[Title 28 CFR S]
[Code of Federal Regulations (annual edition) - July 1, 2002 Edition]
[Title 28 - JUDICIAL ADMINISTRATION]
[Chapter I - DEPARTMENT OF JUSTICE]
[Part 0 - ORGANIZATION OF THE DEPARTMENT OF JUSTICE]
[Subpart S - Immigration and Naturalization Service]
[From the U.S. Government Printing Office]
28JUDICIAL ADMINISTRATION12002-07-012002-07-01falseImmigration and Naturalization ServiceSSubpart SJUDICIAL ADMINISTRATIONDEPARTMENT OF JUSTICEORGANIZATION OF THE DEPARTMENT OF JUSTICE
Subpart S--Immigration and Naturalization Service
Sec. 0.105 General functions.
The Commissioner of the Immigration and Naturalization Service
(a) Subject to limitations contained in section 103 of the
Immigration and Nationality Act (8 U.S.C. 1103) and excepting the
authority delegated to the
Executive Office for Immigration Review, the Board of Immigration
Appeals, the Office of the Chief Immigration Judge, Immigration Judges,
and the Office of the Chief Administrative Hearing Officer, administer
and enforce the Immigration and Nationality Act and all other laws
relating to immigration (including but not limited to admission,
exclusion, and deportation), naturalization, and nationality. Nothing in
this paragraph shall be construed to authorize the Commissioner of
Immigration and Naturalization to supervise the litigation of or to
approve the filing of records on review, appeals, or petitions for writs
of certiorari or to intervene or have independent representation in
cases under the immigration and nationality laws except as provided in
paragraph (e) of this section.
(b) For the purposes of paragraph (a) of this section, and as
limited therein, exercise or perform any of the authority, functions, or
duties conferred or imposed upon the Attorney General by the laws
mentioned in that paragraph, including the authority to issue
(c) Investigate alleged violations of the immigration and
nationality laws, and make recommendations for prosecutions when deemed
(d) Patrol the borders of the United States to prevent the entry of
aliens into the United States in violation of law.
(e) Supervise naturalization work in the specific courts designated
by section 310 of the Immigration and Nationality Act (8 U.S.C. 1421) to
have jurisdiction in such matters, including the requiring of
accountings from the clerks of such courts for naturalization fees
collected, investigation through field officers of the qualifications of
citizenship applicants, and representation of the Government at all
(f) Cooperate with the public schools in providing citizenship
textbooks and other services for the preparation of candidates for
(g) Register and fingerprint aliens in the United States, as
required by section 262 of the Immigration and Nationality Act (8 U.S.C.
(h) Prepare reports on private bills pertaining to immigration
(i) Designate within the Immigration and Naturalization Service a
certifying officer, and an alternate, to certify copies of documents
issued by the Commissioner, or his designee, which are required to be
filed with the Office of the Federal Register.
(j) Direct officers and employees of the Immigration and
Naturalization Service, assigned to accompany commercial aircraft, to
perform the functions of a U.S.C. deputy marshal as a peace officer, in
particular those set forth in 28 U.S.C. 570 and 18 U.S.C. 3053: (1)
While aboard any aircraft to which they have been assigned, or (2) while
within the general vicinity of such aircraft so long as it is within the
jurisdiction of the United States. Such functions shall be in addition
to those vested in such officers and employees pursuant to law.
(k) Insure that a copy of any asylum application filed with INS
shall be sent simultaneously to the Asylum Policy and Review Unit and to
the Bureau of Human Rights and Humanitarian Affairs at the Department of
[Order No. 423-69, 34 FR 20388, Dec. 31, 1969, as amended by Order 445-
70, 35 FR 19397, Dec. 23, 1970; Order 699-77, 42 FR 15315, Mar. 21,
1977; Order 960-81, 46 FR 52348, Oct. 27, 1981; Order 998-83, 48 FR
8056, Feb. 25, 1983; Order 1176-87, 52 FR 11044, Apr. 7, 1987; Order
1237-87, 52 FR 44971, Nov. 24, 1987; Order 1245-87, 52 FR 48998, Dec.
Sec. 0.106 Certificates for expenses of unforeseen emergencies.
The Commissioner of Immigration and Naturalization is authorized to
exercise the power and authority vested in the Attorney General by
section 6 of the act of July 28, 1950, 64 Stat. 380 (8 U.S.C. 1555), to
make certificates with respect to expenses of unforeseen emergencies of
a confidential character: Provided, That each such certificate made by
the Commissioner of Immigration and Naturalization shall be approved by
the Attorney General.
Sec. 0.107 Representation on committee for visit-exchange.
The Commissioner of Immigration and Naturalization shall be a member
of the committee which represents the
Department of Justice in the development and implementation of plans for
exchanging visits between the Iron Curtain countries and the United
States and shall have authority to designate an alternate to serve on
Sec. 0.108 Redelegation of authority.
The Commissioner of the Immigration and Naturalization Services may
redelegate to any employee of the Service or the Department of Justice
any of the powers, privileges, or duties conferred or imposed on the
Commissioner by Sec. 0.105. The Commissioner 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 on the Commissioner by Sec. 0.105. Existing
redelegations by the Commissioner shall continue in force and effect
until modified or revoked.
[Order No. 1150-86, 51 FR 31939, Sept. 8, 1986]
Sec. 0.109 Implementation of the Treaty of Friendship and General Relations Between the United States and Spain.
The Commissioner of Immigration and Naturalization and immigration
officers (as defined in 8 CFR 103.1(i)) are hereby designated as
``competent national authorities'' on the part of the United States
within the meaning of Article XXIV of the Treaty of Friendship and
General Relations Between the United States and Spain (33 Stat. 2105,
2117), and shall fulfill the obligations assumed by the United States
pursuant to that Article in the manner and form prescribed.
Sec. 0.110 Implementation of the Convention Between the United States and Greece.
The Commissioner of Immigration and Naturalization and immigration
officers (as defined in 8 CFR 103.1(i)) are hereby designated as ``local
authorities'' and ``competent officers'' on the part of the United
States within the meaning of Article XIII of the Convention Between the
United States and Greece (33 Stat. 2122, 2131), and shall fulfill the
obligations assumed by the United States pursuant to that Article in the
manner and form prescribed.