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8 U.S.C. § 1359 — Application to American Indians born in Canada
Federal law — U.S. Code and appendices · legal_authorities
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.
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Source location: Title 8, Chapter 12, § 1359; chapter-012-immigration-and-nationality.md
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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.
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Federal law — U.S. Code and appendices · legal_authorities
**(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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Federal law — U.S. Code and appendices · legal_authorities
Page 445
TITLE 8—ALIENS AND NATIONALITY
§ 1360
I,
§ 133,
title
III,
§ 308(d)(4)(L),
(e)(1)(M),
(g)(5)(A)(i), Sept. 30, 1996, 110 Stat. 3009–563,
3009–618, 3009–619, 3009–623; Pub. L. 109–162, title
VIII, § 826, Jan. 5, 2006, 119 Stat. 3065; Pub. L.
109–271, § 6(g), Aug. 12, 2006, 120 Stat. 763.)
Editorial Notes
REFERENCES IN TEXT
This chapter, referred to in subsecs. (b) and (c), was
in the original, ‘‘this Act’’, meaning act June 27, 1952,
ch. 477, 66 Stat. 163, known as the Immigration and Na-
tionality Act, which is classified principally to this
chapter. For complete classification of this Act to the
Code, see Short Title note set out under section 1101 of
this title and Tables.
AMENDMENTS
2006—Subsecs. (h), (i). Pub. L. 109–271 redesignated
subsec. (i) as (h).
Subsec. (i). Pub. L. 109–162, which directed the amend-
ment of this section ‘‘as amended by section 726’’ by
adding cl. (i) at end, was executed by adding subsec. (i)
at end to reflect the probable intent of Congress. Pub.
L. 109–162 does not contain a section 726.
1996—Subsec.
(a)(2),
(4).
Pub.
L.
104–208,
§ 308(d)(4)(L)(i), substituted ‘‘expulsion, or removal’’ for
‘‘or expulsion’’.
Subsec. (c). Pub. L. 104–208, § 308(d)(4)(L)(ii), sub-
stituted ‘‘denial of admission to’’ for ‘‘exclusion from’’.
Subsec. (f)(1). Pub. L. 104–208, § 308(g)(5)(A)(i), sub-
stituted ‘‘section 1229a’’ for ‘‘section 1252’’.
Subsec. (g). Pub. L. 104–208, § 308(e)(1)(M), which di-
rected amendment of subsec. (g) by substituting ‘‘re-
moval’’ for ‘‘deportation’’ wherever appearing, could
not be executed because the word ‘‘deportation’’ did not
appear in subsec. (g).
Pub. L. 104–208, § 133, added subsec. (g).
1991—Subsec. (a)(4). Pub. L. 102–232 substituted a
semicolon for comma at end.
1990—Sub
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