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8 U.S.C. § 1367 — Penalties for disclosure of information

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

8 U.S.C. § 1367 — Penalties for disclosure of information

**(a) In general** Except as provided in subsection (b), in no case may the Attorney General, or any other official or employee of the Department of Justice, the Secretary of Homeland Security, the Secretary of State, or any other official or employee of the Department of Homeland Security or Department of State (including any bureau or agency of either of such Departments)— (1) make an adverse determination of admissibility or deportability of an alien under the Immigration and Nationality Act [[8 U.S.C. 1101](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1101&num=0&edition=prelim) et seq.] using information furnished solely by— (A) a spouse or parent who has battered the alien or subjected the alien to extreme cruelty, (B) a member of the spouse’s or parent’s family residing in the same household as the alien who has battered the alien or subjected the alien to extreme cruelty when the spouse or parent consented to or acquiesced in such battery or cruelty, (C) a spouse or parent who has battered the alien’s child or subjected the alien’s child to extreme cruelty (without the active participation of the alien in the battery or extreme cruelty), (D) a member of the spouse’s or parent’s family residing in the same household as the alien who has battered the alien’s child or subjected the alien’s child to extreme cruelty when the spouse or parent consented to or acquiesced in such battery or cruelty and the alien did not actively participate in such battery or cruelty, (E) in the case of an alien applying for status under section 101(a)(15)(U) of the Immigration and Nationality Act [[8 U.S.C. 1101(a)(15)(U)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1101/a/15/U&num=0&edition=prelim)], the perpet

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Stable record: federal_law:legal_authorities:record_usc_3ef06e1a071fa06333e2a949
Source file: Laws/federal/codes/united-states-code/title-8/section-1367-penalties-for-disclosure-of-information--d9d49925ab.md
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Source location: Title 8, Chapter 12, § 1367; chapter-012-immigration-and-nationality.md

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**(a) In general** Except as provided in subsection (b), in no case may the Attorney General, or any other official or employee of the Department of Justice, the Secretary of Homeland Security, the Secretary of State, or any other official or employee of the Department of Homeland Security or Department of State (including any bureau or agency of either of such Departments)— (1) make an adverse determination of admissibility or deportability of an alien under the Immigration and Nationality Act [[8 U.S.C. 1101](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1101&num=0&edition=prelim) et seq.] using information furnished solely by— (A) a spouse or parent who has battered the alien or subjected the alien to extreme cruelty, (B) a member of the spouse’s or parent’s family residing in the same household as the alien who has battered the alien or subjected the alien to extreme cruelty when the spouse or parent consented to or acquiesced in such battery or cruelty, (C) a spouse or parent who has battered the alien’s child or subjected the alien’s child to extreme cruelty (without the active participation of the alien in the battery or extreme cruelty), (D) a member of the spouse’s or parent’s family residing in the same household as the alien who has battered the alien’s child or subjected the alien’s child to extreme cruelty when the spouse or parent consented to or acquiesced in such battery or cruelty and the alien did not actively participate in such battery or cruelty, (E) in the case of an alien applying for status under section 101(a)(15)(U) of the Immigration and Nationality Act [[8 U.S.C. 1101(a)(15)(U)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1101/a/15/U&num=0&edition=prelim)], the perpetrator of the substantial physical or mental abuse and the criminal activity,11 So in original. Probably should be followed by “or”. (F) in the case of an alien applying for status under section 101(a)(15)(T) of the Immigration and Nationality Act ([8 U.S.C. 1101(a)(15)(T)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1101/a/15/T&num=0&edition=prelim)), under [section 7105(b)(1)(E)(i)(II)(bb) of title 22](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section7105/b/1/E/i/II/bb&num=0&edition=prelim), under section 244(a)(3) of the Immigration and Nationality Act ([8 U.S.C. 1254a(a)(3)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1254a/a/3&num=0&edition=prelim)), as in effect prior to March 31, 1999, or as a VAWA self-petitioner (as defined in section 101(a)(51) of the Immigration and Nationality Act ([8 U.S.C. 1101(a)(51)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1101/a/51&num=0&edition=prelim)) 22 So in original. Probably should be followed by a closing parenthesis., the trafficker or perpetrator, unless the alien has been convicted of a crime or crimes listed in section 237(a)(2) of the Immigration and Nationality Act [[8 U.S.C. 1227(a)(2)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1227/a/2&num=0&edition=prelim)]; or (2) permit use by or disclosure to anyone (other than a sworn officer or employee of the Department, or bureau or agency thereof, for legitimate Department, bureau, or agency purposes) of any information which relates to an alien who is the beneficiary of an application for relief under paragraph (15)(T), (15)(U), or (51) of section 101(a) of the Immigration and Nationality Act [[8 U.S.C. 1101(a)(15)(T)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1101/a/15/T&num=0&edition=prelim), (U), (51)] or section 240A(b)(2) of such Act [[8 U.S.C. 1229b(b)(2)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1229b/b/2&num=0&edition=prelim)]. The limitation under paragraph (2) ends when the application for relief is denied and all opportunities for appeal of the denial have been exhausted. **(b) Exceptions** (1) The Secretary of Homeland Security or the Attorney General may provide, in the Secretary’s or the Attorney General’s discretion, for the disclosure of information in the same manner and circumstances as census information may be disclosed by the Secretary of Commerce under [section 8 of title 13](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title13-section8&num=0&edition=prelim). (2) The Secretary of Homeland Security or the Attorney General may provide in the discretion of the Secretary or the Attorney General for the disclosure of information to law enforcement officials to be used solely for a legitimate law enforcement purpose in a manner that protects the confidentiality of such information. (3) Subsection (a) shall not be construed as preventing disclosure of information in connection with judicial review of a determination in a manner that protects the confidentiality of such information. (4) Subsection (a)(2) shall not apply if all the battered individuals in the case are adults and they have all waived the restrictions of such subsection. (5) The Secretary of Homeland Security and the Attorney General are authorized to disclose information, to Federal, State, and local public and private agencies providing benefits, to be used solely in making determinations of eligibility for benefits pursuant to [section 1641(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1641/c&num=0&edition=prelim). (6) Subsection (a) may not be construed to prevent the Attorney General and the Secretary of Homeland Security from disclosing to the chairmen and ranking members of the Committee on the Judiciary of the Senate or the Committee on the Judiciary of the House of Representatives, for the exercise of congressional oversight authority, information on closed cases under this section in a manner that protects the confidentiality of such information and that omits personally identifying information (including locational information about individuals). (7) Government entities adjudicating applications for relief under subsection (a)(2), and government personnel carrying out mandated duties under section 101(i)(1) of the Immigration and Nationality Act [[8 U.S.C. 1101(i)(1)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1101/i/1&num=0&edition=prelim)], may, with the prior written consent of the alien involved, communicate with nonprofit, nongovernmental victims’ service providers for the sole purpose of assisting victims in obtaining victim services from programs with expertise working with immigrant victims. Agencies receiving referrals are bound by the provisions of this section. Nothing in this paragraph shall be construed as affecting the ability of an applicant to designate a safe organization through whom governmental agencies may communicate with the applicant. (8) Notwithstanding subsection (a)(2), the Secretary of Homeland Security, the Secretary of State, or the Attorney General may provide in the discretion of either such Secretary or the Attorney General for the disclosure of information to national security officials to be used solely for a national security purpose in a manner that protects the confidentiality of such information. **(c) Penalties for violations** Anyone who willfully uses, publishes, or permits information to be disclosed in violation of this section or who knowingly makes a false certification under section 239(e) of the Immigration and Nationality Act [[8 U.S.C. 1229(e)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1229/e&num=0&edition=prelim)] shall be subject to appropriate disciplinary action and subject to a civil money penalty of not more than $5,000 for each such violation. **(d) Guidance** The Attorney General, Secretary of State, and the Secretary of Homeland Security shall provide guidance to officers and employees of the Department of Justice, Department of State, or the Department of Homeland Security who have access to information covered by this section regarding the provisions of this section, including the provisions to protect victims of domestic violence and severe forms of trafficking in persons or criminal activity listed in section 101(a)(15)(U) of the Immigration and Nationality Act ([8 U.S.C. 1101(a)(15)(u)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1101/a/15/u&num=0&edition=prelim)) from harm that could result from the inappropriate disclosure of covered information.

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

13 U.S.C. § 8 — Authenticated transcripts or copies of certain returns; other data; restriction on use; disposition of fees received

**(a)** The Secretary may, upon written request, furnish to any respondent, or to the heir, successor, or authorized agent of such respondent, authenticated transcripts or copies of reports (or portions thereof) containing information furnished by, or on behalf of, such respondent in connection with the surveys and census provided for in this title, upon payment of the actual or estimated cost of searching the rec­ords and furnishing such transcripts or copies. **(b)** Subject to the limitations contained in sections 6(c) and 9 of this title, the Secretary may furnish copies of tabulations and other statistical materials which do not disclose the information reported by, or on behalf of, any particular respondent, and may make special statistical compilations and surveys, for departments, agencies, and establishments of the Federal Government, the government of the District of Columbia, the government of any possession or area (including political subdivisions thereof) referred to in [section 191(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title13-section191/a&num=0&edition=prelim), State or local agencies, or other public and private persons and agencies, upon payment of the actual or estimated cost of such work. In the case of nonprofit agencies or organizations, the Secretary may engage in joint statistical projects, the purpose of which are otherwise authorized by law, but only if the cost of such projects are shared equitably, as determined by the Secretary. **(c)** In no case shall information furnished under this section be used to the detriment of any respondent or other person to whom such information relates, except in the prosecution of alleged violations of this title. **(d)** All moneys received in payment for work or s

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

8 U.S.C. § 1551 — Immigration and Naturalization Service

There is created and established in the Department of Justice an Immigration and Naturalization Service.

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

8 U.S.C. § 1160 — Special agricultural workers

**(a) Lawful residence** (1) **In general** — The Attorney General shall adjust the status of an alien to that of an alien lawfully admitted for temporary residence if the Attorney General determines that the alien meets the following requirements: (A) *Application period* — The alien must apply for such adjustment during the 18-month period beginning on the first day of the seventh month that begins after November 6, 1986. (B) *Performance of seasonal agricultural services and residence in the United States* — The alien must establish that he has— (i) resided in the United States, and (ii) performed seasonal agricultural services in the United States for at least 90 man-days, during the 12-month period ending on May 1, 1986. For purposes of the previous sentence, performance of seasonal agricultural services in the United States for more than one employer on any one day shall be counted as performance of services for only 1 man-day. (C) *Admissible as immigrant* — The alien must establish that he is admissible to the United States as an immigrant, except as otherwise provided under subsection (c)(2). (2) **Adjustment to permanent residence** — The Attorney General shall adjust the status of any alien provided lawful temporary resident status under paragraph (1) to that of an alien lawfully admitted for permanent residence on the following date: (A) *Group 1* — Subject to the numerical limitation established under subparagraph (C), in the case of an alien who has established, at the time of application for temporary residence under paragraph (1), that the alien performed seasonal agricultural services in the United States for at least 90 man-days during each of the 12-month periods ending on May 1, 1984, 1985, and 1986, the adjustment shall o

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

8 U.S.C. § 1101 — Definitions

**(a)** As used in this chapter— (1) The term “administrator” means the official designated by the Secretary of State pursuant to [section 1104(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1104/b&num=0&edition=prelim). (2) The term “advocates” includes, but is not limited to, advises, recommends, furthers by overt act, and admits belief in. (3) The term “alien” means any person not a citizen or national of the United States. (4) The term “application for admission” has reference to the application for admission into the United States and not to the application for the issuance of an immigrant or nonimmigrant visa. (5) The term “Attorney General” means the Attorney General of the United States. (6) The term “border crossing identification card” means a document of identity bearing that designation issued to an alien who is lawfully admitted for permanent residence, or to an alien who is a resident in foreign contiguous territory, by a consular officer or an immigration officer for the purpose of crossing over the borders between the United States and foreign contiguous territory in accordance with such conditions for its issuance and use as may be prescribed by regulations. Such regulations shall provide that (A) each such document include a biometric identifier (such as the fingerprint or handprint of the alien) that is machine readable and (B) an alien presenting a border crossing identification card is not permitted to cross over the border into the United States unless the biometric identifier contained on the card matches the appropriate biometric characteristic of the alien. (7) The term “clerk of court” means a clerk of a naturalization court. (8) The terms “Commissioner” and “Deputy Commissioner” mean the Co

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

42 U.S.C. § 1383b — Procedure for payment of benefits

**(a) Time, manner, form, and duration of payments; representative payees; promulgation of regulations** (1) Benefits under this subchapter shall be paid at such time or times and (subject to paragraph (10)) in such installments as will best effectuate the purposes of this subchapter, as determined under regulations (and may in any case be paid less frequently than monthly where the amount of the monthly benefit would not exceed $10). (2) (A) (i) Payments of the benefit of any individual may be made to any such individual or to the eligible spouse (if any) of such individual or partly to each. (ii) (I) Upon a determination by the Commissioner of Social Security that the interest of such individual would be served thereby, such payments shall be made, regardless of the legal competency or incompetency of the individual or eligible spouse, to another individual, or an organization, with respect to whom the requirements of subparagraph (B) have been met (in this paragraph referred to as such individual’s “representative payee”) for the use and benefit of the individual or eligible spouse. (II) In the case of an individual eligible for benefits under this subchapter by reason of disability, the payment of such benefits shall be made to a representative payee if the Commissioner of Social Security determines that such payment would serve the interest of the individual because the individual also has an alcoholism or drug addiction condition (as determined by the Commissioner) and the individual is incapable of managing such benefits. (iii) If the Commissioner of Social Security or a court of competent jurisdiction determines that the representative payee of an individual or eligible spouse has misused any benefits which have been paid to the

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

42 U.S.C. § 1437bbb — Provision of information to law enforcement and other agencies

Notwithstanding any other provision of law, the Secretary shall, at least 4 times annually and upon request of the Immigration and Naturalization Service (hereafter in this section referred to as the “Service”), furnish the Service with the name and address of, and other identifying information on, any individual who the Secretary knows is not lawfully present in the United States, and shall ensure that each contract for assistance entered into under section 1437d or 1437f of this title with a public housing agency provides that the public housing agency shall furnish such information at such times with respect to any individual who the public housing agency knows is not lawfully present in the United States.

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

49 U.S.C. § 30301 — Definitions

In this chapter— (1) “alcohol” has the same meaning given that term in regulations prescribed by the Secretary of Transportation. (2) “chief driver licensing official” means the official in a State who is authorized to— (A) maintain a record about a motor vehicle operator’s license issued by the State; and (B) issue, deny, revoke, suspend, or cancel a motor vehicle operator’s license issued by the State. (3) “controlled substance” has the same meaning given that term in section 102 of the Comprehensive Drug Abuse Prevention and Control Act of 1970 ([21 U.S.C. 802](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title21-section802&num=0&edition=prelim)). (4) “motor vehicle” means a vehicle, machine, tractor, trailer, or semitrailer propelled or drawn by mechanical power and used on public streets, roads, or highways, but does not include a vehicle operated only on a rail line. (5) “motor vehicle operator’s license” means a license issued by a State authorizing an individual to operate a motor vehicle on public streets, roads, or highways. (6) “participating State” means a State that has notified the Secretary under [section 30303 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section30303&num=0&edition=prelim) of its participation in the National Driver Register. (7) “State” means a State of the United States, the District of Columbia, Puerto Rico, the Virgin Islands, Guam, American Samoa, the Northern Mariana Islands, the Trust Territory of the Pacific Islands, and any other territory or possession of the United States. (8) “State of record” means a State that has given the Secretary a report under [section 30304 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section3030

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

8 U.S.C. § 1229 — Initiation of removal proceedings

**(a) Notice to appear** (1) **In general** — In removal proceedings under [section 1229a of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1229a&num=0&edition=prelim), written notice (in this section referred to as a “notice to appear”) shall be given in person to the alien (or, if personal service is not practicable, through service by mail to the alien or to the alien’s counsel of record, if any) specifying the following: (A) The nature of the proceedings against the alien. (B) The legal authority under which the proceedings are conducted. (C) The acts or conduct alleged to be in violation of law. (D) The charges against the alien and the statutory provisions alleged to have been violated. (E) The alien may be represented by counsel and the alien will be provided (i) a period of time to secure counsel under subsection (b)(1) and (ii) a current list of counsel prepared under subsection (b)(2). (F) (i) The requirement that the alien must immediately provide (or have provided) the Attorney General with a written record of an address and telephone number (if any) at which the alien may be contacted respecting proceedings under [section 1229a of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1229a&num=0&edition=prelim). (ii) The requirement that the alien must provide the Attorney General immediately with a written record of any change of the alien’s address or telephone number. (iii) The consequences under [section 1229a(b)(5) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1229a/b/5&num=0&edition=prelim) of failure to provide address and telephone information pursuant to this subparagraph. (G) (i) The time an

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

8 U.S.C. § 1612 — Aliens who are not qualified aliens ineligible for Federal public benefits

**(a) In general** Notwithstanding any other provision of law and except as provided in subsection (b), an alien who is not a qualified alien (as defined in [section 1641 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1641&num=0&edition=prelim)) is not eligible for any Federal public benefit (as defined in subsection (c)). **(b) Exceptions** (1) Subsection (a) shall not apply with respect to the following Federal public benefits: (A) Medical assistance under title XIX of the Social Security Act [[42 U.S.C. 1396](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1396&num=0&edition=prelim) et seq.] (or any successor program to such title) for care and services that are necessary for the treatment of an emergency medical condition (as defined in section 1903(v)(3) of such Act [[42 U.S.C. 1396b(v)(3)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1396b/v/3&num=0&edition=prelim)]) of the alien involved and are not related to an organ transplant procedure, if the alien involved otherwise meets the eligibility requirements for medical assistance under the State plan approved under such title (other than the requirement of the receipt of aid or assistance under title IV of such Act [[42 U.S.C. 601](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section601&num=0&edition=prelim) et seq.], supplemental security income benefits under title XVI of such Act [[42 U.S.C. 1381](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1381&num=0&edition=prelim) et seq.], or a State supplementary payment). (B) Short-term, non-cash, in-kind emergency disaster relief. (C) Public health assistance (not including any assistance under title XIX

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

8 U.S.C. § 1613 — Limited eligibility of qualified aliens for certain Federal programs

**(a) Limited eligibility for specified Federal programs** (1) **In general** — Notwithstanding any other provision of law and except as provided in paragraph (2), an alien who is a qualified alien (as defined in [section 1641 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1641&num=0&edition=prelim)) is not eligible for any specified Federal program (as defined in paragraph (3)). (2) **Exceptions** (A) *Time-limited exception for refugees and asylees* — With respect to the specified Federal programs described in paragraph (3), paragraph (1) shall not apply to an alien until 7 years after the date— (i) an alien is admitted to the United States as a refugee under section 207 of the Immigration and Nationality Act [[8 U.S.C. 1157](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1157&num=0&edition=prelim)]; (ii) an alien is granted asylum under section 208 of such Act [[8 U.S.C. 1158](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1158&num=0&edition=prelim)]; (iii) an alien’s deportation is withheld under section 243(h) of such Act [[8 U.S.C. 1253](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1253&num=0&edition=prelim)] (as in effect immediately before the effective date of section 307 of division C of Public Law 104–208) or section 241(b)(3) of such Act [[8 U.S.C. 1231(b)(3)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1231/b/3&num=0&edition=prelim)] (as amended by section 305(a) of division C of Public Law 104–208); (iv) an alien is granted status as a Cuban and Haitian entrant (as defined in section 501(e) of the Refugee Education Assistance Act of 1980); or (v) an alien is admitted to

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