8 U.S.C. § 1367 : US Code - Section 1367: Penalties for disclosure of information

Search 8 U.S.C. § 1367 : US Code - Section 1367: Penalties for disclosure of information

(a) In general
Except as provided in subsection (b) of this section, in no case
may the Attorney General, or any other official or employee of the
Department of Justice, the Secretary of Homeland Security, the
Secretary of State, or any other official or employee of the
Department of Homeland Security or Department of State (including
any bureau or agency of either of such Departments) - 
(1) make an adverse determination of admissibility or
deportability of an alien under the Immigration and Nationality
Act [8 U.S.C. 1101 et seq.] using information furnished solely by
- 
(A) a spouse or parent who has battered the alien or
subjected the alien to extreme cruelty,
(B) a member of the spouse's or parent's family residing in
the same household as the alien who has battered the alien or
subjected the alien to extreme cruelty when the spouse or
parent consented to or acquiesced in such battery or cruelty,
(C) a spouse or parent who has battered the alien's child or
subjected the alien's child to extreme cruelty (without the
active participation of the alien in the battery or extreme
cruelty),
(D) a member of the spouse's or parent's family residing in
the same household as the alien who has battered the alien's
child or subjected the alien's child to extreme cruelty when
the spouse or parent consented to or acquiesced in such battery
or cruelty and the alien did not actively participate in such
battery or cruelty,
(E) in the case of an alien applying for status under section
101(a)(15)(U) of the Immigration and Nationality Act [8 U.S.C.
1101(a)(15)(U)], the perpetrator of the substantial physical or
mental abuse and the criminal activity,(!1)
(F) in the case of an alien applying for status under section
101(a)(15)(T) of the Immigration and Nationality Act (8 U.S.C.
1101(a)(15)(T)), under section 7105(b)(1)(E)(i)(II)(bb) of
title 22, under section 244(a)(3) of the Immigration and
Nationality Act (8 U.S.C. 1254a(a)(3)), as in effect prior to
March 31, 1999, or as a VAWA self-petitioner (as defined in
section 101(a)(51) of the Immigration and Nationality Act (8
U.S.C. 1101(a)(51)) (!2), the trafficker or perpetrator,
unless the alien has been convicted of a crime or crimes listed
in section 241(a)(2) of the Immigration and Nationality Act [8
U.S.C. 1227(a)(2)]; or
(2) permit use by or disclosure to anyone (other than a sworn
officer or employee of the Department, or bureau or agency
thereof, for legitimate Department, bureau, or agency purposes)
of any information which relates to an alien who is the
beneficiary of an application for relief under paragraph (15)(T),
(15)(U), or (51) of section 101(a) of the Immigration and
Nationality Act [8 U.S.C. 1101(a)(15)(T), (U), (51)] or section
240A(b)(2) of such Act [8 U.S.C. 1229b(b)(2)].
The limitation under paragraph (2) ends when the application for
relief is denied and all opportunities for appeal of the denial
have been exhausted.
(b) Exceptions
(1) The Attorney General may provide, in the Attorney General's
discretion, for the disclosure of information in the same manner
and circumstances as census information may be disclosed by the
Secretary of Commerce under section 8 of title 13.
(2) The Attorney General may provide in the discretion of the
Attorney General for the disclosure of information to law
enforcement officials to be used solely for a legitimate law
enforcement purpose.
(3) Subsection (a) of this section shall not be construed as
preventing disclosure of information in connection with judicial
review of a determination in a manner that protects the
confidentiality of such information.
(4) Subsection (a)(2) of this section shall not apply if all the
battered individuals in the case are adults and they have all
waived the restrictions of such subsection.
(5) The Attorney General is authorized to disclose information,
to Federal, State, and local public and private agencies providing
benefits, to be used solely in making determinations of eligibility
for benefits pursuant to section 1641(c) of this title.
(6) Subsection (a) of this section may not be construed to
prevent the Attorney General and the Secretary of Homeland Security
from disclosing to the chairmen and ranking members of the
Committee on the Judiciary of the Senate or the Committee on the
Judiciary of the House of Representatives, for the exercise of
congressional oversight authority, information on closed cases
under this section in a manner that protects the confidentiality of
such information and that omits personally identifying information
(including locational information about individuals).
(7) Government entities adjudicating applications for relief
under subsection (a)(2) of this section, and government personnel
carrying out mandated duties under section 101(i)(1) of the
Immigration and Nationality Act [8 U.S.C. 1101(i)(1)], may, with
the prior written consent of the alien involved, communicate with
nonprofit, nongovernmental victims' service providers for the sole
purpose of assisting victims in obtaining victim services from
programs with expertise working with immigrant victims. Agencies
receiving referrals are bound by the provisions of this section.
Nothing in this paragraph shall be construed as affecting the
ability of an applicant to designate a safe organization through
whom governmental agencies may communicate with the applicant.
(c) Penalties for violations
Anyone who willfully uses, publishes, or permits information to
be disclosed in violation of this section or who knowingly makes a
false certification under section 239(e) of the Immigration and
Nationality Act [8 U.S.C. 1229(e)] shall be subject to appropriate
disciplinary action and subject to a civil money penalty of not
more than $5,000 for each such violation.
(d) Guidance
The Attorney General and the Secretary of Homeland Security shall
provide guidance to officers and employees of the Department of
Justice or the Department of Homeland Security who have access to
information covered by this section regarding the provisions of
this section, including the provisions to protect victims of
domestic violence from harm that could result from the
inappropriate disclosure of covered information.