Title 8Aliens and NationalityRelease 119-73

§1377a Report on aliens determined to have credible or reasonable fear of persecution or torture

Title 8 › Chapter CHAPTER 12— - IMMIGRATION AND NATIONALITY › Subchapter SUBCHAPTER II— - IMMIGRATION › Part Part IX— - Miscellaneous › § 1377a

Last updated Apr 6, 2026|Official source

Summary

The Director of U.S. Citizenship and Immigration Services must, no later than 30 days after December 20, 2019 and then updated semimonthly, post on a public website (downloadable, searchable, and sortable) at least the prior 12 months of twice‑monthly data showing how many noncitizens were found to have a credible or reasonable fear of persecution or of torture, and how many related cases were received and closed. The report must break the data down by claims from people detained at ICE family residential centers, by the legal or administrative unit that reviewed each claim, and by the job category of the staff who reviewed it.

Full Legal Text

Title 8, §1377a

Aliens and Nationality — Source: USLM XML via OLRC

(a)Not later than 30 days after December 20, 2019, and updated semimonthly thereafter, the Director of U.S. Citizenship and Immigration Services shall make available, on a publicly accessible website in a downloadable, searchable, and sortable format, a report containing not less than the previous twelve months of semimonthly data on—
(1)the number of aliens determined to have a credible or reasonable fear of—
(A)persecution, as defined in section 1225(b)(1)(B)(v) of this title; or
(B)torture, as defined in section 208.30 of title 8, Code of Federal Regulations (as in effect on January 1, 2018);
(2)the total number of cases received by U.S. Citizenship and Immigration Services to adjudicate credible or reasonable fear claims, as described in paragraph (1), and the total number of cases closed.
(b)Such report shall also disaggregate the data described in subsection (a) with respect to the following subsets—
(1)claims submitted by aliens detained at a U.S. Immigration and Customs Enforcement family residential center;
(2)claims submitted by aliens organized by each subdivision of legal or administrative authority under which claims are reviewed; and
(3)the job series of the personnel reviewing the claims.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Codification Section was enacted as part of the Department of Homeland Security Appropriations Act, 2020, and also as part of the Consolidated Appropriations Act, 2020, and not as part of the Immigration and Nationality Act which comprises this chapter.

Statutory Notes and Related Subsidiaries

Application of Section Pub. L. 117–103, div. F, title IV, § 403, Mar. 15, 2022, 136 Stat. 334, provided that: “The terms and conditions of section 403 of the Department of Homeland Security Appropriations Act, 2020 (division D of Public Law 116–93) [8 U.S.C. 1377a] shall apply to this Act [div. F of Pub. L. 117–103, see Tables for classification].”

Prior Provisions

Similar provisions were contained in the following prior appropriation act: Pub. L. 116–260, div. F, title IV, § 403, Dec. 27, 2020, 134 Stat. 1467.

Reference

Citations & Metadata

Citation

8 U.S.C. § 1377a

Title 8Aliens and Nationality

Last Updated

Apr 6, 2026

Release point: 119-73