U.S Code last checked for updates: Apr 27, 2024
All TitlesTitle 8Chapter 12Subchapter IIPart IX
§ 1365a.
Integrated entry and exit data system
(a)
Requirement
(b)
Integrated entry and exit data system defined
For purposes of this section, the term “integrated entry and exit data system” means an electronic system that—
(1)
provides access to, and integrates, alien arrival and departure data that are—
(A)
authorized or required to be created or collected under law;
(B)
in an electronic format; and
(C)
in a data base of the Department of Justice or the Department of State, including those created or used at ports of entry and at consular offices;
(2)
uses available data described in paragraph (1) to produce a report of arriving and departing aliens by country of nationality, classification as an immigrant or nonimmigrant, and date of arrival in, and departure from, the United States;
(3)
matches an alien’s available arrival data with the alien’s available departure data;
(4)
assists the Attorney General (and the Secretary of State, to the extent necessary to carry out such Secretary’s obligations under immigration law) to identify, through on-line searching procedures, lawfully admitted nonimmigrants who may have remained in the United States beyond the period authorized by the Attorney General; and
(5)
otherwise uses available alien arrival and departure data described in paragraph (1) to permit the Attorney General to make the reports required under subsection (e).
(c)
Construction
(1)
No additional authority to impose documentary or data collection requirements
Nothing in this section shall be construed to permit the Attorney General or the Secretary of State to impose any new documentary or data collection requirements on any person in order to satisfy the requirements of this section, including—
(A)
requirements on any alien for whom the documentary requirements in section 1182(a)(7)(B) of this title have been waived by the Attorney General and the Secretary of State under section 1182(d)(4)(B) of this title; or
(B)
requirements that are inconsistent with the USMCA (as defined in section 4502 of title 19).
(2)
No reduction of authority
(d)
Deadlines
(1)
Airports and seaports
(2)
High-traffic land border ports of entry
(3)
Remaining data
(e)
Reports
(1)
In general
(2)
Information
Each report shall include the following information with respect to the preceding fiscal year, and an analysis of that information:
(A)
The number of aliens for whom departure data was collected during the reporting period, with an accounting by country of nationality of the departing alien.
(B)
The number of departing aliens whose departure data was successfully matched to the alien’s arrival data, with an accounting by the alien’s country of nationality and by the alien’s classification as an immigrant or nonimmigrant.
(C)
The number of aliens who arrived pursuant to a nonimmigrant visa, or as a visitor under the visa waiver program under section 1187 of this title, for whom no matching departure data have been obtained through the system or through other means as of the end of the alien’s authorized period of stay, with an accounting by the alien’s country of nationality and date of arrival in the United States.
(D)
The number of lawfully admitted nonimmigrants identified as having remained in the United States beyond the period authorized by the Attorney General, with an accounting by the alien’s country of nationality.
(f)
Authority to provide access to system
(1)
In general
(2)
Other law enforcement officials
(g)
Use of task force recommendations
(h)
Authorization of appropriations
(Pub. L. 104–208, div. C, title I, § 110, Sept. 30, 1996, 110 Stat. 3009–558; Pub. L. 105–259, § 1, Oct. 15, 1998, 112 Stat. 1918; Pub. L. 105–277, div. A, § 101(b) [title I, § 116], Oct. 21, 1998, 112 Stat. 2681–50, 2681–68; Pub. L. 106–215, § 2(a), June 15, 2000, 114 Stat. 337; Pub. L. 116–113, title V, § 503(d)(1), Jan. 29, 2020, 134 Stat. 72.)
cite as: 8 USC 1365a
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