8 U.S.C. § 1357 : US Code - Section 1357: Powers of immigration officers and employees

Search 8 U.S.C. § 1357 : US Code - Section 1357: Powers of immigration officers and employees

(a) Powers without warrant
Any officer or employee of the Service authorized under
regulations prescribed by the Attorney General shall have power
without warrant - 
(1) to interrogate any alien or person believed to be an alien
as to his right to be or to remain in the United States;
(2) to arrest any alien who in his presence or view is entering
or attempting to enter the United States in violation of any law
or regulation made in pursuance of law regulating the admission,
exclusion, expulsion, or removal of aliens, or to arrest any
alien in the United States, if he has reason to believe that the
alien so arrested is in the United States in violation of any
such law or regulation and is likely to escape before a warrant
can be obtained for his arrest, but the alien arrested shall be
taken without unnecessary delay for examination before an officer
of the Service having authority to examine aliens as to their
right to enter or remain in the United States;
(3) within a reasonable distance from any external boundary of
the United States, to board and search for aliens any vessel
within the territorial waters of the United States and any
railway car, aircraft, conveyance, or vehicle, and within a
distance of twenty-five miles from any such external boundary to
have access to private lands, but not dwellings, for the purpose
of patrolling the border to prevent the illegal entry of aliens
into the United States;
(4) to make arrests for felonies which have been committed and
which are cognizable under any law of the United States
regulating the admission, exclusion, expulsion, or removal of
aliens, if he has reason to believe that the person so arrested
is guilty of such felony and if there is likelihood of the person
escaping before a warrant can be obtained for his arrest, but the
person arrested shall be taken without unnecessary delay before
the nearest available officer empowered to commit persons charged
with offenses against the laws of the United States; and
(5) to make arrests - 
(A) for any offense against the United States, if the offense
is committed in the officer's or employee's presence, or
(B) for any felony cognizable under the laws of the United
States, if the officer or employee has reasonable grounds to
believe that the person to be arrested has committed or is
committing such a felony,
if the officer or employee is performing duties relating to the
enforcement of the immigration laws at the time of the arrest and
if there is a likelihood of the person escaping before a warrant
can be obtained for his arrest.
Under regulations prescribed by the Attorney General, an officer or
employee of the Service may carry a firearm and may execute and
serve any order, warrant, subpoena, summons, or other process
issued under the authority of the United States. The authority to
make arrests under paragraph (5)(B) shall only be effective on and
after the date on which the Attorney General publishes final
regulations which (i) prescribe the categories of officers and
employees of the Service who may use force (including deadly force)
and the circumstances under which such force may be used, (ii)
establish standards with respect to enforcement activities of the
Service, (iii) require that any officer or employee of the Service
is not authorized to make arrests under paragraph (5)(B) unless the
officer or employee has received certification as having completed
a training program which covers such arrests and standards
described in clause (ii), and (iv) establish an expedited, internal
review process for violations of such standards, which process is
consistent with standard agency procedure regarding confidentiality
of matters related to internal investigations.
(b) Administration of oath; taking of evidence
Any officer or employee of the Service designated by the Attorney
General, whether individually or as one of a class, shall have
power and authority to administer oaths and to take and consider
evidence concerning the privilege of any person to enter, reenter,
pass through, or reside in the United States, or concerning any
matter which is material or relevant to the enforcement of this
chapter and the administration of the Service; and any person to
whom such oath has been administered, (or who has executed an
unsworn declaration, certificate, verification, or statement under
penalty of perjury as permitted under section 1746 of title 28)
under the provisions of this chapter, who shall knowingly or
willfully give false evidence or swear (or subscribe under penalty
of perjury as permitted under section 1746 of title 28) to any
false statement concerning any matter referred to in this
subsection shall be guilty of perjury and shall be punished as
provided by section 1621 of title 18.
(c) Search without warrant
Any officer or employee of the Service authorized and designated
under regulations prescribed by the Attorney General, whether
individually or as one of a class, shall have power to conduct a
search, without warrant, of the person, and of the personal effects
in the possession of any person seeking admission to the United
States, concerning whom such officer or employee may have
reasonable cause to suspect that grounds exist for denial of
admission to the United States under this chapter which would be
disclosed by such search.
(d) Detainer of aliens for violation of controlled substances laws
In the case of an alien who is arrested by a Federal, State, or
local law enforcement official for a violation of any law relating
to controlled substances, if the official (or another official) - 
(1) has reason to believe that the alien may not have been
lawfully admitted to the United States or otherwise is not
lawfully present in the United States,
(2) expeditiously informs an appropriate officer or employee of
the Service authorized and designated by the Attorney General of
the arrest and of facts concerning the status of the alien, and
(3) requests the Service to determine promptly whether or not
to issue a detainer to detain the alien,
the officer or employee of the Service shall promptly determine
whether or not to issue such a detainer. If such a detainer is
issued and the alien is not otherwise detained by Federal, State,
or local officials, the Attorney General shall effectively and
expeditiously take custody of the alien.
(e) Restriction on warrantless entry in case of outdoor
agricultural operations
Notwithstanding any other provision of this section other than
paragraph (3) of subsection (a) of this section, an officer or
employee of the Service may not enter without the consent of the
owner (or agent thereof) or a properly executed warrant onto the
premises of a farm or other outdoor agricultural operation for the
purpose of interrogating a person believed to be an alien as to the
person's right to be or to remain in the United States.
(f) Fingerprinting and photographing of certain aliens
(1) Under regulations of the Attorney General, the Commissioner
shall provide for the fingerprinting and photographing of each
alien 14 years of age or older against whom a proceeding is
commenced under section 1229a of this title.
(2) Such fingerprints and photographs shall be made available to
Federal, State, and local law enforcement agencies, upon request.
(g) Performance of immigration officer functions by State officers
and employees
(1) Notwithstanding section 1342 of title 31, the Attorney
General may enter into a written agreement with a State, or any
political subdivision of a State, pursuant to which an officer or
employee of the State or subdivision, who is determined by the
Attorney General to be qualified to perform a function of an
immigration officer in relation to the investigation, apprehension,
or detention of aliens in the United States (including the
transportation of such aliens across State lines to detention
centers), may carry out such function at the expense of the State
or political subdivision and to the extent consistent with State
and local law.
(2) An agreement under this subsection shall require that an
officer or employee of a State or political subdivision of a State
performing a function under the agreement shall have knowledge of,
and adhere to, Federal law relating to the function, and shall
contain a written certification that the officers or employees
performing the function under the agreement have received adequate
training regarding the enforcement of relevant Federal immigration
laws.
(3) In performing a function under this subsection, an officer or
employee of a State or political subdivision of a State shall be
subject to the direction and supervision of the Attorney General.
(4) In performing a function under this subsection, an officer or
employee of a State or political subdivision of a State may use
Federal property or facilities, as provided in a written agreement
between the Attorney General and the State or subdivision.
(5) With respect to each officer or employee of a State or
political subdivision who is authorized to perform a function under
this subsection, the specific powers and duties that may be, or are
required to be, exercised or performed by the individual, the
duration of the authority of the individual, and the position of
the agency of the Attorney General who is required to supervise and
direct the individual, shall be set forth in a written agreement
between the Attorney General and the State or political
subdivision.
(6) The Attorney General may not accept a service under this
subsection if the service will be used to displace any Federal
employee.
(7) Except as provided in paragraph (8), an officer or employee
of a State or political subdivision of a State performing functions
under this subsection shall not be treated as a Federal employee
for any purpose other than for purposes of chapter 81 of title 5
(relating to compensation for injury) and sections 2671 through
2680 of title 28 (relating to tort claims).
(8) An officer or employee of a State or political subdivision of
a State acting under color of authority under this subsection, or
any agreement entered into under this subsection, shall be
considered to be acting under color of Federal authority for
purposes of determining the liability, and immunity from suit, of
the officer or employee in a civil action brought under Federal or
State law.
(9) Nothing in this subsection shall be construed to require any
State or political subdivision of a State to enter into an
agreement with the Attorney General under this subsection.
(10) Nothing in this subsection shall be construed to require an
agreement under this subsection in order for any officer or
employee of a State or political subdivision of a State - 
(A) to communicate with the Attorney General regarding the
immigration status of any individual, including reporting
knowledge that a particular alien is not lawfully present in the
United States; or
(B) otherwise to cooperate with the Attorney General in the
identification, apprehension, detention, or removal of aliens not
lawfully present in the United States.
(h) Protecting abused juveniles
An alien described in section 1101(a)(27)(J) of this title who
has been battered, abused, neglected, or abandoned, shall not be
compelled to contact the alleged abuser (or family member of the
alleged abuser) at any stage of applying for special immigrant
juvenile status, including after a request for the consent of the
Secretary of Homeland Security under section 1101(a)(27)(J)(iii)(I)
of this title.