
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 8USC1357]

 
                     TITLE 8--ALIENS AND NATIONALITY
 
                 CHAPTER 12--IMMIGRATION AND NATIONALITY
 
                       SUBCHAPTER II--IMMIGRATION
 
                         Part IX--Miscellaneous
 
Sec. 1357. Powers of immigration officers and employees


(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.

(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.)


                               Amendments

    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.

                  Section Referred to in Other Sections

    This section is referred to in section 1304 of this title.
