Mar. 14, 1949 Dec. 16, 1957. May 2, 5, 1958. July 10, 1925 July 6, Sept. 30, 1955. July 7, 1947 Oct. 10, 1949 May 11, 13, 1925 May 22, 25, 1956 May 20, 1929. Apr. 6, 1956.. Νον. 24, 1952 Dec. 17, 1962. Jan. 21, 1963. Feb. 22, 1950. Aug. 25, 1939. Jan. 21, 1952 Apr. 10, 1947. Oct. 22, 1947 Sept. 19, 1925 Mar. 12, 1937. Nov. 9, 12, 1948.. Mar. 16, 1949 Oct. 11, 1955 Mar. 24, 1937 Apr. 3, 1956.. Mar. 26, Aug. Union of South Africa. Socialist Republics. United Arab United Kingdom.. 11, 20, 1958. June 3, Aug. 1, 1963. Nov. 9, 12, 1948 Aug. 1, 1963 Uruguay.. Nov. 3, 8, 1949 Venezuela. Jan. 5, 12, 1937 Nov. 12, 1948 Nov. 10, 1949 Jan. 12, 1937 Feb. 1, 1925 Mar. 25, 1950 Apr. 15, 1964 CROSS REFERENCES Definition of the term Citation 63 Stat. 2538. 9 UST 913. 10 UST 1696. 61 Stat. 3101. 3 UST 365. TIAS 3573. 8 UST 468. 3 UST 5196. 14 UST 118. 1 UST 461. 54 Stat. 2487. 3 UST 2927. 61 Stat. 4050. TIAS 3172. 62 Stat. 3824. 63 Stat. 2737. TIAS 3508. 189 LNTS 113. 9 UST 1413. 14 UST 1191. 62 Stat. 3824. 64 Stat. B 122. 1 UST 471. 15 UST 355. Alien, see section 1101 (a) (3) of this title. title. Entry, see section 1101 (a) (13) of this title. Immigrant visa, see section 1101 (a) (16) of this title. National of the United States, see section 1101 (a) (22) of this title. National, see section 1101 (a) (21) of this title. Nonimmigrant alien, see section 1101 (a) (15) of this title. Nonimmigrant visa, see section 1101 (a) (26) of this title. Residence, see section 1101 (a) (33) of this title. Service, see section 1101 (a) (34) of this title. Reentry permit, see section 1203 of this title. SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 1356 of this title. § 1352. Printing of reentry permits and blank forms of manifest and crew lists; sale to public. (a) Reentry permits issued under section 1203 of this title shall be printed on distinctive safety paper and shall be prepared and issued under regulations prescribed by the Attorney General. (b) The Public Printer is authorized to print for sale to the public by the Superintendent of Documents, upon prepayment, copies of blank forms of manifests and crew lists and such other forms as may be prescribed and authorized by the Attorney Genera. to be sold pursuant to the provisions of this subchapter. (June 27, 1952, ch. 477, title II, ch. 9, § 282, 66 Stat. 231.) CROSS REFERENCES Definition of the term Attorney General, see section 1101 (a) (5) of this title. § 1353. Travel expenses and expense of transporting remains of officers and employees dying outside of United States. When officers, inspectors, or other employees of the Service are ordered to perform duties in a foreign country, or are transferred from one station to another, in the United States or in a foreign country, or while performing duties in any foreign country become eligible for voluntary retirement and return to the United States, they shall be allowed their traveling expenses in accordance with such regulations as the Attorney General may deem advisable, and they may also be allowed, within the discretion and under written orders of the Attorney General, the expenses incurred for the transfer of their wives and dependent children, their household effects and other personal property, including the expenses for packing, crating, freight, unpacking, temporary storage, and drayage thereof in accordance with section 73b-1 of Title 5. The expense of transporting the remains of such officers, inspectors, or other employees who die while in, or in transit to, a foreign country in the discharge of their official duties, to their former homes in this country for interment, and the ordinary and necessary expenses of such interment and of preparation for shipment, are authorized to be paid on the written order of the Attorney General. (June 27, 1952, ch. 477, title II, ch. 8, § 283, 66 Stat. 231.) REFERENCES IN TEXT Section 73b-1 of Title 5, referred to in the text, was repealed in the general revision of Title 5 by Pub. L. 89-554, § 8(a), Sept. 6, 1966, 80 Stat. 632, and the provisions are now covered by sections 5721, 5724 to 5727, and 5730 of Title 5, Government Organization and Employees. CROSS REFERENCES Definition of the term Attorney General, see section 1101 (a) (5) of this title. Service, see section 1101 (a) (34) of this title. § 1353a. Officers and employees; overtime services; this section shall be construed in any manner to affect or alter the length of a working day for such employees or the overtime pay herein fixed. (Mar. 2, 1931, ch. 368, § 1, 46 Stat. 1467; Ex. Ord. No. 6166, § 14, June 10, 1933; 1940 Reorg. Plan No. V, eff. June 14, 1940, 5 F.R. 2423, 54 Stat. 1238; June 27, 1952, ch. 477, title IV, § 402(i) (1), 66 Stat. 278.) CODIFICATION Section was not enacted as a part of the Immigration and Nationality Act which comprises this chapter. Ex. Ord. No. 6166, is authority for the substitution of "Immigration and Naturalization Service" for "Immigration Service"; and 1940 Reorg. Plan No. V. is authority for the substitution of "Attorney General" for "Secretary of Labor." See note set out under section 1551 of this title. AMENDMENTS 1952-Act June 27, 1952, substituted "immigration officers" for "inspectors". TRANSFER OF FUNCTIONS All functions of all other officers of the Department of Justice and all functions of all agencies and employees of such Department were, with a few exceptions, transferred to the Attorney General, with power vested in him to authorize their performance of the 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, Government Organization and Employees. CROSS REFERENCES Payment of overtime services or for Sunday or holiday work under this section not prevented by generally applicable premium pay provisions covering government employees, see section 5549 of Title 5, Government Organization and Employees. SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 1353d, 1556 of this title; title 5 section 5549. § 1353b. Extra compensation; payment. The said extra compensation shall be paid by the master, owner, agent, or consignee of such vessel or other conveyance arriving in the United States from a foreign port to the Attorney General, who shall pay the same to the several immigration officers and employees entitled thereto as provided in section 1353a of this title. Such extra compensation shall be paid if such officers or employees have been ordered to report for duty and have so reported, whether the actual inspection or examination of passengers or crew takes place or not: Provided, That this section shall not apply to the inspection at designated ports of entry of passengers arriving by international ferries, bridges, or tunnels, or by aircraft, railroad trains, or vessels on the Great Lakes and connecting waterways, when operating on regular schedules. (Mar. 2, 1931, ch. 368, § 2, 46 Stat. 1467; 1940 Reorg. Plan No. V, eff. June 14, 1940, 5 F.R. 2423, 54 Stat. 1238.) CODIFICATION Section was not enacted as a part of the Immigration and Nationality Act which comprises this chapter. 1940 Reorg. Plan No. V, is authority for the substitution of "Attorney General" for "Secretary of Labor." See note set out under section 1551 of this title. TRANSFER OF FUNCTIONS All functions of all other officers of the Department of Justice and all functions of all agencies and employees of such Department were, with a few exceptions, transferred to the Attorney General, with power vested in him to authorize their performance or the 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, Government Organization and Employees. CROSS REFERENCES Maximum charges for certain overtime services, notwithstanding any other provision of law, see section 1741 of Title 49, Transportation. Payment of overtime services or for Sunday or holiday work under this section not prevented by generally applicable premium pay provisions covering government employees, see section 5549 of Title 5, Government Organization and Employees. SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 1353d, 1556 of this title; title 5 section 5549. § 1353c. Same; immigration officials. Nothing in section 1914 of Title 18, relative to augmenting salaries of Government officials from outside sources shall prevent receiving reimbursements for services of immigration officials incident to the inspection of aliens in foreign contiguous territory and such reimbursement shall be credited to the appropriation, "Immigration and Naturalization Service-Salaries and Expenses." (Mar. 4, 1921, ch. 161, § 1, 41 Stat. 1424; Sept. 3, 1954, ch. 1263, § 6, 68 Stat. 1227.) REFERENCES IN TEXT Section 1914 of Title 18, referred to in the text, was repealed and is now covered by section 209 of Title 18, Crimes and Criminal Procedure. CODIFICATION Section was not enacted as a part of the Immigration and Nationality Act which comprises this chapter. AMENDMENTS 1954 Act Sept. 3, 1954, substituted "section 1914 of Title 18" for "section 66 of this title". PRIOR PROVISIONS Section constituted a part of section 1 of act Mar. 4, 1921, ch. 161, 41 Stat. 1424, which rendered act Mar. 3, 1917, ch. 163, § 1, 39 Stat. 1106, (former section 66 of Title 5) inapplicable to immigration officials under the circumstances stated. § 1353d. Disposition of money received as extra compensation. Moneys collected on or after July 1, 1941, as extra compensation for overtime service of immigration officers and employees of the Immigration Service pursuant to sections 1353a and 1353b of this title, shall be deposited in the Treasury of the United States to the credit of the appropriation for the payment of salaries, field personnel of the Immigration and Naturalization Service, and the appropriation so credited shall be available for the payment of such compensation. (Aug. 22, 1940, ch. 688, 54 Stat. 858; June 27 1958, ch. 477, title IV, §402(i) (2), 66 Stat. 278.) CODIFICATION Section was not enacted as a part of the Immigration and Nationality Act which comprises this chapter. AMENDMENTS 1952-Act June 27, 1952, substituted "immigration officers" for "inspectors". TRANSFERS OF FUNCTIONS All functions of all other officers of the Department of Justice and all functions of all agencies and employees of such Department were, with a few exceptions, transferred to the Attorney General, with power vested in him to authorize their performance or the 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, Government Organization and Employees. § 1354. Applicability to members of the armed forces. Nothing contained in this subchapter shall be construed so as to limit, restrict, deny, or affect the coming into or departure from the United States of an alien member of the Armed Forces of the United States who is in the uniform of, or who bears documents identifying him as a member of, such Armed Forces, and who is coming to or departing from the United States under official orders or permit of such Armed Forces: Provided, That nothing contained in this section shall be construed to give to or confer upon any such alien any other privileges, rights, benefits, exemptions, or immunities under this chapter, which are not otherwise specifically granted by this chapter. (June 27, 1952, ch. 477, title II, ch. 9, § 284, 66 Stat. 232.) CROSS REFERENCES Definition of the term Alien, see section 1101 (a) (3) of this title. United States, see section 1101 (a) (38) of this title. § 1355. Disposal of privileges at immigrant stations; rentals; retail sale; disposition of receipts. (a) Subject to such conditions and limitations as the Attorney General shall prescribe, all exclusive privileges of exchanging money, transporting passengers or baggage, keeping eating houses, or other like privileges in connection with any United States immigrant station, shall be disposed of to the lowest responsible and capable bidder (other than an alien) in accordance with the provisions of section 5 of Title 41 and for the use of Government property in connection with the exercise of such exclusive privileges a reasonable rental may be charged. The feeding of aliens, or the furnishing of any other necessary service in connection with any United States immigrant station, may be performed by the Service without regard to the foregoing provisions of this subsection if the Attorney General shall find that it would be advantageous to the Government in terms of economy and efficiency. No intoxicating liquors shall be sold at any immigrant station. (b) Such articles determined by the Attorney General to be necessary to the health and welfare of aliens detained at any immigrant station, when not otherwise readily procurable by such aliens, may be sold at reasonable prices to such aliens through Government canteens operated by the Service, under such conditions and limitations as the Attorney General shall prescribe. (c) All rentals or other receipts accruing from the disposal of privileges, and all moneys arising from the sale of articles through Service-operated canteens, authorized by this section, shall be covered into the Treasury to the credit of the appropriation for the enforcement of this subchapter. (June 27 1952, ch. 477, title II, ch. 9, § 285, 66 Stat. 232.) CROSS REFERENCES Definition of the term Alien, see section 1101 (a) (3) of this title. title. Service, see section 1101 (a) (34) of this title. United States, see section 1101 (a) (38) of this title. § 1356. Disposition of monies collected under the provisions of this subchapter. (a) All moneys paid into the Treasury to reimburse the Service for detention, transportation, hospitalization, and all other expenses of detained aliens paid from the appropriation for the enforcement of this chapter, and all moneys paid into the Treasury to reimburse the Service for expenses of landing stations referred to in section 1228 (c) of this title paid by the Service from the appropriation for the enforcement of this chapter, shall be credited to the appropriation for the enforcement of this chapter for the fiscal year in which the expenses were incurred. (b) Except as otherwise provided in subsection (a) of this section, or in any other provision of this subchapter, all moneys received in payment of fees and administrative fines and penalties under this subchapter shall be covered into the Treasury as miscellaneous receipts: Provided, however, That all fees received from applicants residing in the Virgin Islands of the United States, and in Guam, required to be paid under section 1351 of this title, shall be paid over to the Treasury of the Virgin Islands and to the Treasury of Guam, respectively. (June 27, 1952, ch. 477, title II, ch. 9, § 286, 66 Stat. 232.) CROSS REFERENCES Definition of the term Alien, see section 1101 (a) (3) of this title. § 1357. Powers of immigration officers and employees. (a) Powers without warrant. Any officer or employee of the Service authorized under regulations prescribed by the Attorney General shall have power without warrant (1) to interrogate any alien or person believed to be an alien as to his right to be or to remain in the United States; (2) to arrest any alien who in his presence or view is entering or attempting to enter the United States in violation of any law or regulation made in pursuance of law regulating the admission, exclusion, or expulsion of aliens, or to arrest any alien in the United States, if he has reason to believe that the alien so arrested is in the United States in violation of any such law or regulation and is likely to escape before a warrant can be obtained for his arrest, but the alien arrested shall be taken without unnecessary delay for examination before an officer of the Service having authority to examine aliens as to their right to enter or remain in the United States; (3) within a reasonable distance from any external boundary of the United States, to board and search for aliens any vessel within the territorial waters of the United States and any railway car, aircraft, conveyance, or vehicle, and within a distance of twenty-five miles from any such external boundary to have access to private lands, but not dwellings, for the purpose of patrolling the border to prevent the illegal entry of aliens into the United States; and (4) to make arrests for felonies which have been committed and which are cognizable under any law of the United States regulating the admission, exclusion, or expulsion of aliens, if he has reason to believe that the person so arrested is guilty of such felony and if there is likelihood of the person escaping before a warrant can be obtained for his arrest, but the person arrested shall be taken without unnecessary delay before the nearest available officer empowered to commit persons charged with offenses against the laws of the United States. Any such employee shall also have the power to execute any warrant or other process issued by any officer under any law regulating the admission, exclusion, or expulsion of aliens. (b) Administration of oath; taking of evidence. Any officer or employee of the Service designated by the Attorney General, whether individually or as one of a class, shall have power and authority to administer oaths and to take and consider evidence concerning the privilege of any person to enter, reenter, pass through, or reside in the United States, or concerning any matter which is material or relevant to the enforcement of this chapter and the administration of the Service; and any person to whom such oath has been administered, under the provisions of this chapter, who shall knowingly or willfully give false evidence or swear to any false statement concerning any matter referred to in this subsection shall be guilty of perjury and shall be punished as provided by section 1621 of Title 18. (c) Search without warrant. Any officer or employee of the Service authorized and designated under regulations prescribed by the Attorney General, whether individually or as one of a class, shall have power to conduct a search, without warrant, of the person, and of the personal effects in the possession of any person seeking admission to the United States, concerning whom such officer or employee may have reasonable cause to suspect that grounds exist for exclusion from the United States under this chapter which would be disclosed by such search. (June 27, 1952, ch. 477, title II, ch. 9, § 287, 66 Stat. 233.) CROSS REFERENCES Definition of the term Alien, see section 1101 (a) (3) of this title. title. Entry, see section 1101 (a) (13) of this title. Immigration officer, see section 1101 (a) (18) of this title. Service, see section 1101 (a) (34) of this title. United States, see section 1101 (a) (38) of this title. Felony classified as an offense punishable by death or imprisonment for a term exceeding one year, see section 1 of Title 18, Crimes and Criminal Procedure. SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 1226 of this title. § 1358. Local jurisdiction over immigrant stations. The officers in charge of the various immigrant stations shall admit therein the proper State and local officers charged with the enforcement of the laws of the State or Territory of the United States in which any such immigrant station is located in order that such State and local officers may preserve the peace and make arrests for crimes under the laws of the States and Territories. For the purpose of this section the jurisdiction of such State and local officers and of the State and local courts shall extend over such immigrant stations. (June 27. 1952, ch. 477, title II, ch. 9, § 288, 66 Stat. 234.) § 1359. Application to American Indians born in Canada. Nothing in this subchapter shall be construed to affect the right of American Indians born in Canada to pass the borders of the United States, but such right shall extend only to persons who possess at least 50 per centum of blood of the American Indian race. (June 27, 1952, ch. 477, title II, ch. 9, § 289, 66 Stat. 234.) § 1360. Establishment of central file; information from other departments and agencies. (a) There shall be established in the office of the Commissioner, for the use of security and enforcement agencies of the Government of the United States, a central index, which shall contain the names of all aliens heretofore admitted to the United States, or excluded therefrom, insofar as such information is available from the existing records of the Service, and the names of all aliens hereafter admitted to the United States, or excluded therefrom, the names of their sponsors of record, if any, and such other relevant information as the Attorney General shall require as an aid to the proper enforcement of this chapter. (b) Any information in any records kept by any department or agency of the Government as to the identity and location of aliens in the United States shall be made available to the Service upon request made by the Attorney General to the head of any such department or agency. (c) The Secretary of Health, Education, and Welfare shall notify the Attorney General upon request whenever any alien is issued a social security account number and social security card. The Secretary shall also furnish such available information as may be requested by the Attorney General regarding the identity and location of aliens in the United States. (d) A written certification signed by the Attorney General or by any officer of the Service designated by the Attorney General to make such certification, that after diligent search no record or entry of a specified nature is found to exist in the records of the Service, shall be admissible as evidence in any proceeding as evidence that the records of the Service contain no such record or entry, and shall have the same effect as the testimony of a witness given in open court. (June 27, 1952, ch. 477, title II, ch. 9, § 290, 66 Stat. 234; 1953 Reorg. Plan No. 1, §§ 5, 8, eff. Apr. 11, 1953, 18 F. R. 2053, 67 Stat. 631.) TRANSFER OF FUNCTIONS All functions of the Federal Security Administrator were transferred to the Secretary of Health, Education, and Welfare and all agencies of the Federal Security Agency were transferred to the Department of Health, Education, and Welfare by section 5 of 1953 Reorg. Plan No. 1, set out in the Appendix to Title 5, Government Organization and Employees. The Federal Security Agency and the office of Administrator were abolished by section 8 of said 1953 Reorg. Plan No. 1. CROSS REFERENCES Definition of the term Alien, see section 1101 (a) (3) of this title. title. Commissoner, see section 1101 (a) (8) of this title. § 1361. Burden of proof upon alien. Whenever any person makes application for a visa or any other document required for entry, or makes application for admission, or otherwise attempts to enter the United States, the burden of proof shall be upon such person to establish that he is eligible to receive such visa or such document, or is not subject to exclusion under any provision of this chapter, and, if an alien, that he is entitled to the nonimmigrant, quota immigrant, or nonquota immigrant status claimed, as the case may be. If such person fails to establish to the satisfaction of the consular officer that he is eligible to receive a visa or other document required for entry, no visa or other document required for entry shall be issued to such person, nor shall such person be admitted to the United States unless he establishes to the satisfaction of the Attorney General that he is not subject to exclusion under any provision of this chapter. In any deportation proceeding under Part 5 of this subchapter against any person, the burden of proof shall be upon such person to show the time, place, and manner of his entry into the United States, but in presenting such proof he shall be entitled to the production of his visa or other entry document, if any, and of any other documents and records, not considered by the Attorney General to be confidential, pertaining to such entry in the custody of the Service. If such burden of proof is not sus-. tained, such person shall be presumed to be in the United States in violation of law. (June 27, 1952, ch. 477, title II, ch. 9, § 291, 66 Stat. 234.) CROSS REFERENCES Definition of the term Alien, see section 1101 (a) (3) of this title. title. Consular officer, see section 1101 (a) (9) of this title. Entry, see section 1101 (a) (13) of this title. Nonimmigrant alien, see section 1101 (a) (15) of this title. Profession, see section 1101(a)(32) of this title. § 1362. Right to counsel. In any exclusion or deportation proceedings before a special inquiry officer and in any appeal proceedings before the Attorney General from any such exclusion or deportation proceedings, the person concerned shall have the privilege of being represented (at no expense to the Government) by such counsel, authorized to practice in such proceedings, as he shall choose. (June 27, 1952, ch. 477, title II, ch. 9, § 292, 66 Stat. 235.) CROSS REFERENCES Definition of the term Attorney General, see section 1101 (a) (5) of this title. Special inquiry officer, see section 1101 (b) (4) of this title. § 1363. Deposit of and interest on cash received to secure immigration bonds. (a) Cash received by the Attorney General as security on an immigration bond shall be deposited in the Treasury of the United States in trust for the obligor on the bond, and shall bear interest payable at a rate determined by the Secretary of the Treasury, except that in no case shall the interest rate exceed 3 per centum per annum. Such interest shall accrue from date of deposit occurring after April 27, 1966, to and including date of withdrawal or date of breach of the immigration bond, whichever occurs first: Provided, That cash received by the Attorney General as security on an immigration bond, and deposited by him in the postal savings system prior to discontinuance of the system, shall accrue interest as provided in this section from the date such cash ceased to accrue interest under the system. Appropriations to the Treasury Department for interest on uninvested funds shall be available for payment of said interest. (b) The interest accruing on cash received by the Attorney General as security on an immigration bond shall be subject to the same disposition as prescribed for the principal cash, except that interest accruing to the date of breach of the immigration bond shall be paid to the obligor on the bond. (June 27,,1952, ch. 477, title II, ch. 9, § 293, as added July 10, 1970, Pub. L. 91–313, § 2, 84 Stat. 413.) SUBCHAPTER III.-NATIONALITY AND NATURALIZATION PART I.-NATIONALITY AT BIRTH AND COLLECTIVE NATURALIZATION § 1401. Nationals and citizens of United States at birth. (a) The following shall be nationals and citizens of the United States at birth: (1) a person born in the United States, and subject to the jurisdiction thereof; (2) a person born in the United States to a member of an Indian, Eskimo, Aleutian, or other aboriginal tribe. Provided, That the granting of citizenship under this subsection shall not in any manner impair or otherwise affect the right of such person to tribal or other property; (3) a person born outside of the United States and its outlying possessions of parents both of whom are citizens of the United States and one of whom has had a residence in the United States or one of its outlying possessions, prior to the birth of such person; (4) a person born outside of the United States and its outlying possessions of parents one of whom is a citizen of the United States who has been physically present in the United States or one of its outlying possessions for a continuous period of one year prior to the birth of such person, and the other of whom is a national, but not a citizen of the United States; |