§ 1304. Forms for registration and fingerprinting

Statutory text

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.

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.

Information under oath

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.

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.

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.

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.

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. § 1304
June 27, 1952, ch. 477, title II, ch. 7, § 264, 66 Stat. 224
Source evidence
Code source credit
June 27, 1952, ch. 477, title II, ch. 7, § 264, 66 Stat. 224
1986
Immigration and Nationality Act Amendments of 1986
Pub. L. 99–653 § 10 · 100 Stat. 3655
1. Amended · 8 U.S.C. § 1304(a)
  Pub. L. 99–653, as amended by Pub. L. 100–525
2. Amended · 8 U.S.C. § 1304(a)
  Pub. L. 99–653, as amended first sentence generally
3. Struck · 8 U.S.C. § 1304(a)
  Pub. L. 99–653, as striking out “and fingerprinting” before “of aliens under section 1301”
Source evidence
Code amendment note
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”.
Enacted provision · exact public law section
Sec. 10. The first sentence of section 264(a) (8 U.S.C. 1304) is amended to read: “(a) The Attorney General and the Secretary of State jointly are authorized and directed to prepare forms for the registration of aliens under section 261 of this title, and the Attorney General is authorized and directed to prepare forms for the registration and fingerprinting of aliens under section 262 of this title.”.
Effective date note
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.
1988
Immigration Technical Corrections Act of 1988
Pub. L. 100–525 § 8(i) · 102 Stat. 2609
Amended · 8 U.S.C. § 1304(a)
Pub. L. 100–525 amended Pub. L. 99–653. See 1986 Amendment note below
Source evidence
Code amendment note
Subsec. (a). 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.
Effective date note
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.
1990
Immigration Act of 1990
Pub. L. 101–649 title V § 503(b)(2) · 104 Stat. 4978
Inserted · 8 U.S.C. § 1304(b)
Pub. L. 101–649 inserted “(1) pursuant to section 1357(f)(2) of this title, and (2)” after “only”
Source evidence
Code amendment note
Subsec. (b). Pub. L. 101–649 inserted “(1) pursuant to section 1357(f)(2) of this title, and (2)” after “only”.
Enacted provision · exact public law section
(2) Section 264(b) (8 U.S.C. 1304(b)) is amended by inserting “(1) pursuant to section 287(f)(2), and (2)” after “only”.
1996
Pub. L. 104–208 div. C title IV § 415 · 110 Stat. 3009
Added · 8 U.S.C. § 1304(f)
Pub. L. 104–208 added subsec. (f)
Source evidence
Code amendment note
Subsec. (f). Pub. L. 104–208 added subsec. (f).
Enacted provision · exact public law section
SEC. 415. AUTHORIZING MAINTENANCE OF CERTAIN INFORMATION ON ALIENS. Section 264 (8 U.S.C. 1304) is amended by adding at the end the following new subsection: “(f) 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.”.

6 of 7 references resolved to an enrolled provision · 1 partial

Editorial Notes

References 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.

Amendments1986–1996 · 4 rounds

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 Subsidiaries

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.

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

1952–1996 · 5 acts

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

Show as published

(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.)