Reference Citation

Immigration and Nationality Act of 1952 As Amended

Title I. General

Sec. 103. Powers and duties of the Secretary, the Under Secretary, and the Secretary of Homeland Security

(a)

(1) The Secretary of Homeland Security shall be charged with the administration

and enforcement of this Act and all other laws relating to the immigration and

naturalization of aliens, except insofar as this Act or such laws relate to the

powers, functions, and duties conferred upon the President, Attorney General,

the Secretary of State, the officers of the Department of State, or diplomatic

or consular officers: Provided, however, That determination and ruling by the

Attorney General with respect to all questions of law shall be controlling.

(2) He shall have control, direction, and supervision of all employees and of

all the files and records of the Service.

(3) He shall establish such regulations; prescribe such forms of bond, reports,

entries, and other papers; issue such instructions; and perform such other acts

as he deems necessary for carrying out his authority under the provisions of

this Act.

(4) He may require or authorize any employee of the Service or the Department

of Justice to perform or exercise any of the powers, privileges, or duties

conferred or imposed by this Act or regulations issued thereunder upon any

other employee of the Service.

(5) He shall have the power and duty to control and guard the boundaries and

borders of the United States against the illegal entry of aliens and shall, in

his discretion, appoint for that purpose such number of employees of the

Service as to him shall appear necessary and proper.

(6) He is authorized to confer or impose upon any employee of the United

States, with the consent of the head of the Department or other independent

establishment under whose jurisdiction the employee is serving, any of the

powers, privileges, or duties conferred or imposed by this Act or regulations

issued thereunder upon officers or employees of the Service.

(7) He may, with the concurrence of the Secretary of State, establish offices

of the Service in foreign countries; and, after consultation with the Secretary

of State, he may, whenever in his judgment such action may be necessary to

accomplish the purposes of this Act, detail employees of the Service for duty

in foreign countries.

(8) After consultation with the Secretary of State, the Attorney General may

authorize officers of a foreign country to be stationed at preclearance

facilities in the United States for the purpose of ensuring that persons

traveling from or through the United States to that foreign country comply with

that country's immigration and related laws.

(9) Those officers may exercise such authority and perform such duties as

United States immigration officers are authorized to exercise and perform in

that foreign country under reciprocal agreement, and they shall enjoy such

reasonable privileges and immunities necessary for the performance of their

duties as the government of their country extends to United States immigration

officers.

(10) In the event the Attorney General determines that an actual or imminent

mass influx of aliens arriving off the coast of the United States, or near a

land border, presents urgent circumstances requiring an immediate Federal

response, the Attorney General may authorize any State or local law enforcement

officer, with the consent of the head of the department, agency, or

establishment under whose jurisdiction the individual is serving, to perform or

exercise any of the powers, privileges, or duties conferred or imposed by this

Act or regulations issued thereunder upon officers or employees of the Service.

(11) The Attorney General, in support of persons in administrative detention in

non-Federal institutions, is authorized-

(A) to make payments from funds appropriated for the administration and

enforcement of the laws relating to immigration, naturalization, and alien

registration for necessary clothing, medical care, necessary guard hire, and

the housing, care, and security of persons detained by the Service pursuant

to Federal law under an agreement with a State or political subdivision of a

State; and

(B) to enter into a cooperative agreement with any State, territory, or

political subdivision thereof, for the necessary construction, physical

renovation, acquisition of equipment, supplies or materials required to

establish acceptable conditions of confinement and detention services in any

State or unit of local government which agrees to provide guaranteed bed

space for persons detained by the Service.