U.S. Code » Title 8 » Chapter CHAPTER 12— IMMIGRATION AND NATIONALITY › Subchapter SUBCHAPTER II— IMMIGRATION › Part Part VII— Registration of Aliens

8 U.S.C. § 1303

Registration of special groups

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(a) Notwithstanding the provisions of sections 1301 and 1302 of this title, the Attorney General is authorized to prescribe special regulations and forms for the registration and fingerprinting of (1) alien crewmen, (2) holders of border-crossing identification cards, (3) aliens confined in institutions within the United States, (4) aliens under order of removal, (5) aliens who are or have been on criminal probation or criminal parole within the United States, and (6) aliens of any other class not lawfully admitted to the United States for permanent residence.(b) The provisions of section 1302 of this title and of this section shall not be applicable to any alien who is in the United States as a nonimmigrant under section 1101(a)(15)(A) or (a)(15)(G) of this title until the alien ceases to be entitled to such a nonimmigrant status.(June 27, 1952, ch. 477, title II, ch. 7, § 263, 66 Stat. 224; Pub. L. 104–208, div. C, title III, §§ 308(e)(1)(J), 323, Sept. 30, 1996, 110 Stat. 3009–619, 3009–629.)Editorial NotesAmendments

1996—Subsec. (a)(4). Pub. L. 104–208, § 308(e)(1)(J), substituted “removal” for “deportation”.

Subsec. (a)(5), (6). Pub. L. 104–208, § 323, added cl. (5) and redesignated former cl. (5) as (6).

Statutory Notes and Related SubsidiariesEffective Date of 1996 Amendment

Amendment by section 308(e)(1)(J) 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.

References to Order of Removal Deemed To Include Order of Exclusion and Deportation

For purposes of carrying out this chapter, any reference in law to an order of removal is deemed to include a reference to an order of exclusion and deportation or an order of deportation, see section 309(d)(2) of Pub. L. 104–208, set out in an Effective Date of 1996 Amendments note under section 1101 of this title.

Notes of Decisions
Cited in 14 cases, 1980–2008 · leading case: Rajah v. Mukasey, 544 F.3d 427 (2d Cir. 2008).
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Rajah v. Mukasey, 544 F.3d 427 (2d Cir. 2008). · cites it 4× “Title 8 U.S.C. § 1303 (a) 7 grants the Attorney General broad power to prescribe regulations for “registration and fingerprinting” of certain classes of aliens.”
Mushtaq Ahmed v. Alberto R. Gonzales, United States Attorney Gen., 447 F.3d 433 (5th Cir. 2006). “NSEERS is a program that tracks foreign nationals from various countries, including Pakistan, who reside in the United States, pursuant to the direction of 8 U.S.C. §§ 1303 , 1305. 2 . DHS originally charged Ahmed with remov-ability under 8 U.”
Gholamreza Narenji, Behzad Vahedi, Cyrus Vahidnia v. Benjamin Civiletti, Attorney Gen., Confederation of Iranian Students v. Benjamin R. Civiletti, 617 F.2d 745 (D.C. Cir. 1980). · cites it 2× “” Finally, failure to maintain nonimmigrant status or to comply with the conditions of such status is specified as a ground for deportation.”
Roudnahal v. Ridge, 310 F. Supp. 2d 884 (N.D. Ohio 2003). “Furthermore, § 263(a) of the INA, codified at 8 U.S.C. § 1303 (a), states that the Attorney General may “prescribe special regulations and forms for the registration and fingerprinting of .”
Malik v. Gonzales, 213 F. App'x 173 (4th Cir. 2007). “He contends that his prosecution by the Department of Homeland Security resulted from his registration pursuant to the National Security Entry-Exit Registration System (“NSEERS”), 8 U.S.C. §§ 1303 , 1305 (2000), and that a decision to prosecute based on alienage, ethnicity, or…”
Shaybob v. Attorney Gen. of the United States, 189 F. App'x 127 (3rd Cir. 2006). “1 (f)(4); 8 U.S.C. §§ 1303 , 1305. Removal proceedings were instituted against Shaybob after he self-reported in compliance with the Call-In Program requirements, thereby bringing the overstay of his visa to the attention of immigration authorities.”
Ali v. Gonzales, 162 F. App'x 345 (5th Cir. 2006). “8 U.S.C. §§ 1303 , 1305; see also Registration of Certain Nonimmigrant Aliens from Designated Countries, 67 Fed.”
Ali v. Gonzales, 200 F. App'x 294 (5th Cir. 2006). “NSEERS is a government program which, pursuant to 8 U.S.C. §§ 1303 and 1305, tracks foreign nationals from various countries who reside in the United States.”
Habeeb v. Castloo, 434 F. Supp. 2d 899 (D. Mont. 2006). · cites it 2× “Habeeb, as an alien, was subject to 8 U.S.C. § 1303 (a)(6). By the terms of that statute, the Attorney General was given authority to prescribe special regulations and forms for the registration and finger *908 printing of “aliens or any other class not lawfully admitted to the…”
Ahmed v. Gonzales (5th Cir. 2006). “§ 1227 (a)(1)(B), as a nonimmigrant who remained in the United States for a time longer 1 NSEERS is a program that tracks foreign nationals from various countries, including Pakistan, who reside in the United States, pursuant to the direction of 8 U.S.C. §§ 1303 , 1305. 2 than…”
Aziz v. Gonzales, 185 F. App'x 349 (5th Cir. 2006). “2006); 8 U.S.C. § 1303 . *** Miranda v. Arizona, 384 U.”
Butt v. Gonzales, 201 F. App'x 978 (5th Cir. 2006). “2006); 8 U.S.C. § 1303 . To the extent Butt is challenging the constitutionality of the NSEERS program itself, such a challenge is meritless.”
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