§1360 — Title 8 Aliens and Nationality | U.S. Code

Summary

Creates a central index in the Commissioner's office for use by U.S. security and law enforcement. The index must include the names of all aliens who were ever admitted or denied entry, as records allow, plus names of their sponsors and any other information the Attorney General needs to help enforce immigration laws. Federal agencies must give the Service any records they have about where aliens are and who they are when the Attorney General asks. The Social Security Commissioner must, within 3 months after each fiscal year (starting with 1996), report how many Social Security numbers were issued to aliens not allowed to work when earnings were reported for that year. If earnings are reported on or after January 1, 1997 for such a number, the Commissioner must electronically give the Attorney General the alien’s name and address, the payer’s name and address, and the earnings amount. A written certificate by the Attorney General or a designated officer saying a diligent search found no record of a specified kind can be used in court as evidence, like a witness statement.

Title 8, §1360

Aliens and Nationality — Source: USLM XML via OLRC

(a)There shall be established in the office of the Commissioner, for the use of security and enforcement agencies of the Government of the United States, a central index, which shall contain the names of all aliens heretofore admitted or denied admission to the United States, insofar as such information is available from the existing records of the Service, and the names of all aliens hereafter admitted or denied admission to the United States, the names of their sponsors of record, if any, and such other relevant information as the Attorney General shall require as an aid to the proper enforcement of this chapter.

(b)Any information in any records kept by any department or agency of the Government as to the identity and location of aliens in the United States shall be made available to the Service upon request made by the Attorney General to the head of any such department or agency.

(c)(1)Not later than 3 months after the end of each fiscal year (beginning with fiscal year 1996), the Commissioner of Social Security shall report to the Committees on the Judiciary of the House of Representatives and the Senate on the aggregate quantity of social security account numbers issued to aliens not authorized to be employed, with respect to which, in such fiscal year, earnings were reported to the Social Security Administration.

(2)If earnings are reported on or after January 1, 1997, to the Social Security Administration on a social security account number issued to an alien not authorized to work in the United States, the Commissioner of Social Security shall provide the Attorney General with information regarding the name and address of the alien, the name and address of the person reporting the earnings, and the amount of the earnings. The information shall be provided in an electronic form agreed upon by the Commissioner and the Attorney General.

(d)A written certification signed by the Attorney General or by any officer of the Service designated by the Attorney General to make such certification, that after diligent search no record or entry of a specified nature is found to exist in the records of the Service, shall be admissible as evidence in any proceeding as evidence that the records of the Service contain no such record or entry, and shall have the same effect as the testimony of a witness given in open court.

Notes & Related Subsidiaries

Editorial Notes

References in Text

This chapter, referred to in subsec. (a), was in the original, “this Act”, meaning act June 27, 1952, ch. 477, 66 Stat. 163, known as the Immigration and Nationality Act, 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.

Amendments

1996—Subsec. (a). Pub. L. 104–208, § 308(d)(4)(M), substituted “admitted or denied admission to the United States” for “admitted to the United States, or excluded therefrom” in two places. Subsec. (c). Pub. L. 104–208, § 414(a), amended subsec. (c) generally. Prior to amendment, subsec. (c) read as follows: “The Secretary of Health and Human Services shall notify the Attorney General upon request whenever any alien is issued a social security account number and social security card. The Secretary shall also furnish such available information as may be requested by the Attorney General regarding the identity and location of aliens in the United States.” 1988—Subsec. (c). Pub. L. 100–525 substituted “Secretary of Health and Human Services” for “Federal Security Administrator” and “The Secretary” for “The Administrator”.

Statutory Notes and Related Subsidiaries

Effective Date

of 1996 AmendmentAmendment by section 308(d)(4)(M) 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. Abolition of Immigration and Naturalization Service and

Transfer of Functions

For abolition of Immigration and Naturalization Service,

Transfer of Functions

, and treatment of related references, see note set out under section 1551 of this title. Report on Fraudulent Use of Social Security Account Numbers Pub. L. 104–208, div. C, title IV, § 414(b), Sept. 30, 1996, 110 Stat. 3009–669, as amended by Pub. L. 108–156, § 3(d), Dec. 3, 2003, 117 Stat. 1945, directed the Commissioner of Social Security to transmit to the Secretary of Homeland Security, by not later than 1 year after Sept. 30, 1996, a report on the extent to which social security account numbers and cards were used by aliens for fraudulent purposes.

§1360 Establishment of Central File; Information From Other Departments and Agencies

Summary

Title 8, §1360

Notes & Related Subsidiaries

Editorial Notes

References in Text

Short Title

Amendments

Statutory Notes and Related Subsidiaries

Effective Date

Transfer of Functions

Transfer of Functions

Citations & Metadata