ation of eligibility if the notice under this section is not provided. REPORT ON ALIENS GRANTED REFUGEE STATUS OR ASYLUM DUE TO PERSECUTION FOR RESISTANCE TO COERCIVE POPULATION CONTROL METHODS Section 601(a)(2) of div. C of Pub. L. 104208 provided that: Not later than 90 days after the end of each fiscal year, the Attorney General shall submit a report to the Committee on the Judiciary of the House of Representatives and the Committee on the Judiciary of the Senate describing the number and countries of origin of aliens granted refugee status or asylum under determinations pursuant to the amendment made by paragraph (1) [amending this section]. Each such report shall also contain projections regarding the number and countries of origin of aliens that are likely to be granted refugee status or asylum for the subsequent 2 fiscal years. SENSE OF CONGRESS REGARDING AMERICAN-MADE PRODUCTS; REQUIREMENTS FOR NOTICE Section 648 of div. C of Pub. L. 104208 provided that: (a) PURCHASE OF AMERICAN-MADE EQUIPMENT AND PRODUCTS.It is the sense of the Congress that, to the greatest extent practicable, all equipment and products purchased with funds made available under this division [see Tables for classification] should be Americanmade. (b) NOTICE TO RECIPIENTS OF GRANTS.In providing grants under this division, the Attorney General, to the greatest extent practicable, shall provide to each recipient of a grant a notice describing the statement made in subsection (a) by the Congress. IMPROVING BORDER CONTROLS Section 130006 of Pub. L. 103322 provided that: (a) AUTHORIZATION OF APPROPRIATIONS.There are authorized to be appropriated for the Immigration and Naturalization Service to increase the resources for the Border Patrol, the Inspections Program, and the Deportation Branch to apprehend illegal aliens who attempt clandestine entry into the United States or entry into the United States with fraudulent documents or who remain in the country after their nonimmigrant visas expire (1) $228,000,000 for fiscal year 1995; (2) $185,000,000 for fiscal year 1996; (3) $204,000,000 for fiscal year 1997; and (4) $58,000,000 for fiscal year 1998. Of the sums authorized in this section, all necessary funds shall, subject to the availability of appropriations, be allocated to increase the number of agent positions (and necessary support personnel positions) in the Border Patrol by not less than 1,000 full-time equivalent positions in each of fiscal years 1995, 1996, 1997, and 1998 beyond the number funded as of October 1, 1994. (b) REPORT.By September 30, 1996 and September 30, 1998, the Attorney General shall report to the Congress on the programs described in this section. The report shall include an evaluation of the programs, an outcome-based measurement of performance, and an analysis of the cost effectiveness of the additional resources provided under this Act [see Tables for classification]. VISAS FOR OFFICIALS OF TAIWAN Section 221 of Pub. L. 103416, as amended by Pub. L. 104208, div. C, title III, 308(d)(3)(E), title VI, 671(b)(12), Sept. 30, 1996, 110 Stat. 3009617, 3009722, provided that: Whenever the President of Taiwan or any other high-level official of Taiwan shall apply to visit the United States for the purposes of discussions with United States Federal or State government officials concerning (1) trade or business with Taiwan that will reduce the United States-Taiwan trade deficit, (2) prevention of nuclear proliferation,

(e) LIMITATION. (1) The Secretary may add or retain in such system or list the names of aliens who are not inadmissible only if they are included for otherwise authorized law enforcement purposes or other lawful purposes of the Department of State. A name included for other lawful purposes under this paragraph shall include a notation which clearly and distinctly indicates that such person is not presently inadmissible. The Secretary of State shall adopt procedures to ensure that visas are not denied to such individuals for any reason not set forth in the Immigration and Nationality Act [8 U.S.C. 1101 et seq.]. (2) The Secretary shall publish in the Federal Register regulations and standards concerning maintenance and use by the Department of State of systems and lists for purposes described in paragraph (1). (3) Nothing in this section may be construed as creating new authority or expanding any existing authority for any activity not otherwise authorized by law. (f) DEFINITION.As used in this section the term appropriate congressional committees means the Committee on the Judiciary and the Committee on Foreign Affairs of the House of Representatives and the Committee on the Judiciary and the Committee on Foreign Relations of the Senate. CHANGES IN LABOR CERTIFICATION PROCESS Section 122 of Pub. L. 101649, as amended by Pub. L. 103416, title II, 219(ff), Oct. 25, 1995, 108 Stat. 4319, provided that: [(a) Repealed. Pub. L. 103416, title II, 219(ff), Oct. 25, 1994, 108 Stat. 4319.] (b) NOTICE IN LABOR CERTIFICATIONS.The Secretary of Labor shall provide, in the labor certification process under section 212(a)(5)(A) of the Immigration and Nationality Act [8 U.S.C. 1182(a)(5)(A)], that (1) no certification may be made unless the applicant for certification has, at the time of filing the application, provided notice of the filing (A) to the bargaining representative (if any) of the employers employees in the occupational classification and area for which aliens are sought, or (B) if there is no such bargaining representative, to employees employed at the facility through posting in conspicuous locations; and (2) any person may submit documentary evidence bearing on the application for certification (such as information on available workers, information on wages and working conditions, and information on the employers failure to meet terms and conditions with respect to the employment of alien workers and co-workers). REVIEW OF EXCLUSION LISTS Section 601(c) of Pub. L. 101649, as amended by Pub. L. 104208, div. C, title III, 308(d)(3)(B), (f)(1)(Q), Sept. 30, 1996, 110 Stat. 3009617, 3009621, provided that: The Attorney General and the Secretary of State shall develop protocols and guidelines for updating lookout books and the automated visa lookout system and similar mechanisms for the screening of aliens applying for visas for admission, or for admission, to the United States. Such protocols and guidelines shall be developed in a manner that ensures that in the case of an alien (1) whose name is in such system, and (2) who either (A) applies for admission after the effective date of the amendments made by this section [see Effective Date of 1990 Amendment note above], or (B) requests (in writing to a local consular office after such date) a review, without seeking admission, of the aliens continued inadmissibility under the Immigration and Nationality Act [8 U.S.C. 1101 et seq.], if the alien is no longer inadmissible because of an amendment made by this section the aliens name shall be removed from such books and system and the alien

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cial aircraft is a corporation that is organized under the laws of any of the States of the United States or the District of Columbia and is accredited by or a member of a national organization that sets business aviation standards. The Attorney General shall prescribe by regulation the provision of such information as the Attorney General deems necessary to identify the domestic corporation, its officers, employees, shareholders, its place of business, and its business activities. (B) Collections In addition to any other fee authorized by law, the Attorney General is authorized to charge and collect, on a periodic basis, an amount from each domestic corporation conducting operations under part 91 of title 14, Code of Federal Regulations, for nonimmigrant visa waiver admissions on noncommercial aircraft owned or operated by such domestic corporation equal to the total amount of fees assessed for issuance of nonimmigrant visa waiver arrival/departure forms at land border ports of entry. All fees collected under this paragraph shall be deposited into the Immigration User Fee Account established under section 1356(h) of this title. (f) Duration and termination of designation (1) In general (A) Determination and notification of disqualification rate Upon determination by the Attorney General that a program countrys disqualification rate is 2 percent or more, the Attorney General shall notify the Secretary of State. (B) Probationary status If the program countrys disqualification rate is greater than 2 percent but less than 3.5 percent, the Attorney General shall place the program country in probationary status for a period not to exceed 2 full fiscal years following the year in which the determination under subparagraph (A) is made. (C) Termination of designation Subject to paragraph (3), if the program countrys disqualification rate is 3.5 percent or more, the Attorney General shall terminate the countrys designation as a program country effective at the beginning of the second fiscal year following the fiscal year in which the determination under subparagraph (A) is made. (2) Termination of probationary status (A) In general If the Attorney General determines at the end of the probationary period described in paragraph (1)(B) that the program country placed in probationary status under such paragraph has failed to develop a machinereadable passport program as required by section 3 (c)(2)(C) of this section, or has a disqualification rate of 2 percent or more, the Attorney General shall terminate the des3 So
ignation of the country as a program country. If the Attorney General determines that the program country has developed a machine-readable passport program and has a disqualification rate of less than 2 percent, the Attorney General shall redesignate the country as a program country. (B) Effective date A termination of the designation of a country under subparagraph (A) shall take effect on the first day of the first fiscal year following the fiscal year in which the determination under such subparagraph is made. Until such date, nationals of the country shall remain eligible for a waiver under subsection (a) of this section. (3) Nonapplicability of certain provisions Paragraph (1)(C) shall not apply unless the total number of nationals of a program country described in paragraph (4)(A) exceeds 100. (4) Disqualification rate defined For purposes of this subsection, the term disqualification rate means the percentage which (A) the total number of nationals of the program country who were (i) denied admission at the time of arrival or withdrew their application for admission during the most recent fiscal year for which data are available; and (ii) admitted as nonimmigrant visitors during such fiscal year and who violated the terms of such admission; bears to (B) the total number of nationals of such country who applied for admission as nonimmigrant visitors during such fiscal year. (5) Failure to report passport thefts If the Secretary of Homeland Security and the Secretary of State jointly determine that the program country is not reporting the theft or loss of passports, as required by subsection (c)(2)(D) of this section, the Secretary of Homeland Security shall terminate the designation of the country as a program country. (g) Visa application sole method to dispute denial of waiver based on a ground of inadmissibility In the case of an alien denied a waiver under the program by reason of a ground of inadmissibility described in section 1182(a) of this title that is discovered at the time of the aliens application for the waiver or through the use of an automated electronic database required under subsection (a)(9) of this section, the alien may apply for a visa at an appropriate consular office outside the United States. There shall be no other means of administrative or judicial review of such a denial, and no court or person otherwise shall have jurisdiction to consider any claim attacking the validity of such a denial. (h) Use of information technology systems (1) Automated entry-exit control system (A) System Not later than October 1, 2001, the Attorney General shall develop and implement a fully automated entry and exit control sys-

retary notifies, with respect to the House of Representatives, the Committee on Homeland Security, the Committee on the Judiciary, the Committee on Foreign Affairs, and the Committee on Appropriations, and with respect to the Senate, the Committee on Homeland Security and Governmental Affairs, the Committee on the Judiciary, the Committee on Foreign Relations, and the Committee on Appropriations not later than 30 days before the effective date of such waiver. Subsec. (f)(5). Pub. L. 11053, 711(d)(1)(D), substituted Secretary of Homeland Security for Attorney General in two places and theft or loss of passports for theft of blank passports. Subsec. (h)(3). Pub. L. 11053, 711(d)(1)(E), added par. (3). Subsec. (i). Pub. L. 11053, 711(d)(1)(F), added subsec. (i). 2002Subsec. (c)(2)(D). Pub. L. 107173, 307(a)(1), added subpar. (D). Subsec. (c)(5)(A)(i). Pub. L. 107173, 307(a)(2), substituted 2 years for 5 years in introductory provisions. Subsec. (f)(5). Pub. L. 107173, 307(a)(3), added par. (5). 2001Subsec. (a)(3). Pub. L. 10756, 417(d), which directed the substitution of (A) IN GENERAL.Except as provided in subparagraph (B), on or after for On or after and the addition of subpar. (B), was executed making the substitution for On and after and adding subpar. (B) to reflect the probable intent of Congress. Pub. L. 10756, 417(c), substituted 2003, for 2007,. 2000Pub. L. 106396, 101(a)(1), in section catchline struck out pilot before program. Subsec. (a). Pub. L. 106396, 101(a)(2)(A), (B), 403(c), struck out pilot before program in heading and two places in introductory provisions and inserted concluding provisions. Subsec. (a)(1). Pub. L. 106396, 101(a)(2)(C), substituted program for pilot program period (as defined in subsection (e) of this section). Subsec. (a)(2). Pub. L. 106396, 101(a)(2)(D), in heading struck out pilot before program. Subsec. (a)(2)(A). Pub. L. 106396, 201, inserted , either on its own or in conjunction with one or more other countries that are described in subparagraph (B) and that have established with it a common area for immigration admissions, after to extend). Subsec. (a)(3), (4). Pub. L. 106396, 202(a), added par. (3) and redesignated former par. (3) as (4). Former par. (4) redesignated (5). Subsec. (a)(5). Pub. L. 106396, 403(a), substituted , including any carrier conducting operations under part 135 of title 14, Code of Federal Regulations, or a noncommercial aircraft that is owned or operated by a domestic corporation conducting operations under part 91 of title 14, Code of Federal Regulations which has entered into an agreement with the Attorney General pursuant to subsection (e) of this section. The Attorney General is authorized to require a carrier conducting operations under part 135 of title 14, Code of Federal Regulations, or a domestic corporation conducting operations under part 91 of that title, to give suitable and proper bond, in such reasonable amount and containing such conditions as the Attorney General may deem sufficient to ensure compliance with the indemnification requirements of this section, as a term of such an agreement for which has entered into an agreement with the Service to guarantee transport of the alien out of the United States if the alien is found inadmissible or deportable by an immigration officer. Pub. L. 106396, 202(a)(1), redesignated par. (4) as (5). Former par. (5) redesignated (6). Subsec. (a)(6), (7). Pub. L. 106396, 202(a)(1), designated pars. (5) and (6) as (6) and (7), respectively. Former par. (7) redesignated (8). Subsec. (a)(8). Pub. L. 106396, 403(b), inserted or the alien is arriving at the port of entry on an aircraft operated under part 135 of title 14, Code of Federal Regulations, or a noncommercial aircraft that is owned or operated by a domestic corporation conducting oper-

Subsec. (d)(5). Pub. L. 104208, 374(a)(3), added par. (5). 1994Pub. L. 103322, 130004(c)(1), struck out procedures for after Expedited in section catchline. Subsec. (a)(1). Pub. L. 103322, 130004(c)(2), substituted subsec. heading for one which read In general, redesignated existing subsec. (a) as par. (1) of subsec. (a), and inserted heading. Subsec. (a)(2). Pub. L. 103322, 130004(c)(3), redesignated subsec. (b) as par. (2) of subsec. (a). Subsec. (a)(3). Pub. L. 103322, 130004(c)(5), redesignated subsec. (d) as par. (3) of subsec. (a), and redesignated pars. (1) and (2) of former subsec. (d) as subpars. (A) and (B), respectively, of subsec. (a)(3). Subsec. (a)(4). Pub. L. 103322, 130004(c)(6), redesignated subsec. (e) as par. (4) of subsec. (a), redesignated par. (1) of former subsec. (e) as subpar. (A) of subsec. (a)(4) and struck out at end Within 12 months after the effective date of this section, the Attorney General shall submit a report to the Committees on the Judiciary of the House of Representatives and of the Senate concerning the effectiveness of such deportation proceedings in facilitating the deportation of aliens convicted of aggravated felonies., and redesignated par. (2) of former subsec. (e) as subpar. (B) of subsec. (a)(4). Subsec. (b). Pub. L. 103322, 130004(a), added subsec. (b). Former subsec. (b) redesignated par. (2) of subsec. (a). Subsec. (b)(4)(D), (E). Pub. L. 103416, 223(a), struck out the determination of deportability is supported by clear, convincing, and unequivocal evidence and before a record is in subpar. (D) and substituted adjudicated for entered in subpar. (E). Subsec. (c). Pub. L. 103322, 130004(c)(4), struck out heading and text of subsec. (c). Prior to amendment, text read as follows: An alien convicted of an aggravated felony shall be conclusively presumed to be deportable from the United States. Subsec. (d). Pub. L. 103416, 224(a), added subsec. (d). Pub. L. 103322, 130004(c)(5), redesignated subsec. (d) as par. (3) of subsec. (a). Subsec. (e). Pub. L. 103322, 130004(c)(6), redesignated subsec. (e) as par. (4) of subsec. (a). 1991Subsec. (a). Pub. L. 102232 inserted closing parenthesis before period at end of first sentence. 1990Subsec. (d)(2). Pub. L. 101649 struck out before period at end , unless the chief prosecutor or the judge in whose jurisdiction conviction occurred submits a written request to the Attorney General that such alien be so deported. EFFECTIVE DATE OF 1996 AMENDMENTS Section 304(c)(2) of div. C of Pub. L. 104208 provided that: The amendments made by paragraph (1) [amending this section] shall be effective as if included in the enactment of section 442(a) of Public Law 104132. Amendment by section 308(b)(5), (c)(1), (4)(A), (e)(1)(F), (2)(D), (10), (g)(1), (2)(A), (C), (5)(A)(ii), (C), (D), (10)(H) of Pub. L. 104208 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. 104208, set out as a note under section 1101 of this title. Section 306(d) of div. C of Pub. L. 104208 provided that the amendment made by that section is effective as if included in the enactment of the Antiterrorism and Effective Death Penalty Act of 1996, Pub. L. 104132. Section 374(c) of div. C of Pub. L. 104208 provided that: The amendment made by subsection (a)(2) [amending this section] shall be effective as if included in the enactment of section 224(a) of the Immigration and Nationality Technical Corrections Act of 1994 [Pub. L. 103416]. Amendment by section 671(b)(13) of Pub. L. 104208 effective as if included in the enactment of the Immigration and Nationality Technical Corrections Act of 1994, Pub. L. 103416, see section 671(b)(14) of Pub. L. 104208, set out as a note under section 1101 of this title. Amendment by section 671(c)(5), (6) of Pub. L. 104208 effective as if included in the enactment of subtitle A

1253. Penalties related to removal (a) Penalty for failure to depart (1) In general Any alien against whom a final order of removal is outstanding by reason of being a member of any of the classes described in section 1227(a) of this title, who (A) willfully fails or refuses to depart from the United States within a period of 90 days from the date of the final order of removal under administrative processes, or if judicial review is had, then from the date of the final order of the court, (B) willfully fails or refuses to make timely application in good faith for travel or other documents necessary to the aliens departure, (C) connives or conspires, or takes any other action, designed to prevent or hamper or with the purpose of preventing or hampering the aliens departure pursuant to such, or (D) willfully fails or refuses to present himself or herself for removal at the time and place required by the Attorney General pursuant to such order, shall be fined under title 18, or imprisoned not more than four years (or 10 years if the alien is a member of any of the classes described in paragraph (1)(E), (2), (3), or (4) of section 1227(a) of this title), or both. (2) Exception It is not a violation of paragraph (1) to take any proper steps for the purpose of securing cancellation of or exemption from such order of removal or for the purpose of securing the aliens release from incarceration or custody. (3) Suspension The court may for good cause suspend the sentence of an alien under this subsection and
1252b. Repealed. Pub. L. 104208, div. C, title III, 308(b)(6), Sept. 30, 1996, 110 Stat. 3009615
Section, act June 27, 1952, ch. 477, title II, ch. 5, 242B, as added Nov. 29, 1990, Pub. L. 101649, title V, 545(a), 104 Stat. 5061; amended Dec. 12, 1991, Pub. L. 102232, title III, 306(c)(6), 105 Stat. 1753; Oct. 25, 1994, Pub. L. 103416, title II, 219(i), 108 Stat. 4317; Sept. 30, 1996, Pub. L. 104208, div. C, title III, 371(b)(7), 110 Stat. 3009645, related to deportation procedures. See sections 1229 and 1229a of this title. EFFECTIVE DATE OF REPEAL Repeal 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. 104208, set out as an Effective Date of 1996 Amendments note under section 1101 of this title.

REFERENCES IN TEXT The Alien Registration Act, 1940, referred to in subsec. (d), is act June 28, 1940, ch. 439, 54 Stat. 670, as
1304. Forms for registration and fingerprinting (a) Preparation; contents The Attorney General and the Secretary of State jointly are authorized and directed to prepare forms for the registration of aliens under section 1301 of this title, and the Attorney Gen-

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amended. Title III of that act, which related to register and fingerprinting of aliens, was classified to sections 451 to 460 of this title, was repealed by section 403(a)(39) of act June 27, 1952. This chapter, referred to in subsec. (d), was in the original, this Act, meaning act June 27, 1952, ch. 477, 66 Stat. 163, known as the Immigration and Nationality Act, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 1101 of this title and Tables. AMENDMENTS 1996Subsec. (f). Pub. L. 104208 added subsec. (f). 1990Subsec. (b). Pub. L. 101649 inserted (1) pursuant to section 1357(f)(2) of this title, and (2) after only. 1988Subsec. (a). Pub. L. 100525 amended Pub. L. 99653. See 1986 Amendment note below. 1986Subsec. (a). Pub. L. 99653, as amended by Pub. L. 100525, amended first sentence generally, striking out and fingerprinting before of aliens under section 1301. EFFECTIVE DATE OF 1988 AMENDMENT Amendment by Pub. L. 100525 effective as if included in the enactment of the Immigration and Nationality Act Amendments of 1986, Pub. L. 99653, see section 309(b)(15) of Pub. L. 102232, set out as an Effective and Termination Dates of 1988 Amendments note under section 1101 of this title. EFFECTIVE DATE OF 1986 AMENDMENT Amendment by Pub. L. 99653 applicable to applications for immigrant visas made, and visas issued, on or after Nov. 14, 1986, see section 23(b) of Pub. L. 99653, set out as a note under section 1201 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.
1617; Pub. L. 100525, 9(o), Oct. 24, 1988, 102 Stat. 2620.)
AMENDMENTS 1988Pub. L. 100525 inserted Notices of change of address as section catchline. 1981Pub. L. 97116 amended section generally and in adding subsection designations struck out the annual registration requirement for permanent resident aliens and the registration requirement for those aliens in a lawful temporary residence who were to notify the Attorney General in writing of an address every three months while residing in the United States and inserted provision authorizing the Attorney General, in his discretion and upon ten days notice, to require the natives of any one or more foreign states who are in the United States and required to be registered under this subchapter, to notify the Attorney General of their current addresses and furnish such additional information as required. EFFECTIVE DATE OF 1981 AMENDMENT Amendment by Pub. L. 97116 effective Dec. 29, 1981, see section 21(a) of Pub. L. 97116, 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.

under section 274A(b)(2), the individuals identification or authorization number described in subsection (a)(1)(B) shall be provided as part of the inquiry. (d) PROTECTION FROM LIABILITY FOR ACTIONS TAKEN ON THE BASIS OF INFORMATION PROVIDED BY THE CONFIRMATION SYSTEM.No person or entity participating in a pilot program shall be civilly or criminally liable under any law for any action taken in good faith reliance on information provided through the confirmation system. SEC. 404. EMPLOYMENT ELIGIBILITY CONFIRMATION SYSTEM. (a) IN GENERAL.The Secretary of Homeland Security shall establish a pilot program confirmation system through which the Secretary of Homeland Security (or a designee of the Secretary of Homeland Security, which may be a nongovernmental entity) (1) responds to inquiries made by electing persons and other entities (including those made by the transmittal of data from machine-readable documents under the machine-readable pilot program) at any time through a toll-free telephone line or other toll-free electronic media concerning an individuals identity and whether the individual is authorized to be employed, and (2) maintains records of the inquiries that were made, of confirmations provided (or not provided), and of the codes provided to inquirers as evidence of their compliance with their obligations under the pilot programs. To the extent practicable, the Secretary of Homeland Security shall seek to establish such a system using one or more nongovernmental entities. (b) INITIAL RESPONSE.The confirmation system shall provide confirmation or a tentative nonconfirmation of an individuals identity and employment eligibility within 3 working days of the initial inquiry. If providing confirmation or tentative nonconfirmation, the confirmation system shall provide an appropriate code indicating such confirmation or such nonconfirmation. (c) SECONDARY VERIFICATION PROCESS IN CASE OF TENTATIVE NONCONFIRMATION.In cases of tentative nonconfirmation, the Secretary of Homeland Security shall specify, in consultation with the Commissioner of Social Security and the Commissioner of the Immigration and Naturalization Service, an available secondary verification process to confirm the validity of information provided and to provide a final confirmation or nonconfirmation within 10 working days after the date of the tentative nonconfirmation. When final confirmation or nonconfirmation is provided, the confirmation system shall provide an appropriate code indicating such confirmation or nonconfirmation. (d) DESIGN AND OPERATION OF SYSTEM.The confirmation system shall be designed and operated (1) to maximize its reliability and ease of use by persons and other entities making elections under section 402(a) of this division consistent with insulating and protecting the privacy and security of the underlying information; (2) to respond to all inquiries made by such persons and entities on whether individuals are authorized to be employed and to register all times when such inquiries are not received; (3) with appropriate administrative, technical, and physical safeguards to prevent unauthorized disclosure of personal information; and (4) to have reasonable safeguards against the systems resulting in unlawful discriminatory practices based on national origin or citizenship status, including (A) the selective or unauthorized use of the system to verify eligibility; (B) the use of the system prior to an offer of employment; or (C) the exclusion of certain individuals from consideration for employment as a result of a perceived likelihood that additional verification will

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or insurance scheme, to ensure that such nonimmigrants receive appropriate compensation if their employers violate the terms of their employment contracts; and (C) with respect to each proposed compensation approach described in subparagraph (B), an evaluation and proposal describing the proposed processes for (i) adjudicating claims of rights violations; (ii) determining the level of compensation; and (iii) administering the program, fund, or scheme. (e) Assistance to law enforcement investigations The Secretary shall cooperate, to the fullest extent possible consistent with the United States obligations under the Vienna Convention on Diplomatic Relations, done at Vienna, April 18, 1961, (23 U.S.T. 3229),2 with any investigation by United States law enforcement authorities of crimes related to abuse or exploitation of a nonimmigrant holding an A3 visa or a G5 visa. (f) Definitions In this section: (1) A3 visa The term A3 visa means a nonimmigrant visa issued pursuant to section 1101(a)(15)(A)(iii) of this title. (2) G5 visa The term G5 visa means a nonimmigrant visa issued pursuant to section 1101(a)(15)(G)(v) of this title. (3) Secretary The term Secretary means the Secretary of State. (4) Appropriate congressional committees The term appropriate congressional committees means (A) the Committee on Foreign Affairs and the Committee on the Judiciary of the House of Representatives; and (B) the Committee on Foreign Relations and the Committee on the Judiciary of the Senate. (Pub. L. 110457, title II, 203, Dec. 23, 2008, 122 Stat. 5057.)
terminated during the previous fiscal year, but who remained in the United States notwithstanding such termination. (b) Annual report Not later than June 30, 1999, and not later than June 30 of each year thereafter, the Attorney General shall submit an annual report to the Congress providing numerical estimates, for each country for the preceding fiscal year, of the number of aliens from the country who are described in subsection (a) of this section. (Pub. L. 105173, 2, Apr. 27, 1998, 112 Stat. 56.)
CODIFICATION Section was not enacted as part of the Immigration and Nationality Act which comprises this chapter. 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.

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(B) an estimate of the date by which the application will be processed and adjudicated. (h) Annual report The Director of United States Citizenship and Immigration Services shall submit an annual report to the Subcommittee on Immigration, Border Security, and Refugees and the Subcommittee on Homeland Security of the Senate and the Subcommittee on Immigration, Citizenship, Refugees, Border Security, and International Law and the Subcommittee on Homeland Security of the House of Representatives that identifies every application filed under subsection (a), subsection (b) or (d) of section 1430 of this title, section 1440(a) of this title, or section 14401 of this title that is not processed and adjudicated within 1 year after it was filed due to delays in conducting required background checks. (June 27, 1952, ch. 477, title III, ch. 2, 328, 66 Stat. 249; Pub. L. 90633, 5, Oct. 24, 1968, 82 Stat. 1344; Pub. L. 97116, 15(e), Dec. 29, 1981, 95 Stat. 1619; Pub. L. 101649, title IV, 407(b)(4), (c)(10), (d)(8), Nov. 29, 1990, 104 Stat. 50405042; Pub. L. 102232, title III, 305(c), Dec. 12, 1991, 105 Stat. 1750; Pub. L. 108136, div. A, title XVII, 1701(a), (b)(1), (c)(1)(A), (f), Nov. 24, 2003, 117 Stat. 1691, 1692; Pub. L. 110382, 3(a), Oct. 9, 2008, 122 Stat. 4088.) AMENDMENT OF SECTION For repeal of amendment by section 4 of Pub. L. 110382, see Termination Date of 2008 Amendment note below.
AMENDMENTS 2008Subsecs. (g), (h). Pub. L. 110382, 3(a), 4, temporarily added subsecs. (g) and (h). See Termination Date of 2008 Amendment note below. 2003Subsec. (a). Pub. L. 108136, 1701(a), substituted one year, for three years,. Subsec. (b)(3). Pub. L. 108136, 1701(f), substituted Secretary of Homeland Security for Attorney General. Pub. L. 108136, 1701(b)(1)(A), substituted honorable (the for honorable. The and discharge); and for discharge. Subsec. (b)(4). Pub. L. 108136, 1701(b)(1)(B), added par. (4). Subsec. (f). Pub. L. 108136, 1701(c)(1)(A), added subsec. (f). 1991Subsecs. (b), (c). Pub. L. 102232 amended directory language of Pub. L. 101649, 407(d)(8). See 1990 Amendment notes below. 1990Subsec. (a). Pub. L. 101649, 407(b)(4)(A), (c)(10), substituted State or district of the Service in the United States for State, for at least three months for for at least six months, and references to applicant and application for references to petitioner and petition wherever appearing. Subsec. (b). Pub. L. 101649, 407(b)(4)(B), (c)(10), (d)(8), as amended by Pub. L. 102232, substituted within a State or district of the Service in the United States for within the jurisdiction of the court in par. (1), any hearing for the final hearing in par. (3), and references to applicant and application for references to petitioner and petition wherever appearing. Subsec. (c). Pub. L. 101649, 407(b)(4)(C), (c)(10), (d)(8), as amended by Pub. L. 102232, substituted State or district of the Service in the United States for State, any hearing for the final hearing, and references to applicants and application for references to petitioners and petition wherever appearing. Subsec. (d). Pub. L. 101649, 407(c)(10), substituted references to applicant and application for references to petitioner and petition wherever appearing.

AMENDMENTS 1996Subsec. (b)(2)(D). Pub. L. 104208 substituted removal because such alien is inadmissible for exclusion because such alien is excludable. EFFECTIVE DATE OF 1996 AMENDMENT Amendment by Pub. L. 104208 effective, with certain transitional provisions, on the first day of the first

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month beginning more than 180 days after Sept. 30, 1996, see section 309 of Pub. L. 104208, 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. REFERENCES TO ORDER OF REMOVAL DEEMED TO INCLUDE ORDER OF EXCLUSION AND DEPORTATION For purposes of carrying out this chapter, any reference in law to an order of removal is deemed to include a reference to an order of exclusion and deportation or an order of deportation, see section 309(d)(2) of Pub. L. 104208, set out in an Effective Date of 1996 Amendments note under section 1101 of this title.
documents of persons, entering or leaving United States, were to have been transferred to Secretary of the Treasury by 1973 Reorg. Plan No. 2, 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. 93253, 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, 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 ( 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

1612(a)(2)(A)(v) of this title by Pub. L. 105185, title V, 503(2), (3), June 23, 1998, 112 Stat. 578. The Social Security Act, referred to in subsec. (b)(2)(B)(i), is act Aug. 14, 1935, ch. 531, 49 Stat. 620, as amended. Title II of the Act is classified generally to subchapter II ( 401 et seq.) of chapter 7 of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see section 1305 of Title 42 and Tables. AMENDMENTS 1997Subsec. (b)(1)(C). Pub. L. 10533, 5581(b)(3), substituted withholding for with-holding. Pub. L. 10533, 5562, substituted section 243(h) of such Act (as in effect immediately before the effective date of section 307 of division C of Public Law 104208) or section 241(b)(3) of such Act (as amended by section 305(a) of division C of Public Law 104208) for section 243(h) of such Act. Subsec. (b)(1)(D). Pub. L. 10533, 5302(c)(2), added subpar. (D). Subsec. (b)(1)(E). Pub. L. 10533, 5306(d), added subpar. (E). Subsec. (b)(3)(A). Pub. L. 10533, 5563(c), inserted , 1101, or 1301, or as described in section 107 after section 101. Pub. L. 10533, 5563(a), inserted and who fulfills the minimum active-duty service requirements of section 5303A(d) of title 38 after alienage. Subsec. (b)(3)(C). Pub. L. 10533, 5563(b), inserted before period at end or the unremarried surviving spouse of an individual described in clause (i) or (ii) who is deceased if the marriage fulfills the requirements of section 1304 of title 38. EFFECTIVE DATE OF 1997 AMENDMENT Amendment by sections 5302(c)(2) and 5306(d) of Pub. L. 10533 effective, except as otherwise provided, as if included in the enactment of title IV of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, Pub. L. 104193, see section 5308 of Pub. L. 10533, set out as a note under section 1612 of this title. Amendment by sections 5562, 5563, and 5581(b)(3) of Pub. L. 10533 effective as if included in the enactment of title IV of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, Pub. L. 104193, see section 5582 of Pub. L. 10533, set out as a note under section 1367 of this title.
1623. Limitation on eligibility for preferential treatment of aliens not lawfully present on basis of residence for higher education benefits (a) In general Notwithstanding any other provision of law, an alien who is not lawfully present in the United States shall not be eligible on the basis of residence within a State (or a political subdivision) for any postsecondary education benefit unless a citizen or national of the United States is eligible for such a benefit (in no less an amount, duration, and scope) without regard to whether the citizen or national is such a resident. (b) Effective date This section shall apply to benefits provided on or after July 1, 1998. (Pub. L. 104208, div. C, title V, 505, Sept. 30, 1996, 110 Stat. 3009672.)

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(2) Use of advanced computing and decision integration software for (A) evaluation of data indicating border incursions; (B) assessment of threat potential; and (C) rapid real-time communication, monitoring, intelligence gathering, deployment, and response. (3) Testing of advanced technology systems and software to determine best and most cost-effective uses of advanced technology to improve border security. (4) Operation of the program in remote stretches of border lands with long distances between 24-hour ports of entry with a relatively small presence of United States border patrol officers. (5) Capability to expand the program upon a determination by the Secretary that expansion would be an appropriate and cost-effective means of improving border security. (b) COORDINATION WITH OTHER AGENCIES.The Secretary of Homeland Security shall ensure that the operation of the pilot program under this subtitle (1) is coordinated among United States, State, local, and Canadian law enforcement and border security agencies; and (2) includes ongoing communication among such agencies. SEC. 5103. ADMINISTRATIVE PROVISIONS. (a) PROCUREMENT OF ADVANCED TECHNOLOGY.The Secretary of Homeland Security may enter into contracts for the procurement or use of such advanced technologies as the Secretary determines appropriate for the pilot program under this subtitle. (b) PROGRAM PARTNERSHIPS.In carrying out the pilot program under this subtitle, the Secretary of Homeland Security may provide for the establishment of cooperative arrangements for participation in the pilot program by such participants as law enforcement and border security agencies referred to in section 5102(b), institutions of higher education, and private sector entities. SEC. 5104. REPORT. (a) REQUIREMENT FOR REPORT.Not later than 1 year after the date of enactment of this Act [Dec. 17, 2004], the Secretary of Homeland Security shall submit to Congress a report on the pilot program under this subtitle. (b) CONTENT.The report under subsection (a) shall include the following matters: (1) A discussion of the implementation of the pilot program, including the experience under the pilot program. (2) A recommendation regarding whether to expand the pilot program along the entire northern border of the United States and a timeline for the implementation of the expansion. SEC. 5105. AUTHORIZATION OF APPROPRIATIONS. There is authorized to be appropriated such sums as may be necessary to carry out the pilot program under this subtitle.
(d) Availability of collected fees Notwithstanding any other provision of law, amounts collected as fees described in this section shall be credited as an offsetting collection to any appropriation for the Department of State to recover costs of providing consular services. Amounts so credited shall be available, until expended, for the same purposes as the appropriation to which credited. (Pub. L. 107173, title I, 103, May 14, 2002, 116 Stat. 547.)

114. Omitted

CODIFICATION Section, act Aug. 15, 1919, ch. 50, 41 Stat. 280; 1940 Reorg. Plan No. V, eff. June 14, 1940, 5 F.R. 2423, 54 Stat. 1238, authorized lease for other than governmental purposes of Charleston immigration station and dock connected therewith. Section was also classified to section 342k of former Title 5, Executive Departments and Government Officers and Employees, and subsequently eliminated from the Code on enactment of Title 5, Government Organization and Employees, by Pub. L. 89554, Sept. 6, 1966, 80 Stat. 378.
107. Repealed. Pub. L. 89554, 8(a), Sept. 6, 1966, 80 Stat. 637, 642
Section, acts Aug. 18, 1894, ch. 301, 1, 28 Stat 391; Aug. 1, 1914, ch. 223, 1, 38 Stat. 666; June 5, 1920, ch. 235, 1, 41 Stat. 936, provided for appointment of commissioners of immigration at the several ports.
108, 109. Repealed. June 27, 1952, ch. 477, title IV, 403(a)(13), 66 Stat. 279, eff. Dec. 24, 1952
Section 108, act Feb. 5, 1917, ch. 29, 23, 39 Stat. 892, related to duties of immigration officers. See section 1103(a) of this title. Section 109, acts Feb. 5, 1917, ch. 29, 24, 39 Stat. 893; June 10, 1921, ch. 18, 304, 42 Stat. 24; May 29, 1928, ch. 864, 45 Stat. 954; Feb. 21, 1931, ch. 270, 46 Stat. 1205; May 2, 1932, ch. 156, 47 Stat. 145; June 20, 1942, ch. 426, 56 Stat. 373, related to officers and employees. See sections 1103(a) and 1353 of this title.
115, 116. Repealed. June 27, 1952, ch. 477, title IV, 403(a)(13), 66 Stat. 279, eff. Dec. 24, 1952
Section 115, act Feb. 5, 1917, ch. 29, 26, 39 Stat. 894, related to disposal of privileges at immigrant stations. See section 1355(a) of this title. Section 116, act Feb. 5, 1917, ch. 29, 27, 39 Stat. 894, related to local jurisdiction over immigrant stations. See section 1358 of this title.

117, 118. Omitted

Section 117, acts July 12, 1943, ch. 221, title II, 57 Stat. 507; June 28, 1944, ch. 302, title II, 58 Stat. 558, related to use of the hospital at Ellis Island Immigration Station for the care of Public Health Service patients. See section 1356(a) of this title and section 220 of Title 42, The Public Health and Welfare. Similar provisions were contained in the following prior appropriation acts, which were repealed by section 1313, formerly section 611, of act July 1, 1944, ch. 373, 58 Stat. 714, 718. July 2, 1942, ch. 475, title II, 56 Stat. 581. July 1, 1941, ch. 269, title II, 55 Stat. 481. June 26, 1940, ch. 428, title II, 54 Stat. 585. May 6, 1939, ch. 115, title I, 53 Stat. 668. Mar. 28, 1938, ch. 55, 52 Stat. 133. May 14, 1937, ch. 180, title I, 50 Stat. 149. June 23, 1936, ch. 725, 49 Stat. 1839. May 14, 1935, ch. 110, 49 Stat. 229. Mar. 15, 1934, ch. 70, title I, 48 Stat. 435. Mar. 3, 1933, ch. 212, title I, 47 Stat. 1500. July 5, 1932, ch. 430, title I, 47 Stat. 591. Feb. 23, 1931, ch. 277, title I, 46 Stat. 1228. May 15, 1930, ch. 289, title I, 46 Stat. 347. Dec. 20, 1928, ch. 39, title I, 45 Stat. 1039. Mar. 5, 1928, ch. 126, title I, 45 Stat. 174. Jan. 26, 1927, ch. 58, 44 Stat. 1038. Mar. 2, 1926, ch. 43, 44 Stat. 147. Jan. 22, 1925, ch. 87, title I, 43 Stat. 775.

Sec. Sec.

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PART VIIREGISTRATION OF ALIENS 1301. 1302. 1303. 1304. 1305. 1306. Alien seeking entry; contents. Registration of aliens. Registration of special groups. Forms for registration and fingerprinting. Notices of change of address. Penalties. PART VIIIGENERAL PENALTY PROVISIONS 1321. 1322. Prevention of unauthorized landing of aliens. Bringing in aliens subject to denial of admission on a health-related ground; persons liable; clearance papers; exceptions; person defined. Unlawful bringing of aliens into United States. Bringing in and harboring certain aliens. Unlawful employment of aliens. Unfair immigration-related employment practices. Penalties for document fraud. Civil penalties for failure to depart. Improper entry by alien. Reentry of removed aliens. Aiding or assisting certain aliens to enter. Importation of alien for immoral purpose. Jurisdiction of district courts. Collection of penalties and expenses. PART IXMISCELLANEOUS 1351. 1352. 1353. Nonimmigrant visa fees. Printing of reentry permits and blank forms of manifest and crew lists; sale to public. Travel expenses and expense of transporting remains of officers and employees dying outside of United States. Officers and employees; overtime services; extra compensation; length of working day. Extra compensation; payment. Immigration officials; service in foreign contiguous territory. Disposition of money received as extra compensation. Applicability to members of the Armed Forces. Disposal of privileges at immigrant stations; rentals; retail sale; disposition of receipts. Disposition of moneys collected under the provisions of this subchapter. Powers of immigration officers and employees. Local jurisdiction over immigrant stations. Application to American Indians born in Canada. Establishment of central file; information from other departments and agencies. Burden of proof upon alien. Right to counsel. Deposit of and interest on cash received to secure immigration bonds. Undercover investigation authority. Repealed Triennial comprehensive report on immigration. Reimbursement of States for costs of incarcerating illegal aliens and certain Cuban nationals. Integrated entry and exit data system. Biometric entry and exit data system. Annual report on criminal aliens. Penalties for disclosure of information. Increase in INS detention facilities; report on detention space. Treatment of expenses subject to emergency medical services exception. Reimbursement of States and localities for emergency ambulance services. Reports.

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United States shall be allocated visas in a number not to exceed 23,400, plus any visas not required for the classes specified in paragraphs (1) and (2). (4) Brothers and sisters of citizens Qualified immigrants who are the brothers or sisters of citizens of the United States, if such citizens are at least 21 years of age, shall be allocated visas in a number not to exceed 65,000, plus any visas not required for the classes specified in paragraphs (1) through (3). (b) Preference allocation for employment-based immigrants Aliens subject to the worldwide level specified in section 1151(d) of this title for employmentbased immigrants in a fiscal year shall be allotted visas as follows: (1) Priority workers Visas shall first be made available in a number not to exceed 28.6 percent of such worldwide level, plus any visas not required for the classes specified in paragraphs (4) and (5), to qualified immigrants who are aliens described in any of the following subparagraphs (A) through (C): (A) Aliens with extraordinary ability An alien is described in this subparagraph if (i) the alien has extraordinary ability in the sciences, arts, education, business, or athletics which has been demonstrated by sustained national or international acclaim and whose achievements have been recognized in the field through extensive documentation, (ii) the alien seeks to enter the United States to continue work in the area of extraordinary ability, and (iii) the aliens entry into the United States will substantially benefit prospectively the United States. (B) Outstanding professors and researchers An alien is described in this subparagraph if (i) the alien is recognized internationally as outstanding in a specific academic area, (ii) the alien has at least 3 years of experience in teaching or research in the academic area, and (iii) the alien seeks to enter the United States (I) for a tenured position (or tenuretrack position) within a university or institution of higher education to teach in the academic area, (II) for a comparable position with a university or institution of higher education to conduct research in the area, or (III) for a comparable position to conduct research in the area with a department, division, or institute of a private employer, if the department, division, or institute employs at least 3 persons fulltime in research activities and has achieved documented accomplishments in an academic field.
(C) Certain multinational executives and managers An alien is described in this subparagraph if the alien, in the 3 years preceding the time of the aliens application for classification and admission into the United States under this subparagraph, has been employed for at least 1 year by a firm or corporation or other legal entity or an affiliate or subsidiary thereof and the alien seeks to enter the United States in order to continue to render services to the same employer or to a subsidiary or affiliate thereof in a capacity that is managerial or executive. (2) Aliens who are members of the professions holding advanced degrees or aliens of exceptional ability (A) In general Visas shall be made available, in a number not to exceed 28.6 percent of such worldwide level, plus any visas not required for the classes specified in paragraph (1), to qualified immigrants who are members of the professions holding advanced degrees or their equivalent or who because of their exceptional ability in the sciences, arts, or business, will substantially benefit prospectively the national economy, cultural or educational interests, or welfare of the United States, and whose services in the sciences, arts, professions, or business are sought by an employer in the United States. (B) Waiver of job offer (i) National interest waiver Subject to clause (ii), the Attorney General may, when the Attorney General deems it to be in the national interest, waive the requirements of subparagraph (A) that an aliens services in the sciences, arts, professions, or business be sought by an employer in the United States. (ii) Physicians working in shortage areas or veterans facilities (I) In general The Attorney General shall grant a national interest waiver pursuant to clause (i) on behalf of any alien physician with respect to whom a petition for preference classification has been filed under subparagraph (A) if (aa) the alien physician agrees to work full time as a physician in an area or areas designated by the Secretary of Health and Human Services as having a shortage of health care professionals or at a health care facility under the jurisdiction of the Secretary of Veterans Affairs; and (bb) a Federal agency or a department of public health in any State has previously determined that the alien physicians work in such an area or at such facility was in the public interest. (II) Prohibition No permanent resident visa may be issued to an alien physician described in subclause (I) by the Secretary of State

sued to another qualified alien in lieu of immigrants excluded or deported, immigrants failing to apply for admission, or immigrants found not to be preference immigrants, for provisions relating to revocation of approval of petitions which, with minor amendments, were transferred to section 1155 of this title. EFFECTIVE DATE OF 1996 AMENDMENT Amendment by Pub. L. 104208 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. 104208, set out as a note under section 1101 of this title. EFFECTIVE DATE OF 1965 AMENDMENT For effective date of amendment by Pub. L. 89236, see section 20 of Pub. L. 89236, set out as a note under section 1151 of this title.
1157. Annual admission of refugees and admission of emergency situation refugees (a) Maximum number of admissions; increases for humanitarian concerns; allocations (1) Except as provided in subsection (b) of this section, the number of refugees who may be admitted under this section in fiscal year 1980, 1981, or 1982, may not exceed fifty thousand unless the President determines, before the beginning of the fiscal year and after appropriate consultation (as defined in subsection (e) of this section), that admission of a specific number of refugees in excess of such number is justified by humanitarian concerns or is otherwise in the national interest. (2) Except as provided in subsection (b) of this section, the number of refugees who may be admitted under this section in any fiscal year after fiscal year 1982 shall be such number as the President determines, before the beginning of the fiscal year and after appropriate consultation, is justified by humanitarian concerns or is otherwise in the national interest. (3) Admissions under this subsection shall be allocated among refugees of special humanitarian concern to the United States in accordance with a determination made by the President after appropriate consultation. (4) In the determination made under this subsection for each fiscal year (beginning with fiscal year 1992), the President shall enumerate, with the respective number of refugees so determined, the number of aliens who were granted asylum in the previous year. (b) Determinations by President respecting number of admissions for humanitarian concerns If the President determines, after appropriate consultation, that (1) an unforeseen emergency refugee situation exists, (2) the admission of certain refugees in response to the emergency refugee situation is justified by grave humanitarian concerns or is otherwise in the national interest, and (3) the admission to the United States of these refugees cannot be accomplished under subsection (a) of this section, the President may fix a number of refugees to be admitted to the United States during the succeeding period (not to exceed twelve months) in response to the emergency refugee situation and such admissions shall be allocated among refugees of special humanitarian concern to the United States in accordance with a determination made by the

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position in accordance with this paragraph of complaints respecting an employers failure to meet the condition of paragraph (1)(G)(i)(II) or a petitioners misrepresentation of material facts with respect to such condition. Complaints may be filed by an aggrieved individual who has submitted a resume or otherwise applied in a reasonable manner for the job that is the subject of the condition. No proceeding shall be conducted under this paragraph on a complaint concerning such a failure or misrepresentation unless the Attorney General determines that the complaint was filed not later than 12 months after the date of the failure or misrepresentation, respectively. (C) If the Attorney General finds that a complaint has been filed in accordance with subparagraph (B) and there is reasonable cause to believe that such a failure or misrepresentation described in such complaint has occurred, the Attorney General shall initiate binding arbitration proceedings by requesting the Federal Mediation and Conciliation Service to appoint an arbitrator from the roster of arbitrators maintained by such Service. The procedure and rules of such Service shall be applicable to the selection of such arbitrator and to such arbitration proceedings. The Attorney General shall pay the fee and expenses of the arbitrator. (D)(i) The arbitrator shall make findings respecting whether a failure or misrepresentation described in subparagraph (B) occurred. If the arbitrator concludes that failure or misrepresentation was willful, the arbitrator shall make a finding to that effect. The arbitrator may not find such a failure or misrepresentation (or that such a failure or misrepresentation was willful) unless the complainant demonstrates such a failure or misrepresentation (or its willful character) by clear and convincing evidence. The arbitrator shall transmit the findings in the form of a written opinion to the parties to the arbitration and the Attorney General. Such findings shall be final and conclusive, and, except as provided in this subparagraph, no official or court of the United States shall have power or jurisdiction to review any such findings. (ii) The Attorney General may review and reverse or modify the findings of an arbitrator only on the same bases as an award of an arbitrator may be vacated or modified under section 10 or 11 of title 9. (iii) With respect to the findings of an arbitrator, a court may review only the actions of the Attorney General under clause (ii) and may set aside such actions only on the grounds described in subparagraph (A), (B), or (C) of section 706(a)(2) of title 5. Notwithstanding any other provision of law, such judicial review may only be brought in an appropriate United States court of appeals. (E) If the Attorney General receives a finding of an arbitrator under this paragraph that an employer has failed to meet the condition of paragraph (1)(G)(i)(II) or has misrepresented a material fact with respect to such condition, unless the Attorney General reverses or modifies the finding under subparagraph (D)(ii) (i) the Attorney General may impose administrative remedies (including civil monetary penalties in an amount not to exceed $1,000 per

bursement by a sponsor for benefits provided to a sponsored alien pursuant to an affidavit of support under section 213A of the Immigration and Nationality Act [8 U.S.C. 1183a] shall not apply with respect to the following: (1) Medical assistance described in section 401(b)(1)(A) [8 U.S.C. 1611(b)(1)(A)] or assistance described in section 411(b)(1) [8 U.S.C. 1621(b)(1)]. (2) Short-term, non-cash, in-kind emergency disaster relief. (3) Assistance or benefits under the Richard B. Russell National School Lunch Act [42 U.S.C. 1751 et seq.]. (4) Assistance or benefits under the Child Nutrition Act of 1966 [42 U.S.C. 1771 et seq.]. (5) Public health assistance for immunizations (not including any assistance under title XIX of the Social Security Act [42 U.S.C. 1396 et seq.]) with respect to immunizable diseases and for testing and treatment of symptoms of communicable diseases whether or not such symptoms are caused by a communicable disease. (6) Payments for foster care and adoption assistance under parts B and E of title IV of the Social Security Act [42 U.S.C. 620 et seq., 670 et seq.] for a parent or a child, but only if the foster or adoptive parent (or parents) of such child is a qualified alien (as defined in section 431 [8 U.S.C. 1641]). (7) Programs, services, or assistance (such as soup kitchens, crisis counseling and intervention, and short-term shelter) specified by the Attorney General, in the Attorney Generals sole and unreviewable discretion after consultation with appropriate Federal agencies and departments, which (A) deliver inkind services at the community level, including through public or private nonprofit agencies; (B) do not condition the provision of assistance, the amount of assistance provided, or the cost of assistance provided on the individual recipients income or resources; and (C) are necessary for the protection of life or safety. (8) Programs of student assistance under titles IV, V, IX, and X of the Higher Education Act of 1965 [20 U.S.C. 1070 et seq., 1101 et seq., 1134 et seq., 1135 et seq., 42 U.S.C. 2751 et seq.], and titles III, VII, and VIII of the Public Health Service Act [42 U.S.C. 241 et seq., 292 et seq., 296 et seq.]. (9) Benefits under the Head Start Act [42 U.S.C. 9831 et seq.]. (10) Means-tested programs under the Elementary and Secondary Education Act of 1965 [20 U.S.C. 6301 et seq.]. (11) Benefits under the [sic] title I of the Workforce Investment Act of 1998 [29 U.S.C. 2801 et seq.].

EFFECTIVE DATE OF 1996 AMENDMENT Amendment by section 308(b)(4), (f)(4) of Pub. L. 104208 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. 104208, set out as a note under section 1101 of this title. EFFECTIVE DATE OF 1986 AMENDMENT Amendment by Pub. L. 99653 applicable to visas issued, and admissions occurring, on or after Nov. 14, 1986, see section 23(a) of Pub. L. 99653, 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.
1224. Designation of ports of entry for aliens arriving by aircraft The Attorney General is authorized (1) by regulation to designate as ports of entry for aliens arriving by aircraft any of the ports of entry for civil aircraft designated as such in accordance with law; (2) by regulation to provide such reasonable requirements for aircraft in civil air navigation with respect to giving notice of intention to land in advance of landing, or notice of landing, as shall be deemed necessary for purposes of administration and enforcement of this chapter; and (3) by regulation to provide for the application to civil air navigation of the provisions of this chapter where not expressly so provided in this chapter to such extent and upon such conditions as he deems necessary. Any person who violates any regulation made under this section shall be subject to a civil penalty of $2,000 which may be remitted or mitigated by the Attorney General in accordance with such proceedings as the Attorney General shall by regulation prescribe. In case the violation is by the owner or person in command of the aircraft, the penalty shall be a lien upon the aircraft, and such aircraft may be libeled therefore in the appropriate United States court. The determination by the Attorney General and remission or mitigation of the civil penalty shall be final. In case the violation is by the owner or person in command of the aircraft, the penalty shall be a lien upon the aircraft and may be collected by proceedings in rem which shall conform as nearly as may be to civil suits in admiralty. The Supreme Court of the United States, and under its direction other courts of the United States, are authorized to prescribe rules regulating such proceedings against aircraft in any particular not otherwise provided by law. Any aircraft made subject to a lien by this section may be summarily seized by, and placed in the custody of such persons as the Attorney General may by regulation prescribe. The aircraft may be released from such custody upon deposit of such amount not exceeding $2,000 as the Attorney General may prescribe, or of a bond in such sum and with such sureties as the Attorney General may prescribe, conditioned upon the payment of the penalty which may be finally determined by the Attorney General. (June 27, 1952, ch. 477, title II, ch. 4, 234, formerly 239, 66 Stat. 203; Pub. L. 101649, title V,

AMENDMENTS 1996Subsec. (a)(1)(A). Pub. L. 104208, 308(e)(11), substituted remove for deport. Subsec. (a)(3)(B), (C). Pub. L. 104208, 308(e)(1)(G), substituted removal for deportation. Subsec. (b)(5)(B). Pub. L. 104208, 308(e)(1)(G), substituted removal for deportation. Subsec. (c)(2)(B)(ii). Pub. L. 104208, 308(g)(7)(E)(i), substituted section 1158(b)(2)(A) for section 1253(h)(2). Subsec. (e). Pub. L. 104208, 308(g)(8)(A)(i), substituted section 1229b(a) for section 1254(a). Pub. L. 104208, 308(e)(11), amended heading. 1994Subsec. (c)(1)(B). Pub. L. 103416, 219(z)(2), made technical correction to directory language of Pub. L. 102232, 304(b)(2). See 1991 Amendment note below. Subsec. (c)(2)(A)(iii)(III). Pub. L. 103416, 219(j), substituted paragraphs for Paragraphs and and (3)(E) for or (3)(E). 1991Subsec. (a)(1). Pub. L. 102232, 304(b)(1), inserted parenthetical relating to alien having no nationality. Subsec. (c)(1)(A). Pub. L. 102232, 304(b)(3), inserted parenthetical relating to alien having no nationality. Subsec. (c)(1)(B). Pub. L. 102232, 304(b)(2), as amended by Pub. L. 103416, 219(z)(2), inserted provisions requiring separate fee of aliens registered pursuant to designation made after July 17, 1991, and directing that all fees be credited to appropriation to be used to carry out this section. Subsec. (c)(2)(A)(iii)(I). Pub. L. 102232, 307(l)(5)(A), substituted paragraphs (2)(A) and (2)(B) for paragraphs (9) and (10). Subsec. (c)(2)(A)(iii)(III). Pub. L. 102232, 307(l)(5)(B), amended subcl. (III) generally. Prior to amendment, subcl. (III) read as follows: paragraphs (3) (relating to security and related grounds). 1990Subsec. (c)(2)(A)(i). Pub. L. 101649, 603(a)(24)(A), which directed the substitution of (5) and (7)(A) for (14), (20), (21), (25), and (32), was exe-
cuted by making the substitution for (14), (15), (20), (21), (25), and (32), as the probable intent of Congress. Subsec. (c)(2)(A)(iii)(I). Pub. L. 101649, 603(a)(24)(B), which directed the substitution of Paragraphs (2)(A) and (2)(B) for Paragraphs (9) and (10), could not be executed because the quoted language differed from the text. See 1991 Amendment note above. Subsec. (c)(2)(A)(iii)(II). Pub. L. 101649, 603(a)(24)(C), substituted (2)(C) for (23) and inserted or at end. Subsec. (c)(2)(A)(iii)(III). Pub. L. 101649, 603(a)(24)(D), which directed the substitution of (3) (relating to security and related grounds) for (27) and (29) (relating to national security), and a period for ; or, was executed by substituting (3) (relating to security and related grounds) for (27) and (29) of such section (relating to national security), and a period for , or, as the probable intent of Congress. Subsec. (c)(2)(A)(iii)(IV). Pub. L. 101649, 603(a)(24)(E), struck out subcl. (IV) which referred to par. (33). EFFECTIVE DATE OF 1996 AMENDMENT Amendment by Pub. L. 104208 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. 104208, set out as a note under section 1101 of this title. EFFECTIVE DATE OF 1994 AMENDMENT Amendment by section 219(j) of Pub. L. 103416 effective as if included in the enactment of the Immigration Act of 1990, Pub. L. 101649, see section 219(dd) of Pub. L. 103416, set out as a note under section 1101 of this title. Section 219(z) of Pub. L. 103416 provided that the amendment made by subsec. (z)(2) of that section is effective as if included in the Miscellaneous and Technical Immigration and Naturalization Amendments of 1991, Pub. L. 102232. EFFECTIVE DATE OF 1991 AMENDMENT Amendment by section 304(b) of Pub. L. 102232 effective as if included in the enactment of the Immigration Act of 1990, Pub. L. 101649, see section 310(1) of Pub. L. 102232, set out as a note under section 1101 of this title. Section 307(l) of Pub. L. 102232 provided that the amendment made by that section is effective as if included in section 603(a) of the Immigration Act of 1990, Pub. L. 101649. EFFECTIVE DATE OF 1990 AMENDMENT Amendment by section 603(a)(24) of Pub. L. 101649 applicable to individuals entering United States on or after June 1, 1991, see section 601(e)(1) of Pub. L. 101649, 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. LIMITATION ON SUSPENSION OF DEPORTATION The Attorney General may not suspend deportation and adjust status under this section of more than 4,000 aliens in any fiscal year, beginning after Sept. 30, 1996, regardless of when aliens applied for such suspension and adjustment, see section 309(c)(7) of Pub. L. 104208, set out in an Effective Date of 1996 Amendments note under section 1101 of this title. ALIENS AUTHORIZED TO TRAVEL ABROAD TEMPORARILY Section 304(c) of Pub. L. 102232, as amended by Pub. L. 104208, div. C, title III, 308(g)(1), (8)(A)(ii), (C), Sept. 30, 1996, 110 Stat. 3009622, 3009624, provided that: (1) In the case of an alien described in paragraph (2) whom the Attorney General authorizes to travel abroad

1324. Bringing in and harboring certain aliens (a) Criminal penalties (1)(A) Any person who (i) knowing that a person is an alien, brings to or attempts to bring to the United States in any manner whatsoever such person at a place other than a designated port of entry or place other than as designated by the Commissioner, regardless of whether such alien has received prior official authorization to come to, enter, or reside in the United States and regardless of any future official action which may be taken with respect to such alien; (ii) knowing or in reckless disregard of the fact that an alien has come to, entered, or remains in the United States in violation of law, transports, or moves or attempts to transport or move such alien within the United States by means of transportation or otherwise, in furtherance of such violation of law; (iii) knowing or in reckless disregard of the fact that an alien has come to, entered, or remains in the United States in violation of law, conceals, harbors, or shields from detection, or attempts to conceal, harbor, or shield from detection, such alien in any place, including any building or any means of transportation; (iv) encourages or induces an alien to come to, enter, or reside in the United States, knowing or in reckless disregard of the fact that such coming to, entry, or residence is or will be in violation of law; or (v)(I) engages in any conspiracy to commit any of the preceding acts, or (II) aids or abets the commission of any of the preceding acts, shall be punished as provided in subparagraph (B). (B) A person who violates subparagraph (A) shall, for each alien in respect to whom such a violation occurs (i) in the case of a violation of subparagraph (A)(i) or (v)(I) or in the case of a violation of subparagraph (A)(ii), (iii), or (iv) in which the offense was done for the purpose of commercial advantage or private financial gain, be fined under title 18, imprisoned not more than 10 years, or both; (ii) in the case of a violation of subparagraph (A)(ii), (iii), (iv), or (v)(II), be fined under title 18, imprisoned not more than 5 years, or both; (iii) in the case of a violation of subparagraph (A)(i), (ii), (iii), (iv), or (v) during and in

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(B) An alien described in this subparagraph is an alien who (i) is an unauthorized alien (as defined in section 1324a(h)(3) of this title), and (ii) has been brought into the United States in violation of this subsection. (4) In the case of a person who has brought aliens into the United States in violation of this subsection, the sentence otherwise provided for may be increased by up to 10 years if (A) the offense was part of an ongoing commercial organization or enterprise; (B) aliens were transported in groups of 10 or more; and (C)(i) aliens were transported in a manner that endangered their lives; or (ii) the aliens presented a life-threatening health risk to people in the United States. (b) Seizure and forfeiture (1) In general Any conveyance, including any vessel, vehicle, or aircraft, that has been or is being used in the commission of a violation of subsection (a) of this section, the gross proceeds of such violation, and any property traceable to such conveyance or proceeds, shall be seized and subject to forfeiture. (2) Applicable procedures Seizures and forfeitures under this subsection shall be governed by the provisions of chapter 46 of title 18 relating to civil forfeitures, including section 981(d) of such title, except that such duties as are imposed upon the Secretary of the Treasury under the customs laws described in that section shall be performed by such officers, agents, and other persons as may be designated for that purpose by the Attorney General. (3) Prima facie evidence in determinations of violations In determining whether a violation of subsection (a) of this section has occurred, any of the following shall be prima facie evidence that an alien involved in the alleged violation had not received prior official authorization to come to, enter, or reside in the United States or that such alien had come to, entered, or remained in the United States in violation of law: (A) Records of any judicial or administrative proceeding in which that aliens status was an issue and in which it was determined that the alien had not received prior official authorization to come to, enter, or reside in the United States or that such alien had come to, entered, or remained in the United States in violation of law. (B) Official records of the Service or of the Department of State showing that the alien had not received prior official authorization to come to, enter, or reside in the United States or that such alien had come to, entered, or remained in the United States in violation of law. (C) Testimony, by an immigration officer having personal knowledge of the facts concerning that aliens status, that the alien had not received prior official authorization

tion, unless the alien can establish that the alien is actively pursuing naturalization, except that time consumed in the Services processing the application shall not be counted toward the 2-year period. (4) Additional exception providing right to prefer equally qualified citizens Notwithstanding any other provision of this section, it is not an unfair immigration-related employment practice for a person or other entity to prefer to hire, recruit, or refer an individual who is a citizen or national of the United States over another individual who is an alien if the two individuals are equally qualified. (5) Prohibition of intimidation or retaliation It is also an unfair immigration-related employment practice for a person or other entity to intimidate, threaten, coerce, or retaliate against any individual for the purpose of interfering with any right or privilege secured under this section or because the individual intends to file or has filed a charge or a complaint, testified, assisted, or participated in any manner in an investigation, proceeding, or hearing under this section. An individual so intimidated, threatened, coerced, or retaliated against shall be considered, for purposes of subsections (d) and (g) of this section, to have been discriminated against. (6) Treatment of certain documentary practices as employment practices A persons or other entitys request, for purposes of satisfying the requirements of section 1324a(b) of this title, for more or different documents than are required under such section or refusing to honor documents tendered that on their face reasonably appear to be genuine shall be treated as an unfair immigration-related employment practice if made for the purpose or with the intent of discriminating against an individual in violation of paragraph (1). (b) Charges of violations (1) In general Except as provided in paragraph (2), any person alleging that the person is adversely affected directly by an unfair immigration-related employment practice (or a person on that persons behalf) or an officer of the Service alleging that an unfair immigration-related employment practice has occurred or is occurring may file a charge respecting such practice or violation with the Special Counsel (appointed under subsection (c) of this section). Charges shall be in writing under oath or affirmation and shall contain such information as the Attorney General requires. The Special Counsel by certified mail shall serve a notice of the charge (including the date, place, and circumstances of the alleged unfair immigration-related employment practice) on the person or entity involved within 10 days. (2) No overlap with EEOC complaints No charge may be filed respecting an unfair immigration-related employment practice described in subsection (a)(1)(A) of this section if

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a charge with respect to that practice based on the same set of facts has been filed with the Equal Employment Opportunity Commission under title VII of the Civil Rights Act of 1964 [42 U.S.C. 2000e et seq.], unless the charge is dismissed as being outside the scope of such title. No charge respecting an employment practice may be filed with the Equal Employment Opportunity Commission under such title if a charge with respect to such practice based on the same set of facts has been filed under this subsection, unless the charge is dismissed under this section as being outside the scope of this section. (c) Special Counsel (1) Appointment The President shall appoint, by and with the advice and consent of the Senate, a Special Counsel for Immigration-Related Unfair Employment Practices (hereinafter in this section referred to as the Special Counsel) within the Department of Justice to serve for a term of four years. In the case of a vacancy in the office of the Special Counsel the President may designate the officer or employee who shall act as Special Counsel during such vacancy. (2) Duties The Special Counsel shall be responsible for investigation of charges and issuance of complaints under this section and in respect of the prosecution of all such complaints before administrative law judges and the exercise of certain functions under subsection (j)(1) of this section. (3) Compensation The Special Counsel is entitled to receive compensation at a rate not to exceed the rate now or hereafter provided for grade GS17 of the General Schedule, under section 5332 of title 5. (4) Regional offices The Special Counsel, in accordance with regulations of the Attorney General, shall establish such regional offices as may be necessary to carry out his duties. (d) Investigation of charges (1) By Special Counsel The Special Counsel shall investigate each charge received and, within 120 days of the date of the receipt of the charge, determine whether or not there is reasonable cause to believe that the charge is true and whether or not to bring a complaint with respect to the charge before an administrative law judge. The Special Counsel may, on his own initiative, conduct investigations respecting unfair immigration-related employment practices and, based on such an investigation and subject to paragraph (3), file a complaint before such a judge. (2) Private actions If the Special Counsel, after receiving such a charge respecting an unfair immigration-related employment practice which alleges knowing and intentional discriminatory activ-

1436. Nationals but not citizens; residence within outlying possessions A person not a citizen who owes permanent allegiance to the United States, and who is otherwise qualified, may, if he becomes a resident of

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any State, be naturalized upon compliance with the applicable requirements of this subchapter, except that in applications for naturalization filed under the provisions of this section residence and physical presence within the United States within the meaning of this subchapter shall include residence and physical presence within any of the outlying possessions of the United States. (June 27, 1952, ch. 477, title III, ch. 2, 325, 66 Stat. 248; Pub. L. 101649, title IV, 407(c)(8), Nov. 29, 1990, 104 Stat. 5041.)
AMENDMENTS 1990Pub. L. 101649 substituted applications for petitions.
1437. Resident Philippine citizens excepted from certain requirements Any person who (1) was a citizen of the Commonwealth of the Philippines on July 2, 1946, (2) entered the United States prior to May 1, 1934, and (3) has, since such entry, resided continuously in the United States shall be regarded as having been lawfully admitted to the United States for permanent residence for the purpose of applying for naturalization under this subchapter. (June 27, 1952, ch. 477, title III, ch. 2, 326, 66 Stat. 248; Pub. L. 101649, title IV, 407(c)(9), Nov. 29, 1990, 104 Stat. 5041.)
AMENDMENTS 1990Pub. L. 101649 substituted applying for petitioning.
(2) has been lawfully admitted to the United States for permanent residence and intends to reside permanently in the United States. (c) Status Any person naturalized in accordance with the provisions of this section, or any person who was naturalized in accordance with the provisions of section 323 of the Nationality Act of 1940, shall have, from and after such naturalization, the status of a native-born, or naturalized, citizen of the United States, whichever status existed in the case of such person prior to the loss of citizenship: Provided, That nothing contained herein, or in any other provision of law, shall be construed as conferring United States citizenship retroactively upon any such person during any period in which such person was not a citizen. (d) Span of World War II For the purposes of this section, World War II shall be deemed to have begun on September 1, 1939, and to have terminated on September 2, 1945. (e) Inapplicability to certain persons This section shall not apply to any person who during World War II served in the armed forces of a country while such country was at war with the United States (June 27, 1952, ch. 477, title III, ch. 2, 327, 66 Stat. 248; Pub. L. 101649, title IV, 407(d)(7), Nov. 29, 1990, 104 Stat. 5042.)
REFERENCES IN TEXT Section 323 of the Nationality Act of 1940, referred to in subsec. (c), which was classified to section 723 of this title, was repealed by section 403(a)(42) of act June 27, 1952. See subsec. (a) of this section. AMENDMENTS 1990Subsec. (a). Pub. L. 101649 substituted the Attorney General or before a court described in section 1421(b) of this title for any naturalization court specified in section 1421(a) of this title and inserted and by the Attorney General to the Secretary of State before period at end. 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.

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(A) a veteran (as defined in section 101, 1101, or 1301, or as described in section 107 of title 38) with a discharge characterized as an honorable discharge and not on account of alienage and who fulfills the minimum active-duty service requirements of section 5303A(d) of title 38, (B) on active duty (other than active duty for training) in the Armed Forces of the United States, or (C) the spouse or unmarried dependent child of an individual described in subparagraph (A) or (B) or the unremarried surviving spouse of an individual described in clause (i) or (ii) 2 who is deceased if the marriage fulfills the requirements of section 1304 of title 38. (c) Application of term Federal means-tested public benefit (1) The limitation under subsection (a) of this section shall not apply to assistance or benefits under paragraph (2). (2) Assistance and benefits under this paragraph are as follows: (A) Medical assistance described in section 1611(b)(1)(A) of this title. (B) Short-term, non-cash, in-kind emergency disaster relief. (C) Assistance or benefits under the Richard B. Russell National School Lunch Act [42 U.S.C. 1751 et seq.]. (D) Assistance or benefits under the Child Nutrition Act of 1966 [42 U.S.C. 1771 et seq.]. (E) Public health assistance (not including any assistance under title XIX of the Social Security Act [42 U.S.C. 1396 et seq.]) for immunizations with respect to immunizable diseases and for testing and treatment of symptoms of communicable diseases whether or not such symptoms are caused by a communicable disease. (F) Payments for foster care and adoption assistance under parts B and E of title IV of the Social Security Act [42 U.S.C. 620 et seq., 670 et seq.] for a parent or a child who would, in the absence of subsection (a) of this section, be eligible to have such payments made on the childs behalf under such part, but only if the foster or adoptive parent (or parents) of such child is a qualified alien (as defined in section 1641 of this title). (G) Programs, services, or assistance (such as soup kitchens, crisis counseling and intervention, and short-term shelter) specified by the Attorney General, in the Attorney Generals sole and unreviewable discretion after consultation with appropriate Federal agencies and departments, which (i) deliver in-kind services at the community level, including through public or private nonprofit agencies; (ii) do not condition the provision of assistance, the amount of assistance provided, or the cost of assistance provided on the individual recipients income or resources; and (iii) are necessary for the protection of life or safety. (H) Programs of student assistance under titles IV, V, IX, and X of the Higher Education

1983, 97 Stat. 35, as amended, which is classified generally to chapter 102 ( 7501 et seq.) of Title 7, Agriculture. For complete classification of this Act to the Code, see Short Title note set out under section 7501 of Title 7, and Tables. CODIFICATION Section was enacted as part of title VII of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, and not as part of title IV of that Act which comprises this chapter. AMENDMENTS 1999Pub. L. 10678 substituted Richard B. Russell National School Lunch Act for National School Lunch Act in section catchline and in two places in text.
SUBCHAPTER IIELIGIBILITY FOR STATE AND LOCAL PUBLIC BENEFITS PROGRAMS 1621. Aliens who are not qualified aliens or nonimmigrants ineligible for State and local public benefits (a) In general Notwithstanding any other provision of law and except as provided in subsections (b) and (d) of this section, an alien who is not (1) a qualified alien (as defined in section 1641 of this title), (2) a nonimmigrant under the Immigration and Nationality Act [8 U.S.C. 1101 et seq.], or (3) an alien who is paroled into the United States under section 212(d)(5) of such Act [8 U.S.C. 1182(d)(5)] for less than one year, is not eligible for any State or local public benefit (as defined in subsection (c) of this section). (b) Exceptions Subsection (a) of this section shall not apply with respect to the following State or local public benefits: (1) Assistance for health care items and services that are necessary for the treatment of an emergency medical condition (as defined in section 1396b(v)(3) of title 42) of the alien involved and are not related to an organ transplant procedure. (2) Short-term, non-cash, in-kind emergency disaster relief. (3) Public health assistance for immunizations with respect to immunizable diseases and for testing and treatment of symptoms of communicable diseases whether or not such symptoms are caused by a communicable disease. (4) Programs, services, or assistance (such as soup kitchens, crisis counseling and intervention, and short-term shelter) specified by the Attorney General, in the Attorney Generals sole and unreviewable discretion after consultation with appropriate Federal agencies and departments, which (A) deliver in-kind services at the community level, including through public or private nonprofit agencies; (B) do not condition the provision of assistance, the amount of assistance provided, or the cost of assistance provided on the individual recipients income or resources; and (C) are necessary for the protection of life or safety.

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(c) State or local public benefit defined (1) Except as provided in paragraphs (2) and (3), for purposes of this subchapter the term State or local public benefit means (A) any grant, contract, loan, professional license, or commercial license provided by an agency of a State or local government or by appropriated funds of a State or local government; and (B) any retirement, welfare, health, disability, public or assisted housing, postsecondary education, food assistance, unemployment benefit, or any other similar benefit for which payments or assistance are provided to an individual, household, or family eligibility unit by an agency of a State or local government or by appropriated funds of a State or local government. (2) Such term shall not apply (A) to any contract, professional license, or commercial license for a nonimmigrant whose visa for entry is related to such employment in the United States, or to a citizen of a freely associated state, if section 141 of the applicable compact of free association approved in Public Law 99239 or 99658 (or a successor provision) is in effect; (B) with respect to benefits for an alien who as a work authorized nonimmigrant or as an alien lawfully admitted for permanent residence under the Immigration and Nationality Act [8 U.S.C. 1101 et seq.] qualified for such benefits and for whom the United States under reciprocal treaty agreements is required to pay benefits, as determined by the Secretary of State, after consultation with the Attorney General; or (C) to the issuance of a professional license to, or the renewal of a professional license by, a foreign national not physically present in the United States. (3) Such term does not include any Federal public benefit under section 1611(c) of this title. (d) State authority to provide for eligibility of illegal aliens for State and local public benefits A State may provide that an alien who is not lawfully present in the United States is eligible for any State or local public benefit for which such alien would otherwise be ineligible under subsection (a) of this section only through the enactment of a State law after August 22, 1996, which affirmatively provides for such eligibility. (Pub. L. 104193, title IV, 411, Aug. 22, 1996, 110 Stat. 2268; Pub. L. 10533, title V, 5565, 5581(b)(1), Aug. 5, 1997, 111 Stat. 639, 642; Pub. L. 105306, 5(b), Oct. 28, 1998, 112 Stat. 2927.)