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6 U.S.C. § 271 — U.S. Immigration and Customs Enforcement

Federal law — U.S. Code and appendices · legal_authorities

6 U.S.C. § 271 — U.S. Immigration and Customs Enforcement

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Stable record: federal_law:legal_authorities:record_usc_233e8282eea3a65a87f033bf
Source file: Laws/federal/codes/united-states-code/title-6/section-271-u-s-immigration-and-customs-enforcement--3a7148f618.md
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Source location: Title 6, Chapter 1, § 271; chapter-001-homeland-security-organization.md

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**(a) Establishment** (1) **In general** — There shall be in the Department of Homeland Security a bureau to be known as the “Bureau of Border Security”. (2) **Assistant Secretary** — The head of U.S. Immigration and Customs Enforcement shall be the Assistant Secretary of U.S. Immigration and Customs Enforcement, who— (A) shall report directly to the Under Secretary for Border and Transportation Security; and (B) shall have a minimum of 5 years professional experience in law enforcement, and a minimum of 5 years of management experience. (3) **Functions** — The Assistant Secretary of U.S. Immigration and Customs Enforcement— (A) shall establish the policies for performing such functions as are— (i) transferred to the Under Secretary for Border and Transportation Security by [section 251 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title6-section251&num=0&edition=prelim) and delegated to the Assistant Secretary by the Under Secretary for Border and Transportation Security; or (ii) otherwise vested in the Assistant Secretary by law; (B) shall oversee the administration of such policies; and (C) shall advise the Under Secretary for Border and Transportation Security with respect to any policy or operation of U.S. Immigration and Customs Enforcement affecting U.S. Citizenship and Immigration Services established under part E of this subchapter, including potentially conflicting policies or operations. (4) **Program to collect information relating to foreign students** — The Assistant Secretary of U.S. Immigration and Customs Enforcement shall be responsible for administering the program to collect information relating to nonimmigrant foreign students and other exchange program participants described in [section 1372 of title 8](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1372&num=0&edition=prelim), including the Student and Exchange Visitor Information System established under that section, and shall use such information to carry out the enforcement functions of the agency. (5) **Managerial rotation program** (A) *In general* — Not later than 1 year after the date on which the transfer of functions specified under [section 251 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title6-section251&num=0&edition=prelim) takes effect, the Assistant Secretary of U.S. Immigration and Customs Enforcement shall design and implement a managerial rotation program under which employees of such agency holding positions involving supervisory or managerial responsibility and classified, in accordance with chapter 51 of title 5, as a GS–14 or above, shall— (i) gain some experience in all the major functions performed by such agency; and (ii) work in at least one local office of such agency. (B) *Report* — Not later than 2 years after the date on which the transfer of functions specified under [section 251 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title6-section251&num=0&edition=prelim) takes effect, the Secretary shall submit a report to the Congress on the implementation of such program. **(b) Chief of Policy and Strategy** (1) **In general** — There shall be a position of Chief of Policy and Strategy for U.S. Immigration and Customs Enforcement. (2) **Functions** — In consultation with U.S. Immigration and Customs Enforcement personnel in local offices, the Chief of Policy and Strategy shall be responsible for— (A) making policy recommendations and performing policy research and analysis on immigration enforcement issues; and (B) coordinating immigration policy issues with the Chief of Policy and Strategy for U.S. Citizenship and Immigration Services (established under part E of this subchapter), as appropriate. **(c) Legal advisor** There shall be a principal legal advisor to the Assistant Secretary of U.S. Immigration and Customs Enforcement. The legal advisor shall provide specialized legal advice to the Assistant Secretary of U.S. Immigration and Customs Enforcement and shall represent the agency in all exclusion, deportation, and removal proceedings before the Executive Office for Immigration Review.

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Federal law — U.S. Code and appendices · legal_authorities

8 U.S.C. § 1372 — Program to collect information relating to nonimmigrant foreign students and other exchange program participants

**(a) In general** (1) **Program** — The Attorney General, in consultation with the Secretary of State and the Secretary of Education, shall develop and conduct a program to collect from approved institutions of higher education, other approved educational institutions, and designated exchange visitor programs in the United States the information described in subsection (c) with respect to aliens who— (A) have the status, or are applying for the status, of nonimmigrants under subparagraph (F), (J), or (M) of [section 1101(a)(15) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1101/a/15&num=0&edition=prelim); and (B) are nationals of the countries designated under subsection (b). (2) **Deadline** — The program shall commence not later than January 1, 1998. (3) **Aliens for whom a visa is required** — The Attorney General, in consultation with the Secretary of State, shall establish an electronic means to monitor and verify— (A) the issuance of documentation of acceptance of a foreign student by an approved institution of higher education or other approved educational institution, or of an exchange visitor program participant by a designated exchange visitor program; (B) the transmittal of the documentation referred to in subparagraph (A) to the Department of State for use by the Bureau of Consular Affairs; (C) the issuance of a visa to a foreign student or an exchange visitor program participant; (D) the admission into the United States of the foreign student or exchange visitor program participant; (E) the notification to an approved institution of higher education, other approved educational institution, or exchange visitor program sponsor that the foreign student or exchange visitor participant has been

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Federal law — U.S. Code and appendices · legal_authorities

6 U.S.C. § 251 — Prevention of international child abduction

**(a) Program established** The Secretary, through the Commissioner of U.S. Customs and Border Protection (referred to in this section as “CBP”), in coordination with the Secretary of State, the Attorney General, and the Director of the Federal Bureau of Investigation, shall establish a program that— (1) seeks to prevent a child (as defined in [section 1204(b)(1) of title 18](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section1204/b/1&num=0&edition=prelim)) from departing from the territory of the United States if a parent or legal guardian of such child presents a court order from a court of competent jurisdiction prohibiting the removal of such child from the United States to a CBP Officer in sufficient time to prevent such departure for the duration of such court order; and (2) leverages other existing authorities and processes to address the wrongful removal and return of a child. **(b) Interagency coordination** (1) **In general** — The Secretary of State shall convene and chair an interagency working group to prevent international parental child abduction. The group shall be composed of presidentially appointed, Senate confirmed officials from— (A) the Department of State; (B) the Department of Homeland Security, including U.S. Customs and Border Protection and U.S. Immigration and Customs Enforcement; and (C) the Department of Justice, including the Federal Bureau of Investigation. (2) **Department of Defense** — The Secretary of Defense shall designate an official within the Department of Defense— (A) to coordinate with the Department of State on international child abduction issues; and (B) to oversee activities designed to prevent or resolve international child abduction cases relating to active duty military servic

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Federal law — U.S. Code and appendices · legal_authorities

6 U.S.C. § 542 — Federal air marshal program

(1) **Sense of Congress** — It is the sense of Congress that the Federal air marshal program is critical to aviation security. (2) **Limitation on statutory construction** — Nothing in this chapter, including any amendment made by this chapter, shall be construed as preventing the Under Secretary of Transportation for Security from implementing and training Federal air marshals.

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Federal law — U.S. Code and appendices · legal_authorities

6 U.S.C. § 253 — Department of Homeland Security Center for Countering Human Trafficking

**(a) Establishment** (1) **In general** — The Secretary of Homeland Security shall operate, within U.S. Immigration and Customs Enforcement’s Homeland Security Investigations, the Center for Countering Human Trafficking (referred to in this Act as “CCHT”). (2) **Purpose** — The purpose of CCHT shall be to serve at the forefront of the Department of Homeland Security’s unified global efforts to counter human trafficking through law enforcement operations and victim protection, prevention, and awareness programs. (3) **Administration** — Homeland Security Investigations shall— (A) maintain a concept of operations that identifies CCHT participants, funding, core functions, and personnel; and (B) update such concept of operations, as needed, to accommodate its mission and the threats to such mission. (4) **Personnel** (A) *Director* — The Secretary of Homeland Security shall appoint a CCHT Director, who shall— (i) be a member of the Senior Executive Service; and (ii) serve as the Department of Homeland Security’s representative on human trafficking. (B) *Minimum core personnel requirements* — Subject to appropriations, the Secretary of Homeland Security shall ensure that CCHT is staffed with at least 45 employees in order to maintain continuity of effort, subject matter expertise, and necessary support to the Department of Homeland Security, including— (i) employees who are responsible for the Continued Presence Program and other victim protection duties; (ii) employees who are responsible for training, including curriculum development, and public awareness and education; (iii) employees who are responsible for stakeholder engagement, Federal interagency coordination, multilateral partnerships, and policy; (iv) employees who ar

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6 U.S.C. § 258 — Transfer of functions

In accordance with subchapter XII (relating to transition provisions), there shall be transferred from the Commissioner of Immigration and Naturalization to the Secretary all functions performed under the following programs, and all personnel, assets, and liabilities pertaining to such programs, immediately before such transfer occurs: (1) The Border Patrol program. (2) The detention and removal program. (3) The intelligence program. (4) The investigations program. (5) The inspections program.

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Federal law — U.S. Code and appendices · legal_authorities

6 U.S.C. § 279 — Citizenship and Immigration Services Ombudsman

**(a) In general** Within the Department, there shall be a position of Citizenship and Immigration Services Ombudsman (in this section referred to as the “Ombudsman”). The Ombudsman shall report directly to the Deputy Secretary. The Ombudsman shall have a background in customer service as well as immigration law. **(b) Functions** It shall be the function of the Ombudsman— (1) to assist individuals and employers in resolving problems with the Bureau of Citizenship and Immigration Services; (2) to identify areas in which individuals and employers have problems in dealing with the Bureau of Citizenship and Immigration Services; and (3) to the extent possible, to propose changes in the administrative practices of the Bureau of Citizenship and Immigration Services to mitigate problems identified under paragraph (2). **(c) Annual reports** (1) **Objectives** — Not later than June 30 of each calendar year, the Ombudsman shall report to the Committee on the Judiciary of the House of Representatives and the Senate on the objectives of the Office of the Ombudsman for the fiscal year beginning in such calendar year. Any such report shall contain full and substantive analysis, in addition to statistical information, and— (A) shall identify the recommendations the Office of the Ombudsman has made on improving services and responsiveness of the Bureau of Citizenship and Immigration Services; (B) shall contain a summary of the most pervasive and serious problems encountered by individuals and employers, including a description of the nature of such problems; (C) shall contain an inventory of the items described in subparagraphs (A) and (B) for which action has been taken and the result of such action; (D) shall contain an inventory of the items described in subparag

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6 U.S.C. § 291 — Professional responsibility and quality review

**(a) In general** The Director of the Bureau of Citizenship and Immigration Services shall be responsible for— (1) conducting investigations of noncriminal allegations of misconduct, corruption, and fraud involving any employee of the Bureau of Citizenship and Immigration Services that are not subject to investigation by the Inspector General for the Department; (2) inspecting the operations of the Bureau of Citizenship and Immigration Services and providing assessments of the quality of the operations of such bureau as a whole and each of its components; and (3) providing an analysis of the management of the Bureau of Citizenship and Immigration Services. **(b) Special considerations** In providing assessments in accordance with subsection (a)(2) with respect to a decision of the Bureau of Citizenship and Immigration Services, or any of its components, consideration shall be given to— (1) the accuracy of the findings of fact and conclusions of law used in rendering the decision; (2) any fraud or misrepresentation associated with the decision; and (3) the efficiency with which the decision was rendered.

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Federal law — U.S. Code and appendices · legal_authorities

6 U.S.C. § 292 — Employee discipline

The Director of the Bureau of Citizenship and Immigration Services may, notwithstanding any other provision of law, impose disciplinary action, including termination of employment, pursuant to policies and procedures applicable to employees of the Federal Bureau of Investigation, on any employee of the Bureau of Citizenship and Immigration Services who willfully deceives Congress or agency leadership on any matter.

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6 U.S.C. § 293 — Transition

**(a) References** With respect to any function transferred by this part to, and exercised on or after the effective date specified in section 455 11 See References in Text note below. by, the Director of the Bureau of Citizenship and Immigration Services, any reference in any other Federal law, Executive order, rule, regulation, or delegation of authority, or any document of or pertaining to a component of government from which such function is transferred— (1) to the head of such component is deemed to refer to the Director of the Bureau of Citizenship and Immigration Services; or (2) to such component is deemed to refer to the Bureau of Citizenship and Immigration Services. **(b) Other transition issues** (1) **Exercise of authorities** — Except as otherwise provided by law, a Federal official to whom a function is transferred by this part may, for purposes of performing the function, exercise all authorities under any other provision of law that were available with respect to the performance of that function to the official responsible for the performance of the function immediately before the effective date specified in section 455.1 (2) **Transfer and allocation of appropriations and personnel** — The personnel of the Department of Justice employed in connection with the functions transferred by this part (and functions that the Secretary determines are properly related to the functions of the Bureau of Citizenship and Immigration Services), and the assets, liabilities, contracts, property, records, and unexpended balance of appropriations, authorizations, allocations, and other funds employed, held, used, arising from, available to, or to be made available to, the Immigration and Naturalization Service in connection with the functions transferred by this par

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6 U.S.C. § 312 — Reports and implementation plans

**(a) Division of funds** The Secretary, not later than 120 days after the effective date of this chapter, shall submit to the Committees on Appropriations and the Judiciary of the House of Representatives and of the Senate a report on the proposed division and transfer of funds, including unexpended funds, appropriations, and fees, between the Bureau of Citizenship and Immigration Services and the Bureau of Border Security. **(b) Division of personnel** The Secretary, not later than 120 days after the effective date of this chapter, shall submit to the Committees on Appropriations and the Judiciary of the House of Representatives and of the Senate a report on the proposed division of personnel between the Bureau of Citizenship and Immigration Services and the Bureau of Border Security. **(c) Implementation plan** (1) **In general** — The Secretary, not later than 120 days after the effective date of this chapter, and every 6 months thereafter until the termination of fiscal year 2005, shall submit to the Committees on Appropriations and the Judiciary of the House of Representatives and of the Senate an implementation plan to carry out this chapter. (2) **Contents** — The implementation plan should include details concerning the separation of the Bureau of Citizenship and Immigration Services and the Bureau of Border Security, including the following: (A) Organizational structure, including the field structure. (B) Chain of command. (C) Procedures for interaction among such bureaus. (D) Fraud detection and investigation. (E) The processing and handling of removal proceedings, including expedited removal and applications for relief from removal. (F) Recommendations for conforming amendments to the Immigration and Nationality Act ([8 U.S.C. 1101](htt

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