19 U.S.C. § 1589a

Enforcement authority of customs officers

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Subject to the direction of the Secretary of the Treasury, an officer of the customs may—(1) carry a firearm;(2) execute and serve any order, warrant, subpena, summons, or other process issued under the authority of the United States;(3) make an arrest without a warrant for any offense against the United States committed in the officer’s presence or for a felony, cognizable under the laws of the United States committed outside the officer’s presence if the officer has reasonable grounds to believe that the person to be arrested has committed or is committing a felony; and(4) perform any other law enforcement duty that the Secretary of the Treasury may designate.(June 17, 1930, ch. 497, title IV, § 589, as added Pub. L. 98–573, title II, § 213(a)(17), Oct. 30, 1984, 98 Stat. 2988.)Editorial NotesCodification

Another section 589 of act June 17, 1930, as added by Pub. L. 98–473, title II, § 320, Oct. 12, 1984, 98 Stat. 2056, was classified to section 1589 of this title, prior to repeal by Pub. L. 100–690.

Prior Provisions

A prior section 589 of act June 17, 1930, ch. 497, title IV, 46 Stat. 750, related to unlawful relanding and was classified to this section, prior to repeal by act June 25, 1948, ch. 645, § 21, 62 Stat. 862, eff. Sept. 1, 1948. See section 544 of Title 18, Crimes and Criminal Procedure.

Statutory Notes and Related SubsidiariesEffective Date

Section effective Oct. 15, 1984, see section 214(e) of Pub. L. 98–573, set out as an Effective Date of 1984 Amendment note under section 1304 of this title.

Notes of Decisions
Cited in 15 cases (4 in the last 5 years), 1988–2026 · leading case: Atwater v. City of Lago Vista, 532 U.S. 318 (2001).
Atwater v. City of Lago Vista, 532 U.S. 318 (2001). · cites it 2× “3052 (Federal Bureau of Investigation agents authorized to "make arrests without warrant for any offense against the United States committed in their presence"); § 3053 (same, for United States marshals and deputies); § 3056(c)(1)(C) (same, for Secret Service agents); §…”
Pellegrino v. U.S. Transp. SEC. Admin., 896 F.3d 207 (3rd Cir. 2018). · cites it 2× “§ 3050 , as are customs officers, see 19 U.S.C. § 1589a. 35 proviso applies to both “investigative and law-enforcement officers” who execute searches, id.”
Nadine Pellegrino v. TSA, 937 F.3d 164 (3rd Cir. 2019). “§ 3050 , as are customs officers, see 19 U.S.C. § 1589a. 38 evidence for colleagues during crime-scene investigations.”
United States v. Gonzalez, 688 F. Supp. 658 (D.D.C. 1988). · cites it 3× “Customs officials are authorized under 19 U.S.C. § 1589a to make arrests for Title 46 § 1903 violations.”
Seized Prop. Recovery, Corp. v. United States Customs & Border Prot., 502 F. Supp. 2d 50 (D.D.C. 2007). “¶ 3 (citing 19 U.S.C. §§ 1589a, 1592, 1595, 1595a and 1618).”
Chehade Refai v. Lazaro, 614 F. Supp. 2d 1103 (D. Nev. 2009). “, 19 U.S.C. § 1589a (stating customs officers may perform any law enforcement duty the Secretary designates); 8 C.”
Hallock v. United States, 253 F. Supp. 2d 361 (N.D.N.Y. 2003). “” 19 U.S.C. § 1589a(2). Under this language, in a general sense, customs officers may execute a search warrant for any crime.”
In Re Se. Equip. Co. Search Warrant, 746 F. Supp. 1563 (S.D. Ga. 1990). “19 U.S.C. § 1589a. Since the warrant authorizing the search of SECO’s premises was specifically directed to him, it is clear that he had the power to utilize the assistance of other officers in the execution of the warrant, provided he was present and participating in the…”
United States v. Guldman, 343 F. Supp. 2d 1219 (Ct. Intl. Trade 2004). “” 19 U.S.C. § 1589a(2) (2000). The rules of this court clearly contemplate that Government agents, such as United States marshals, may serve process.”
McLeod v. United States of Am. (S.D. Ala. 2024). · cites it 2× “Finally, in his supplemental brief, Fondren asserts that he participated in the operation through his federal investigative authority under 19 U.S.C § 1589a(4). (Doc. 329 at 11-13).”
Auth. to Obtain & Share Statewide Voter Roll Data (OLC 2026). · cites it 2× “§ 1103(a)(1) and 19 U.S.C. § 1589a(3) do as well. 38 Authority to Obtain and Share Statewide Voter Roll Data 754 n.”
Auth. of the Customs Serv. to Seize or Forfeit Prop. Pursuant to 21 U.S.C. § 881 (OLC 1988). · cites it 3× “19 U.S.C. § 1589a As evidence that it has section 881 authority in the border context, Customs cites 19 U.”
— 19 U.S.C. § 1589a(2) — 4 cases
Hallock v. United States, 253 F. Supp. 2d 361 (N.D.N.Y. 2003). “” 19 U.S.C. § 1589a(2). Under this language, in a general sense, customs officers may execute a search warrant for any crime.”
United States v. Guldman, 343 F. Supp. 2d 1219 (Ct. Intl. Trade 2004). “” 19 U.S.C. § 1589a(2) (2000). The rules of this court clearly contemplate that Government agents, such as United States marshals, may serve process.”
United States v. Guldman, 123 F. App'x 393 (Fed. Cir. 2005).
Auth. of the Customs Serv. to Seize or Forfeit Prop. Pursuant to 21 U.S.C. § 881 (OLC 1988). “19 U.S.C. § 1589a As evidence that it has section 881 authority in the border context, Customs cites 19 U.”
— 19 U.S.C. § 1589a(3) — 3 cases
Atwater v. City of Lago Vista, 532 U.S. 318 (2001). “3052 (Federal Bureau of Investigation agents authorized to "make arrests without warrant for any offense against the United States committed in their presence"); § 3053 (same, for United States marshals and deputies); § 3056(c)(1)(C) (same, for Secret Service agents); §…”
United States v. Gonzalez, 688 F. Supp. 658 (D.D.C. 1988). “Customs officials are authorized under 19 U.S.C. § 1589a to make arrests for Title 46 § 1903 violations.”
Auth. to Obtain & Share Statewide Voter Roll Data (OLC 2026). “§ 1103(a)(1) and 19 U.S.C. § 1589a(3) do as well. 38 Authority to Obtain and Share Statewide Voter Roll Data 754 n.”
— 19 U.S.C. § 1589a(4) — 1 case
McLeod v. United States of Am. (S.D. Ala. 2024). “Finally, in his supplemental brief, Fondren asserts that he participated in the operation through his federal investigative authority under 19 U.S.C § 1589a(4). (Doc. 329 at 11-13).”
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