8 U.S.C. § 1357 — Powers of immigration officers and em-

Page 443 TITLE 8—ALIENS AND NATIONALITY § 1357 108 Stat. 1736, and repealed by Pub. L. 104–208, div. C, title I, § 122(b), Sept. 30, 1996, 110 Stat. 3009–560. § 1357. Powers of immigration officers and em- ployees (a) Powers without warrant Any officer or employee of the Service author- ized under regulations prescribed by the Attor- ney General shall have power without warrant— (1) to interrogate any alien or person be- lieved to be an alien as to his right to be or to remain in the United States; (2) to arrest any alien who in his presence or view is entering or attempting to enter the United States in violation of any law or regu- lation made in pursuance of law regulating the admission, exclusion, expulsion, or removal of aliens, or to arrest any alien in the United States, if he has reason to believe that the alien so arrested is in the United States in vio- lation of any such law or regulation and is likely to escape before a warrant can be ob- tained for his arrest, but the alien arrested shall be taken without unnecessary delay for examination before an officer of the Service having authority to examine aliens as to their right to enter or remain in the United States; (3) within a reasonable distance from any ex- ternal boundary of the United States, to board and search for aliens any vessel within the ter- ritorial waters of the United States and any railway car, aircraft, conveyance, or vehicle, and within a distance of twenty-five miles from any such external boundary to have ac- cess to private lands, but not dwellings, for the purpose of patrolling the border to prevent the illegal entry of aliens into the United States; (4) to make arrests for felonies which have been committed and which are cognizable under any law of the United States regulating the admission, exclusion, expulsion, or re- moval of aliens, if he has reason to believe that the person so arrested is guilty of such felony and if there is likelihood of the person escaping before a warrant can be obtained for his arrest, but the person arrested shall be taken without unnecessary delay before the nearest available officer empowered to com- mit persons charged with offenses against the laws of the United States; and (5) to make arrests— (A) for any offense against the United States, if the offense is committed in the of- ficer’s or employee’s presence, or (B) for any felony cognizable under the laws of the United States, if the officer or employee has reasonable grounds to believe that the person to be arrested has com- mitted or is committing such a felony, if the officer or employee is performing duties relating to the enforcement of the immigra- tion laws at the time of the arrest and if there is a likelihood of the person escaping before a warrant can be obtained for his arrest. Under regulations prescribed by the Attorney General, an officer or employee of the Service may carry a firearm and may execute and serve any order, warrant, subpoena, summons, or other process issued under the authority of the United States. The authority to make arrests under paragraph (5)(B) shall only be effective on and after the date on which the Attorney Gen- eral publishes final regulations which (i) pre- scribe the categories of officers and employees of the Service who may use force (including deadly force) and the circumstances under which such force may be used, (ii) establish standards with respect to enforcement activities of the Service, (iii) require that any officer or em- ployee of the Service is not authorized to make arrests under paragraph (5)(B) unless the officer or employee has received certification as having completed a training program which covers such arrests and standards described in clause (ii), and (iv) establish an expedited, internal review process for violations of such standards, which process is consistent with standard agency pro- cedure regarding confidentiality of matters re- lated to internal investigations. (b) Administration of oath; taking of evidence Any officer or employee of the Service des- ignated by the Attorney General, whether indi- vidually or as one of a class, shall have power and authority to administer oaths and to take and consider evidence concerning the privilege of any person to enter, reenter, pass through, or reside in the United States, or concerning any matter which is material or relevant to the en- forcement of this chapter and the administra- tion of the Service; and any person to whom such oath has been administered, (or who has ex- ecuted an unsworn declaration, certificate, verification, or statement under penalty of per- jury as permitted under section 1746 of title 28) under the provisions of this chapter, who shall knowingly or willfully give false evidence or swear (or subscribe under penalty of perjury as permitted under section 1746 of title 28) to any false statement concerning any matter referred to in this subsection shall be guilty of perjury and shall be punished as provided by section 1621 of title 18. (c) Search without warrant Any officer or employee of the Service author- ized and designated under regulations prescribed by the Attorney General, whether individually or as one of a class, shall have power to conduct a search, without warrant, of the person, and of the personal effects in the possession of any per- son seeking admission to the United States, con- cerning whom such officer or employee may have reasonable cause to suspect that grounds exist for denial of admission to the United States under this chapter which would be dis- closed by such search. (d) Detainer of aliens for violation of controlled substances laws In the case of an alien who is arrested by a Federal, State, or local law enforcement official for a violation of any law relating to controlled substances, if the official (or another official)— (1) has reason to believe that the alien may not have been lawfully admitted to the United States or otherwise is not lawfully present in the United States, (2) expeditiously informs an appropriate offi- cer or employee of the Service authorized and designated by the Attorney General of the ar- Page 444 TITLE 8—ALIENS AND NATIONALITY § 1357 rest and of facts concerning the status of the alien, and (3) requests the Service to determine promptly whether or not to issue a detainer to detain the alien, the officer or employee of the Service shall promptly determine whether or not to issue such a detainer. If such a detainer is issued and the alien is not otherwise detained by Federal, State, or local officials, the Attorney General shall effectively and expeditiously take custody of the alien. (e) Restriction on warrantless entry in case of outdoor agricultural operations Notwithstanding any other provision of this section other than paragraph (3) of subsection (a), an officer or employee of the Service may not enter without the consent of the owner (or agent thereof) or a properly executed warrant onto the premises of a farm or other outdoor ag- ricultural operation for the purpose of interro- gating a person believed to be an alien as to the person’s right to be or to remain in the United States. (f) Fingerprinting and photographing of certain aliens (1) Under regulations of the Attorney General, the Commissioner shall provide for the fingerprinting and photographing of each alien 14 years of age or older against whom a pro- ceeding is commenced under section 1229a of this title. (2) Such fingerprints and photographs shall be made available to Federal, State, and local law enforcement agencies, upon request. (g) Performance of immigration officer functions by State officers and employees (1) Notwithstanding section 1342 of title 31, the Attorney General may enter into a written agreement with a State, or any political sub- division of a State, pursuant to which an officer or employee of the State or subdivision, who is determined by the Attorney General to be quali- fied to perform a function of an immigration of- ficer in relation to the investigation, apprehen- sion, or detention of aliens in the United States (including the transportation of such aliens across State lines to detention centers), may carry out such function at the expense of the State or political subdivision and to the extent consistent with State and local law. (2) An agreement under this subsection shall require that an officer or employee of a State or political subdivision of a State performing a function under the agreement shall have knowl- edge of, and adhere to, Federal law relating to the function, and shall contain a written certifi- cation that the officers or employees performing the function under the agreement have received adequate training regarding the enforcement of relevant Federal immigration laws. (3) In performing a function under this sub- section, an officer or employee of a State or po- litical subdivision of a State shall be subject to the direction and supervision of the Attorney General. (4) In performing a function under this sub- section, an officer or employee of a State or po- litical subdivision of a State may use Federal property or facilities, as provided in a written agreement between the Attorney General and the State or subdivision. (5) With respect to each officer or employee of a State or political subdivision who is author- ized to perform a function under this subsection, the specific powers and duties that may be, or are required to be, exercised or performed by the individual, the duration of the authority of the individual, and the position of the agency of the Attorney General who is required to supervise and direct the individual, shall be set forth in a written agreement between the Attorney Gen- eral and the State or political subdivision. (6) The Attorney General may not accept a service under this subsection if the service will be used to displace any Federal employee. (7) Except as provided in paragraph (8), an offi- cer or employee of a State or political subdivi- sion of a State performing functions under this subsection shall not be treated as a Federal em- ployee for any purpose other than for purposes of chapter 81 of title 5 (relating to compensation for injury) and sections 2671 through 2680 of title 28 (relating to tort claims). (8) An officer or employee of a State or polit- ical subdivision of a State acting under color of authority under this subsection, or any agree- ment entered into under this subsection, shall be considered to be acting under color of Federal authority for purposes of determining the liabil- ity, and immunity from suit, of the officer or employee in a civil action brought under Fed- eral or State law. (9) Nothing in this subsection shall be con- strued to require any State or political subdivi- sion of a State to enter into an agreement with the Attorney General under this subsection. (10) Nothing in this subsection shall be con- strued to require an agreement under this sub- section in order for any officer or employee of a State or political subdivision of a State— (A) to communicate with the Attorney Gen- eral regarding the immigration status of any individual, including reporting knowledge that a particular alien is not lawfully present in the United States; or (B) otherwise to cooperate with the Attor- ney General in the identification, apprehen- sion, detention, or removal of aliens not law- fully present in the United States. (h) Protecting abused juveniles An alien described in section 1101(a)(27)(J) of this title who has been battered, abused, ne- glected, or abandoned, shall not be compelled to contact the alleged abuser (or family member of the alleged abuser) at any stage of applying for special immigrant juvenile status, including after a request for the consent of the Secretary of Homeland Security under section 1101(a)(27)(J)(iii)(I) of this title. (June 27, 1952, ch. 477, title II, ch. 9, § 287, 66 Stat. 233; Pub. L. 94–550, § 7, Oct. 18, 1976, 90 Stat. 2535; Pub. L. 99–570, title I, § 1751(d), Oct. 27, 1986, 100 Stat. 3207–47; Pub. L. 99–603, title I, § 116, Nov. 6, 1986, 100 Stat. 3384; Pub. L. 100–525, §§ 2(e), 5, Oct. 24, 1988, 102 Stat. 2610, 2615; Pub. L. 101–649, title V, § 503(a), (b)(1), Nov. 29, 1990, 104 Stat. 5048, 5049; Pub. L. 102–232, title III, § 306(a)(3), Dec. 12, 1991, 105 Stat. 1751; Pub. L. 104–208, div. C, title 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—Subsec. (a). Pub. L. 101–649, § 503(a), struck out ‘‘and’’ at end of par. (3), substituted ‘‘United States, and’’ for ‘‘United States. Any such employee shall also have the power to execute any warrant or other process issued by any officer under any law regulating the ad- mission, exclusion, or expulsion of aliens.’’ at end of par. (4), and added par. (5) and concluding provisions. Subsec. (f). Pub. L. 101–649, § 503(b)(1), added subsec. (f). 1988—Subsec. (d). Pub. L. 100–525, § 5, added par. (3) and closing provisions and struck out former par. (3) which read as follows: ‘‘requests the Service to deter- mine promptly whether or not to issue a detainer to de- tain the alien, the officer or employee of the Service shall promptly determine whether or not to issue such a detainer. If such a detainer is issued and the alien is not otherwise detained by Federal, State, or local offi- cials, the Attorney General shall effectively and expe- ditiously take custody of the alien.’’ Subsec. (e). Pub. L. 100–525, § 2(e)(2), made technical amendment to directory language of Pub. L. 99–603, § 116, and redesignated the subsec. (d) added by such § 116, as (e). See 1986 Amendment note below. 1986—Subsec. (d). Pub. L. 99–570 added subsec. (d). Subsec. (e). Pub. L. 99–603, as amended by Pub. L. 100–525, § 2(e), added subsec. (e), which prior to amend- ment by Pub. L. 100–525, was designated as a second subsec. (d) of this section. 1976—Subsec. (b). Pub. L. 94–550 inserted ‘‘(or who has executed an unsworn declaration, certificate, verification, or statement under penalty of perjury as permitted under section 1746 of title 28)’’ after ‘‘to whom such oath has been administered’’ and ‘‘(or sub- scribe under penalty of perjury as permitted under sec- tion 1746 of title 28)’’ after ‘‘give false evidence or swear’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1996 AMENDMENT Amendment by section 308(d)(4)(L), (e)(1)(M), (g)(5)(A)(i) 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. EFFECTIVE DATE OF 1991 AMENDMENT Amendment by Pub. L. 102–232 effective as if included in the enactment of the Immigration Act of 1990, Pub. L. 101–649, see section 310(1) of Pub. L. 102–232, set out as a note under section 1101 of this title. EFFECTIVE DATE OF 1988 AMENDMENT Amendment by section 2(e) of Pub. L. 100–525 effective as if included in enactment of Immigration Reform and Control Act of 1986, Pub. L. 99–603, see section 2(s) of Pub. L. 100–525, 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. § 1358. Local jurisdiction over immigrant stations The officers in charge of the various immi- grant stations shall admit therein the proper State and local officers charged with the en- forcement of the laws of the State or Territory of the United States in which any such immi- grant station is located in order that such State and local officers may preserve the peace and make arrests for crimes under the laws of the States and Territories. For the purpose of this section the jurisdiction of such State and local officers and of the State and local courts shall extend over such immigrant stations. (June 27, 1952, ch. 477, title II, ch. 9, § 288, 66 Stat. 234.) § 1359. Application to American Indians born in Canada 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. (June 27, 1952, ch. 477, title II, ch. 9, § 289, 66 Stat. 234.) § 1360. Establishment of central file; information from other departments and agencies (a) Establishment of central file There shall be established in the office of the Commissioner, for the use of security and en- forcement agencies of the Government of the United States, a central index, which shall con- tain the names of all aliens heretofore admitted or denied admission to the United States, inso- far as such information is available from the ex- isting records of the Service, and the names of all aliens hereafter admitted or denied admis- sion to the United States, the names of their sponsors of record, if any, and such other rel-