
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: 8USC1367]

 
                     TITLE 8--ALIENS AND NATIONALITY
 
                 CHAPTER 12--IMMIGRATION AND NATIONALITY
 
                       SUBCHAPTER II--IMMIGRATION
 
                         Part IX--Miscellaneous
 
Sec. 1367. Penalties for disclosure of information


(a) In general

    Except as provided in subsection (b) of this section, in no case may 
the Attorney General, or any other official or employee of the 
Department of Justice (including any bureau or agency of such 
Department)--
        (1) make an adverse determination of admissibility or 
    deportability of an alien under the Immigration and Nationality Act 
    [8 U.S.C. 1101 et seq.] using information furnished solely by--
            (A) a spouse or parent who has battered the alien or 
        subjected the alien to extreme cruelty,
            (B) a member of the spouse's or parent's family residing in 
        the same household as the alien who has battered the alien or 
        subjected the alien to extreme cruelty when the spouse or parent 
        consented to or acquiesced in such battery or cruelty,
            (C) a spouse or parent who has battered the alien's child or 
        subjected the alien's child to extreme cruelty (without the 
        active participation of the alien in the battery or extreme 
        cruelty),
            (D) a member of the spouse's or parent's family residing in 
        the same household as the alien who has battered the alien's 
        child or subjected the alien's child to extreme cruelty when the 
        spouse or parent consented to or acquiesced in such battery or 
        cruelty and the alien did not actively participate in such 
        battery or cruelty, or
            (E) in the case of an alien applying for status under 
        section 101(a)(15)(U) of the Immigration and Nationality Act [8 
        U.S.C. 1101(a)(15)(U)], the perpetrator of the substantial 
        physical or mental abuse and the criminal activity,

    unless the alien has been convicted of a crime or crimes listed in 
    section 241(a)(2) of the Immigration and Nationality Act [8 U.S.C. 
    1227(a)(2)]; or
        (2) permit use by or disclosure to anyone (other than a sworn 
    officer or employee of the Department, or bureau or agency thereof, 
    for legitimate Department, bureau, or agency purposes) of any 
    information which relates to an alien who is the beneficiary of an 
    application for relief under clause (iii) or (iv) of section 
    204(a)(1)(A), clause (ii) or (iii) of section 204(a)(1)(B), section 
    216(c)(4)(C), section 101(a)(15)(U), or section 240A(a)(3) \1\ of 
    such Act [8 U.S.C. 1154(a)(1)(A)(iii), (iv), (B)(ii), (iii), 
    1186a(c)(4)(C), 1101(a)(15)(U), 1229b(b)(2)] as an alien (or the 
    parent of a child) who has been battered or subjected to extreme 
    cruelty.
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    \1\ So in original. Probably should be section ``240A(b)(2)''.

The limitation under paragraph (2) ends when the application for relief 
is denied and all opportunities for appeal of the denial have been 
exhausted.

(b) Exceptions

    (1) The Attorney General may provide, in the Attorney General's 
discretion, for the disclosure of information in the same manner and 
circumstances as census information may be disclosed by the Secretary of 
Commerce under section 8 of title 13.
    (2) The Attorney General may provide in the discretion of the 
Attorney General for the disclosure of information to law enforcement 
officials to be used solely for a legitimate law enforcement purpose.
    (3) Subsection (a) of this section shall not be construed as 
preventing disclosure of information in connection with judicial review 
of a determination in a manner that protects the confidentiality of such 
information.
    (4) Subsection (a)(2) of this section shall not apply if all the 
battered individuals in the case are adults and they have all waived the 
restrictions of such subsection.
    (5) The Attorney General is authorized to disclose information, to 
Federal, State, and local public and private agencies providing 
benefits, to be used solely in making determinations of eligibility for 
benefits pursuant to section 1641(c) of this title.

(c) Penalties for violations

    Anyone who willfully uses, publishes, or permits information to be 
disclosed in violation of this section shall be subject to appropriate 
disciplinary action and subject to a civil money penalty of not more 
than $5,000 for each such violation.

(Pub. L. 104-208, div. C, title III, Secs. 308(g)(8)(D), 384, Sept. 30, 
1996, 110 Stat. 3009-624, 3009-652; Pub. L. 105-33, title V, 
Sec. 5572(b), Aug. 5, 1997, 111 Stat. 641; Pub. L. 106-386, div. B, 
title V, Sec. 1513(d), Oct. 28, 2000, 114 Stat. 1536.)

                       References in Text

    The Immigration and Nationality Act, referred to in subsec. (a)(1), 
is act June 27, 1952, ch. 477, 66 Stat. 163, as amended, 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.

                          Codification

    Section was enacted as part of the Illegal Immigration Reform and 
Immigrant Responsibility Act of 1996, and also as part of the Omnibus 
Consolidated Appropriations Act, 1997, and not as part of the 
Immigration and Nationality Act which comprises this chapter.
    Section is comprised of section 384 of div. C of Pub. L. 104-208. 
Subsec. (d) of section 384 of div. C of Pub. L. 104-208 amended sections 
1160 and 1255a of this title and enacted provisions set out as a note 
under section 1160 of this title.


                               Amendments

    2000--Subsec. (a)(1)(E). Pub. L. 106-386, Sec. 1513(d)(1)-(3), added 
subpar. (E).
    Subsec. (a)(2). Pub. L. 106-386, Sec. 1513(d)(4), inserted ``section 
101(a)(15)(U),'' after ``section 216(c)(4)(C),''.
    1997--Subsec. (b)(5). Pub. L. 105-33 added par. (5).
    1996--Subsec. (a)(2). Pub. L. 104-208, Sec. 308(g)(8)(D), which 
directed amendment of section 364(a)(2) of div. C of Pub. L. 104-208 by 
substituting ``240A(a)(3)'' for ``244(a)(3)'', was executed by making 
the substitution in subsec. (a)(2) of this section to reflect the 
probable intent of Congress. Div. C of Pub. L. 104-208 does not contain 
a section 364.


                    Effective Date of 1997 Amendment

    Section 5582 of title V of Pub. L. 105-33 provided that: ``Except as 
otherwise provided, the amendments made by this chapter [chapter 4 
(Secs. 5561-5582) of subtitle F of title V of Pub. L. 105-33, amending 
this section, sections 1611 to 1613, 1621, 1622, 1631, 1632, 1641 to 
1643, and 1645 of this title, and sections 608, 1383, and 1437y of Title 
42, The Public Health and Welfare] shall be effective as if included in 
the enactment of title IV of the Personal Responsibility and Work 
Opportunity Reconciliation Act of 1996 [Pub. L. 104-193].''


                    Effective Date of 1996 Amendment

    Amendment by section 308(g)(8)(D) 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.
