8 U.S.C. § 1104 — Powers and duties of Secretary of State

Page 79 TITLE 8—ALIENS AND NATIONALITY § 1104 against certain young people. This memorandum, known as the Deferred Action for Childhood Arrivals (DACA) guidance, deferred the removal of certain un- documented immigrants who were brought to the United States as children, have obeyed the law, and stayed in school or enlisted in the military. DACA and associated regulations permit eligible individuals who pass a background check to request temporary relief from removal and to apply for temporary work permits. DACA reflects a judgment that these immigrants should not be a priority for removal based on humani- tarian concerns and other considerations, and that work authorization will enable them to support them- selves and their families, and to contribute to our econ- omy, while they remain. SEC. 2. Preserving and Fortifying DACA. The Secretary of Homeland Security, in consultation with the Attor- ney General, shall take all actions he deems appro- priate, consistent with applicable law, to preserve and fortify DACA. SEC. 3. General Provisions. (a) Nothing in this memo- randum shall be construed to impair or otherwise af- fect: (i) the authority granted by law to an executive de- partment, agency, or the head thereof; or (ii) the functions of the Director of the Office of Man- agement and Budget relating to budgetary, administra- tive, or legislative proposals. (b) This memorandum shall be implemented con- sistent with applicable law. (c) This memorandum is not intended to, and does not, create any right or benefit, substantive or proce- dural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person. (d) The Secretary of Homeland Security is authorized and directed to publish this memorandum in the Fed- eral Register. J.R. BIDEN, JR. § 1104. Powers and duties of Secretary of State (a) Powers and duties The Secretary of State shall be charged with the administration and the enforcement of the provisions of this chapter and all other immi- gration and nationality laws relating to (1) the powers, duties, and functions of diplomatic and consular officers of the United States, except those powers, duties, and functions conferred upon the consular officers relating to the grant- ing or refusal of visas; (2) the powers, duties, and functions of the Administrator; and (3) the de- termination of nationality of a person not in the United States. He shall establish such regula- tions; prescribe such forms of reports, entries and other papers; issue such instructions; and perform such other acts as he deems necessary for carrying out such provisions. He is author- ized to confer or impose upon any employee of the United States, with the consent of the head of the department or independent establishment under whose jurisdiction the employee is serv- ing, any of the powers, functions, or duties con- ferred or imposed by this chapter or regulations issued thereunder upon officers or employees of the Department of State or of the American Foreign Service. (b) Designation and duties of Administrator The Secretary of State shall designate an Ad- ministrator who shall be a citizen of the United States, qualified by experience. The Adminis- trator shall maintain close liaison with the ap- propriate committees of Congress in order that they may be advised regarding the administra- tion of this chapter by consular officers. The Ad- ministrator shall be charged with any and all re- sponsibility and authority in the administration of this chapter which are conferred on the Sec- retary of State as may be delegated to the Ad- ministrator by the Secretary of State or which may be prescribed by the Secretary of State, and shall perform such other duties as the Sec- retary of State may prescribe. (c) Passport Office, Visa Office, and other offices; directors Within the Department of State there shall be a Passport Office, a Visa Office, and such other offices as the Secretary of State may deem to be appropriate, each office to be headed by a direc- tor. The Directors of the Passport Office and the Visa Office shall be experienced in the adminis- tration of the nationality and immigration laws. (d) Transfer of duties The functions heretofore performed by the Passport Division and the Visa Division of the Department of State shall hereafter be per- formed by the Passport Office and the Visa Of- fice, respectively. (e) General Counsel of Visa Office; appointment and duties There shall be a General Counsel of the Visa Office, who shall be appointed by the Secretary of State and who shall serve under the general direction of the Legal Adviser of the Depart- ment of State. The General Counsel shall have authority to maintain liaison with the appro- priate officers of the Service with a view to se- curing uniform interpretations of the provisions of this chapter. (June 27, 1952, ch. 477, title I, § 104, 66 Stat. 174; Pub. L. 87-510, § 4(a)(2), June 28, 1962, 76 Stat. 123; Pub. L. 88–426, title III, § 305(43), Aug. 14, 1964, 78 Stat. 428; Pub. L. 95–105, title I, § 109(b)(1), Aug. 17, 1977, 91 Stat. 847; Pub. L. 100–525, § 9(d), Oct. 24, 1988, 102 Stat. 2620; Pub. L. 103–236, title I, § 162(h)(2), Apr. 30, 1994, 108 Stat. 407.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsecs. (a), (b), and (e), was in the original, ‘‘this Act’’, meaning act June 27, 1952, ch. 477, 66 Stat. 163, known as the Immigration and Nationality 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 1994—Pub. L. 103–236, § 162(h)(2)(A), struck out ‘‘; Bureau of Consular Affairs’’ after ‘‘Secretary of State’’ in section catchline. Subsec. (a)(2). Pub. L. 103–236, § 162(h)(2)(B), sub- stituted ‘‘the Administrator’’ for ‘‘the Bureau of Con- sular Affairs’’. Subsec. (b). Pub. L. 103–236, § 162(h)(2)(C), amended subsec. (b) generally. Prior to amendment, subsec. (b) read as follows: ‘‘There is established in the Depart- ment of State a Bureau of Consular Affairs, to be head- ed by an Assistant Secretary of State for Consular Af- fairs. The Assistant Secretary of State for Consular Af- fairs shall be a citizen of the United States, qualified by experience, and shall maintain close liaison with the appropriate committees of Congress in order that they Page 80 TITLE 8—ALIENS AND NATIONALITY § 1105 may be advised regarding the administration of this chapter by consular officers. He shall be charged with any and all responsibility and authority in the admin- istration of the Bureau and of this chapter which are conferred on the Secretary of State as may be dele- gated to him by the Secretary of State or which may be prescribed by the Secretary of State. He shall also perform such other duties as the Secretary of State may prescribe.’’ Subsec. (c). Pub. L. 103–236, § 162(h)(2)(D), substituted ‘‘Department of State’’ for ‘‘Bureau’’. Subsec. (d). Pub. L. 103–236, § 162(h)(2)(E), struck out before period at end ‘‘, of the Bureau of Consular Af- fairs’’. 1988—Pub. L. 100–525 substituted ‘‘Bureau of Consular Affairs’’ for ‘‘Bureau of Security and Consular Affairs’’ in section catchline. 1977—Subsec. (a)(2). Pub. L. 95–105, § 109(b)(1)(A), struck out ‘‘Security and’’ after ‘‘Bureau of’’. Subsec. (b). Pub. L. 95–105, § 109(b)(1)(B), substituted ‘‘Consular Affairs, to be headed by an Assistant Sec- retary of State for Consular Affairs’’ for ‘‘Security and Consular Affairs, to be headed by an administrator (with an appropriate title to be designated by the Sec- retary of State), with rank equal to that of an Assist- ant Secretary of State’’ and ‘‘Assistant Secretary of State for Consular Affairs’’ for ‘‘administrator’’ and struck out provision that the administrator shall be appointed by the President by and with the advice and consent of the Senate. Subsec. (d). Pub. L. 95–105, § 109(b)(1)(C), struck out ‘‘Security and’’ after ‘‘Bureau of’’. Subsec. (f). Pub. L. 95–105, § 109(b)(1)(D), struck out subsec. (f) which placed Bureau of Security and Con- sular Affairs under immediate jurisdiction of Deputy Under Secretary of State for Administration. 1964—Subsec. (b). Pub. L. 88–426 repealed provisions which related to compensation of Administrator. See section 5311 et seq. of Title 5, Government Organization and Employees. 1962—Subsec. (b). Pub. L. 87–510 provided for appoint- ment of Administrator of Bureau of Security and Con- sular Affairs by President by and with advice and con- sent of Senate. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1994 AMENDMENT Amendment by Pub. L. 103–236 applicable with re- spect to officials, offices, and bureaus of Department of State when executive orders, regulations, or depart- mental directives implementing the amendments by sections 161 and 162 of Pub. L. 103–236 become effective, or 90 days after Apr. 30, 1994, whichever comes earlier, see section 161(b) of Pub. L. 103–236, as amended, set out as a note under section 2651a of Title 22, Foreign Rela- tions and Intercourse. EFFECTIVE DATE OF 1964 AMENDMENT Amendment by Pub. L. 88–426 effective on first day of first pay period which begins on or after July 1, 1964, except to extent provided in section 501(c) of Pub. L. 88–426, see section 501 of Pub. L. 88–426. 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. AUTHORITY OF SECRETARY OF STATE Except as otherwise provided, Secretary of State to have and exercise any authority vested by law in any official or office of Department of State and references to such officials or offices deemed to refer to Secretary of State or Department of State, as appropriate, see section 2651a of Title 22, Foreign Relations and Inter- course, and section 161(d) of Pub. L. 103–236, set out as a note under section 2651a of Title 22. ASSUMPTION OF DUTIES BY ADMINISTRATOR OF BUREAU OF SECURITY AND CONSULAR AFFAIRS Pub. L. 95–105, title I, § 109(b)(4), Aug. 17, 1977, 91 Stat. 847, provided that: ‘‘The individual holding the position of administrator of the Bureau of Security and Con- sular Affairs on the date of enactment of this section [Aug. 17, 1977] shall assume the duties of the Assistant Secretary of State for Consular Affairs and shall not be required to be reappointed by reason of the enactment of this section.’’ REFERENCES TO BUREAU OF SECURITY AND CONSULAR AFFAIRS OR ADMINISTRATOR Pub. L. 95–105, title I, § 109(b)(5), Aug. 17, 1977, 91 Stat. 847, provided that: ‘‘Any reference in any law to the Bu- reau of Security and Consular Affairs or to the admin- istrator of such Bureau shall be deemed to be a ref- erence to the Bureau of Consular Affairs or to the As- sistant Secretary of State for Consular Affairs, respec- tively.’’ § 1105. Liaison with internal security officers; data exchange (a) In general The Commissioner and the Administrator shall have authority to maintain direct and con- tinuous liaison with the Directors of the Federal Bureau of Investigation and the Central Intel- ligence Agency and with other internal security officers of the Government for the purpose of ob- taining and exchanging information for use in enforcing the provisions of this chapter in the interest of the internal and border security of the United States. The Commissioner and the Administrator shall maintain direct and contin- uous liaison with each other with a view to a co- ordinated, uniform, and efficient administration of this chapter, and all other immigration and nationality laws. (b) Access to National Crime Information Center files (1) The Attorney General and the Director of the Federal Bureau of Investigation shall pro- vide the Department of State and the Service access to the criminal history record informa- tion contained in the National Crime Informa- tion Center’s Interstate Identification Index (NCIC-III), Wanted Persons File, and to any other files maintained by the National Crime In- formation Center that may be mutually agreed upon by the Attorney General and the agency receiving the access, for the purpose of deter- mining whether or not a visa applicant or appli- cant for admission has a criminal history record indexed in any such file. (2) Such access shall be provided by means of extracts of the records for placement in the automated visa lookout or other appropriate database, and shall be provided without any fee or charge. (3) The Federal Bureau of Investigation shall provide periodic updates of the extracts at inter- vals mutually agreed upon with the agency re- ceiving the access. Upon receipt of such updated extracts, the receiving agency shall make cor- responding updates to its database and destroy previously provided extracts. (4) Access to an extract does not entitle the Department of State to obtain the full content of the corresponding automated criminal his- tory record. To obtain the full content of a