§1377a — Title 8 Aliens and Nationality | U.S. Code

Summary

The Director of U.S. Citizenship and Immigration Services must post a public, downloadable report within 30 days after December 20, 2019, and then update it twice a month. The report must include at least the prior 12 months of data, broken into those twice-a-month periods, showing how many people were found to have a credible or reasonable fear of persecution or of torture, and the total number of fear-claim cases received and closed. The report must also break those numbers down to show claims by people detained at ICE family residential centers, by each legal or administrative unit that reviews the claims, and by the job series (job category) of the staff who reviewed them.

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.

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.

§1377a Report on Aliens Determined to Have Credible or Reasonable Fear of Persecution or Torture