§ 1103. — Powers and duties.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 8USC1103]
TITLE 8--ALIENS AND NATIONALITY
CHAPTER 12--IMMIGRATION AND NATIONALITY
SUBCHAPTER I--GENERAL PROVISIONS
Sec. 1103. Powers and duties of the Secretary, the Under
Secretary, and the Attorney General
(a) Administration and enforcement
(1) The Attorney General shall be charged with the administration
and enforcement of this chapter and all other laws relating to the
immigration and naturalization of aliens, except insofar as this chapter
or such laws relate to the powers, functions, and duties conferred upon
the President, Attorney General, the Secretary of State, the officers of
the Department of State, or diplomatic or consular officers: Provided,
however, That determination and ruling by the Attorney General with
respect to all questions of law shall be controlling.
(2) He shall have control, direction, and supervision of all
employees and of all the files and records of the Service.
(3) He shall establish such regulations; prescribe such forms of
bond, reports, entries, and other papers; issue such instructions; and
perform such other acts as he deems necessary for carrying out his
authority under the provisions of this chapter.
(4) He may require or authorize any employee of the Service or the
Department of Justice to perform or exercise any of the powers,
privileges, or duties conferred or imposed by this chapter or
regulations issued thereunder upon any other employee of the Service.
(5) He shall have the power and duty to control and guard the
boundaries and borders of the United States against the illegal entry of
aliens and shall, in his discretion, appoint for that purpose such
number of employees of the Service as to him shall appear necessary and
proper.
(6) He is authorized to confer or impose upon any employee of the
United States, with the consent of the head of the Department or other
independent establishment under whose jurisdiction the employee is
serving, any of the powers, privileges, or duties conferred or imposed
by this chapter or regulations issued thereunder upon officers or
employees of the Service.
(7) He may, with the concurrence of the Secretary of State,
establish offices of the Service in foreign countries; and, after
consultation with the Secretary of State, he may, whenever in his
judgment such action may be necessary to accomplish the purposes of this
chapter, detail employees of the Service for duty in foreign countries.
(8) After consultation with the Secretary of State, the Attorney
General may authorize officers of a foreign country to be stationed at
preclearance facilities in the United States for the purpose of ensuring
that persons traveling from or through the United States to that foreign
country comply with that country's immigration and related laws.
(9) Those officers may exercise such authority and perform such
duties as United States immigration officers are authorized to exercise
and perform in that foreign country under reciprocal agreement, and they
shall enjoy such reasonable privileges and immunities necessary for the
performance of their duties as the government of their country extends
to United States immigration officers.
(10) In the event the Attorney General determines that an actual or
imminent mass influx of aliens arriving off the coast of the United
States, or near a land border, presents urgent circumstances requiring
an immediate Federal response, the Attorney General may authorize any
State or local law enforcement officer, with the consent of the head of
the department, agency, or establishment under whose jurisdiction the
individual is serving, to perform or exercise any of the powers,
privileges, or duties conferred or imposed by this chapter or
regulations issued thereunder upon officers or employees of the Service.
(11) The Attorney General, in support of persons in administrative
detention in non-Federal institutions, is authorized--
(A) to make payments from funds appropriated for the
administration and enforcement of the laws relating to immigration,
naturalization, and alien registration for necessary clothing,
medical care, necessary guard hire, and the housing, care, and
security of persons detained by the Service pursuant to Federal law
under an agreement with a State or political subdivision of a State;
and
(B) to enter into a cooperative agreement with any State,
territory, or political subdivision thereof, for the necessary
construction, physical renovation, acquisition of equipment,
supplies or materials required to establish acceptable conditions of
confinement and detention services in any State or unit of local
government which agrees to provide guaranteed bed space for persons
detained by the Service.
(b) Land acquisition authority
(1) The Attorney General may contract for or buy any interest in
land, including temporary use rights, adjacent to or in the vicinity of
an international land border when the Attorney General deems the land
essential to control and guard the boundaries and borders of the United
States against any violation of this chapter.
(2) The Attorney General may contract for or buy any interest in
land identified pursuant to paragraph (1) as soon as the lawful owner of
that interest fixes a price for it and the Attorney General considers
that price to be reasonable.
(3) When the Attorney General and the lawful owner of an interest
identified pursuant to paragraph (1) are unable to agree upon a
reasonable price, the Attorney General may commence condemnation
proceedings pursuant to section 3113 of title 40.
(4) The Attorney General may accept for the United States a gift of
any interest in land identified pursuant to paragraph (1).
(c) Commissioner; appointment
The Commissioner shall be a citizen of the United States and shall
be appointed by the President, by and with the advice and consent of the
Senate. He shall be charged with any and all responsibilities and
authority in the administration of the Service and of this chapter which
are conferred upon the Attorney General as may be delegated to him by
the Attorney General or which may be prescribed by the Attorney General.
The Commissioner may enter into cooperative agreements with State and
local law enforcement agencies for the purpose of assisting in the
enforcement of the immigration laws.
(d) Statistical information system
(1) The Commissioner, in consultation with interested academicians,
government agencies, and other parties, shall provide for a system for
collection and dissemination, to Congress and the public, of information
(not in individually identifiable form) useful in evaluating the social,
economic, environmental, and demographic impact of immigration laws.
(2) Such information shall include information on the alien
population in the United States, on the rates of naturalization and
emigration of resident aliens, on aliens who have been admitted,
paroled, or granted asylum, on nonimmigrants in the United States (by
occupation, basis for admission, and duration of stay), on aliens who
have not been admitted or have been removed from the United States, on
the number of applications filed and granted for cancellation of
removal, and on the number of aliens estimated to be present unlawfully
in the United States in each fiscal year.
(3) Such system shall provide for the collection and dissemination
of such information not less often than annually.
(e) Annual report
(1) The Commissioner shall submit to Congress annually a report
which contains a summary of the information collected under subsection
(d) of this section and an analysis of trends in immigration and
naturalization.
(2) Each annual report shall include information on the number, and
rate of denial administratively, of applications for naturalization, for
each district office of the Service and by national origin group.
(f) Minimum number of agents in States
The Attorney General shall allocate to each State not fewer than 10
full-time active duty agents of the Immigration and Naturalization
Service to carry out the functions of the Service, in order to ensure
the effective enforcement of this chapter.
(g) Attorney General
(1) In general
The Attorney General shall have such authorities and functions
under this chapter and all other laws relating to the immigration
and naturalization of aliens as were exercised by the Executive
Office for Immigration Review, or by the Attorney General with
respect to the Executive Office for Immigration Review, on the day
before the effective date of the Immigration Reform, Accountability
and Security Enhancement Act of 2002.
(2) Powers
The Attorney General shall establish such regulations, prescribe
such forms of bond, reports, entries, and other papers, issue such
instructions, review such administrative determinations in
immigration proceedings, delegate such authority, and perform such
other acts as the Attorney General determines to be necessary for
carrying out this section.
(June 27, 1952, ch. 477, title I, Sec. 103, 66 Stat. 173; Pub. L. 100-
525, Sec. 9(c), Oct. 24, 1988, 102 Stat. 2619; Pub. L. 101-649, title I,
Sec. 142, Nov. 29, 1990, 104 Stat. 5004; Pub. L. 104-208, div. C, title
I, Secs. 102(d), 125, 134(a), title III, Secs. 308(d)(4)(C), (e)(4),
372, 373, Sept. 30, 1996, 110 Stat. 3009-555, 3009-562, 3009-564, 3009-
618, 3009-620, 3009-646, 3009-647; Pub. L. 107-296, title XI, Sec. 1102,
Nov. 25, 2002, 116 Stat. 2273.)
References in Text
The Immigration Reform, Accountability and Security Enhancement Act
of 2002, referred to in subsec. (g)(1), was S. 2444 of the 107th
Congress, as introduced on May 2, 2002, which was not enacted into law.
Provisions relating to the Executive Office for Immigration Review are
contained in section 521 of Title 6, Domestic Security.
Codification
``Section 3113 of title 40'' substituted in subsec. (b)(3) for ``the
Act of August 1, 1888 (Chapter 728; 25 Stat. 357)'' on authority of Pub.
L. 107-217, Sec. 5(c), Aug. 21, 2002, 116 Stat. 1303, the first section
of which enacted Title 40, Public Buildings, Property, and Works.
Amendments
2002--Pub. L. 107-296, Sec. 1102(1), amended section catchline
generally.
Subsec. (a)(1). Pub. L. 107-296, Sec. 1102(2)(A), inserted
``Attorney General,'' after ``President,''.
Subsec. (a)(8) to (11). Pub. L. 107-296, Sec. 1102(2)(B),
redesignated par. (8), relating to Attorney General authorization of
State and local law enforcement officers in event of mass influx of
aliens arriving, and par. (9), relating to Attorney General authority to
support administrative detention of persons in non-Federal institutions,
as pars. (10) and (11), respectively.
Subsec. (g). Pub. L. 107-296, Sec. 1102(3), added subsec. (g).
1996--Subsec. (a). Pub. L. 104-208, Sec. 372(1), (2), inserted
``(1)'' before first sentence and designated each sentence after the
first sentence, which included second through ninth sentences, as a
separate par. with appropriate consecutive numbering and initial
indentation.
Pub. L. 104-208, Sec. 125, inserted at end ``After consultation with
the Secretary of State, the Attorney General may authorize officers of a
foreign country to be stationed at preclearance facilities in the United
States for the purpose of ensuring that persons traveling from or
through the United States to that foreign country comply with that
country's immigration and related laws. Those officers may exercise such
authority and perform such duties as United States immigration officers
are authorized to exercise and perform in that foreign country under
reciprocal agreement, and they shall enjoy such reasonable privileges
and immunities necessary for the performance of their duties as the
government of their country extends to United States immigration
officers.''
Subsec. (a)(8). Pub. L. 104-208, Sec. 372(3), added at end par. (8)
relating to Attorney General authorization of State and local law
enforcement officers in event of mass influx of aliens arriving.
Subsec. (a)(9). Pub. L. 104-208, Sec. 373(1), added at end par. (9)
relating to Attorney General authority to support administrative
detention of persons in non-Federal institutions.
Subsec. (b). Pub. L. 104-208, Sec. 102(d)(1)(B), added subsec. (b).
Former subsec. (b) redesignated (c).
Subsec. (c). Pub. L. 104-208, Sec. 373(2), inserted at end ``The
Commissioner may enter into cooperative agreements with State and local
law enforcement agencies for the purpose of assisting in the enforcement
of the immigration laws.''
Pub. L. 104-208, Sec. 102(d)(1)(A), redesignated subsec. (b) as (c).
Former subsec. (c) redesignated (d).
Subsec. (d). Pub. L. 104-208, Sec. 102(d)(1)(A), redesignated
subsec. (c) as (d). Former subsec. (d) redesignated (e).
Subsec. (d)(2). Pub. L. 104-208, Sec. 308(e)(4), which directed
amendment of subsec. (c)(2) by substituting ``cancellation of removal''
for ``suspension of deportation'', was executed by making the
substitution in subsec. (d)(2) to reflect the probable intent of
Congress and the redesignation of subsec. (c) as (d) by Pub. L. 104-208,
Sec. 102(d)(1)(A). See above.
Pub. L. 104-208, Sec. 308(d)(4)(C), which directed amendment of
subsec. (c)(2) by substituting ``not been admitted or have been
removed'' for ``been excluded or deported'', was executed by making the
substitution in subsec. (d)(2) to reflect the probable intent of
Congress and the redesignation of subsec. (c) as (d) by Pub. L. 104-208,
Sec. 102(d)(1)(A). See above.
Subsec. (e). Pub. L. 104-208, Sec. 102(d)(2), substituted
``subsection (d)'' for ``subsection (c)'' in par. (1).
Pub. L. 104-208, Sec. 102(d)(1)(A), redesignated subsec. (d) as (e).
Subsec. (f). Pub. L. 104-208, Sec. 134(a), added subsec. (f).
1990--Subsecs. (c), (d). Pub. L. 101-649 added subsecs. (c) and (d).
1988--Subsec. (a). Pub. L. 100-525, Sec. 9(c)(1), substituted
``instructions'' for ``intructions'' and amended fourth sentence
generally. Prior to amendment, fourth sentence read as follows: ``He is
authorized, in accordance with the civil-service laws and regulations
and the Classification Act of 1949, to appoint such employees of the
Service as he deems necessary, and to delegate to them or to any officer
or employee of the Department of Justice in his discretion any of the
duties and powers imposed upon him in this chapter; he may require or
authorize any employee of the Service or the Department of Justice to
perform or exercise any of the powers, privileges, or duties conferred
or imposed by this chapter or regulations issued thereunder upon any
other employee of the Service.''
Subsec. (b). Pub. L. 100-525, Sec. 9(c)(2), struck out provision
that Commissioner was to receive compensation at rate of $17,500 per
annum.
Effective Date of 2002 Amendment
Amendment by Pub. L. 107-296 effective 60 days after Nov. 25, 2002,
see section 4 of Pub. L. 107-296, set out as an Effective Date note
under section 101 of Title 6, Domestic Security.
Effective Date of 1996 Amendment
Section 134(b) of div. C of Pub. L. 104-208 provided that: ``The
amendment made by subsection (a) [amending this section] shall take
effect 90 days after the date of the enactment of this Act [Sept. 30,
1996].''
Amendment by section 308(d)(4)(C), (e)(4) of Pub. L. 104-208
effective, with certain transitional provisions, on the first day of the
first month beginning more than 180 days after Sept. 30, 1996, see
section 309 of Pub. L. 104-208, set out as a note under section 1101 of
this title.
Effective Date of 1990 Amendment
Amendment by Pub. L. 101-649 effective Oct. 1, 1991, and applicable
beginning with fiscal year 1992, see section 161(a) of Pub. L. 101-649,
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.
Fingerprint Cards
Pub. L. 105-119, title I, Nov. 26, 1997, 111 Stat. 2448, provided in
part: ``That beginning seven calendar days after the enactment of this
Act [Nov. 26, 1997] and for each fiscal year thereafter, none of the
funds appropriated or otherwise made available to the Immigration and
Naturalization Service may be used by the Immigration and Naturalization
Service to accept, for the purpose of conducting criminal background
checks on applications for any benefit under the Immigration and
Nationality Act [8 U.S.C. 1101 et seq.], any FD-258 fingerprint card
which has been prepared by or received from any individual or entity
other than an office of the Immigration and Naturalization Service with
the following exceptions: (1) State and local law enforcement agencies;
and (2) United States consular offices at United States embassies and
consulates abroad under the jurisdiction of the Department of State or
United States military offices under the jurisdiction of the Department
of Defense authorized to perform fingerprinting services to prepare FD-
258 fingerprint cards for applicants residing abroad applying for
immigration benefits''.
Improvement of Barriers at Border
Section 102(a)-(c) of div. C of Pub. L. 104-208 provided that:
``(a) In General.--The Attorney General, in consultation with the
Commissioner of Immigration and Naturalization, shall take such actions
as may be necessary to install additional physical barriers and roads
(including the removal of obstacles to detection of illegal entrants) in
the vicinity of the United States border to deter illegal crossings in
areas of high illegal entry into the United States.
``(b) Construction of Fencing and Road Improvements in the Border
Area Near San Diego, California.--
``(1) In general.--In carrying out subsection (a), the Attorney
General shall provide for the construction along the 14 miles of the
international land border of the United States, starting at the
Pacific Ocean and extending eastward, of second and third fences, in
addition to the existing reinforced fence, and for roads between the
fences.
``(2) Prompt acquisition of necessary easements.--The Attorney
General, acting under the authority conferred in section 103(b) of
the Immigration and Nationality Act [8 U.S.C. 1103(b)] (as inserted
by subsection (d)), shall promptly acquire such easements as may be
necessary to carry out this subsection and shall commence
construction of fences immediately following such acquisition (or
conclusion of portions thereof).
``(3) Safety features.--The Attorney General, while constructing
the additional fencing under this subsection, shall incorporate such
safety features into the design of the fence system as are necessary
to ensure the well-being of border patrol agents deployed within or
in near proximity to the system.
``(4) Authorization of appropriations.--There are authorized to
be appropriated to carry out this subsection not to exceed
$12,000,000. Amounts appropriated under this paragraph are
authorized to remain available until expended.
``(c) Waiver.--The provisions of the Endangered Species Act of 1973
[16 U.S.C. 1531 et seq.] and the National Environmental Policy Act of
1969 [42 U.S.C. 4321 et seq.] are waived to the extent the Attorney
General determines necessary to ensure expeditious construction of the
barriers and roads under this section [amending this section].''
Improved Border Equipment and Technology
Section 103 of div. C of Pub. L. 104-208 provided that: ``The
Attorney General is authorized to acquire and use, for the purpose of
detection, interdiction, and reduction of illegal immigration into the
United States, any Federal equipment (including fixed wing aircraft,
helicopters, four-wheel drive vehicles, sedans, night vision goggles,
night vision scopes, and sensor units) determined available for transfer
by any other agency of the Federal Government upon request of the
Attorney General.''
Hiring and Training Standards
Section 106(a), (b) of div. C of Pub. L. 104-208 provided that:
``(a) Review of Hiring Standards.--Not later than 60 days after the
date of the enactment of this Act [Sept. 30, 1996], the Attorney General
shall complete a review of all prescreening and hiring standards used by
the Commissioner of Immigration and Naturalization, and, where
necessary, revise such standards to ensure that they are consistent with
relevant standards of professionalism.
``(b) Certification.--At the conclusion of each of fiscal years
1997, 1998, 1999, 2000, and 2001, the Attorney General shall certify in
writing to the Committees on the Judiciary of the House of
Representatives and of the Senate that all personnel hired by the
Commissioner of Immigration and Naturalization for such fiscal year were
hired pursuant to the appropriate standards, as revised under subsection
(a).''
Report on Border Strategy
Section 107 of div. C of Pub. L. 104-208 provided that:
``(a) Evaluation of Strategy.--The Comptroller General of the United
States shall track, monitor, and evaluate the Attorney General's
strategy to deter illegal entry in the United States to determine the
efficacy of such strategy.
``(b) Cooperation.--The Attorney General, the Secretary of State,
and the Secretary of Defense shall cooperate with the Comptroller
General of the United States in carrying out subsection (a).
``(c) Report.--Not later than one year after the date of the
enactment of this Act [Sept. 30, 1996], and every year thereafter for
the succeeding 5 years, the Comptroller General of the United States
shall submit a report to the Committees on the Judiciary of the House of
Representatives and of the Senate on the results of the activities
undertaken under subsection (a) during the previous year. Each such
report shall include an analysis of the degree to which the Attorney
General's strategy has been effective in reducing illegal entry. Each
such report shall include a collection and systematic analysis of data,
including workload indicators, related to activities to deter illegal
entry and recommendations to improve and increase border security at the
border and ports of entry.''
Compensation for Immigration Judges
Section 371(c) of div. C of Pub. L. 104-208 provided that:
``(1) In general.--There shall be four levels of pay for immigration
judges, under the Immigration Judge Schedule (designated as IJ-1, 2, 3,
and 4, respectively), and each such judge shall be paid at one of those
levels, in accordance with the provisions of this subsection.
``(2) Rates of pay.--
``(A) The rates of basic pay for the levels established under
paragraph (1) shall be as follows:
IJ-1................................ 70% of the next to highest rate of
basic pay for the Senior
Executive Service
IJ-2................................ 80% of the next to highest rate of
basic pay for the Senior
Executive Service
IJ-3................................ 90% of the next to highest rate of
basic pay for the Senior
Executive Service
IJ-4................................ 92% of the next to highest rate of
basic pay for the Senior
Executive Service.
``(B) Locality pay, where applicable, shall be calculated into
the basic pay for immigration judges.
``(3) Appointment.--
``(A) Upon appointment, an immigration judge shall be paid at
IJ-1, and shall be advanced to IJ-2 upon completion of 104 weeks of
service, to IJ-3 upon completion of 104 weeks of service in the next
lower rate, and to IJ-4 upon completion of 52 weeks of service in
the next lower rate.
``(B) Notwithstanding subparagraph (A), the Attorney General may
provide for appointment of an immigration judge at an advanced rate
under such circumstances as the Attorney General may determine
appropriate.
``(4) Transition.--Immigration judges serving as of the effective
date shall be paid at the rate that corresponds to the amount of time,
as provided under paragraph (3)(A), that they have served as an
immigration judge, and in no case shall be paid less after the effective
date than the rate of pay prior to the effective date.''
[Section 371(d)(2) of div. C of Pub. L. 104-208 provided that:
``Subsection (c) [set out above] shall take effect 90 days after the
date of the enactment of this Act [Sept. 30, 1996].'']
Machine-Readable Document Border Security Program
Pub. L. 100-690, title IV, Sec. 4604, Nov. 18, 1988, 102 Stat. 4289,
which required Department of State, United States Customs Service, and
Immigration and Naturalization Service to develop a comprehensive
machine-readable travel and identity document border security program
that would improve border entry and departure control through automated
data capture of machine-readable travel and identity documents, directed
specified agencies and organizations to contribute law enforcement data
for the system, authorized appropriations for the program, and required
continuing full implementation in fiscal years 1990, 1991, and 1992, by
all participating agencies, was repealed by Pub. L. 102-583,
Sec. 6(e)(1), Nov. 2, 1992, 106 Stat. 4933.
Immigration and Naturalization Service Personnel Enhancement
Pub. L. 100-690, title VII, Sec. 7350, Nov. 18, 1988, 102 Stat.
4473, provided that:
``(a) Pilot Program Regarding the Identification of Certain
Aliens.--
``(1) Within 6 months after the effective date of this subtitle
[Nov. 18, 1988], the Attorney General shall establish, out of funds
appropriated pursuant to subsection (c)(2), a pilot program in 4
cities to improve the capabilities of the Immigration and
Naturalization Service (hereinafter in this section referred to as
the `Service') to respond to inquiries from Federal, State, and
local law enforcement authorities concerning aliens who have been
arrested for or convicted of, or who are the subject of any criminal
investigation relating to, a violation of any law relating to
controlled substances (other than an aggravated felony as defined in
section 101(a)(43) of the Immigration and Nationality Act [8 U.S.C.
1101(a)(43)], as added by section 7342 of this subtitle).
``(2) At the end of the 12-month period after the establishment
of such pilot program, the Attorney General shall provide for an
evaluation of its effectiveness, including an assessment by Federal,
State, and local prosecutors and law enforcement agencies. The
Attorney General shall submit a report containing the conclusions of
such evaluation to the Committees on the Judiciary of the House of
Representatives and of the Senate within 60 days after the
completion of such evaluation.
``(b) Hiring of Investigative Agents.--
``(1) Any investigative agent hired by the Attorney General for
purposes of this section shall be employed exclusively to assist
Federal, State, and local law enforcement agencies in combating drug
trafficking and crimes of violence by aliens.
``(2) Any investigative agent hired under this section who is
older than 35 years of age shall not be eligible for Federal
retirement benefits made available to individuals who perform
hazardous law enforcement activities.''
Pilot Program To Establish or Improve Computer Capabilities
Pub. L. 99-570, title I, Sec. 1751(e), Oct. 27, 1986, 100 Stat.
3207-48, provided that:
``(1) From the sums appropriated to carry out this Act, the Attorney
General, through the Investigative Division of the Immigration and
Naturalization Service, shall provide a pilot program in 4 cities to
establish or improve the computer capabilities of the local offices of
the Service and of local law enforcement agencies to respond to
inquiries concerning aliens who have been arrested or convicted for, or
are the subject to criminal investigation relating to, a violation of
any law relating to controlled substances. The Attorney General shall
select cities in a manner that provides special consideration for cities
located near the land borders of the United States and for large cities
which have major concentrations of aliens. Some of the sums made
available under the pilot program shall be used to increase the
personnel level of the Investigative Division.
``(2) At the end of the first year of the pilot program, the
Attorney General shall provide for an evaluation of the effectiveness of
the program and shall report to Congress on such evaluation and on
whether the pilot program should be extended or expanded.''
Emergency Plans for Regulation of Nationals of Enemy Countries
Attorney General to develop national security emergency plans for
regulation of immigration, regulation of nationals of enemy countries,
and plans to implement laws for control of persons entering or leaving
the United States, see section 1101(4) of Ex. Ord. No. 12656, Nov. 18,
1988, 53 F.R. 47491, set out as a note under section 5195 of Title 42,
The Public Health and Welfare.
Section Referred to in Other Sections
This section is referred to in title 6 sections 521, 522.
