US Codex
U.S.C.
Notes

§1701. Definitions — Inbound Citations

8 U.S.C. § 1701

Cited by 73 provisions in release 119-102.

Citations to 8 U.S.C. § 1701 as a whole

Citations to §1701(1)

  • 8 U.S.C. § 1712(a)(2)
    Go to provision →
    (2) Federal agencies involved in border security may waive all or part of enrollment fees for technology-based programs to encourage participation by United States citizens and aliens in such programs. Any agency that waives any part of any such fee may establish its fees for other services at a level that will ensure the recovery from other users of the amounts waived.
  • 8 U.S.C. § 1716(2)(C)
    Go to provision →
    (C) Detection and interdiction of illicit substances and aliens who have unlawfully entered the United States and have committed a crime under Federal, State, or local law, and transfer or referral of such aliens to the Department of Homeland Security as provided by law.
  • 8 U.S.C. § 1716(2)(D)
    Go to provision →
    (D) Relocation of aliens who are unlawfully present in the United States from small population centers to other domestic locations.
  • 8 U.S.C. § 1721(a)
    Go to provision →
    (a) Until the plan required by subsection (c) is implemented, Federal law enforcement agencies and the intelligence community shall, to the maximum extent practicable, share any information with the Department of State and the Immigration and Naturalization Service relevant to the admissibility and deportability of aliens, consistent with the plan described in subsection (c).
  • 8 U.S.C. § 1721(b)(1)
    Go to provision →
    (1) Not later than 120 days after May 14, 2002, the President shall submit to the appropriate committees of Congress a report identifying Federal law enforcement and the intelligence community information needed by the Department of State to screen visa applicants, or by the Immigration and Naturalization Service to screen applicants for admission to the United States, and to identify those aliens inadmissible or deportable under the Immigration and Nationality Act [8 U.S.C. 1101 et seq.].
  • 8 U.S.C. § 1721(c)(3)(B)
    Go to provision →
    (B) to ensure that such information is used solely to determine whether to issue a visa to an alien or to determine the admissibility or deportability of an alien to the United States, except as otherwise authorized under Federal law;
  • 8 U.S.C. § 1722(a)(1)
    Go to provision →
    (1) The Immigration and Naturalization Service shall fully integrate all databases and data systems maintained by the Service that process or contain information on aliens. The fully integrated data system shall be an interoperable component of the electronic data system described in paragraph (2).
  • 8 U.S.C. § 1722(a)(2)
    Go to provision →
    (2) Upon the date of commencement of implementation of the plan required by section 1721(c) of this title, the President shall develop and implement an interoperable electronic data system to provide current and immediate access to information in databases of Federal law enforcement agencies and the intelligence community that is relevant to determine whether to issue a visa or to determine the admissibility or deportability of an alien (also known as the “Chimera system”).
  • 8 U.S.C. § 1722(a)(5)(B)
    Go to provision →
    (B) to any Federal official responsible for determining an alien’s admissibility to or deportability from the United States; and
  • 8 U.S.C. § 1722(a)(5)(C)
    Go to provision →
    (C) to any Federal law enforcement or intelligence officer determined by regulation to be responsible for the investigation or identification of aliens.
  • 8 U.S.C. § 1722(b)(3)
    Go to provision →
    (3) The Secretary of State and the Attorney General shall jointly prescribe procedures to ensure that consular and immigration officers can, as required, obtain assistance in resolving identity and other questions that may arise about the names of aliens seeking visas or admission to the United States that may be subject to variations in format, transliteration, or other similar phenomenon.
  • 8 U.S.C. § 1731(a)(2)
    Go to provision →
    (2) establish a database containing the arrival and departure data from machine-readable visas, passports, and other travel and entry documents possessed by aliens; and
  • 8 U.S.C. § 1732(b)(1)
    Go to provision →
    (1) Not later than October 26, 2004, the Attorney General and the Secretary of State shall issue to aliens only machine-readable, tamper-resistant visas and other travel and entry documents that use biometric identifiers. The Attorney General and the Secretary of State shall jointly establish document authentication standards and biometric identifiers standards to be employed on such visas and other travel and entry documents from among those biometric identifiers recognized by domestic and international standards organizations.
  • 8 U.S.C. § 1732(b)(2)(A)
    Go to provision →
    (A) Not later than October 26, 2005, the Attorney General, in consultation with the Secretary of State, shall install at all ports of entry of the United States equipment and software to allow biometric comparison and authentication of all United States visas and other travel and entry documents issued to aliens, and passports issued pursuant to subsection (c)(1).
  • 8 U.S.C. § 1734(a)
    Go to provision →
    (a) The Secretary of State shall require that all consular officers responsible for adjudicating visa applications, before undertaking to perform consular responsibilities, receive specialized training in the effective screening of visa applicants who pose a potential threat to the safety or security of the United States. Such officers shall be specially and extensively trained in the identification of aliens inadmissible under section 1182(a)(3)(A) and (B) of this title, interagency and international intelligence sharing regarding terrorists and terrorism, and cultural-sensitivity toward visa applicants. In accordance with section 1776 of this title, and as part of the consular training provided to such officers by the Secretary of State, such officers shall also receive training in detecting fraudulent documents and general document forensics and shall be required as part of such training to work with immigration officers conducting inspections of applicants for admission into the United States at ports of entry.
  • 8 U.S.C. § 1735(a)
    Go to provision →
    (a) No nonimmigrant visa under section 1101(a)(15) of this title shall be issued to any alien from a country that is a state sponsor of international terrorism unless the Secretary of State determines, in consultation with the Attorney General and the heads of other appropriate United States agencies, that such alien does not pose a threat to the safety or national security of the United States. In making a determination under this subsection, the Secretary of State shall apply standards developed by the Secretary of State, in consultation with the Attorney General and the heads of other appropriate United States agencies, that are applicable to the nationals of such states.
  • 8 U.S.C. § 1736
    Go to provision →
    Prior to the admission of an alien under the visa waiver program established under section 1187 of this title, the Immigration and Naturalization Service shall determine that the applicant for admission does not appear in any of the appropriate lookout databases available to immigration inspectors at the time the alien seeks admission to the United States.
  • 8 U.S.C. § 1737(b)
    Go to provision →
    (b) Until such time as the law enforcement and intelligence data system described in section 1722 of this title is fully implemented, the Attorney General shall enter the data described in subsection (a) into an existing data system being used to determine the admissibility or deportability of aliens.
  • 8 U.S.C. § 1738
    Go to provision →
    Not later than 180 days after May 14, 2002, the Attorney General shall ensure that, immediately upon the arrival in the United States of an individual admitted under section 1157 of this title, or immediately upon an alien being granted asylum under section 1158 of this title, the alien will be issued an employment authorization document. Such document shall, at a minimum, contain the fingerprint and photograph of such alien.
  • 8 U.S.C. § 1761(b)
    Go to provision →
    (b) Prior to the issuance of a visa under subparagraph (F), subparagraph (M), or, with respect to an alien seeking to attend an approved institution of higher education, subparagraph (J) of section 1101(a)(15) of this title, each alien applying for such visa shall provide to a consular officer the following information:
    (1) The alien’s address in the country of origin.
    (2) The names and addresses of the alien’s spouse, children, parents, and siblings.
    (3) The names of contacts of the alien in the alien’s country of residence who could verify information about the alien.
    (4) Previous work history, if any, including the names and addresses of employers.
  • 8 U.S.C. § 1761(b)(1)
    Go to provision →
    (1) The alien’s address in the country of origin.
  • 8 U.S.C. § 1761(b)(2)
    Go to provision →
    (2) The names and addresses of the alien’s spouse, children, parents, and siblings.
  • 8 U.S.C. § 1761(b)(3)
    Go to provision →
    (3) The names of contacts of the alien in the alien’s country of residence who could verify information about the alien.
  • 8 U.S.C. § 1761(c)(1)(A)
    Go to provision →
    (A) A visa may not be issued to an alien under subparagraph (F), subparagraph (M), or, with respect to an alien seeking to attend an approved institution of higher education, subparagraph (J) of section 1101(a)(15) of this title, unless—
    (i) the Department of State has received from an approved institution of higher education or other approved educational institution electronic evidence of documentation of the alien’s acceptance at that institution; and
    (ii) the consular officer has adequately reviewed the applicant’s visa record.
  • 8 U.S.C. § 1761(c)(1)(A)(i)
    Go to provision →
    (i) the Department of State has received from an approved institution of higher education or other approved educational institution electronic evidence of documentation of the alien’s acceptance at that institution; and
  • 8 U.S.C. § 1761(c)(1)(B)
    Go to provision →
    (B) Upon the issuance of a visa under section 1101(a)(15)(F) or (M) of this title to an alien, the Secretary of State shall transmit to the Immigration and Naturalization Service a notification of the issuance of that visa.
  • 8 U.S.C. § 1761(c)(1)(C)
    Go to provision →
    (C) The Immigration and Naturalization Service shall notify the approved institution of higher education or other approved educational institution that an alien accepted for such institution or program has been admitted to the United States.
  • 8 U.S.C. § 1761(c)(1)(D)
    Go to provision →
    (D) Not later than 30 days after the deadline for registering for classes for an academic term, the approved institution of higher education or other approved educational institution shall inform the Immigration and Naturalization Service through data-sharing arrangements of any failure of any alien described in subparagraph (C) to enroll or to commence participation.
  • 8 U.S.C. § 1771(a)(1)
    Go to provision →
    (1) The Comptroller General of the United States shall conduct a study to determine the feasibility and utility of implementing a requirement that each nonimmigrant alien in the United States submit to the Commissioner of Immigration and Naturalization each year a current address and, where applicable, the name and address of an employer.
  • 8 U.S.C. § 1771(a)(2)
    Go to provision →
    (2) In paragraph (1), the term “nonimmigrant alien” means an alien described in section 1101(a)(15) of this title.
  • 8 U.S.C. § 1772(a)(1)
    Go to provision →
    (1) facilitates real-time access to that country’s law enforcement and intelligence information that is needed by the Department of State and the Immigration and Naturalization Service to screen visa applicants and applicants for admission into the United States to identify aliens who are inadmissible or deportable under the Immigration and Nationality Act (8 U.S.C. 1101 et seq.);
  • 8 U.S.C. § 1773
    Go to provision →
    Nothing in this chapter shall be construed to impose requirements that are inconsistent with the USMCA (as defined in section 4502 of title 19) or to require additional documents for aliens for whom documentary requirements are waived under section 1182(d)(4)(B) of this title.
  • 8 U.S.C. § 1774(a)
    Go to provision →
    (a) Not later than January 15 of each year, the Attorney General shall submit to the appropriate committees of Congress a report on the total number of aliens who, during the preceding year, failed to attend a removal proceeding after having been arrested outside a port of entry, served a notice to appear under section 1229(a)(1) of this title, and released on the alien’s own recognizance. The report shall also take into account the number of cases in which there were defects in notices of hearing or the service of notices of hearing, together with a description and analysis of the effects, if any, that the defects had on the attendance of aliens at the proceedings.

Citations to §1701(2)

Citations to §1701(3)

Citations to §1701(4)

Citations to §1701(5)

Citations to §1701(6)

  • 8 U.S.C. § 1721(b)(1)
    Go to provision →
    (1) Not later than 120 days after May 14, 2002, the President shall submit to the appropriate committees of Congress a report identifying Federal law enforcement and the intelligence community information needed by the Department of State to screen visa applicants, or by the Immigration and Naturalization Service to screen applicants for admission to the United States, and to identify those aliens inadmissible or deportable under the Immigration and Nationality Act [8 U.S.C. 1101 et seq.].
  • 8 U.S.C. § 1721(c)(1)
    Go to provision →
    (1) Not later than one year after October 26, 2001, the President shall develop and implement a plan based on the findings of the report under subsection (b) that requires Federal law enforcement agencies and the intelligence community to provide to the Department of State and the Immigration and Naturalization Service all information identified in that report as expeditiously as practicable.
  • 8 U.S.C. § 1721(c)(2)
    Go to provision →
    (2) In the preparation and implementation of the plan under this subsection, the President shall consult with the appropriate committees of Congress.
  • 8 U.S.C. § 1722(a)(2)
    Go to provision →
    (2) Upon the date of commencement of implementation of the plan required by section 1721(c) of this title, the President shall develop and implement an interoperable electronic data system to provide current and immediate access to information in databases of Federal law enforcement agencies and the intelligence community that is relevant to determine whether to issue a visa or to determine the admissibility or deportability of an alien (also known as the “Chimera system”).
  • 8 U.S.C. § 1722(a)(3)
    Go to provision →
    (3) In the development and implementation of the data system under this subsection, the President shall consult with the Director of the National Institute of Standards and Technology (NIST) and any such other agency as may be deemed appropriate.
  • 8 U.S.C. § 1722(a)(6)
    Go to provision →
    (6) The President shall, in accordance with applicable Federal laws, establish procedures to restrict access to intelligence information in the data system under this subsection, and the databases referred to in paragraph (2), under circumstances in which such information is not to be disclosed directly to Government officials under paragraph (5).
  • 8 U.S.C. § 1722(b)(4)
    Go to provision →
    (4) Six months after May 14, 2002, the President shall submit a report to the appropriate committees of Congress on the progress in implementing each requirement of this section.
  • 8 U.S.C. § 1723(a)
    Go to provision →
    (a) Not later than one year after October 26, 2001, the President shall establish a Commission on Interoperable Data Sharing (in this section referred to as the “Commission”). The purposes of the Commission shall be to—
    (1) monitor the protections described in section 1721(c)(3) of this title;
    (2) provide oversight of the interoperable electronic data system described in section 1722 of this title; and
    (3) report to Congress annually on the Commission’s findings and recommendations.
  • 8 U.S.C. § 1723(b)
    Go to provision →
    (b) The Commission shall consist of nine members, who shall be appointed by the President, as follows:
    (1) One member, who shall serve as Chair of the Commission.
    (2) Eight members, who shall be appointed from a list of nominees jointly provided by the Speaker of the House of Representatives, the Minority Leader of the House of Representatives, the Majority Leader of the Senate, and the Minority Leader of the Senate.
  • 8 U.S.C. § 1734(b)
    Go to provision →
    (b) As an ongoing component of the training required in subsection (a), the Secretary of State shall coordinate with the Assistant to the President for Homeland Security, Federal law enforcement agencies, and the intelligence community to compile and disseminate to the Bureau of Consular Affairs reports, bulletins, updates, and other current unclassified information relevant to terrorists and terrorism and to screening visa applicants who pose a potential threat to the safety or security of the United States.
  • 8 U.S.C. § 1751(a)
    Go to provision →
    (a) The President shall conduct a study of the feasibility of establishing a North American National Security Program to enhance the mutual security and safety of the United States, Canada, and Mexico.
  • 8 U.S.C. § 1751(b)
    Go to provision →
    (b) In conducting the study required by subsection (a), the President shall consider the following:
    (1) The feasibility of establishing a program enabling foreign national travelers to the United States to submit voluntarily to a preclearance procedure established by the Department of State and the Immigration and Naturalization Service to determine whether such travelers are admissible to the United States under section 1182 of this title. Consideration shall be given to the feasibility of expanding the preclearance program to include the preclearance both of foreign nationals traveling to Canada and foreign nationals traveling to Mexico.
    (2) The feasibility of expanding preinspection facilities at foreign airports as described in section 1225a of this title. Consideration shall be given to the feasibility of expanding preinspections to foreign nationals on air flights destined for Canada and Mexico, and the cross training and funding of inspectors from Canada and Mexico.
    (3) A determination of the measures necessary to ensure that the conditions required by section 1225a(a)(5) of this title are satisfied, including consultation with experts recognized for their expertise regarding the conditions required by that section.
  • 8 U.S.C. § 1751(c)
    Go to provision →
    (c) Not later than 1 year after May 14, 2002, the President shall submit to the appropriate committees of Congress a report setting forth the findings of the study conducted under subsection (a).
  • 8 U.S.C. § 1772(a)
    Go to provision →
    (a) The Secretary of State and the Commissioner of Immigration and Naturalization, in consultation with the Assistant to the President for Homeland Security, shall jointly conduct a study of the alternative approaches (including the costs of, and procedures necessary for, each alternative approach) for encouraging or requiring Canada, Mexico, and countries treated as visa waiver program countries under section 217 of the Immigration and Nationality Act [8 U.S.C. 1187] to develop an intergovernmental network of interoperable electronic data systems that—
    (1) facilitates real-time access to that country’s law enforcement and intelligence information that is needed by the Department of State and the Immigration and Naturalization Service to screen visa applicants and applicants for admission into the United States to identify aliens who are inadmissible or deportable under the Immigration and Nationality Act (8 U.S.C. 1101 et seq.);
    (2) is interoperable with the electronic data system implemented under section 1722 of this title; and
    (3) performs in accordance with implementation of the technology standard referred to in section 1722(a) of this title.
  • 8 U.S.C. § 1777(c)
    Go to provision →
    (c) In addition to such other responsibilities as the President may assign, the Center shall—
    (1) serve as the focal point for interagency efforts to integrate and disseminate intelligence and information related to terrorist travel;
    (2) serve as a clearinghouse with respect to all relevant information from all Federal Government agencies in support of the United States strategy to prevent separate, but related, issues of clandestine terrorist travel and facilitation of migrant smuggling and trafficking of persons;
    (3) ensure cooperation among all relevant policy, law enforcement, diplomatic, and intelligence agencies of the Federal Government to improve effectiveness and to convert all information available to the Federal Government relating to clandestine terrorist travel and facilitation, migrant smuggling, and trafficking of persons into tactical, operational, and strategic intelligence that can be used to combat such illegal activities; and
    (4) prepare and submit to Congress, on an annual basis, a strategic assessment regarding vulnerabilities in the United States and foreign travel system that may be exploited by international terrorists, human smugglers and traffickers, and their facilitators.
  • 8 U.S.C. § 1777(g)(1)
    Go to provision →
    (1) Not later than 180 days after December 17, 2004, the President shall transmit to Congress a report regarding the implementation of this section, including a description of the staffing and resource needs of the Center.
  • 8 U.S.C. § 1777(g)(2)
    Go to provision →
    (2) Not later than 180 days after August 3, 2007, the President shall transmit to Congress a report regarding the operation of the Center and the activities carried out by the Center, including a description of—
    (A) the roles and responsibilities of each agency or department that is participating in the Center;
    (B) the mechanisms used to share information among each such agency or department;
    (C) the personnel provided to the Center by each such agency or department;
    (D) the type of information and reports being disseminated by the Center;
    (E) any efforts by the Center to create a centralized Federal Government database to store information related to unlawful travel of foreign nationals, including a description of any such database and of the manner in which information utilized in such a database would be collected, stored, and shared;
    (F) how each agency and department shall utilize its resources to ensure that the Center uses intelligence to focus and drive its efforts;
    (G) efforts to consolidate networked systems for the Center;
    (H) the mechanisms for the sharing of homeland security information from the Center to the Office of Intelligence and Analysis, including how such sharing shall be consistent with section 485(b) of title 6;
    (I) the ability of participating personnel in the Center to freely access necessary databases and share information regarding issues related to human smuggling, trafficking in persons, and terrorist travel;
    (J) how the assignment of personnel to the Center is incorporated into the civil service career path of such personnel; and
    (K) cooperation and coordination efforts, including any memorandums of understanding, among participating agencies and departments regarding issues related to human smuggling, trafficking in persons, and terrorist travel.

Citations to §1701(7)

  • 8 U.S.C. § 1711(a)(1)
    Go to provision →
    (1) Subject to the availability of appropriations, during each of the fiscal years 2003 through 2006, the Attorney General shall increase the number of inspectors and associated support staff in the Immigration and Naturalization Service by the equivalent of at least 200 full-time employees over the number of inspectors and associated support staff in the Immigration and Naturalization Service authorized by the USA PATRIOT Act.
  • 8 U.S.C. § 1711(a)(2)
    Go to provision →
    (2) Subject to the availability of appropriations, during each of the fiscal years 2003 through 2006, the Attorney General shall increase the number of investigative and associated support staff of the Immigration and Naturalization Service by the equivalent of at least 200 full-time employees over the number of investigators and associated support staff in the Immigration and Naturalization Service authorized by the USA PATRIOT Act.