8 USC Sec. 1360 01/03/05
TITLE 8 - ALIENS AND NATIONALITY
CHAPTER 12 - IMMIGRATION AND NATIONALITY
SUBCHAPTER II - IMMIGRATION
Part IX - Miscellaneous
Sec. 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
(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) If earnings are reported on or after January 1, 1997, 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
(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, title II, ch. 9, Sec. 290, 66 Stat. 234;
Pub. L. 100-525, Sec. 9(q), Oct. 24, 1988, 102 Stat. 2621; Pub. L.
104-208, div. C, title III, Sec. 308(d)(4)(M), title IV, Sec.
414(a), Sept. 30, 1996, 110 Stat. 3009-618, 3009-669.)
1996 - Subsec. (a). Pub. L. 104-208, Sec. 308(d)(4)(M),
substituted "admitted or denied admission to the United States" for
"admitted to the United States, or excluded therefrom" in two
Subsec. (c). Pub. L. 104-208, Sec. 414(a), 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."
1988 - Subsec. (c). Pub. L. 100-525 substituted "Secretary of
Health and Human Services" for "Federal Security Administrator" and
"The Secretary" for "The Administrator".
EFFECTIVE DATE OF 1996 AMENDMENT
Amendment by section 308(d)(4)(M) of Pub. L. 104-208 effective,
with certain transitional provisions, on the first day of the first
month beginning more than 180 days after Sept. 30, 1996, see
section 309 of Pub. L. 104-208, set out as a note under section
1101 of this title.
ABOLITION OF IMMIGRATION AND NATURALIZATION SERVICE AND TRANSFER OF
For abolition of Immigration and Naturalization Service, transfer
of functions, and treatment of related references, see note set out
under section 1551 of this title.
REPORT ON FRAUDULENT USE OF SOCIAL SECURITY ACCOUNT NUMBERS
Pub. L. 104-208, div. C, title IV, Sec. 414(b), Sept. 30, 1996,
110 Stat. 3009-669, as amended by Pub. L. 108-156, Sec. 3(d), Dec.
3, 2003, 117 Stat. 1945, directed the Commissioner of Social
Security to transmit to the Secretary of Homeland Security, by not
later than 1 year after Sept. 30, 1996, a report on the extent to
which social security account numbers and cards were used by aliens
for fraudulent purposes.