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Title 8 — Aliens and NationalityRelease 119-73not60

§1329 Jurisdiction of District Courts

Title 8 › Chapter 12— IMMIGRATION AND NATIONALITY › Subchapter II— IMMIGRATION › Part VIII— General Penalty Provisions › § 1329

Last updated Apr 3, 2026|Official source

Summary

Federal district courts can hear any civil or criminal case the United States brings under this subchapter. The U.S. attorney in the right district must handle those cases. Cases may be started anywhere in the United States where the violation happened or where someone charged under sections 1325 or 1326 is caught. No such case can be settled, compromised, or dropped without the court’s permission, and the court record must show the reasons. This does not let people sue the United States, its agencies, or its officers.

Full Legal Text

Title 8, §1329

Aliens and Nationality — Source: USLM XML via OLRC

The district courts of the United States shall have jurisdiction of all causes, civil and criminal, brought by the United States that arise under the provisions of this subchapter. It shall be the duty of the United States attorney of the proper district to prosecute every such suit when brought by the United States. Notwithstanding any other law, such prosecutions or suits may be instituted at any place in the United States at which the violation may occur or at which the person charged with a violation under section 1325 or 1326 of this title may be apprehended. No suit or proceeding for a violation of any of the provisions of this subchapter shall be settled, compromised, or discontinued without the consent of the court in which it is pending and any such settlement, compromise, or discontinuance shall be entered of record with the reasons therefor. Nothing in this section shall be construed as providing jurisdiction for suits against the United States or its agencies or officers.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Amendments

1996—Pub. L. 104–208, § 381(a)(2), inserted at end “Nothing in this section shall be construed as providing jurisdiction for suits against the United States or its agencies or officers.” Pub. L. 104–208, § 381(a)(1), amended first sentence generally. Prior to amendment, first sentence read as follows: “The district courts of the United States shall have jurisdiction of all causes, civil and criminal, arising under any of the provisions of this subchapter.”

Statutory Notes and Related Subsidiaries

Effective Date

of 1996 Amendment Pub. L. 104–208, div. C, title III, § 381(b), Sept. 30, 1996, 110 Stat. 3009–650, provided that: “The

Amendments

made by subsection (a) [amending this section] shall apply to actions filed after the date of the enactment of this Act [Sept. 30, 1996].”

Reference

Citations & Metadata

Citation

8 U.S.C. § 1329

Title 8 — Aliens and Nationality

Last Updated

Apr 3, 2026

Release point: 119-73not60