8 U.S.C. § 1373 — Untitled legal text

Page 464 TITLE 8—ALIENS AND NATIONALITY § 1373 Subsec. (d)(1)(A). Pub. L. 107–56, § 416(c)(2), inserted ‘‘, or other approved educational institution,’’ after ‘‘higher education’’. Subsec. (d)(2). Pub. L. 107–56, § 416(c)(3), inserted ‘‘, other approved educational institution,’’ after ‘‘higher education’’. Subsec. (e)(1), (2). Pub. L. 107–56, § 416(c)(3), which di- rected insertion of ‘‘, other approved educational insti- tution,’’ after ‘‘higher education’’ in pars. (1) and (2), could not be executed because the words ‘‘higher edu- cation’’ did not appear. See 2000 Amendment notes below. Subsec. (h)(3). Pub. L. 107–56, § 416(c)(4), added par. (3). 2000—Subsec. (d)(1). Pub. L. 106–396, § 406(2), inserted ‘‘institutions of higher education or exchange visitor programs’’ after ‘‘by’’ in introductory provisions. Subsec. (e)(1). Pub. L. 106–396, § 404(1), in introductory provisions, substituted ‘‘the Attorney General’’ for ‘‘an approved institution of higher education and a des- ignated exchange visitor program’’ and ‘‘a time prior to the alien being classified under subparagraph (F), (J), or (M) of section 1101(a)(15) of this title.’’ for ‘‘the time— ‘‘(A) when the alien first registers with the institu- tion or program after entering the United States; or ‘‘(B) in a case where a registration under subpara- graph (A) does not exist, when the alien first com- mences activities in the United States with the insti- tution or program.’’ Subsec. (e)(2). Pub. L. 106–396, § 404(2), amended head- ing and text of par. (2) generally. Prior to amendment, text read as follows: ‘‘An approved institution of higher education and a designated exchange visitor program shall remit the fees collected under paragraph (1) to the Attorney General pursuant to a schedule established by the Attorney General.’’ Subsec. (e)(3). Pub. L. 106–396, § 404(3), substituted ‘‘alien who seeks’’ for ‘‘alien who has’’ and ‘‘who seeks to come’’ for ‘‘who has come’’. Subsec. (e)(4)(A). Pub. L. 106–553 inserted before pe- riod at end of second sentence ‘‘, except that, in the case of an alien admitted under section 1101(a)(15)(J) of this title as an au pair, camp counselor, or participant in a summer work travel program, the fee shall not ex- ceed $35’’ without reference to amendment made by Pub. L. 106–396, § 404(4)(A). See below. Pub. L. 106–396, § 404(4)(A), inserted before period at end of second sentence ‘‘, except that, in the case of an alien admitted under section 1101(a)(15)(J) of this title as an au pair, camp counselor, or participant in a sum- mer work travel program, the fee shall not exceed $40’’. See amendment note above. Subsec. (e)(4)(B). Pub. L. 106–396, § 404(4)(B), inserted at end ‘‘Such expenses include, but are not necessarily limited to, those incurred by the Secretary of State in connection with the program under subsection (a).’’ Subsec. (e)(5), (6). Pub. L. 106–396, § 404(5), added pars. (5) and (6). Subsec. (g)(1). Pub. L. 106–396, § 405, amended heading and text of par. (1) generally. Prior to amendment, text read as follows: ‘‘(A) IN GENERAL.—Not later than 6 months after the submission of the report required by subsection (f) of this section, the Attorney General, in consultation with the Secretary of State and the Secretary of Edu- cation, shall commence expansion of the program to cover the nationals of all countries. ‘‘(B) DEADLINE.—Such expansion shall be completed not later than 1 year after the date of the submission of the report referred to in subsection (f) of this sec- tion.’’ Subsec. (h)(2)(A). Pub. L. 106–396, § 406(1), substituted ‘‘Secretary of State’’ for ‘‘Director of the United States Information Agency’’. Statutory Notes and Related Subsidiaries 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. FOREIGN STUDENT MONITORING PROGRAM Pub. L. 107–56, title IV, § 416(a), (b), Oct. 26, 2001, 115 Stat. 354, provided that: ‘‘(a) FULL IMPLEMENTATION AND EXPANSION OF FOR- EIGN STUDENT VISA MONITORING PROGRAM REQUIRED.— The Attorney General, in consultation with the Sec- retary of State, shall fully implement and expand the program established by section 641(a) of the Illegal Im- migration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1372(a)). ‘‘(b) INTEGRATION WITH PORT OF ENTRY INFORMA- TION.—For each alien with respect to whom informa- tion is collected under section 641 of the Illegal Immi- gration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1372), the Attorney General, in consulta- tion with the Secretary of State, shall include informa- tion on the date of entry and port of entry.’’ § 1373. Communication between government agencies and the Immigration and Natu- ralization Service (a) In general Notwithstanding any other provision of Fed- eral, State, or local law, a Federal, State, or local government entity or official may not pro- hibit, or in any way restrict, any government entity or official from sending to, or receiving from, the Immigration and Naturalization Serv- ice information regarding the citizenship or im- migration status, lawful or unlawful, of any in- dividual. (b) Additional authority of government entities Notwithstanding any other provision of Fed- eral, State, or local law, no person or agency may prohibit, or in any way restrict, a Federal, State, or local government entity from doing any of the following with respect to information regarding the immigration status, lawful or un- lawful, of any individual: (1) Sending such information to, or request- ing or receiving such information from, the Immigration and Naturalization Service. (2) Maintaining such information. (3) Exchanging such information with any other Federal, State, or local government en- tity. (c) Obligation to respond to inquiries The Immigration and Naturalization Service shall respond to an inquiry by a Federal, State, or local government agency, seeking to verify or ascertain the citizenship or immigration status of any individual within the jurisdiction of the agency for any purpose authorized by law, by providing the requested verification or status information. (Pub. L. 104–208, div. C, title VI, § 642, Sept. 30, 1996, 110 Stat. 3009–707.) Editorial Notes CODIFICATION Section was enacted as part of the Illegal Immigra- tion Reform and Immigrant Responsibility Act of 1996, and also as part of the Omnibus Consolidated Appro- priations Act, 1997, and not as part of the Immigration and Nationality Act which comprises this chapter. Page 465 TITLE 8—ALIENS AND NATIONALITY § 1375a Statutory Notes and Related Subsidiaries 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. § 1374. Information regarding female genital mu- tilation (a) Provision of information regarding female genital mutilation The Immigration and Naturalization Service (in cooperation with the Department of State) shall make available for all aliens who are issued immigrant or nonimmigrant visas, prior to or at the time of entry into the United States, the following information: (1) Information on the severe harm to phys- ical and psychological health caused by female genital mutilation which is compiled and pre- sented in a manner which is limited to the practice itself and respectful to the cultural values of the societies in which such practice takes place. (2) Information concerning potential legal consequences in the United States for (A) per- forming female genital mutilation, or (B) al- lowing a child under his or her care to be sub- jected to female genital mutilation, under criminal or child protection statutes or as a form of child abuse. (b) Limitation In consultation with the Secretary of State, the Commissioner of Immigration and Natu- ralization shall identify those countries in which female genital mutilation is commonly practiced and, to the extent practicable, limit the provision of information under subsection (a) to aliens from such countries. (c) ‘‘Female genital mutilation’’ defined For purposes of this section, the term ‘‘female genital mutilation’’ means the removal or infibulation (or both) of the whole or part of the clitoris, the labia minora, or labia majora. (Pub. L. 104–208, div. C, title VI, § 644, Sept. 30, 1996, 110 Stat. 3009–708.) Editorial Notes CODIFICATION Section was enacted as part of the Illegal Immigra- tion Reform and Immigrant Responsibility Act of 1996, and also as part of the Omnibus Consolidated Appro- priations Act, 1997, and not as part of the Immigration and Nationality Act which comprises this chapter. Statutory Notes and Related Subsidiaries 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. § 1375. Repealed. Pub. L. 109–162, title VIII, § 833(g), Jan. 5, 2006, 119 Stat. 3077 Section, Pub. L. 104–208, div. C, title VI, § 652, Sept. 30, 1996, 110 Stat. 3009–712, related to mail-order bride busi- ness. § 1375a. Domestic violence information and re- sources for immigrants and regulation of international marriage brokers (a) Information for K nonimmigrants on legal rights and resources for immigrant victims of domestic violence (1) In general The Secretary of Homeland Security, in con- sultation with the Attorney General and the Secretary of State, shall develop an informa- tion pamphlet, as described in paragraph (2), on legal rights and resources for immigrant victims of domestic violence and distribute and make such pamphlet available as de- scribed in paragraph (5). In preparing such ma- terials, the Secretary of Homeland Security shall consult with nongovernmental organiza- tions with expertise on the legal rights of im- migrant victims of battery, extreme cruelty, sexual assault, and other crimes. (2) Information pamphlet The information pamphlet developed under paragraph (1) shall include information on the following: (A) The K nonimmigrant visa application process and the marriage-based immigration process, including conditional residence and adjustment of status. (B) The illegality of domestic violence, sexual assault, and child abuse in the United States and the dynamics of domestic vio- lence. (C) Domestic violence and sexual assault services in the United States, including the National Domestic Violence Hotline and the National Sexual Assault Hotline. (D) The legal rights of immigrant victims of abuse and other crimes in immigration, criminal justice, family law, and other mat- ters, including access to protection orders. (E) The obligations of parents to provide child support for children. (F) Marriage fraud under United States immigration laws and the penalties for com- mitting such fraud. (G) A warning concerning the potential use of K nonimmigrant visas by United States citizens who have a history of committing domestic violence, sexual assault, child abuse, or other crimes and an explanation that such acts may not have resulted in a criminal record for such a citizen. (H) Notification of the requirement under subsection (d)(3)(A) that international mar- riage brokers provide foreign national cli- ents with background information gathered on United States clients from searches of the National Sex Offender Public Website and collected from United States clients re- garding their marital history and domestic violence or other violent criminal history, but that such information may not be com- plete or accurate because the United States client may not have a criminal record or may not have truthfully reported their mar- ital or criminal record. (3) Summaries The Secretary of Homeland Security, in con- sultation with the Attorney General and the