Editorial Notes
References in Text

This chapter, referred to in subsecs. (a)(3)(A) and (d)(3)(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.

Public Law 89–732, referred to in subsec. (b)(2)(B), is Pub. L. 89–732, Nov. 2, 1966, 80 Stat. 1161, which is set out as a note under section 1255 of this title.

Public Law 95–145, referred to in subsec. (b)(2)(B), is Pub. L. 95–145, Oct. 28, 1977, 91 Stat. 1223. Title I of Pub. L. 95–145 is set out as a note under section 1255 of this title. Title II of Pub. L. 95–145 amended Pub. L. 94–23, which was set out as a note under section 2601 of Title 22, Foreign Relations and Intercourse, and was repealed by Pub. L. 96–212, title III, § 312(c), Mar. 17, 1980, 94 Stat. 117.

Section 1105a of this title, referred to in subsec. (e)(3)(A), was repealed by Pub. L. 104–208, div. C, title III, § 306(b), Sept. 30, 1996, 110 Stat. 3009–612.

The Social Security Act, referred to in subsec. (f), is act Aug. 14, 1935, ch. 531, 49 Stat. 620. Part A of title IV of the Social Security Act is classified generally to part A (§ 601 et seq.) of subchapter IV of chapter 7 of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see section 1305 of Title 42 and Tables.

Amendments

1996—Subsec. (b)(5). Pub. L. 104–132, § 431(b)(1), inserted before period at end “, except as allowed by a court order issued pursuant to paragraph (6) of this subsection”.

Subsec. (b)(6). Pub. L. 104–208, § 623(b), amended par. (6) generally, substituting subpars. (A) to (D) for former subpars. (A) to (C) and introductory and concluding provisions, relating to confidentiality of information.

Pub. L. 104–208, § 384(d)(1), substituted “Anyone who uses, publishes, or permits information to be examined in violation of this paragraph shall be subject to appropriate disciplinary action and subject to a civil money penalty of not more than $5,000 for each violation.” for “Anyone who uses, publishes, or permits information to be examined in violation of this paragraph shall be fined in accordance with title 18 or imprisoned not more than five years, or both.” in concluding provisions.

Pub. L. 104–132, § 431(b)(2), inserted before “Anyone who uses” in concluding provisions “Notwithstanding the preceding sentence, the Attorney General may authorize an application to a Federal court of competent jurisdiction for, and a judge of such court may grant an order authorizing, disclosure of information contained in the application of the alien to be used for identification of the alien when there is reason to believe that the alien has been killed or severely incapacitated, or for criminal law enforcement purposes against the alien whose application is to be disclosed or to discover information leading to the location or identity of the alien.”

Subsec. (e)(3)(A). Pub. L. 104–208, § 308(g)(2)(B), inserted “(as in effect before October 1, 1996)” after “section 1105a of this title”.

Subsec. (f). Pub. L. 104–193 substituted “assistance under a State program funded under” for “aid under a State plan approved under” in two places.

1994—Subsec. (d)(3). Pub. L. 103–416, § 219(d), inserted “the” before first reference to “Service” in introductory provisions.

Subsec. (d)(3)(B). Pub. L. 103–416, § 219(z)(7), made technical correction to Pub. L. 102–232, § 309(b)(6)(F). See 1991 Amendment note below.

1991—Subsec. (b)(7)(B). Pub. L. 102–232, § 307(j), substituted “section 1182(a)(6)(C)(i)” for “section 1182(a)(19)”.

Subsec. (d)(3). Pub. L. 102–232, § 309(b)(6)(A)–(C), realigned margins of par. (3) and its subparagraphs, and in introductory provisions substituted “Service” for “the Immigration and Naturalization Service (INS)” and “Service” for “INS” in two places.

Subsec. (d)(3)(A). Pub. L. 102–232, § 309(b)(6)(D), (E), substituted “period described in” for “period as defined in” and “Service” for “INS”, and made technical amendment to reference to this chapter involving corresponding provision of original act.

Subsec. (d)(3)(B). Pub. L. 102–232, § 309(b)(6)(F), as amended by Pub. L. 103–416, § 219(z)(7), substituted “described in subsection (a)(1)(A)” for “as defined in subsection (a)(B)(1)(B)”.

Pub. L. 102–232, § 309(b)(6)(G), made technical amendment to reference to subsection (b)(1)(A) of this section involving corresponding provision of original act.

1990—Subsec. (a)(3)(B)(i). Pub. L. 101–649, § 603(a)(5)(A), substituted “1182(a)(6)(C)(i)” for “1182(a)(19)”.

Subsec. (c)(2)(A). Pub. L. 101–649, § 603(a)(5)(B), substituted “(5) and (7)(A)” for “(14), (20), (21), (25), and (32)”.

Subsec. (c)(2)(B)(ii)(I). Pub. L. 101–649, § 603(a)(5)(C), substituted “Paragraphs (2)(A) and (2)(B)” for “Paragraph (9) and (10)”.

Subsec. (c)(2)(B)(ii)(II). Pub. L. 101–649, § 603(a)(5)(D), substituted “(4)” for “(15)”.

Subsec. (c)(2)(B)(ii)(III). Pub. L. 101–649, § 603(a)(5)(E), substituted “(2)(C)” for “(23)”.

Subsec. (c)(2)(B)(ii)(IV). Pub. L. 101–649, § 603(a)(5)(F), substituted “Paragraph (3) (relating to security and related grounds), other than subparagraph (E) thereof” for “Paragraphs (27), (28), and (29) (relating to national security and members of certain organizations)”.

Subsec. (c)(2)(B)(ii)(V). Pub. L. 101–649, § 603(a)(5)(G), struck out subcl. (V) which referred to par. (33).

Subsec. (c)(2)(C). Pub. L. 101–649, § 603(a)(5)(H), substituted “1182(a)(4)” for “1182(a)(15)”.

1989—Subsec. (a)(3). Pub. L. 101–238, § 4(a), designated existing provisions as subpar. (A) and added subpar. (B).

Subsec. (b)(6)(A). Pub. L. 101–238, § 4(b), amended subpar. (A) generally. Prior to amendment, subpar. (A) read as follows: “use the information furnished pursuant to an application filed under this section for any purpose other than to make a determination on the application or for enforcement of paragraph (7),”.

1988—Subsec. (g). Pub. L. 100–525 substituted “subsections (a)(5) and (f)” for “subsections (b)(3) and (f)”.

1987—Subsec. (d)(3). Pub. L. 100–202 added par. (3).

Statutory Notes and Related Subsidiaries
Effective Date of 1996 Amendments

Amendment by section 308(g)(2)(B) 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.

Pub. L. 104–208, div. C, title III, § 384(d)(2), Sept. 30, 1996, 110 Stat. 3009–653, provided that: “The amendments made by this subsection [amending this section and section 1255a of this title] shall apply to offenses occurring on or after the date of the enactment of this Act [Sept. 30, 1996].”

Amendment by Pub. L. 104–193 effective July 1, 1997, with transition rules relating to State options to accelerate such date, rules relating to claims, actions, and proceedings commenced before such date, rules relating to closing out of accounts for terminated or substantially modified programs and continuance in office of Assistant Secretary for Family Support, and provisions relating to termination of entitlement under AFDC program, see section 116 of Pub. L. 104–193, as amended, set out as an Effective Date note under section 601 of Title 42, The Public Health and Welfare.

Effective Date of 1994 Amendment

Pub. L. 103–416, title II, § 219(z), Oct. 25, 1994, 108 Stat. 4318, provided that the amendment made by subsec. (z)(7) of that section is effective as if included in the Miscellaneous and Technical Immigration and Naturalization Amendments of 1991, Pub. L. 102–232.

Amendment by section 219(d) of Pub. L. 103–416 effective as if included in the enactment of the Immigration Act of 1990, Pub. L. 101–649, see section 219(dd) of Pub. L. 103–416, set out as a note under section 1101 of this title.

Effective Date of 1991 Amendment

Pub. L. 102–232, title III, § 307(j), Dec. 12, 1991, 105 Stat. 1756, provided that the amendment made by section 307(j) is effective as if included in section 603(a)(5) of the Immigration Act of 1990, Pub. L. 101–649.

Effective Date of 1990 Amendment

Amendment by Pub. L. 101–649 applicable to applications for adjustment of status made on or after June 1, 1991, see section 601(e)(2) of Pub. L. 101–649, set out as a note under section 1101 of this title.

Effective Date of 1988 Amendment

Amendment by Pub. L. 100–525 effective as if included in enactment of Immigration Reform and Control Act of 1986, Pub. L. 99–603, see section 2(s) of Pub. L. 100–525, 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.

Commission on Agricultural Workers

Pub. L. 99–603, title III, § 304, Nov. 6, 1986, 100 Stat. 3431, as amended by Pub. L. 101–649, title VII, § 704, Nov. 29, 1990, 104 Stat. 5086; Pub. L. 102–232, title III, § 308(c), Dec. 12, 1991, 105 Stat. 1757, established Commission on Agricultural Workers to evaluate special agricultural worker provisions and labor markets in agricultural industry, required Commission to report to Congress not later than six years after Nov. 6, 1986, on its reviews, and provided that Commission terminate at the end of the 75-month period beginning with the month after November 1986.