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8 U.S.C. § 1254 — Repealed. Pub. L. 104–208, div. C, title III,
Federal law — U.S. Code and appendices · legal_authorities
Page 346
TITLE 8—ALIENS AND NATIONALITY
§ 1254
particular social group, or political opinion, for provi-
sions relating to withholding of deportation for any
necessary period of time where the Attorney General
decides the alien would be subject to persecution on ac-
count of race, religion, or political opinion.
1978—Subsec. (h). Pub. L. 95–549 inserted ‘‘(other than
an alien described in section 1251(a) of this title)’’ be-
fore ‘‘within the United States’’.
1965—Subsec. (h). Pub. L. 89–236 substituted ‘‘persecu-
tion on account of race, religion, or political opinion’’
for ‘‘physical persecution’’.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 1996 AMENDMENTS
Amendment by 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.
Pub. L. 104–132, title IV, § 413(g), Apr. 24, 1996, 110 Stat.
1269, provided that: ‘‘The amendments made by this
section [amending this section and sections 1254, 1255,
and 1259 of this title] shall take effect on the date of
the enactment of this Act [Apr. 24, 1996] and shall apply
to applications filed before, on, or after such date if
final action has not been taken on them before such
date.’’
EFFECTIVE DATE OF 1990 AMENDMENT
Amendment by section 515(a)(2) of Pub. L. 101–649 ap-
plicable to convictions entered before, on, or after Nov.
29, 1990, and to applications for withholding of deporta-
tion made on or after such date, see section 515(b)(2) of
Pub. L. 101–649, as amended, set out as a note under sec-
tion 1158 of this title.
Amendment by section 603(b)(3) of Pub. L. 101–649 not
applicable to deportation proceedings for
Source: Supplied 2024 U.S. Code historical extraction · 8 U.S.C. § 1254
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Page 346
TITLE 8—ALIENS AND NATIONALITY
§ 1254
particular social group, or political opinion, for provi-
sions relating to withholding of deportation for any
necessary period of time where the Attorney General
decides the alien would be subject to persecution on ac-
count of race, religion, or political opinion.
1978—Subsec. (h). Pub. L. 95–549 inserted ‘‘(other than
an alien described in section 1251(a) of this title)’’ be-
fore ‘‘within the United States’’.
1965—Subsec. (h). Pub. L. 89–236 substituted ‘‘persecu-
tion on account of race, religion, or political opinion’’
for ‘‘physical persecution’’.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 1996 AMENDMENTS
Amendment by 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.
Pub. L. 104–132, title IV, § 413(g), Apr. 24, 1996, 110 Stat.
1269, provided that: ‘‘The amendments made by this
section [amending this section and sections 1254, 1255,
and 1259 of this title] shall take effect on the date of
the enactment of this Act [Apr. 24, 1996] and shall apply
to applications filed before, on, or after such date if
final action has not been taken on them before such
date.’’
EFFECTIVE DATE OF 1990 AMENDMENT
Amendment by section 515(a)(2) of Pub. L. 101–649 ap-
plicable to convictions entered before, on, or after Nov.
29, 1990, and to applications for withholding of deporta-
tion made on or after such date, see section 515(b)(2) of
Pub. L. 101–649, as amended, set out as a note under sec-
tion 1158 of this title.
Amendment by section 603(b)(3) of Pub. L. 101–649 not
applicable to deportation proceedings for which notice
has been provided to the alien before Mar. 1, 1991, see
section 602(d) of Pub. L. 101–649, set out as a note under
section 1227 of this title.
EFFECTIVE DATE OF 1981 AMENDMENT
Amendment by Pub. L. 97–116 effective Dec. 29, 1981,
see section 21(a) of Pub. L. 97–116, set out as a note
under section 1101 of this title.
EFFECTIVE DATE OF 1980 AMENDMENT
Amendment by Pub. L. 96–212 effective Mar. 17, 1980,
and applicable to fiscal years beginning with the fiscal
year beginning Oct. 1, 1979, see section 204 of Pub. L.
96–212, set out as a note under section 1101 of this title.
EFFECTIVE DATE OF 1965 AMENDMENT
For effective date of amendment by Pub. L. 89–236,
see section 20 of Pub. L. 89–236, set out as a note under
section 1151 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.
SENSE OF CONGRESS RESPECTING TREATMENT OF CUBAN
POLITICAL PRISONERS
Pub. L. 99–603, title III, § 315(c), Nov. 6, 1986, 100 Stat.
3440, as amended by Pub. L. 104–208, div. C, title III,
§ 308(g)(7)(C)(i), Sept. 30, 1996, 110 Stat. 3009–623, pro-
vided that: ‘‘It is the sense of the Congress that the
Secretary of State should provide for the issuance of
visas to nationals of Cuba who are or were imprisoned
in Cuba for political activities without regard to sec-
tion 243(d) of the Immigration and Nationality Act (8
U.S.C. 1253(d)).’’
§ 1254. Repealed. Pub. L. 104–208, div. C, title III,
§ 308(b)(7), Sept. 30, 1996, 110 Stat. 3009–615
Section, acts June 27, 1952, ch. 477, title II, ch. 5, § 244,
66 Stat. 214; Oct. 24, 1962, Pub. L. 87–885, § 4, 76 Stat. 1247;
Oct. 3, 1965, Pub. L. 89–236, § 12, 79 Stat. 918; Oct. 20, 1976,
Pub. L. 94–571, § 7(f), 90 Stat. 2706; Oct. 30, 1978, Pub. L.
95–549, title I, § 105, 92 Stat. 2066; Mar. 17, 1980, Pub. L.
96–212, title II, § 203(d), 94 Stat. 107; Dec. 29, 1981, Pub. L.
97–116, §§ 9, 18(h)(2), (j), 95 Stat. 1616, 1620; Nov. 6, 1986,
Pub. L. 99–603, title III, § 315(b), 100 Stat. 3439; Oct. 24,
1988, Pub. L. 100–525, § 2(q)(1), 102 Stat. 2613; Nov. 18,
1988, Pub. L. 100–690, title VII, § 7343(b), 102 Stat. 4470;
Nov. 29, 1990, Pub. L. 101–649, title I, § 162(e)(2), title VI,
§ 603(b)(3), (4), 104 Stat. 5011, 5085; Dec. 12, 1991, Pub. L.
102–232, title III, § 307(m)(1), 105 Stat. 1757; Sept. 13, 1994,
Pub. L. 103–322, title IV, § 40703, 108 Stat. 1955; Apr. 24,
1996, Pub. L. 104–132, title IV, § 413(b), (c), 110 Stat. 1269,
related to suspension of deportation. See sections 1229b
and 1229c of this title.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF REPEAL
Repeal 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 an Effective Date of 1996 Amend-
ments note under section 1101 of this title.
§ 1254a. Temporary protected status
(a) Granting of status
(1) In general
In the case of an alien who is a national of
a foreign state designated under subsection (b)
(or in the case of an alien having no nation-
ality, is a person who last habitually resided
in such designated state) and who meets the
requirements of subsection (c), the Attorney
General, in accordance with this section—
(A) may grant the alien temporary pro-
tected status in the United States and shall
not remove the alien from the United States
during the period in which such status is in
effect, and
(B) shall authorize the alien to engage in
employment in the United States and pro-
vide the alien with an ‘‘employment author-
ized’’ endorsement or other appropriate
work permit.
(2) Duration of work authorization
Work authorization provided under this sec-
tion shall be effective throughout the period
the alien is in temporary protected status
under this section.
(3) Notice
(A) Upon the granting of temporary pro-
tected status under this section, the Attorney
General shall provide the alien with informa-
tion concerning such status under this section.
(B) If, at the time of initiation of a removal
proceeding against an alien, the foreign state
(of which the alien is a national) is designated
under subsection (b), the Attorney General
Cross-references
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Penalty for failure to depart**
(1) **In general** — Any alien against whom a final order of removal is outstanding by reason of being a member of any of the classes described in [section 1227(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1227/a&num=0&edition=prelim), who—
(A) willfully fails or refuses to depart from the United States within a period of 90 days from the date of the final order of removal under administrative processes, or if judicial review is had, then from the date of the final order of the court,
(B) willfully fails or refuses to make timely application in good faith for travel or other documents necessary to the alien’s departure,
(C) connives or conspires, or takes any other action, designed to prevent or hamper or with the purpose of preventing or hampering the alien’s departure pursuant to such, or
(D) willfully fails or refuses to present himself or herself for removal at the time and place required by the Attorney General pursuant to such order,
shall be fined under title 18, or imprisoned not more than four years (or 10 years if the alien is a member of any of the classes described in paragraph (1)(E), (2), (3), or (4) of [section 1227(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1227/a&num=0&edition=prelim)), or both.
(2) **Exception** — It is not a violation of paragraph (1) to take any proper steps for the purpose of securing cancellation of or exemption from such order of removal or for the purpose of securing the alien’s release from incarceration or custody.
(3) **Suspension** — The court may for good cause suspend the sentence of an alien under this subsection and order the alien’s release under such conditions as the c
Source: Supplied U.S. Code snapshot — release unconfirmed · 8 U.S.C. § 1253
Stored review status: release_metadata_unconfirmed. The source passage cites 8 U.S.C. § 1253. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
Page 344
TITLE 8—ALIENS AND NATIONALITY
§ 1252a
Pub. L. 104–208, set out in an Effective Date of 1996
Amendments note under section 1101 of this title.
AUTHORITY TO ACCEPT CERTAIN ASSISTANCE
Pub. L. 103–322, title XIII, § 130008, Sept. 13, 1994, 108
Stat. 2029, provided that:
‘‘(a) IN GENERAL.—Subject to subsection (b) and not-
withstanding any other provision of law, the Attorney
General, in the discretion of the Attorney General, may
accept, hold, administer, and utilize gifts of property
and services (which may not include cash assistance)
from State and local governments for the purpose of as-
sisting the Immigration and Naturalization Service in
the transportation of deportable aliens who are ar-
rested for misdemeanor or felony crimes under State or
Federal law and who are either unlawfully within the
United States or willing to submit to voluntary depar-
ture under safeguards. Any property acquired pursuant
to this section shall be acquired in the name of the
United States.
‘‘(b) LIMITATION.—The Attorney General shall termi-
nate or rescind the exercise of the authority under sub-
section (a) if the Attorney General determines that the
exercise of such authority has resulted in discrimina-
tion by law enforcement officials on the basis of race,
color, or national origin.’’
§ 1252a. Transferred
Editorial Notes
CODIFICATION
Section 1252a, act June 27, 1952, ch. 477, title II, ch. 5,
§ 242A, as added Nov. 18, 1988, Pub. L. 100–690, title VII,
§ 7347(a), 102 Stat. 4471, as amended, which related to ex-
pedited removal of aliens convicted of committing ag-
gravated felonies, was renumbered section 238 of ch. 4
of title II of act June 27, 1952, by Pub. L. 104–208, div.
C, title III, § 308(b)(5), Sept. 30, 1996, 110 Stat. 3009–615,
and was trans
Source: Supplied 2024 U.S. Code historical extraction · 8 U.S.C. § 1253
Stored review status: historical_2024_not_currentness_verified. The source passage cites 8 U.S.C. § 1253. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
Section, acts June 27, 1952, ch. 477, title II, ch. 5, § 244, 66 Stat. 214; Oct. 24, 1962, Pub. L. 87–885, § 4, 76 Stat. 1247; Oct. 3, 1965, Pub. L. 89–236, § 12, 79 Stat. 918; Oct. 20, 1976, Pub. L. 94–571, § 7(f), 90 Stat. 2706; Oct. 30, 1978, Pub. L. 95–549, title I, § 105, 92 Stat. 2066; Mar. 17, 1980, Pub. L. 96–212, title II, § 203(d), 94 Stat. 107; Dec. 29, 1981, Pub. L. 97–116, §§ 9, 18(h)(2), (j), 95 Stat. 1616, 1620; Nov. 6, 1986, Pub. L. 99–603, title III, § 315(b), 100 Stat. 3439; Oct. 24, 1988, Pub. L. 100–525, § 2(q)(1), 102 Stat. 2613; Nov. 18, 1988, Pub. L. 100–690, title VII, § 7343(b), 102 Stat. 4470; Nov. 29, 1990, Pub. L. 101–649, title I, § 162(e)(2), title VI, § 603(b)(3), (4), 104 Stat. 5011, 5085; Dec. 12, 1991, Pub. L. 102–232, title III, § 307(m)(1), 105 Stat. 1757; Sept. 13, 1994, Pub. L. 103–322, title IV, § 40703, 108 Stat. 1955; Apr. 24, 1996, Pub. L. 104–132, title IV, § 413(b), (c), 110 Stat. 1269, related to suspension of deportation. See sections 1229b and 1229c of this title.
#### Effective Date of Repeal
Repeal 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 an Effective Date of 1996 Amendments note under [section 1101 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1101&num=0&edition=prelim).
Source: Supplied U.S. Code snapshot — release unconfirmed · 8 U.S.C. § 1254
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