8 U.S.C. § 1304

Forms for registration and fingerprinting

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(a) Preparation; contents

The Attorney General and the Secretary of State jointly are authorized and directed to prepare forms for the registration of aliens under section 1301 of this title, and the Attorney General is authorized and directed to prepare forms for the registration and fingerprinting of aliens under section 1302 of this title. Such forms shall contain inquiries with respect to (1) the date and place of entry of the alien into the United States; (2) activities in which he has been and intends to be engaged; (3) the length of time he expects to remain in the United States; (4) the police and criminal record, if any, of such alien; and (5) such additional matters as may be prescribed.

(b) Confidential nature

All registration and fingerprint records made under the provisions of this subchapter shall be confidential, and shall be made available only (1) pursuant to section 1357(f)(2) of this title, and (2) to such persons or agencies as may be designated by the Attorney General.

Every person required to apply for the registration of himself or another under this subchapter shall submit under oath the information required for such registration. Any person authorized under regulations issued by the Attorney General to register aliens under this subchapter shall be authorized to administer oaths for such purpose.

(d) Certificate of alien registration or alien receipt card

Every alien in the United States who has been registered and fingerprinted under the provisions of the Alien Registration Act, 1940, or under the provisions of this chapter shall be issued a certificate of alien registration or an alien registration receipt card in such form and manner and at such time as shall be prescribed under regulations issued by the Attorney General.

(e) Personal possession of registration or receipt card; penalties

Every alien, eighteen years of age and over, shall at all times carry with him and have in his personal possession any certificate of alien registration or alien registration receipt card issued to him pursuant to subsection (d). Any alien who fails to comply with the provisions of this subsection shall be guilty of a misdemeanor and shall upon conviction for each offense be fined not to exceed $100 or be imprisoned not more than thirty days, or both.

(f) Alien’s social security account number

Notwithstanding any other provision of law, the Attorney General is authorized to require any alien to provide the alien’s social security account number for purposes of inclusion in any record of the alien maintained by the Attorney General or the Service.

(June 27, 1952, ch. 477, title II, ch. 7, § 264, 66 Stat. 224; Pub. L. 99–653, § 10, Nov. 14, 1986, 100 Stat. 3657; Pub. L. 100–525, § 8(i), Oct. 24, 1988, 102 Stat. 2617; Pub. L. 101–649, title V, § 503(b)(2), Nov. 29, 1990, 104 Stat. 5049; Pub. L. 104–208, div. C, title IV, § 415, Sept. 30, 1996, 110 Stat. 3009–669.)Editorial NotesReferences in Text

The Alien Registration Act, 1940, referred to in subsec. (d), is act June 28, 1940, ch. 439, 54 Stat. 670. Title III of that act, which related to register and fingerprinting of aliens, was classified to sections 451 to 460 of this title, was repealed by section 403(a)(39) of act June 27, 1952.

This chapter, referred to in subsec. (d), 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.

Amendments

1996—Subsec. (f). Pub. L. 104–208 added subsec. (f).

1990—Subsec. (b). Pub. L. 101–649 inserted “(1) pursuant to section 1357(f)(2) of this title, and (2)” after “only”.

1988—Subsec. (a). Pub. L. 100–525 amended Pub. L. 99–653. See 1986 Amendment note below.

1986—Subsec. (a). Pub. L. 99–653, as amended by Pub. L. 100–525, amended first sentence generally, striking out “and fingerprinting” before “of aliens under section 1301”.

Statutory Notes and Related SubsidiariesEffective Date of 1988 Amendment

Amendment by Pub. L. 100–525 effective as if included in the enactment of the Immigration and Nationality Act Amendments of 1986, Pub. L. 99–653, see section 309(b)(15) of Pub. L. 102–232, set out as an Effective and Termination Dates of 1988 Amendments note under section 1101 of this title.

Effective Date of 1986 Amendment

Amendment by Pub. L. 99–653 applicable to applications for immigrant visas made, and visas issued, on or after Nov. 14, 1986, see section 23(b) of Pub. L. 99–653, set out as a note under section 1201 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.

Notes of Decisions

Cited in 99 cases (3 in the last 5 years), 1957–2026 · leading case: Arizona v. United States

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Arizona v. United States (2012) scotus · cites it 7× “8 U. S. C. §1304 (e). Other aspects, however, have stayed the same.”

United States v. Arizona (2011) ca9 · cites it 6× “§ 1304 (e), and penalties for willful failure to register, failure to notify change of address, fraudulent statements, and counterfeiting.”

United States v. State of Alabama (2012) ca11 · cites it 4× “An unlawfully present alien violates section 10 when he or she is found to be in violation of 8 U.S.C. §§ 1304 (e) or 8 U.S.C. § 1306 (a), the federal provisions governing alien registration.”

Davila v. United States (2017) pawd · cites it 8× “3 The Court previously granted the United States’ Motion to Dismiss 4 Davila’s false arrest and false imprisonment claims under the FTCA, concluding that Agent Tetrault had probable cause to request that local law enforcement detain Davila without a warrant under the authority…”

State v. Sarrabea (2013) la · cites it 7× “In reaching its decision, the First Circuit, citing 8 U.S.C. § 1304 (e), which requires every alien eighteen years of age or older to carry and have in his possession at all times any certificate of alien registration or alien registration receipt card, rejected the Fourth…”

United States v. Alabama (2011) alnd · cites it 25× “56 § 10, which creates a criminal misdemeanor violation under Alabama law for willful failure to complete or carry an alien registration document if the person is in violation of 8 U.S.C. § 1304 (e) or 8 U.S.C. § 1306 (a) and is unlawfully present in the United States.”

United States v. Alberto Ritter (1985) ca9 · cites it 4× “He was then formally arrested for violating 8 U.S.C. § 1304 (e), by willfully failing to carry his immigration documents.”

Estrada v. Rhode Island (2010) ca1 · cites it 2× “§ 1325 (improper entry by alien); 8 U.S.C. § 1304 (e) (personal possession of registration or receipt card).”

Martinez-Medina v. Holder (2010) ca9 · cites it 2× “4 (citing 8 U.S.C. § 1304 (e)), none of which criminalizes mere unlawful presence.”

Rajah v. Mukasey (2008) ca2 · cites it 2× “§ 1201 (b) (requiring registration as part of most visa applications); 8 U.S.C. § 1304 (d) (stating that all aliens who are required to register will be issued proof of registration).”

United States v. Arturo Gonzalez-Sandoval (1990) ca9 · cites it 2× “§ 1325 , and failure to carry documents in violation of 8 U.S.C. § 1304 (e). At the time of the arrest, the government was unaware that Gonzalez-Sandoval, using the alias Francisco Guillen, had been deported five days earlier.”

City of El Cenizo, Texas v. State of Texas (2018) ca5 “…possession any certificate of alien registration or alien registration receipt card" evidencing his lawful status. 8 U.S.C. § 1304 (e).”

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— 8 U.S.C. § 1304(d) — 1 case

Cheung Tin Wong v. United States Immigration and Naturalization Service (1972) cadc

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