Title 8, Aliens and NationalityRelease 119-102
§1329 Jurisdiction of District Courts
Title 8 › CHAPTER 12 — IMMIGRATION AND NATIONALITY › SUBCHAPTER II — IMMIGRATION › Part VIII — General Penalty Provisions › § 1329
Summary
Federal district courts can hear civil and criminal cases the United States brings under this subchapter; the U.S. attorney must prosecute them. Cases may be filed where the violation happened or where someone charged under sections 1325 or 1326 is arrested. No case may be settled or dropped without court approval and a recorded reason. It does not allow suits against the United States or its agencies or 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
Aug 21, 2026
Release point: 119-102