading, to reflect the probable intent of Congress.
Subsec. (a)(1). Pub. L. 107-296, Sec. 1102(2)(B), as added by
Pub. L. 108-7, Sec. 105(a)(1), substituted "The Secretary of
Homeland Security" for "The Attorney General".
Pub. L. 107-296, Sec. 1102(2)(C), formerly Sec. 1102(2)(A), as
redesignated by Pub. L. 108-7, Sec. 105(a)(2), inserted "Attorney
General," after "President,". See 2003 Amendment note above.
Subsec. (a)(8) to (11). Pub. L. 107-296, Sec. 1102(2)(D),
formerly Sec. 1102(2)(B), as redesignated by Pub. L. 108-7, Sec.
105(a)(2), redesignated par. (8), relating to Attorney General
authorization of State and local law enforcement officers in event
of mass influx of aliens arriving, and par. (9), relating to
Attorney General authority to support administrative detention of
persons in non-Federal institutions, as pars. (10) and (11),
respectively. See 2003 Amendment note above.
Subsec. (g). Pub. L. 107-296, Sec. 1102(3), added subsec. (g).
1996 - Subsec. (a). Pub. L. 104-208, Sec. 372(1), (2), inserted
"(1)" before first sentence and designated each sentence after the
first sentence, which included second through ninth sentences, as a
separate par. with appropriate consecutive numbering and initial
indentation.
Pub. L. 104-208, Sec. 125, inserted at end "After consultation
with the Secretary of State, the Attorney General may authorize
officers of a foreign country to be stationed at preclearance
facilities in the United States for the purpose of ensuring that
persons traveling from or through the United States to that foreign
country comply with that country's immigration and related laws.
Those officers may exercise such authority and perform such duties
as United States immigration officers are authorized to exercise
and perform in that foreign country under reciprocal agreement, and
they shall enjoy such reasonable privileges and immunities
necessary for the performance of their duties as the government of
their country extends to United States immigration officers."
Subsec. (a)(8). Pub. L. 104-208, Sec. 372(3), added at end par.
(8) relating to Attorney General authorization of State and local
law enforcement officers in event of mass influx of aliens
arriving.
Subsec. (a)(9). Pub. L. 104-208, Sec. 373(1), added at end par.
(9) relating to Attorney General authority to support
administrative detention of persons in non-Federal institutions.
Subsec. (b). Pub. L. 104-208, Sec. 102(d)(1)(B), added subsec.
(b). Former subsec. (b) redesignated (c).
Subsec. (c). Pub. L. 104-208, Sec. 373(2), inserted at end "The
Commissioner may enter into cooperative agreements with State and
local law enforcement agencies for the purpose of assisting in the
enforcement of the immigration laws."
Pub. L. 104-208, Sec. 102(d)(1)(A), redesignated subsec. (b) as
(c). Former subsec. (c) redesignated (d).
Subsec. (d). Pub. L. 104-208, Sec. 102(d)(1)(A), redesignated
subsec. (c) as (d). Former subsec. (d) redesignated (e).
Subsec. (d)(2). Pub. L. 104-208, Sec. 308(e)(4), which directed
amendment of subsec. (c)(2) by substituting "cancellation of
removal" for "suspension of deportation", was executed by making
the substitution in subsec. (d)(2) to reflect the probable intent
of Congress and the redesignation of subsec. (c) as (d) by Pub. L.
104-208, Sec. 102(d)(1)(A). See above.
Pub. L. 104-208, Sec. 308(d)(4)(C), which directed amendment of
subsec. (c)(2) by substituting "not been admitted or have been
removed" for "been excluded or deported", was executed by making
the substitution in subsec. (d)(2) to reflect the probable intent
of Congress and the redesignation of subsec. (c) as (d) by Pub. L.
104-208, Sec. 102(d)(1)(A). See above.
Subsec. (e). Pub. L. 104-208, Sec. 102(d)(2), substituted
"subsection (d)" for "subsection (c)" in par. (1).
Pub. L. 104-208, Sec. 102(d)(1)(A), redesignated subsec. (d) as
(e).
Subsec. (f). Pub. L. 104-208, Sec. 134(a), added subsec. (f).
1990 - Subsecs. (c), (d). Pub. L. 101-649 added subsecs. (c) and
(d).
1988 - Subsec. (a). Pub. L. 100-525, Sec. 9(c)(1), substituted
"instructions" for "intructions" and amended fourth sentence
generally. Prior to amendment, fourth sentence read as follows: "He
is authorized, in accordance with the civil-service laws and
regulations and the Classification Act of 1949, to appoint such
employees of the Service as he deems necessary, and to delegate to
them or to any officer or employee of the Department of Justice in
his discretion any of the duties and powers imposed upon him in
this chapter; he may require or authorize any employee of the
Service or the Department of Justice to perform or exercise any of
the powers, privileges, or duties conferred or imposed by this
chapter or regulations issued thereunder upon any other employee of
the Service."
Subsec. (b). Pub. L. 100-525, Sec. 9(c)(2), struck out provision
that Commissioner was to receive compensation at rate of $17,500
per annum.
ABOLITION OF IMMIGRATION AND NATURALIZATION SERVICE AND TRANSFER OF
FUNCTIONS
For abolition of Immigration and Naturalization Service, transfer
of functions, and treatment of related references, see note set out
under section 1551 of this title.
FINGERPRINT CARDS
Pub. L. 105-119, title I, Nov. 26, 1997, 111 Stat. 2448, provided
in part: "That beginning seven calendar days after the enactment of
this Act [Nov. 26, 1997] and for each fiscal year thereafter, none
of the funds appropriated or otherwise made available to the
Immigration and Naturalization Service may be used by the
Immigration and Naturalization Service to accept, for the purpose
of conducting criminal background checks on applications for any
benefit under the Immigration and Nationality Act [8 U.S.C. 1101 et
seq.], any FD-258 fingerprint card which has been prepared by or
received from any individual or entity other than an office of the
Immigration and Naturalization Service with the following
exceptions: (1) State and local law enforcement agencies; and (2)
United States consular offices at United States embassies and
consulates abroad under the jurisdiction of the Department of State
or United States military offices under the jurisdiction of the
Department of Defense authorized to perform fingerprinting services
to prepare FD-258 fingerprint cards for applicants residing abroad
applying for immigration benefits".
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