8 U.S.C. § 1102 — Diplomatic and semidiplomatic immuni-

Page 65 TITLE 8—ALIENS AND NATIONALITY § 1102 To further expedite removal of criminal aliens from this country and reduce costs to Federal and State gov- ernments, the Department of Justice is directed to de- velop an expanded program of verification of the immi- gration status of criminal aliens within our country’s prisons. In developing this program, the viability of ex- panding the work of the Law Enforcement Support Center should be assessed and all necessary steps taken to increase coordination and cooperative efforts with State, and local law enforcement officers in identifica- tion of criminal aliens. TARGETED DETERRENCE AREAS Many of the Administration’s illegal immigration en- forcement initiatives are mutually reinforcing. For ex- ample, strong interior enforcement supports border control. While there have been efforts over the years at piecemeal cooperation, this Administration will exam- ine, develop, and test a more comprehensive coordi- nated package of deterrence strategies in selected met- ropolitan areas by multiple Federal, State, and local agencies. The White House Interagency Working Group on Im- migration shall coordinate the development of this interagency and intergovernmental operation. VERIFICATION OF ELIGIBILITY FOR BENEFITS The law denies most government benefits to illegal aliens. The government has a duty to assure that tax- payer-supported public assistance programs are not abused. As with work authorization, enforcement of eli- gibility requirements relies upon a credible system of verification. The INS, working with the White House Interagency Working Group on Immigration as appro- priate, shall review means of improving the existing benefits verification program. In addition, we will seek new mechanisms—including increased penalties for false information used to qualify for benefits—to pro- tect the integrity of public programs. ANTI-DISCRIMINATION Our efforts to combat illegal immigration must not violate the privacy and civil rights of legal immigrants and U.S. citizens. Therefore, I direct the Attorney Gen- eral, the Secretary of Health and Human Services, the Chair of the Equal Employment Opportunity Commis- sion, and other relevant Administration officials to vigorously protect our citizens and legal immigrants from immigration-related instances of discrimination and harassment. All illegal immigration enforcement measures shall be taken with due regard for the basic human rights of individuals and in accordance with our obligations under applicable international agreements. ASSISTANCE TO STATES States today face significant costs for services pro- vided to illegal immigrants as a result of failed policies of the past. Deterring illegal immigration is the best long-term solution to protect States from growing costs for illegal immigration. This is the first Adminis- tration to address this primary responsibility squarely. We are targeting most of our Federal dollars to those initiatives that address the root causes that lead to in- creased burdens on States. The Federal Government provides States with bil- lions of dollars to provide for health care, education, and other services and benefits for immigrants. This Administration is proposing increases for immigration and immigration-related spending of 25 percent in 1996 compared to 1993 levels. In addition, this Administra- tion is the first to obtain funding from the Congress to reimburse States for a share of the costs of incarcer- ated illegal aliens. This Administration will continue to work with States to obtain more Federal help for certain State costs and will oppose inappropriate cost-shifting to the States. INTERNATIONAL COOPERATION This Administration will continue to emphasize international cooperative efforts to address illegal im- migration. Pursuant to a Presidential Review Directive (PRD), the Department of State is now coordinating a study on United States policy toward international refugee and migration affairs. I hereby direct that, as part of that PRD process, this report to the National Security Council include the relationship of economic develop- ment and migration in the Western Hemisphere and, in particular, provide recommendations for further for- eign economic policy measures to address causes of il- legal immigration. The Department of State shall coordinate an inter- agency effort to consider expanded arrangements with foreign governments for return of criminal and deport- able aliens. The Department of State also shall seek to negotiate readmission agreements for persons who could have sought asylum in the last country from which they ar- rived. Such agreements will take due regard of U.S. ob- ligations under the Protocol Relating to the Status of Refugees. The Department of State further shall implement co- operative efforts with other nations receiving smuggled aliens or those used as transhipment points by smug- glers. In particular, we will look to countries in our hemisphere to join us by denying their territory as bases for smuggling operations. The Department of State shall initiate negotiations with foreign countries to secure authority for the United States Coast Guard to board source country ves- sels suspected of transporting smuggled aliens. This directive shall be published in the Federal Reg- ister. WILLIAM J. CLINTON. § 1102. Diplomatic and semidiplomatic immuni- ties Except as otherwise provided in this chapter, for so long as they continue in the non- immigrant classes enumerated in this section, the provisions of this chapter relating to ineligi- bility to receive visas and the removal of aliens shall not be construed to apply to non- immigrants— (1) within the class described in paragraph (15)(A)(i) of section 1101(a) of this title, except those provisions relating to reasonable re- quirements of passports and visas as a means of identification and documentation necessary to establish their qualifications under such paragraph (15)(A)(i), and, under such rules and regulations as the President may deem to be necessary, the provisions of subparagraphs (A) through (C) of section 1182(a)(3) of this title; (2) within the class described in paragraph (15)(G)(i) of section 1101(a) of this title, except those provisions relating to reasonable re- quirements of passports and visas as a means of identification and documentation necessary to establish their qualifications under such paragraph (15)(G)(i), and the provisions of sub- paragraphs (A) through (C) of section 1182(a)(3) of this title; and (3) within the classes described in para- graphs (15)(A)(ii), (15)(G)(ii), (15)(G)(iii), or (15)(G)(iv) of section 1101(a) of this title, ex- cept those provisions relating to reasonable requirements of passports and visas as a means of identification and documentation necessary to establish their qualifications under such paragraphs, and the provisions of Page 66 TITLE 8—ALIENS AND NATIONALITY § 1103 subparagraphs (A) through (C) of section 1182(a)(3) of this title. (June 27, 1952, ch. 477, title I, § 102, 66 Stat. 173; Pub. L. 100–525, § 9(b), Oct. 24, 1988, 102 Stat. 2619; Pub. L. 101–649, title VI, § 603(a)(2), Nov. 29, 1990, 104 Stat. 5082; Pub. L. 102–232, title III, § 307(i), Dec. 12, 1991, 105 Stat. 1756; Pub. L. 104–208, div. C, title III, § 308(d)(4)(B), Sept. 30, 1996, 110 Stat. 3009–617.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in introductory provisions, 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 1996—Pub. L. 104–208 substituted ‘‘removal’’ for ‘‘ex- clusion or deportation’’ in introductory provisions. 1991—Pars. (1) to (3). Pub. L. 102–232 substituted ‘‘sub- paragraphs (A) through (C) of section 1182(a)(3) of this title’’ for ‘‘paragraph (3) (other than subparagraph (E)) of section 1182(a) of this title’’. 1990—Pars. (1) to (3). Pub. L. 101–649 substituted ‘‘(3) (other than subparagraph (E))’’ for ‘‘(27)’’ in pars. (1) and (2), and ‘‘paragraph (3) (other than subparagraph (E))’’ for ‘‘paragraphs (27) and (29)’’ in par. (3). 1988—Par. (2). Pub. L. 100–525 substituted ‘‘docu- mentation’’ for ‘‘documentaion’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1996 AMENDMENT 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. 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 1990 AMENDMENT Amendment by Pub. L. 101–649 applicable to individ- uals entering United States on or after June 1, 1991, see section 601(e)(1) of Pub. L. 101–649, set out as a note under section 1101 of this title. DENIAL OF VISAS TO CERTAIN REPRESENTATIVES TO UNITED NATIONS Pub. L. 101–246, title IV, § 407, Feb. 16, 1990, 104 Stat. 67, as amended by Pub. L. 113–100, § 1, Apr. 18, 2014, 128 Stat. 1145, provided that: ‘‘(a) IN GENERAL.—The President shall use his author- ity, including the authorities contained in section 6 of the United Nations Headquarters Agreement Act (Pub- lic Law 80–357) [Aug. 4, 1947, ch. 482, set out as a note under 22 U.S.C. 287], to deny any individual’s admission to the United States as a representative to the United Nations if the President determines that such indi- vidual— ‘‘(1) has been found to have been engaged in espio- nage activities or a terrorist activity (as defined in section 212(a)(3)(B)(iii) of the Immigration and Na- tionality Act (8 U.S.C. 1182(a)(3)(B)(iii))) directed against the United States or its allies; and ‘‘(2) may pose a threat to United States national se- curity interests. ‘‘(b) WAIVER.—The President may waive the provi- sions of subsection (a) if the President determines, and so notifies the Congress, that such a waiver is in the national security interests of the United States.’’ § 1103. Powers and duties of the Secretary, the Under Secretary, and the Attorney General (a) Secretary of Homeland Security (1) The Secretary of Homeland Security shall be charged with the administration and enforce- ment of this chapter and all other laws relating to the immigration and naturalization of aliens, except insofar as this chapter or such laws re- late to the powers, functions, and duties con- ferred upon the President, Attorney General, the Secretary of State, the officers of the Depart- ment of State, or diplomatic or consular offi- cers: Provided, however, That determination and ruling by the Attorney General with respect to all questions of law shall be controlling. (2) He shall have control, direction, and super- vision of all employees and of all the files and records of the Service. (3) He shall establish such regulations; pre- scribe such forms of bond, reports, entries, and other papers; issue such instructions; and per- form such other acts as he deems necessary for carrying out his authority under the provisions of this chapter. (4) He may require or authorize any employee of the Service or the Department of Justice to perform or exercise any of the powers, privi- leges, or duties conferred or imposed by this chapter or regulations issued thereunder upon any other employee of the Service. (5) He shall have the power and duty to control and guard the boundaries and borders of the United States against the illegal entry of aliens and shall, in his discretion, appoint for that pur- pose such number of employees of the Service as to him shall appear necessary and proper. (6) He is authorized to confer or impose upon any employee of the United States, with the consent of the head of the Department or other independent establishment under whose jurisdic- tion the employee is serving, any of the powers, privileges, or duties conferred or imposed by this chapter or regulations issued thereunder upon officers or employees of the Service. (7) He may, with the concurrence of the Sec- retary of State, establish offices of the Service in foreign countries; and, after consultation with the Secretary of State, he may, whenever in his judgment such action may be necessary to accomplish the purposes of this chapter, detail employees of the Service for duty in foreign countries. (8) After consultation with the Secretary of State, the Attorney General may authorize offi- cers of a foreign country to be stationed at preclearance facilities in the United States for the purpose of ensuring that persons traveling from or through the United States to that for- eign country comply with that country’s immi- gration and related laws. (9) Those officers may exercise such authority and perform such duties as United States immi- gration officers are authorized to exercise and perform in that foreign country under reciprocal agreement, and they shall enjoy such reasonable privileges and immunities necessary for the per-