U.S. Code » Title 8 » Chapter CHAPTER 12— IMMIGRATION AND NATIONALITY › Subchapter SUBCHAPTER IV— REFUGEE ASSISTANCE

8 U.S.C. § 201

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(a) The Secretary shall, in accordance with the provisions of this title, make grants to State educational agencies for fiscal year 1981, and for each subsequent fiscal year, for the purposes of assisting local educational agencies of that State in providing basic education for eligible participants enrolled in elementary or secondary public schools. Payments made under this title to any State shall be used in accordance with applications approved under section 202 for public educational services for eligible participants enrolled in the elementary and secondary public schools under the jurisdiction of the local educational agencies of that State.“(b)(1) As soon as possible after the date of the enactment of the Consolidated Refugee Education Assistance Act [Aug. 13, 1981], the Secretary shall establish a formula (reflecting the availability of the full amount authorized for this title under section 203(b)) by which to determine the amount of the grant which each State educational agency is entitled to receive under this title for any fiscal year. The formula established by the Secretary shall take into account the number of years that an eligible participant assisted under this title has resided within the United States and the relative costs, by grade level, of providing education for elementary and secondary school children. On the basis of the formula the Secretary shall allocate among the State educational agencies, for each fiscal year, the amounts available to carry out this title, subject to such reductions or adjustments as may be required under paragraph (2) or subsection (c). Funds shall be allocated among State educational agencies pursuant to the formula without regard to variations in educational costs among different geographical areas.“(2) The amount of the grant to which a State educational agency is otherwise entitled for any fiscal year, as determined under paragraph (1), shall be reduced by the amounts made available for such fiscal year under any other Federal law for expenditure within the State for the same purposes as those for which funds are made available under this title, except that the reduction shall be made only to the extent that (A) such amounts are made available for such purposes specifically because of the refugee, parolee, or asylee status of the individuals to be served by such funds, and (B) such amounts are made available to provide assistance to individuals eligible for services under this title. The amount of the reduction required under this paragraph shall be determined by the Secretary in a manner consistent with subsection (c).“(3) For the purpose of this subsection, the term ‘State’ does not include Guam, American Samoa, the Virgin Islands, the Northern Mariana Islands, and the Trust Territory of the Pacific Islands. The entitlements of such jurisdictions shall be determined in the manner specified in section 103, but for purposes of this title and section 105 any payments made under section 103 for the purposes set forth in section 201(a) shall be considered to be payments under this title.“(c) Determinations by the Secretary under this title for any period with respect to the number of eligible participants and the amount of the reduction under subsection (b)(2) shall be made, whenever actual satisfactory data are not available, on the basis of estimates. No such determination shall operate because of an underestimate or overestimate to deprive any State educational agency of its entitlement to any payment (or the amount thereof) under this title to which such agency would be entitled had such determination been made on the basis of accurate data.
Notes of Decisions
Cited in 45 cases, 1928–2015 · leading case: United States v. Goldsmith
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United States v. Goldsmith (1940) ca2 · cites it 4× “The charge is based upon the allegations that the defendant advised and counseled six different aliens under the various circumstances set forth in the several counts in methods of procuring false evidence of their employment, earning capacity, and money on deposit in order to…”
United States v. Saena Tech Corporation (2015) dcd “Martin resigned as Chairman and CEO of Intelligent Decisions, pleaded guilty before this Court to one count of felony gratuity in violation of Í8 U.S.C. § 201(c)(1)(A), and was sentenced to three years of probation and a fine of $250,000.”
Carmichael v. Delaney (1948) ca9 “1 Immigration Act of May 26, 1924, 8 U.S.C.A. § 201 et seq.; Alien Registration Act, 1940, 8 U.”
United States Ex Rel. Heikkinen v. Gordon (1951) ca8 “The warrant charged that appellant was subject to deportation for the reasons: (1) that he violated the Immigration Act of May 26, 1924, 8 U.S.C.A. § 201 et seq., in that at the time of entry he was not in possession of a valid immigration visa; (2) that he violated the Act of…”
Vincenzo Anselmo v. H. L. Hardin, District Director of Immigration and Naturalization for the 21st Immigration District (1958) ca3 “8 U.S.C. § 201 et seq. (1940 ed.) ; Immigration Act of 1924, May 26, 1924, P.”
Sleddens v. Shaughnessy (1949) ca2 “Upon the expiration of the extension an immigration warrant of arrest was issued charging the relator with a violation of the Immigration Act of 1924, 8 U.S.C.A. § 201 et seq., on two grounds: (1) That he had remained in the United States for a longer time than permitted under…”
Moraitis v. Delany (1942) mdd “Moraitis had a brother and some cousins in Baltimore and received employment here by or through them in a restaurant and was so occupied from about the time of his arrival in November 1939 until he was arrested on June 24, 1942 on the warrant charging that he was subject to…”
North German Lloyd v. Elting (1931) ca2 “]) has abolished the requirement that a carrier determine at its peril by a competent medical examination at the port of foreign embarkation whether the alien is afflicted with a physical defect which excludes him from admission. The statute will not permit of such a…”
United States of America, Ex Rel. Bruno Carson or Bruno Carasaniti v. J. S. Kershner, Officer in Charge (1955) ca6 “Therefore, an alien entering as a stowaway after that date could acquire no immunity to deportation by the passage of time.”
Castro-Louzan v. Zimmerman (1950) paed “On August 7, 1950, an Immigration warrant of arrest was issued charging Relator with being in the United States in violation of the Immigration Act of May 26, 1924, 8 U.S.C.A. § 201 et seq., in that he had remained in the United States longer than permitted under said Act or…”
United States v. Parisi (1938) mdd · cites it 2× “540 (now amended by the Immigration Act of 1924, 8 U.S.C.A. § 201 et seq.). It is not disputed that Parisi’s entry in 1922 was unlawful.”
Paris v. Shaughnessy (1956) nysd “155 , 8 U.S.C. § 201 et seq., now § 1101(a) (27) (B).”
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— 8 U.S.C. § 201(c)(1)(A) — 1 case
United States v. Saena Tech Corporation (2015) dcd “Martin resigned as Chairman and CEO of Intelligent Decisions, pleaded guilty before this Court to one count of felony gratuity in violation of Í8 U.S.C. § 201(c)(1)(A), and was sentenced to three years of probation and a fine of $250,000.”
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