8 U.S.C. § 1302 — Registration of aliens

Page 390 TITLE 8—ALIENS AND NATIONALITY § 1301 101–649, set out as an Effective Date of 1990 Amendment note under section 1101 of this title. REGULATIONS Pub. L. 103–206, title III, § 323(c), Dec. 20, 1993, 107 Stat. 2430, provided that: ‘‘(1) The Secretary of Labor shall prescribe such regu- lations as may be necessary to carry out this section [amending this section]. ‘‘(2) Attestations filed pursuant to section 258(c) (8 U.S.C. 1288(c)) with the Secretary of Labor before the date of enactment of this Act [Dec. 20, 1993] shall re- main valid until 60 days after the date of issuance of final regulations by the Secretary under this section.’’ Similar provisions were contained in Pub. L. 103–198, § 8(c), Dec. 17, 1993, 107 Stat. 2315, prior to repeal by Pub. L. 103–416, title II, § 219(gg), Oct. 25, 1994, 108 Stat. 4319. 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. INAPPLICABILITY OF AMENDMENT BY PUB. L. 101–649 Pub. L. 101–649, title II, § 203(a)(2), Nov. 29, 1990, 104 Stat. 5018, provided that: ‘‘This section [enacting this section, amending section 1101 of this title, and enact- ing provisions set out as a note under section 1101 of this title] does not affect the performance of longshore work in the United States by citizens or nationals of the United States.’’ PART VII—REGISTRATION OF ALIENS § 1301. Alien seeking entry; contents No visa shall be issued to any alien seeking to enter the United States until such alien has been registered in accordance with section 1201(b) of this title. (June 27, 1952, ch. 477, title II, ch. 7, § 261, 66 Stat. 223; Pub. L. 99–653, § 8, Nov. 14, 1986, 100 Stat. 3657; Pub. L. 100–525, § 8(g), Oct. 24, 1988, 102 Stat. 2617.) Editorial Notes AMENDMENTS 1988—Pub. L. 100–525 made technical correction to Pub. L. 99–653. See 1986 Amendment note below. 1986—Pub. L. 99–653, as amended by Pub. L. 100–525, amended section generally, striking out ‘‘and fingerprinted’’ after ‘‘has been registered’’ and sub- stituting ‘‘section 1201(b) of this title’’ for ‘‘section 1201(b) of this title, unless such alien has been exempt- ed from being fingerprinted as provided in that sec- tion’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1988 AMENDMENT Amendment by Pub. L. 100–525 effective as if included in the enactment of the Immigration and Nationality Act Amendments of 1986, Pub. L. 99–653, see section 309(b)(15) of Pub. L. 102–232, set out as an Effective and Termination Dates of 1988 Amendments note under sec- tion 1101 of this title. EFFECTIVE DATE OF 1986 AMENDMENT Amendment by Pub. L. 99–653 applicable to applica- tions for immigrant visas made, and visas issued, on or after Nov. 14, 1986, see section 23(b) of Pub. L. 99–653, set out as a note under section 1201 of this title. § 1302. Registration of aliens (a) It shall be the duty of every alien now or hereafter in the United States, who (1) is four- teen years of age or older, (2) has not been reg- istered and fingerprinted under section 1201(b) of this title or section 30 or 31 of the Alien Reg- istration Act, 1940, and (3) remains in the United States for thirty days or longer, to apply for registration and to be fingerprinted before the expiration of such thirty days. (b) It shall be the duty of every parent or legal guardian of any alien now or hereafter in the United States, who (1) is less than fourteen years of age, (2) has not been registered under section 1201(b) of this title or section 30 or 31 of the Alien Registration Act, 1940, and (3) remains in the United States for thirty days or longer, to apply for the registration of such alien before the expiration of such thirty days. Whenever any alien attains his fourteenth birthday in the United States he shall, within thirty days there- after, apply in person for registration and to be fingerprinted. (c) The Attorney General may, in his discre- tion and on the basis of reciprocity pursuant to such regulations as he may prescribe, waive the requirement of fingerprinting specified in sub- sections (a) and (b) in the case of any non- immigrant. (June 27, 1952, ch. 477, title II, ch. 7, § 262, 66 Stat. 224; Pub. L. 99–653, § 9, Nov. 14, 1986, 100 Stat. 3657; Pub. L. 100–525, § 8(h), Oct. 24, 1988, 102 Stat. 2617; Pub. L. 103–416, title II, § 219(n), Oct. 25, 1994, 108 Stat. 4317.) Editorial Notes REFERENCES IN TEXT The Alien Registration Act, 1940, referred to in sub- secs. (a) and (b), is act June 28, 1940, ch. 439, 54 Stat. 670. Sections 30 and 31 of that act were classified to sections 451 and 452 of this title and were repealed by section 403(a)(39) of act June 27, 1952. AMENDMENTS 1994—Subsec. (c). Pub. L. 103–416 substituted ‘‘sub- sections (a) and (b)’’ for ‘‘subsection (a) and (b)’’. 1988—Pub. L. 100–525 amended Pub. L. 99–653. See 1986 Amendment note below. 1986—Pub. L. 99–653, § 9, as amended by Pub. L. 100–525, added subsec. (c). As originally enacted, Pub. L. 99–653, § 9, amended subsec. (a) of this section by strik- ing out ‘‘section 1201(b) of this title or’’ after ‘‘reg- istered and fingerprinted under’’. Pub. L. 100–525 re- vised Pub. L. 99–653, § 9, so as to add subsec. (c) and eliminate the original amendment of subsec. (a), there- by restoring the words ‘‘section 1201(b) of this title or’’. See Effective Date of 1988 Amendment note below. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1994 AMENDMENT Amendment by Pub. L. 103–416 effective as if included in the enactment of the Immigration Act of 1990, Pub. L. 101–649, see section 219(dd) of Pub. L. 103–416, set out as a note under section 1101 of this title. EFFECTIVE DATE OF 1988 AMENDMENT Amendment by Pub. L. 100–525 effective as if included in the enactment of the Immigration and Nationality Act Amendments of 1986, Pub. L. 99–653, see section 309(b)(15) of Pub. L. 102–232, set out as an Effective and Termination Dates of 1988 Amendments note under sec- tion 1101 of this title. EFFECTIVE DATE OF 1986 AMENDMENT Amendment by Pub. L. 99–653 applicable to applica- tions for immigrant visas made, and visas issued, on or Page 391 TITLE 8—ALIENS AND NATIONALITY § 1304 after Nov. 14, 1986, see section 23(b) of Pub. L. 99–653, set out as a note under section 1201 of this title. EFFECTIVE DATE Section effective 180 days after June 27, 1952, see sec- tion 407 of act June 27, 1952, set out as a note under sec- tion 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. § 1303. Registration of special groups (a) Notwithstanding the provisions of sections 1301 and 1302 of this title, the Attorney General is authorized to prescribe special regulations and forms for the registration and fingerprinting of (1) alien crewmen, (2) holders of border-crossing identification cards, (3) aliens confined in institutions within the United States, (4) aliens under order of removal, (5) aliens who are or have been on criminal proba- tion or criminal parole within the United States, and (6) aliens of any other class not law- fully admitted to the United States for perma- nent residence. (b) The provisions of section 1302 of this title and of this section shall not be applicable to any alien who is in the United States as a non- immigrant under section 1101(a)(15)(A) or (a)(15)(G) of this title until the alien ceases to be entitled to such a nonimmigrant status. (June 27, 1952, ch. 477, title II, ch. 7, § 263, 66 Stat. 224; Pub. L. 104–208, div. C, title III, §§ 308(e)(1)(J), 323, Sept. 30, 1996, 110 Stat. 3009–619, 3009–629.) Editorial Notes AMENDMENTS 1996—Subsec. (a)(4). Pub. L. 104–208, § 308(e)(1)(J), sub- stituted ‘‘removal’’ for ‘‘deportation’’. Subsec. (a)(5), (6). Pub. L. 104–208, § 323, added cl. (5) and redesignated former cl. (5) as (6). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1996 AMENDMENT Amendment by section 308(e)(1)(J) 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. 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. REFERENCES TO ORDER OF REMOVAL DEEMED TO INCLUDE ORDER OF EXCLUSION AND DEPORTATION For purposes of carrying out this chapter, any ref- erence in law to an order of removal is deemed to in- clude a reference to an order of exclusion and deporta- tion or an order of deportation, see section 309(d)(2) of Pub. L. 104–208, set out in an Effective Date of 1996 Amendments note under section 1101 of this title. § 1304. Forms for registration and fingerprinting (a) Preparation; contents The Attorney General and the Secretary of State jointly are authorized and directed to pre- pare forms for the registration of aliens under section 1301 of this title, and the Attorney Gen- eral is authorized and directed to prepare forms for the registration and fingerprinting of aliens under section 1302 of this title. Such forms shall contain inquiries with respect to (1) the date and place of entry of the alien into the United States; (2) activities in which he has been and intends to be engaged; (3) the length of time he expects to remain in the United States; (4) the police and criminal record, if any, of such alien; and (5) such additional matters as may be pre- scribed. (b) Confidential nature All registration and fingerprint records made under the provisions of this subchapter shall be confidential, and shall be made available only (1) pursuant to section 1357(f)(2) of this title, and (2) to such persons or agencies as may be des- ignated by the Attorney General. (c) Information under oath Every person required to apply for the reg- istration of himself or another under this sub- chapter shall submit under oath the information required for such registration. Any person au- thorized under regulations issued by the Attor- ney General to register aliens under this sub- chapter shall be authorized to administer oaths for such purpose. (d) Certificate of alien registration or alien re- ceipt card Every alien in the United States who has been registered and fingerprinted under the provi- sions of the Alien Registration Act, 1940, or under the provisions of this chapter shall be issued a certificate of alien registration or an alien registration receipt card in such form and manner and at such time as shall be prescribed under regulations issued by the Attorney Gen- eral. (e) Personal possession of registration or receipt card; penalties Every alien, eighteen years of age and over, shall at all times carry with him and have in his personal possession any certificate of alien reg- istration or alien registration receipt card issued to him pursuant to subsection (d). Any alien who fails to comply with the provisions of this subsection shall be guilty of a misdemeanor and shall upon conviction for each offense be fined not to exceed $100 or be imprisoned not more than thirty days, or both. (f) Alien’s social security account number Notwithstanding any other provision of law, the Attorney General is authorized to require any alien to provide the alien’s social security account number for purposes of inclusion in any record of the alien maintained by the Attorney General or the Service. (June 27, 1952, ch. 477, title II, ch. 7, § 264, 66 Stat. 224; Pub. L. 99–653, § 10, Nov. 14, 1986, 100 Stat. 3657; Pub. L. 100–525, § 8(i), Oct. 24, 1988, 102 Stat. 2617; Pub. L. 101–649, title V, § 503(b)(2), Nov. 29, 1990, 104 Stat. 5049; Pub. L. 104–208, div. C, title IV, § 415, Sept. 30, 1996, 110 Stat. 3009–669.)