Section 287 g - 8 USC Sec. 1357
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8 USC Sec. 1357 - Section 287 g
(Source: Office of the Law Revision Counsel, U.S. House of Representatives)

-CITE-

8 USC Sec. 1357    (01/03/2007)

-EXPCITE-

TITLE 8 - ALIENS AND NATIONALITY

CHAPTER 12 - IMMIGRATION AND NATIONALITY

SUBCHAPTER II - IMMIGRATION

Part IX - Miscellaneous

-HEAD-

Sec. 1357. Powers of immigration officers and employees

-STATUTE-

(a) Powers without warrant

Any officer or employee of the Service authorized under

regulations prescribed by the Attorney General shall have power

without warrant -

(1) to interrogate any alien or person believed 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 regulation 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 violation of any

such law or regulation and is likely to escape before a warrant

can be obtained 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 external boundary of

the United States, to board and search for aliens any vessel

within the territorial 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 access 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 removal 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 commit 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 officer'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 committed or is

committing such a felony,

if the officer or employee is performing duties relating to the

enforcement of the immigration 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 General publishes final

regulations which (i) prescribe 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 employee 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 procedure regarding confidentiality

of matters related to internal investigations.

(b) Administration of oath; taking of evidence

Any officer or employee of the Service designated by the Attorney

General, whether individually 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 enforcement of this

chapter and the administration of the Service; and any person to

whom such oath has been administered, (or who has executed an

unsworn declaration, certificate, verification, or statement under

penalty of perjury 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 authorized 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 person seeking admission to the United

States, concerning 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

disclosed 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 officer or employee of

the Service authorized and designated by the Attorney General of

the arrest 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) of this section, 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 agricultural operation for the

purpose of interrogating 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 proceeding 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 subdivision of a State, pursuant to which an officer or

employee of the State or subdivision, who is determined by the

Attorney General to be qualified to perform a function of an

immigration officer in relation to the investigation, apprehension,

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 knowledge of,

and adhere to, Federal law relating to the function, and shall

contain a written certification 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 subsection, an officer or

employee of a State or political subdivision of a State shall be

subject to the direction and supervision of the Attorney General.

(4) In performing a function under this subsection, an officer or

employee of a State or political 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 authorized 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 General 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 officer or employee

of a State or political subdivision of a State performing functions

under this subsection shall not be treated as a Federal employee

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 political subdivision of

a State acting under color of authority under this subsection, or

any agreement entered into under this subsection, shall be

considered to be acting under color of Federal authority for

purposes of determining the liability, and immunity from suit, of

the officer or employee in a civil action brought under Federal or

State law.

(9) Nothing in this subsection shall be construed to require any

State or political subdivision of a State to enter into an

agreement with the Attorney General under this subsection.

(10) Nothing in this subsection shall be construed to require an

agreement under this subsection in order for any officer or

employee of a State or political subdivision of a State -

(A) to communicate with the Attorney General 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 Attorney General in the

identification, apprehension, detention, or removal of aliens not

lawfully 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, neglected, 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.

-SOURCE-

(June 27, 1952, ch. 477, title II, ch. 9, Sec. 287, 66 Stat. 233;

Pub. L. 94-550, Sec. 7, Oct. 18, 1976, 90 Stat. 2535; Pub. L. 99-

570, title I, Sec. 1751(d), Oct. 27, 1986, 100 Stat. 3207-47; Pub.

L. 99-603, title I, Sec. 116, Nov. 6, 1986, 100 Stat. 3384; Pub. L.

100-525, Secs. 2(e), 5, Oct. 24, 1988, 102 Stat. 2610, 2615; Pub.

L. 101-649, title V, Sec. 503(a), (b)(1), Nov. 29, 1990, 104 Stat.

5048, 5049; Pub. L. 102-232, title III, Sec. 306(a)(3), Dec. 12,

1991, 105 Stat. 1751; Pub. L. 104-208, div. C, title I, Sec. 133,

title III, Sec. 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, Sec. 826, Jan. 5, 2006, 119 Stat. 3065; Pub. L.

109-271, Sec. 6(g), Aug. 12, 2006, 120 Stat. 763.)

-MISC1-

AMENDMENTS

2006 - Subsecs. (h), (i). Pub. L. 109-271 redesignated subsec.

(i) as (h).

Subsec. (i). Pub. L. 109-162, which directed the amendment 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, Sec.

308(d)(4)(L)(i), substituted "expulsion, or removal" for "or

expulsion".

Subsec. (c). Pub. L. 104-208, Sec. 308(d)(4)(L)(ii), substituted

"denial of admission to" for "exclusion from".

Subsec. (f)(1). Pub. L. 104-208, Sec. 308(g)(5)(A)(i),

substituted "section 1229a" for "section 1252".

Subsec. (g). Pub. L. 104-208, Sec. 308(e)(1)(M), which directed

amendment of subsec. (g) by substituting "removal" for

"deportation" wherever appearing, could not be executed because the

word "deportation" did not appear in subsec. (g).

Pub. L. 104-208, Sec. 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, Sec. 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 admission, exclusion, or expulsion of

aliens." at end of par. (4), and added par. (5) and concluding

provisions.

Subsec. (f). Pub. L. 101-649, Sec. 503(b)(1), added subsec. (f).

1988 - Subsec. (d). Pub. L. 100-525, Sec. 5, added par. (3) and

closing provisions and struck out former par. (3) which read as

follows: "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."

Subsec. (e). Pub. L. 100-525, Sec. 2(e)(2), made technical

amendment to directory language of Pub. L. 99-603, Sec. 116, and

redesignated the subsec. (d) added by such Sec. 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, Sec.

2(e), added subsec. (e), which prior to amendment 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

subscribe under penalty of perjury as permitted under section 1746

of title 28)" after "give false evidence or swear".

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.

-TRANS-

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.

-End-


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