§ 1302. Registration of aliens

Statutory text

It shall be the duty of every alien now or hereafter in the United States, who (1) is fourteen years of age or older, (2) has not been registered and fingerprinted under section 1201(b) of this title or section 30 or 31 of the Alien Registration Act, 1940, and (3) remains in the United States for thirty days or longer, to apply for registration and to be fingerprinted before the expiration of such thirty days.

It shall be the duty of every parent or legal guardian of any alien now or hereafter in the United States, who (1) is less than fourteen years of age, (2) has not been registered under section 1201(b) of this title or section 30 or 31 of the Alien Registration Act, 1940, and (3) remains in the United States for thirty days or longer, to apply for the registration of such alien before the expiration of such thirty days. Whenever any alien attains his fourteenth birthday in the United States he shall, within thirty days thereafter, apply in person for registration and to be fingerprinted.

The Attorney General may, in his discretion and on the basis of reciprocity pursuant to such regulations as he may prescribe, waive the requirement of fingerprinting specified in subsections (a) and (b) in the case of any nonimmigrant.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1952
Pub. L. 82–477 · 66 Stat. 609
Enacted · 8 U.S.C. § 1302
June 27, 1952, ch. 477, title II, ch. 7, § 262, 66 Stat. 224
Source evidence
Code source credit
June 27, 1952, ch. 477, title II, ch. 7, § 262, 66 Stat. 224
1986
Immigration and Nationality Act Amendments of 1986
Pub. L. 99–653 § 9 · 100 Stat. 3655
1. Amended · 8 U.S.C. § 1302
  Pub. L. 99–653, § 9, as amended by Pub. L. 100–525
2. Added · 8 U.S.C. § 1302
  Pub. L. 99–653, § 9, as added subsec. (c). As originally enacted, Pub. L. 99–653, § 9
3. Struck · 8 U.S.C. § 1302
  Pub. L. 99–653, § 9, as amended subsec. (a) of this section by striking out “section 1201(b) of this title or” after “registered and fingerprinted under”. Pub. L. 100–525 revised Pub. L. 99–653, § 9, so as to add subsec. (c) and eliminate the original amendment of subsec. (a), thereby restoring the words “section 1201(b) of this title or”. See Effective Date of 1988 Amendment note below
Source evidence
Code amendment note
Pub. L. 99–653, § 9, as amended by Pub. L. 100–525, added subsec. (c). As originally enacted, Pub. L. 99–653, § 9, amended subsec. (a) of this section by striking out “section 1201(b) of this title or” after “registered and fingerprinted under”. Pub. L. 100–525 revised Pub. L. 99–653, § 9, so as to add subsec. (c) and eliminate the original amendment of subsec. (a), thereby restoring the words “section 1201(b) of this title or”. See Effective Date of 1988 Amendment note below.
Enacted provision · exact public law section
Sec. 9. Subsection (a) of section 262 (8 U.S.C. 1302) is amended by deleting the words “section 221(b) of this Act or”.
1988
Immigration Technical Corrections Act of 1988
Pub. L. 100–525 § 8(h) · 102 Stat. 2609
Amended · 8 U.S.C. § 1302
Pub. L. 100–525 amended Pub. L. 99–653. See 1986 Amendment note below
Source evidence
Code amendment note
Pub. L. 100–525 amended Pub. L. 99–653. See 1986 Amendment note below.
Enacted provision · exact public law section
(8) In subsection (e)(1)(A)(ii), strike the first comma.
1994
Immigration and Nationality Technical Corrections Act of 1994
Pub. L. 103–416 title II § 219(n) · 108 Stat. 4305
Substituted · 8 U.S.C. § 1302(c)
Pub. L. 103–416 substituted “subsections (a) and (b)” for “subsection (a) and (b)”
Source evidence
Code amendment note
Subsec. (c). Pub. L. 103–416 substituted “subsections (a) and (b)” for “subsection (a) and (b)”.
Enacted provision · exact public law section
(n) Section 262(c) of the Immigration and Nationality Act (8 U.S.C. 1302(c)) is amended by striking “subsection (a) and (b)” and inserting “subsections (a) and (b)”.
Effective date note
Amendment by Pub. L. 103–416 effective as if included in the enactment of the Immigration Act of 1990, Pub. L. 101–649, see section 219(dd) of Pub. L. 103–416, set out as a note under section 1101 of this title.

5 of 6 references resolved to an enrolled provision · 1 partial

Editorial Notes

References in Text

The Alien Registration Act, 1940, referred to in subsecs. (a) and (b), is act June 28, 1940, ch. 439, 54 Stat. 670. Sections 30 and 31 of that act were classified to sections 451 and 452 of this title and were repealed by section 403(a)(39) of act June 27, 1952.

Amendments1986–1994 · 3 rounds

1994

Subsec. (c). Pub. L. 103–416 substituted “subsections (a) and (b)” for “subsection (a) and (b)”.

1988

Pub. L. 100–525 amended Pub. L. 99–653. See 1986 Amendment note below.

1986

Pub. L. 99–653, § 9, as amended by Pub. L. 100–525, added subsec. (c). As originally enacted, Pub. L. 99–653, § 9, amended subsec. (a) of this section by striking out “section 1201(b) of this title or” after “registered and fingerprinted under”. Pub. L. 100–525 revised Pub. L. 99–653, § 9, so as to add subsec. (c) and eliminate the original amendment of subsec. (a), thereby restoring the words “section 1201(b) of this title or”. See Effective Date of 1988 Amendment note below.

Statutory Notes and Related Subsidiaries

Effective Date of 1994 Amendment

Amendment by Pub. L. 103–416 effective as if included in the enactment of the Immigration Act of 1990, Pub. L. 101–649, see section 219(dd) of Pub. L. 103–416, set out as a note under section 1101 of this title.

Effective 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.

Effective Date

Section effective 180 days after June 27, 1952, see section 407 of act June 27, 1952, 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.

Credits

1952–1994 · 4 acts

1952June 27, 1952, ch. 477, title II, ch. 7, § 262, 66 Stat. 224
1986Pub. L. 99–653, § 9, Nov. 14, 1986, 100 Stat. 3657
1988Pub. L. 100–525, § 8(h), Oct. 24, 1988, 102 Stat. 2617
1994Pub. L. 103–416, title II, § 219(n), Oct. 25, 1994, 108 Stat. 4317.

Show as published

(June 27, 1952, ch. 477, title II, ch. 7, § 262, 66 Stat. 224; Pub. L. 99–653, § 9, Nov. 14, 1986, 100 Stat. 3657; Pub. L. 100–525, § 8(h), Oct. 24, 1988, 102 Stat. 2617; Pub. L. 103–416, title II, § 219(n), Oct. 25, 1994, 108 Stat. 4317.)