8 USC 1356 - Disposition of moneys collected under the provisions of this subchapter

U.S Code last checked for updates: Nov 22, 2024

§ 1356.

Disposition of moneys collected under the provisions of this subchapter

(a)

Detention, transportation, hospitalization, and all other expenses of detained aliens; expenses of landing stations

(b)

Purchase of evidence

(c)

Fees and administrative fines and penalties; exception

(d)

Schedule of fees

(e)

Limitations on fees

(1)

Except as provided in paragraph (3), no fee shall be charged under subsection (d) for immigration inspection or preinspection provided in connection with the arrival of any passenger, other than aircraft passengers, whose journey originated in the following:

(A)

Canada,

(B)

Mexico,

(C)

a State, territory or possession of the United States, or

(D)

any adjacent island (within the meaning of section 1101(b)(5) of this title).

(2)

No fee may be charged under subsection (d) with respect to the arrival of any passenger—

(A)

who is in transit to a destination outside the United States, and

(B)

for whom immigration inspection services are not provided.

(3)

The Attorney General shall charge and collect $3 per individual for the immigration inspection or pre-inspection of each commercial vessel passenger whose journey originated in the United States or in any place set forth in paragraph (1): Provided, That this requirement shall not apply to immigration inspection at designated ports of entry of passengers arriving by ferry, or by Great Lakes vessels on the Great Lakes and connecting waterways when operating on a regular schedule. For the purposes of this paragraph, the term “ferry” means a vessel, in other than ocean or coastwise service, having provisions only for deck passengers and/or vehicles, operating on a short run on a frequent schedule between two points over the most direct water route, and offering a public service of a type normally attributed to a bridge or tunnel.

(f)

Collection

(1)

Each person that issues a document or ticket to an individual for transportation by a commercial vessel or commercial aircraft into the United States shall—

(A)

collect from that individual the fee charged under subsection (d) at the time the document or ticket is issued; and

(B)

identify on that document or ticket the fee charged under subsection (d) as a Federal inspection fee.

(2)

If—

(A)

a document or ticket for transportation of a passenger into the United States is issued in a foreign country; and

(B)

the fee charged under subsection (d) is not collected at the time such document or ticket is issued;

the person providing transportation to such passenger shall collect such fee at the time such passenger departs from the United States and shall provide such passenger a receipt for the payment of such fee.

(3)

The person who collects fees under paragraph (1) or (2) shall remit those fees to the Attorney General at any time before the date that is thirty-one days after the close of the calendar quarter in which the fees are collected, except the fourth quarter payment for fees collected from airline passengers shall be made on the date that is ten days before the end of the fiscal year, and the first quarter payment shall include any collections made in the preceding quarter that were not remitted with the previous payment. Regulations issued by the Attorney General under this subsection with respect to the collection of the fees charged under subsection (d) and the remittance of such fees to the Treasury of the United States shall be consistent with the regulations issued by the Secretary of the Treasury for the collection and remittance of the taxes imposed by subchapter C of chapter 33 of title 26, but only to the extent the regulations issued with respect to such taxes do not conflict with the provisions of this section.

(g)

Provision of immigration inspection and preinspection services

Notwithstanding section 1353b of this title, or any other provision of law, the immigration services required to be provided to passengers upon arrival in the United States on scheduled airline flights shall be adequately provided when needed and at no cost (other than the fees imposed under subsection (d)) to airlines and airline passengers at:

(1)

immigration serviced airports, and

(2)

places located outside of the United States at which an immigration officer is stationed for the purpose of providing such immigration services.

(h)

Disposition of receipts

(1)

(A)

There is established in the general fund of the Treasury a separate account which shall be known as the “Immigration User Fee Account”. Notwithstanding any other section of this subchapter, there shall be deposited as offsetting receipts into the Immigration User Fee Account all fees collected under subsection (d) of this section, to remain available until expended..1

 So in original.

At the end of each 2-year period, beginning with the creation of this account, the Attorney General, following a public rulemaking with opportunity for notice and comment, shall submit a report to the Congress concerning the status of the account, including any balances therein, and recommend any adjustment in the prescribed fee that may be required to ensure that the receipts collected from the fee charged for the succeeding two years equal, as closely as possible, the cost of providing these services.

(B)

Notwithstanding any other provisions of law, all civil fines or penalties collected pursuant to sections 1253(c), 1321, and 1323 of this title and all liquidated damages and expenses collected pursuant to this chapter shall be deposited in the Immigration User Fee Account.

(2)

(A)

The Secretary of the Treasury shall refund out of the Immigration User Fee Account to any appropriation the amount paid out of such appropriation for expenses incurred by the Attorney General in providing immigration inspection and preinspection services for commercial aircraft or vessels and in—

(i)

providing overtime immigration inspection services for commercial aircraft or vessels;

(ii)

administration of debt recovery, including the establishment and operation of a national collections office;

(iii)

expansion, operation and maintenance of information systems for nonimmigrant control and debt collection;

(iv)

detection of fraudulent documents used by passengers traveling to the United States, including training of, and technical assistance to, commercial airline personnel regarding such detection;

(v)

providing detention and removal services for inadmissible aliens arriving on commercial aircraft and vessels and for any alien who is inadmissible under section 1182(a) of this title who has attempted illegal entry into the United States through avoidance of immigration inspection at air or sea ports-of-entry; and

(vi)

providing removal and asylum proceedings at air or sea ports-of-entry for inadmissible aliens arriving on commercial aircraft and vessels including immigration removal proceedings resulting from presentation of fraudulent documents and failure to present documentation and for any alien who is inadmissible under section 1182(a) of this title who has attempted illegal entry into the United States through avoidance of immigration inspection at air or sea ports-of-entry.

The Attorney General shall provide for expenditures for training and assistance described in clause (iv) in an amount, for any fiscal year, not less than 5 percent of the total of the expenses incurred that are described in the previous sentence.

(B)

The amounts which are required to be refunded under subparagraph (A) shall be refunded at least quarterly on the basis of estimates made by the Attorney General of the expenses referred to in subparagraph (A). Proper adjustments shall be made in the amounts subsequently refunded under subparagraph (A) to the extent prior estimates were in excess of, or less than, the amount required to be refunded under subparagraph (A).

(i)

Reimbursement

(j)

Regulations

(k)

Advisory committee

(l)

Report to Congress

(m)

Immigration Examinations Fee Account

(n)

Reimbursement of administrative expenses; transfer of deposits to General Fund of United States Treasury

(o)

Annual financial reports to Congress

(p)

Additional effective dates

(q)

Land Border Inspection Fee Account

(1)

(A)

(i)

Notwithstanding any other provision of law, the Attorney General is authorized to establish, by regulation, not more than 96 projects under which a fee may be charged and collected for inspection services provided at one or more land border points of entry. Such projects may include the establishment of commuter lanes to be made available to qualified United States citizens and aliens, as determined by the Attorney General.

(ii)

This subparagraph shall take effect, with respect to any project described in clause (1) 2

 So in original. Probably should be clause “(i)”.

that was not authorized to be commenced before September 30, 1996, 30 days after submission of a written plan by the Attorney General detailing the proposed implementation of such project.

(iii)

The Attorney General shall prepare and submit on a quarterly basis a status report on each land border inspection project implemented under this subparagraph.

(B)

The Attorney General, in consultation with the Secretary of the Treasury, may conduct pilot projects to demonstrate the use of designated ports of entry after working hours through the use of card reading machines or other appropriate technology.

(2)

All of the fees collected under this subsection, including receipts for services performed in processing forms I–94, I–94W, and I–68, and other similar applications processed at land border ports of entry, shall be deposited as offsetting receipts in a separate account within the general fund of the Treasury of the United States, to remain available until expended. Such account shall be known as the Land Border Inspection Fee Account.

(3)

(A)

The Secretary of the Treasury shall refund, at least on a quarterly basis amounts to any appropriations for expenses incurred in providing inspection services at land border points of entry. Such expenses shall include—

(i)

the providing of overtime inspection services;

(ii)

the expansion, operation and maintenance of information systems for nonimmigrant control;

(iii)

the hire of additional permanent and temporary inspectors;

(iv)

the minor construction costs associated with the addition of new traffic lanes (with the concurrence of the General Services Administration);

(v)

the detection of fraudulent documents used by passengers travelling to the United States;

(vi)

providing for the administration of said account.

(B)

The amounts required to be refunded from the Land Border Inspection Fee Account for fiscal years 1992 and thereafter shall be refunded in accordance with estimates made in the budget request of the Attorney General for those fiscal years: Provided, That any proposed changes in the amounts designated in said budget requests shall only be made after notification to the Committees on Appropriations of the House of Representatives and the Senate in accordance with section 606 of Public Law 101–162.

(4)

The Attorney General will prepare and submit annually to the Congress statements of financial condition of the Land Border Immigration Fee Account, including beginning account balance, revenues, withdrawals, and ending account balance and projection for the ensuing fiscal year.

(r)

Breached Bond/Detention Fund

(1)

Notwithstanding any other provision of law, there is established in the general fund of the Treasury a separate account which shall be known as the Breached Bond/Detention Fund (in this subsection referred to as the “Fund”).

(2)

There shall be deposited as offsetting receipts into the Fund all breached cash and surety bonds, in excess of $8,000,000, posted under this chapter which are recovered by the Department of Justice, and amount 3

 So in original.

described in section 1255(i)(3)(b) 4

 So in original. Probably should be section “1255(i)(3)(B)”.

of this title.

(3)

Such amounts as are deposited into the Fund shall remain available until expended and shall be refunded out of the Fund by the Secretary of the Treasury, at least on a quarterly basis, to the Attorney General for the following purposes—

(i)

for expenses incurred in the collection of breached bonds, and

(ii)

for expenses associated with the detention of illegal aliens.

(4)

The amounts required to be refunded from the Fund for fiscal year 1998 and thereafter shall be refunded in accordance with estimates made in the budget request of the President for those fiscal years. Any proposed changes in the amounts designated in such budget requests shall only be made after Congressional reprogramming notification in accordance with the reprogramming guidelines for the applicable fiscal year.

(5)

The Attorney General shall prepare and submit annually to the Congress, statements of financial condition of the Fund, including the beginning balance, receipts, refunds to appropriations, transfers to the general fund, and the ending balance.

(6)

For fiscal year 1993 only, the Attorney General may transfer up to $1,000,000 from the Immigration User Fee Account to the Fund for initial expenses necessary to enhance collection efforts: Provided, That any such transfers shall be refunded from the Fund back to the Immigration User Fee Account by December 31, 1993.

(s)

H–1B Nonimmigrant Petitioner Account

(1)

In general

(2)

Use of fees for job training

(3)

Use of fees for low-income scholarship program

(4)

National Science Foundation competitive grant program for K–12 math, science and technology education

(A)

In general

(B)

Types of programs covered

(5)

Use of fees for duties relating to petitions

(6)

Use of fees for application processing and enforcement

(t)

Genealogy Fee

(1)

There is hereby established the Genealogy Fee for providing genealogy research and information services. This fee shall be deposited as offsetting collections into the Examinations Fee Account. Fees for such research and information services may be set at a level that will ensure the recovery of the full costs of providing all such services.

(2)

The Attorney General will prepare and submit annually to Congress statements of the financial condition of the Genealogy Fee.

(3)

Any officer or employee of the Immigration and Naturalization Service shall collect fees prescribed under regulation before disseminating any requested genealogical information.

(u)

Premium fee for certain immigration benefit types

(1)

In general

(2)

Immigration benefit types

Subject to reasonable conditions or limitations, the Secretary shall establish a premium fee under paragraph (1) in connection with—

(A)

employment-based nonimmigrant petitions and associated applications for dependents of the beneficiaries of such petitions;

(B)

employment-based immigrant petitions filed by or on behalf of aliens described in paragraph (1), (2), or (3) of section 1153(b) of this title;

(C)

applications to change or extend nonimmigrant status;

(D)

applications for employment authorization; and

(E)

any other immigration benefit type that the Secretary deems appropriate for premium processing.

(3)

Amount of fee

(A)

In general

(B)

Other immigration benefit types

(C)

Biennial adjustment

(4)

Use of fee

Fees collected under this subsection may only be used by U.S. Citizenship and Immigration Services to—

(A)

provide the services described in paragraph (5) to premium processing requestors;

(B)

make infrastructure improvements in adjudications processes and the provision of information and services to immigration and naturalization benefit requestors;

(C)

respond to adjudication demands, including by reducing the number of pending immigration and naturalization benefit requests; and

(D)

otherwise offset the cost of providing adjudication and naturalization services.

(5)

Premium processing services

The Secretary—

(A)

may suspend the availability of premium processing for designated immigration benefit requests only if circumstances prevent the completion of processing of a significant number of such requests within the required period; and

(B)

shall ensure that premium processing requestors have direct and reliable access to current case status information as well as the ability to communicate with the premium processing units at each service center or office that provides premium processing services.

(v)

Fraud Prevention and Detection Account

(1)

In general

(2)

Use of fees to combat fraud

(A)

Secretary of State

One-third of the amounts deposited into the Fraud Prevention and Detection Account shall remain available to the Secretary of State until expended for programs and activities at United States embassies and consulates abroad—

(i)

to increase the number 6

 So in original. Probably should be followed by “of”.

diplomatic security personnel assigned exclusively or primarily to the function of preventing and detecting fraud by applicants for visas described in subparagraph (H)(i), (H)(ii), or (L) of section 1101(a)(15) of this title;

(ii)

otherwise to prevent and detect visa fraud, including primarily fraud by applicants for visas described in subparagraph (H)(i), (H)(ii), or (L) of section 1101(a)(15) of this title, in cooperation with the Secretary of Homeland Security or pursuant to the terms of a memorandum of understanding or other agreement between the Secretary of State and the Secretary of Homeland Security; and

(iii)

upon request by the Secretary of Homeland Security, to assist such Secretary in carrying out the fraud prevention and detection programs and activities described in subparagraph (B).

(B)

Secretary of Homeland Security

(C)

Secretary of Labor

(D)

Consultation

(June 27, 1952, ch. 477, title II, ch. 9, § 286, 66 Stat. 232; Pub. L. 97–116, § 13, Dec. 29, 1981, 95 Stat. 1618; Pub. L. 99–500, § 101(b) [title II, § 205(a), formerly § 205], Oct. 18, 1986, 100 Stat. 1783–39, 1783–53, renumbered § 205(a), Pub. L. 100–525, § 4(a)(2)(A), Oct. 24, 1988, 102 Stat. 2615; Pub. L. 99–591, § 101(b) [title II, § 205], Oct. 30, 1986, 100 Stat. 3341–39, 3341–53; Pub. L. 99–653, § 7(d)(1), Nov. 14, 1986, as added Pub. L. 100–525, § 8(f), Oct. 24, 1988, 102 Stat. 2617; Pub. L. 100–71, title I, § 1, July 11, 1987, 101 Stat. 394; Pub. L. 100–459, title II, § 209(a), Oct. 1, 1988, 102 Stat. 2203; Pub. L. 100–525, § 4(a)(1), (d), Oct. 24, 1988, 102 Stat. 2614, 2615; Pub. L. 101–162, title II, Nov. 21, 1989, 103 Stat. 1000; Pub. L. 101–515, title II, § 210(a), (d), Nov. 5, 1990, 104 Stat. 2120, 2121; Pub. L. 102–232, title III, § 309(a)(1)(A)(i), (B), (2), (b)(12), Dec. 12, 1991, 105 Stat. 1757–1759; Pub. L. 102–395, title I, § 112, Oct. 6, 1992, 106 Stat. 1843; Pub. L. 103–121, title I, Oct. 27, 1993, 107 Stat. 1161; Pub. L. 103–416, title II, § 219(t), Oct. 25, 1994, 108 Stat. 4317; Pub. L. 104–208, div. C, title I, §§ 122(a), 124(a)(1), title III, §§ 308(d)(3)(A), (4)(K), (e)(1)(L), (g)(1), 376(b), 382(b), title VI, § 671(b)(11), (e)(5), (6), Sept. 30, 1996, 110 Stat. 3009–560, 3009–562, 3009–617 to 3009–619, 3009–622, 3009–648, 3009–651, 3009–722, 3009–723; Pub. L. 105–119, title I, § 110(1), (2), Nov. 26, 1997, 111 Stat. 2457; Pub. L. 105–277, div. A, § 101(b) [title I, § 114], div. C, title IV, § 414(b), Oct. 21, 1998, 112 Stat. 2681–50, 2681–68, 2681–652; Pub. L. 106–113, div. B, § 1000(a)(1) [title I, § 118], Nov. 29, 1999, 113 Stat. 1535, 1501A–22; Pub. L. 106–313, title I, §§ 110(a), 113, Oct. 17, 2000, 114 Stat. 1255, 1261; Pub. L. 106–553, § 1(a)(2) [title I, § 112], Dec. 21, 2000, 114 Stat. 2762, 2762A–68; Pub. L. 106–554, § 1(a)(1) [title I, § 106], Dec. 21, 2000, 114 Stat. 2763, 2763A–11; Pub. L. 107–77, title I, §§ 109, 110, Nov. 28, 2001, 115 Stat. 765; Pub. L. 107–173, title IV, § 403(a), May 14, 2002, 116 Stat. 559; Pub. L. 107–206, title I, § 202, Aug. 2, 2002, 116 Stat. 832; Pub. L. 107–273, div. C, title I, § 11016(2), Nov. 2, 2002, 116 Stat. 1824; Pub. L. 107–296, title IV, § 457, Nov. 25, 2002, 116 Stat. 2201; Pub. L. 108–7, div. B, title I, § 108, div. L, § 107, Feb. 20, 2003, 117 Stat. 67, 532; Pub. L. 108–77, title IV, § 402(d)(2), Sept. 3, 2003, 117 Stat. 946; Pub. L. 108–447, div. J, title IV, §§ 426(b), 427, Dec. 8, 2004, 118 Stat. 3357, 3358; Pub. L. 109–13, div. A, title VI, § 6046, div. B, title IV, § 403(b), May 11, 2005, 119 Stat. 295, 319; Pub. L. 109–472, § 2, Jan. 11, 2007, 120 Stat. 3554; Pub. L. 111–117, div. D, title V, § 524(a), Dec. 16, 2009, 123 Stat. 3283; Pub. L. 114–125, title VIII, § 818(a), Feb. 24, 2016, 130 Stat. 222; Pub. L. 115–254, div. B, title V, § 573, Oct. 5, 2018, 132 Stat. 3389; Pub. L. 116–159, div. D, title I, § 4102(a), Oct. 1, 2020, 134 Stat. 738; Pub. L. 117–286, § 4(a)(44), Dec. 27, 2022, 136 Stat. 4310.)

cite as: 8 USC 1356