8 U.S.C. § 1360 | Establishment of central file; information from other departments and agencies

(a)

Establishment of central file

There shall be established in the office of the Commissioner, for the use of security and enforcement agencies of the Government of the United States, a central index, which shall contain the names of all aliens heretofore admitted or denied admission to the United States, insofar as such information is available from the existing records of the Service, and the names of all aliens hereafter admitted or denied admission to the United States, the names of their sponsors of record, if any, and such other relevant information as the Attorney General shall require as an aid to the proper enforcement of this chapter.

(b)

Information from other departments and agencies

Any information in any records kept by any department or agency of the Government as to the identity and location of aliens in the United States shall be made available to the Service upon request made by the Attorney General to the head of any such department or agency.

(c)

Reports on social security account numbers and earnings of aliens not authorized to work

(1)

Not later than 3 months after the end of each fiscal year (beginning with fiscal year 1996), the Commissioner of Social Security shall report to the Committees on the Judiciary of the House of Representatives and the Senate on the aggregate quantity of social security account numbers issued to aliens not authorized to be employed, with respect to which, in such fiscal year, earnings were reported to the Social Security Administration.

(2)

January 1, 1997 If earnings are reported on or after , to the Social Security Administration on a social security account number issued to an alien not authorized to work in the United States, the Commissioner of Social Security shall provide the Attorney General with information regarding the name and address of the alien, the name and address of the person reporting the earnings, and the amount of the earnings. The information shall be provided in an electronic form agreed upon by the Commissioner and the Attorney General.

(d)

Certification of search of Service records

A written certification signed by the Attorney General or by any officer of the Service designated by the Attorney General to make such certification, that after diligent search no record or entry of a specified nature is found to exist in the records of the Service, shall be admissible as evidence in any proceeding as evidence that the records of the Service contain no such record or entry, and shall have the same effect as the testimony of a witness given in open court.

June 27, 1952, ch. 477 66 Stat. 234 Pub. L. 100–525, § 9(q)Oct. 24, 1988102 Stat. 2621 Pub. L. 104–208, div. C, title III, § 308(d)(4)(M)Sept. 30, 1996110 Stat. 3009–618(, title II, ch. 9, § 290, ; , , ; , title IV, § 414(a), , , 3009–669.)

Editorial Notes

References in Text

act June 27, 1952, ch. 477 66 Stat. 163 section 1101 of this titleThis chapter, referred to in subsec. (a), was in the original, “this Act”, meaning , , 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 and Tables.

Amendments

Pub. L. 104–208, § 308(d)(4)(M)1996—Subsec. (a). , substituted “admitted or denied admission to the United States” for “admitted to the United States, or excluded therefrom” in two places.

Pub. L. 104–208, § 414(a)Subsec. (c). , amended subsec. (c) generally. Prior to amendment, subsec. (c) read as follows: “The Secretary of Health and Human Services shall notify the Attorney General upon request whenever any alien is issued a social security account number and social security card. The Secretary shall also furnish such available information as may be requested by the Attorney General regarding the identity and location of aliens in the United States.”

Pub. L. 100–5251988—Subsec. (c). substituted “Secretary of Health and Human Services” for “Federal Security Administrator” and “The Secretary” for “The Administrator”.

Statutory Notes and Related Subsidiaries

Effective Date of 1996 Amendment

section 308(d)(4)(M) of Pub. L. 104–208Sept. 30, 1996section 309 of Pub. L. 104–208 section 1101 of this titleAmendment by effective, with certain transitional provisions, on the first day of the first month beginning more than 180 days after , see , set out as a note under .

Abolition of Immigration and Naturalization Service and Transfer of Functions

section 1551 of this titleFor abolition of Immigration and Naturalization Service, transfer of functions, and treatment of related references, see note set out under .

Report on Fraudulent Use of Social Security Account Numbers

Pub. L. 104–208, div. C, title IV, § 414(b)Sept. 30, 1996110 Stat. 3009–669 Pub. L. 108–156, § 3(d)Dec. 3, 2003117 Stat. 1945Sept. 30, 1996, , , as amended by , , , directed the Commissioner of Social Security to transmit to the Secretary of Homeland Security, by not later than 1 year after , a report on the extent to which social security account numbers and cards were used by aliens for fraudulent purposes.