8 U.S.C. § 1360

Establishment of central file; information from other departments and agencies

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(a) Establishment of central file

There shall be established in the office of the Commissioner, for the use of security and enforcement agencies of the Government of the United States, a central index, which shall contain the names of all aliens heretofore admitted or denied admission to the United States, insofar as such information is available from the existing records of the Service, and the names of all aliens hereafter admitted or denied admission to the United States, the names of their sponsors of record, if any, and such other relevant information as the Attorney General shall require as an aid to the proper enforcement of this chapter.

(b) Information from other departments and agencies

Any information in any records kept by any department or agency of the Government as to the identity and location of aliens in the United States shall be made available to the Service upon request made by the Attorney General to the head of any such department or agency.

(c) Reports on social security account numbers and earnings of aliens not authorized to work(1) Not later than 3 months after the end of each fiscal year (beginning with fiscal year 1996), the Commissioner of Social Security shall report to the Committees on the Judiciary of the House of Representatives and the Senate on the aggregate quantity of social security account numbers issued to aliens not authorized to be employed, with respect to which, in such fiscal year, earnings were reported to the Social Security Administration.(2) If earnings are reported on or after January 1, 1997, to the Social Security Administration on a social security account number issued to an alien not authorized to work in the United States, the Commissioner of Social Security shall provide the Attorney General with information regarding the name and address of the alien, the name and address of the person reporting the earnings, and the amount of the earnings. The information shall be provided in an electronic form agreed upon by the Commissioner and the Attorney General.(d) Certification of search of Service records

A written certification signed by the Attorney General or by any officer of the Service designated by the Attorney General to make such certification, that after diligent search no record or entry of a specified nature is found to exist in the records of the Service, shall be admissible as evidence in any proceeding as evidence that the records of the Service contain no such record or entry, and shall have the same effect as the testimony of a witness given in open court.

(June 27, 1952, ch. 477, title II, ch. 9, § 290, 66 Stat. 234; Pub. L. 100–525, § 9(q), Oct. 24, 1988, 102 Stat. 2621; Pub. L. 104–208, div. C, title III, § 308(d)(4)(M), title IV, § 414(a), Sept. 30, 1996, 110 Stat. 3009–618, 3009–669.)Editorial NotesReferences in Text

This chapter, referred to in subsec. (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.

Amendments

1996—Subsec. (a). Pub. L. 104–208, § 308(d)(4)(M), substituted “admitted or denied admission to the United States” for “admitted to the United States, or excluded therefrom” in two places.

Subsec. (c). Pub. L. 104–208, § 414(a), amended subsec. (c) generally. Prior to amendment, subsec. (c) read as follows: “The Secretary of Health and Human Services shall notify the Attorney General upon request whenever any alien is issued a social security account number and social security card. The Secretary shall also furnish such available information as may be requested by the Attorney General regarding the identity and location of aliens in the United States.”

1988—Subsec. (c). Pub. L. 100–525 substituted “Secretary of Health and Human Services” for “Federal Security Administrator” and “The Secretary” for “The Administrator”.

Statutory Notes and Related SubsidiariesEffective Date of 1996 Amendment

Amendment by section 308(d)(4)(M) 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.

Report on Fraudulent Use of Social Security Account Numbers

Pub. L. 104–208, div. C, title IV, § 414(b), Sept. 30, 1996, 110 Stat. 3009–669, as amended by Pub. L. 108–156, § 3(d), Dec. 3, 2003, 117 Stat. 1945, directed the Commissioner of Social Security to transmit to the Secretary of Homeland Security, by not later than 1 year after Sept. 30, 1996, a report on the extent to which social security account numbers and cards were used by aliens for fraudulent purposes.

Notes of Decisions

Cited in 10 cases, 1988–2019 · leading case: United States v. Francisco Mateo-Mendez

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United States v. Francisco Mateo-Mendez (2000) ca9 · cites it 4× “Mateo cites 8 U.S.C. § 1360 (d) and 8 C.F.R. § 103.7 (d)(4).”

United States v. State of California (2019) ca9 “, 8 U.S.C. § 1360 (a) (mandating the inclusion of “such other relevant information as the Attorney General shall require as an aid” to the creation of a central index of noncitizens entering the country); id.”

Dent v. Holder (2010) ca9 “8U.S.C. § 1360. 14 . Dent argues that the A-file showed that Dent’s adoptive mother was granted a type of visa for him available only if she was a United States citizen.”

City & Cnty. of S.F. v. Sessions (2018) cand “" In other provisions of the INA, Congress used language such as "information regarding the name and address of the alien," 8 U.S.C. § 1360 (c)(2), information "about the alien's nationality, circumstances, habits, associations, and activities," id.”

Split Rail Fence Co. v. United States (2017) ca10 “” 8 U.S.C. § 1360 (a). The Department of Homeland Security (“DHS”) maintains the Central Index System (“CIS”) database, which contains a record of immigrant and nonimmigrant status information.”

Ayuda, Inc. v. Meese (1988) dcd “INA Section 290(a), 8 U.S.C. § 1360 (a) ("security and enforcement agencies of the Government"); INA § 214(c), 8 U.”

United States v. Gonzalez Ramirez (2005) ca5 “We have held that a that a certifícate of nonexistence of record, 8 U.S.C. § 1360 (d), is sufficient to satisfy Government’s burden of proving that the Attorney General had not consented to an application for reentry.”

Split Rail Fence Co. v. United States (2016) ca10 · cites it 2× “” 8 U.S.C. § 1360 (a). The Department of Homeland Security (“DHS”) maintains the Central Index System (“CIS”) database, which contains a record of immigrant and nonimmigrant status information.”

United States v. Figueroa (2000) ca10 “” 8 U.S.C. § 1360 (d). Thus, the government produced evidence from which the jury could conclude that Figueroa had not applied for readmission to the United States nor had he been granted admission by the Attorney General, an obvious first step to becoming a naturalized citizen.”

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