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.