8 USC 1367(a)(2)
Listed by: NARA Registry, DoD Registry, Related authorities
Designation evidence
- NARA authority row: 8 USC 1367(a)(2) | status: Basic | banner: CUI.
- NARA sanctions field: 8 USC 1367(c).
- DoD authority row: 8 USC 1367(a)(2). DoD lists this citation for the category; this DoD detail page does not display a separate Basic/Specified field.
- Related authority evidence: 8 USC 1367(a)(2) | status: Basic | banner: CUI | sanctions: 8 USC 1367(c)
- Related authority evidence: DoD lists this authority for the category; the linked authority text is extracted below when available.
- Registry designation context: Basic, CUI. The linked authority text contains category-scope or applicability language that helps determine when the information falls within this CUI category. The linked authority text contains disclosure, access, protection, release, dissemination, or distribution-control language relevant to handling. The linked authority text contains violation, penalty, sanction, or enforcement language that may affect consequences for mishandling.
- Registry designation for this category is Basic with banner CUI.
Extracted authority meaning
- Page 430 TITLE 8—ALIENS AND NATIONALITY § 1366
- Registry designation context: Basic, CUI. The linked authority text contains category-scope or applicability language that helps determine when the information falls within this CUI category. The linked authority text contains disclosure, access, protection, release, dissemination, or distribution-control language relevant to handling. The linked authority text contains violation, penalty, sanction, or enforcement language that may affect consequences for mishandling.
Operating conditions
- NARA category scope used with this authority: Related to information within applications and associated hearings provided by, or that could identify, a battered spouse or child of a US citizen or US permanent resident seeking independent protected status within the United States.
- DoD category scope used with this authority: Related to information within applications and associated hearings provided by, or that could identify, a battered spouse or child of a US citizen or US permanent resident seeking independent protected status within the United States.
- 8 USC 1367(a)(2) | status: Basic | banner: CUI | sanctions: 8 USC 1367(c)
- DoD lists this authority for the category; the linked authority text is extracted below when available.
- NARA registry status: Basic. Per-authority NARA status values: Basic. NARA banner marking evidence: CUI. The registry evidence is preserved here; detailed primary-law or regulation text analysis remains pending for this category.
- NARA category scope: Related to information within applications and associated hearings provided by, or that could identify, a battered spouse or child of a US citizen or US permanent resident seeking independent protected status within the United States.
- Extracted authority condition: Penalties for disclosure of information (a) In general Except as provided in subsection (b), in no case may the Attorney General, or any other of- ficial or employee of the Department of Justice, the Secretary of Homeland Security, the Sec- retary of State, or any other official or em- ployee of the Department of Homeland Security or Department of State (including any bureau or agency of either of such Departments)— (1) make an adverse determination of admis- sibility or deportability of an alien under the Immigration and Nationality Act [8 U.S.C. 1101 et seq.] using information furnished solely by— (A) a spouse or parent who has battered the alien or subjected the alien to extreme cruelty, (B) a member of the spouse’s or parent’s family residing in the same household as the alien who has battered the alien or subjected the alien to extreme cruelty when the spouse or parent consented to or acquiesced in such battery or cruelty, (C) a spouse or parent who has battered the alien’s child or subjected the alien’s child to extreme cruelty (without the active participation of the alien in the battery or extreme cruelty),...
- Extracted authority condition: Annual report on criminal aliens Not later than 12 months after September 30, 1996, and annually thereafter, the Attorney Gen- eral shall submit to the Committees on the Ju- diciary of the House of Representatives and of the Senate a report detailing— (1) the number of illegal aliens incarcerated in Federal and State prisons for having com- mitted felonies, stating the number incarcer- ated for each type of offense; (2) the number of illegal aliens convicted of felonies in any Federal or State court, but not sentenced to incarceration, in the year before the report was submitted, stating the number convicted for each type of offense; (3) programs and plans underway in the De- partment of Justice to ensure the prompt re- moval from the United States of criminal aliens subject to removal; and (4) methods for identifying and preventing the unlawful reentry of aliens who have been convicted of criminal offenses in the United States and removed from the United States.
- Extracted authority condition: (F) in the case of an alien applying for status under section 101(a)(15)(T) of the Im- migration and Nationality Act (8 U.S.C. 1101(a)(15)(T)), under section 7105(b)(1)(E)(i)(II)(bb) of title 22, under sec- tion 244(a)(3) of the Immigration and Nation- ality Act (8 U.S.C. 1254a(a)(3)), as in effect prior to March 31, 1999, or as a VAWA self- petitioner (as defined in section 101(a)(51) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(51)) 2, the trafficker or per- petrator, unless the alien has been convicted of a crime or crimes listed in section 237(a)(2) of the Im- migration and Nationality Act [8 U.S.C. 1227(a)(2)]; or (2) permit use by or disclosure to anyone (other than a sworn officer or employee of the Department, or bureau or agency thereof, for legitimate Department, bureau, or agency pur- poses) of any information which relates to an alien who is the beneficiary of an application for relief under paragraph (15)(T), (15)(U), or (51) of section 101(a) of the Immigration and Nationality Act [8 U.S.C. 1101(a)(15)(T), (U), (51)] or section 240A(b)(2) of such Act [8 U.S.C. 1229b(b)(2)].
- Extracted authority condition: (d) Guidance The Attorney General, Secretary of State, and the Secretary of Homeland Security shall pro- vide guidance to officers and employees of the Department of Justice, Department of State, or the Department of Homeland Security who have access to information covered by this section re- garding the provisions of this section, including the provisions to protect victims of domestic violence and severe forms of trafficking in per- sons or criminal activity listed in section 101(a)(15)(U) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(u)) from harm that could result from the inappropriate disclosure of covered information.
- Extracted authority condition: (b) Exceptions (1) The Secretary of Homeland Security or the Attorney General may provide, in the Sec- retary’s or the Attorney General’s discretion, for the disclosure of information in the same manner and circumstances as census informa- tion may be disclosed by the Secretary of Com- merce under section 8 of title 13.
Safeguarding and dissemination controls
- NARA registry control evidence: status Basic; banner marking CUI.
- Nara basic or specified: Basic
- Nara authority rows: 8 USC 1367(a)(2) | status: Basic | banner: CUI | sanctions: 8 USC 1367(c) || 8 USC 1375a(c) | status: Basic | banner: CUI | sanctions: 8 USC 1375a(d)(5)
- Nara banner markings: CUI
- Nara sanctions: 8 USC 1367(c) || 8 USC 1375a(d)(5)
- No DoD required dissemination control is listed on the registry page. Apply approved limited dissemination controls only when required or permitted by the designating agency or governing authority.
- Use the registry assertions, NARA authority rows, DoD authorities, DoD policies, warning statements, required dissemination controls, and examples first. Where the cited authority does not specify a handling detail, apply CUI Basic safeguards and dissemination rules so long as they do not conflict with the authority or agency-specific controls.
- Extracted authority control: Penalties for disclosure of information (a) In general Except as provided in subsection (b), in no case may the Attorney General, or any other of- ficial or employee of the Department of Justice, the Secretary of Homeland Security, the Sec- retary of State, or any other official or em- ployee of the Department of Homeland Security or Department of State (including any bureau or agency of either of such Departments)— (1) make an adverse determination of admis- sibility or deportability of an alien under the Immigration and Nationality Act [8 U.S.C. 1101 et seq.] using information furnished solely by— (A) a spouse or parent who has battered the alien or subjected the alien to extreme cruelty, (B) a member of the spouse’s or parent’s family residing in the same household as the alien who has battered the alien or subjected the alien to extreme cruelty when the spouse or parent consented to or acquiesced in such battery or cruelty, (C) a spouse or parent who has battered the alien’s child or subjected the alien’s child to extreme cruelty (without the active participation of the alien in the battery or extreme cruelty),...
- Extracted authority control: (2) The Secretary of Homeland Security or the Attorney General may provide in the discretion of the Secretary or the Attorney General for the disclosure of information to law enforcement of- ficials to be used solely for a legitimate law en- forcement purpose in a manner that protects the confidentiality of such information.
- Extracted authority control: (3) Subsection (a) shall not be construed as preventing disclosure of information in connec- tion with judicial review of a determination in a manner that protects the confidentiality of such information.
- Extracted authority control: (8) Notwithstanding subsection (a)(2), the Sec- retary of Homeland Security, the Secretary of State, or the Attorney General may provide in the discretion of either such Secretary or the Attorney General for the disclosure of informa- tion to national security officials to be used solely for a national security purpose in a man- ner that protects the confidentiality of such in- formation.
- Extracted authority control: (4) Subsection (a)(2) shall not apply if all the battered individuals in the case are adults and they have all waived the restrictions of such subsection.
- Extracted authority control: (c) Penalties for violations Anyone who willfully uses, publishes, or per- mits information to be disclosed in violation of this section or who knowingly makes a false cer- tification under section 239(e) of the Immigra- tion and Nationality Act [8 U.S.C. 1229(e)] shall be subject to appropriate disciplinary action and subject to a civil money penalty of not more than $5,000 for each such violation.
Authority excerpts
Most relevant extracted authority passagePenalties for disclosure of information (a) In general Except as provided in subsection (b), in no case may the Attorney General, or any other of- ficial or employee of the Department of Justice, the Secretary of Homeland Security, the Sec- retary of State, or any other official or em- ployee of the Department of Homeland Security or Department of State (including any bureau or agency of either of such Departments)— (1) make an adverse determination of admis- sibility or deportability of an alien under the Immigration and Nationality Act [8 U.S.C. 1101 et seq.] using information furnished solely by— (A) a spouse or parent who has battered the alien or subjected the alien to extreme cruelty, (B) a member of the spouse’s or parent’s family residing in the same household as the alien who has battered the alien or subjected the alien to extreme cruelty when the spouse or parent consented to or acquiesced in such battery or cruelty, (C) a spouse or parent who has battered the alien’s child or subjected the alien’s child to extreme cruelty (without the active participation of the alien in the battery or extreme cruelty),...
Extracted authority passage 2(2) The Secretary of Homeland Security or the Attorney General may provide in the discretion of the Secretary or the Attorney General for the disclosure of information to law enforcement of- ficials to be used solely for a legitimate law en- forcement purpose in a manner that protects the confidentiality of such information.
Extracted authority passage 3(3) Subsection (a) shall not be construed as preventing disclosure of information in connec- tion with judicial review of a determination in a manner that protects the confidentiality of such information.
Extracted authority passage 4(8) Notwithstanding subsection (a)(2), the Sec- retary of Homeland Security, the Secretary of State, or the Attorney General may provide in the discretion of either such Secretary or the Attorney General for the disclosure of informa- tion to national security officials to be used solely for a national security purpose in a man- ner that protects the confidentiality of such in- formation.
Extracted authority passage 5(4) Subsection (a)(2) shall not apply if all the battered individuals in the case are adults and they have all waived the restrictions of such subsection.
Extracted authority passage 6Annual report on criminal aliens Not later than 12 months after September 30, 1996, and annually thereafter, the Attorney Gen- eral shall submit to the Committees on the Ju- diciary of the House of Representatives and of the Senate a report detailing— (1) the number of illegal aliens incarcerated in Federal and State prisons for having com- mitted felonies, stating the number incarcer- ated for each type of offense; (2) the number of illegal aliens convicted of felonies in any Federal or State court, but not sentenced to incarceration, in the year before the report was submitted, stating the number convicted for each type of offense; (3) programs and plans underway in the De- partment of Justice to ensure the prompt re- moval from the United States of criminal aliens subject to removal; and (4) methods for identifying and preventing the unlawful reentry of aliens who have been convicted of criminal offenses in the United States and removed from the United States.