§1364 — Title 8 Aliens and Nationality | U.S. Code

Summary

The President must send Congress a full report on immigration by January 1, 1989, and again by January 1 every three years after that. Each report must say how many people were admitted (like immediate relatives, special immigrants, refugees, preference categories, or nonimmigrants), paroled, or given asylum during the covered period; estimate how many entered without visas or became deportable under section 237 (8 U.S.C. 1227); and describe effects on the economy, labor and housing, schools, social services, foreign policy, the environment, population growth, and on States and local governments with heavy resettlement. The report must describe the previous three years and project the next five years using the best available evidence. The President may also include suggestions on changing numerical limits or other admission rules under title II of the Immigration and Nationality Act (8 U.S.C. 1151 et seq.).

Title 8, §1364

Aliens and Nationality — Source: USLM XML via OLRC

(a)The President shall transmit to the Congress, not later than January 1, 1989, and not later than January 1 of every third year thereafter, a comprehensive immigration-impact report.

(b)Each report shall include—

(1)the number and classification of aliens admitted (whether as immediate relatives, special immigrants, refugees, or under the preferences classifications, or as nonimmigrants), paroled, or granted asylum, during the relevant period;

(2)a reasonable estimate of the number of aliens who entered the United States during the period without visas or who became deportable during the period under section 237 of the Immigration and Nationality Act [8 U.S.C. 1227]; and

(3)a description of the impact of admissions and other entries of immigrants, refugees, asylees, and parolees into the United States during the period on the economy, labor and housing markets, the educational system, social services, foreign policy, environmental quality and resources, the rate, size, and distribution of population growth in the United States, and the impact on specific States and local units of government of high rates of immigration resettlement.

(c)The information (referred to in subsection (b)) contained in each report shall be—

(1)described for the preceding three-year period, and

(2)projected for the succeeding five-year period, based on reasonable estimates substantiated by the best available evidence.

(d)The President also may include in such report any appropriate recommendations on changes in numerical limitations or other policies under title II of the Immigration and Nationality Act [8 U.S.C. 1151 et seq.] bearing on the admission and entry of such aliens to the United States.

Notes & Related Subsidiaries

Editorial Notes

References in Text

The Immigration and Nationality Act, referred to in subsec. (d), is act June 27, 1952, ch. 477, 66 Stat. 163. Title II of the Act is classified principally to subchapter II (§ 1151 et seq.) of 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 Immigration Reform and Control Act of 1986, and not as part of the Immigration and Nationality Act which comprises this chapter.

Amendments

1996—Subsec. (b)(2). Pub. L. 104–208 substituted “section 237” for “section 241”.

Statutory Notes and Related Subsidiaries

Effective Date

of 1996 AmendmentAmendment by 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.

Executive Documents

Ex. Ord. No. 12789. Delegation of Reporting Functions Under the Immigration Reform and Control Act of 1986 Ex. Ord. No. 12789, Feb. 10, 1992, 57 F.R. 5225, as amended by Ex. Ord. No. 13286, § 32, Feb. 28, 2003, 68 F.R. 10625, provided: By the authority vested in me as President by the Constitution and laws of the United States of America, including section 301 of title 3, United States Code, and title IV of the Immigration Reform and Control Act of 1986, Public Law 99–603 (“Reform Act”) [title IV of Pub. L. 99–603, Nov. 6, 1986, 100 Stat. 3440, which enacted section 1364 of this title and provisions set out as notes under section 1101, 1187, 1188, 1255a, and 1324a of this title], it is hereby ordered as follows: section 1. The Secretary of Homeland Security shall: (a) perform, in coordination with the Secretary of Labor, the functions vested in the President by section 401 of the Reform Act (8 U.S.C. 1364); (b) perform, except for the functions in section 402(3)(A), the functions vested in the President by section 402 of the Reform Act (8 U.S.C. 1324a note); and (c) perform, insofar as they relate to the initial report described in section 404(b), the functions vested in the President by section 404 of the Reform Act (8 U.S.C. 1255a note). Sec. 2. The Secretary of Labor shall: (a) perform the functions vested in the President by section 402(3)(A) of the Reform Act (8 U.S.C. 1324a note); (b) perform the functions vested in the President by section 403 of the Reform Act (8 U.S.C. 1188 note); and (c) perform, insofar as they relate to the second report described in section 404(c), the functions vested in the President by section 404 of the Reform Act (8 U.S.C. 1255a note). Sec. 3. The functions delegated by section 1 and 2 of this order shall be performed in accordance with the procedures set forth in OMB Circular A–19. Sec. 4. This order shall be effective immediately. George Bush.

§1364 Triennial comprehensive report on immigration