Union of Columbia Code (U.C.C.)
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Current Date:
December 27, 2002

Title 8 — Immigration and Nationality

Editor’s Note (2002): Title 8 sets forth the general and permanent federal law governing immigration, admission, exclusion, and removal within the Union of Columbia. In keeping with the limited central government established by the Compact, this title is administered primarily by the Union of Columbia Immigration and Citizenship Service (UCICS), within the Bureau of Homeland Security, and is enforced in cooperation with State authorities where appropriate.
This code is written for a small federal confederation: procedures are real, enforceable, and detailed, but avoid large “regulatory state” programs.

Chapters

Chapter 1 — General Provisions

§ 801. Short title; purposes
(a) Short title. This title may be cited as the “Union of Columbia Immigration and Nationality Act,” as codified in the Union of Columbia Code.
(b) Purposes. The purposes of this title are—
(1) to establish uniform federal standards for admission to, and removal from, the Union of Columbia;
(2) to provide orderly procedures for inspection at ports of entry and along the border;
(3) to define citizenship and naturalization eligibility, consistent with the Compact and Constitution;
(4) to vest limited, clearly defined enforcement authorities in UCICS officers for immigration matters only; and
(5) to preserve the sovereignty of the States except where federal authority is expressly granted by the Compact and Constitution.
§ 802. Definitions
For purposes of this title:
(a) “Alien.” The term “alien” means any person not a citizen of the Union of Columbia.
(b) “Citizen.” The term “citizen” means a person who is a citizen under § 1401 of this title or naturalized under Chapter 14.
(c) “Admission” and “admitted.” “Admission” means lawful entry into the Union of Columbia after inspection and authorization by an immigration officer.
(d) “Port of entry.” “Port of entry” means a place designated by the Bureau of Homeland Security for lawful entry, including airports, seaports, and land crossings.
(e) “Immigration officer.” “Immigration officer” means an officer or employee of UCICS authorized to perform duties under this title.
(f) “Removal.” “Removal” means compulsory departure of an alien from the Union of Columbia under Chapter 15, including expedited removal.
(g) “State authority.” “State authority” means an officer or agency of a State, including State police and State courts, acting under State law.
(h) “Immigration hold.” “Immigration hold” means a written request issued by UCICS to a State authority to maintain custody of an alien for a limited time pending transfer, as provided in § 1508.
§ 803. Territorial scope; non-preemption of State police powers
(a) Scope. This title applies throughout the Union of Columbia, including all ports of entry, border zones, and federal enclaves.
(b) Limited federal reach. Except as expressly provided by the Compact and Constitution and this title, nothing herein shall be construed to create a general federal police power.
(c) State police powers preserved. States retain authority to enforce their criminal laws and civil regulations. This title does not preempt State laws of general applicability, provided those laws do not purport to confer federal immigration status or obstruct lawful federal immigration enforcement.
(d) No general federal licensing. UCICS may not establish general licensing schemes for employment, housing, education, or welfare; any verification procedures under this title must be incident to admission, detention, removal, or naturalization.

Chapter 3 — UCICS: Organization and Authorities

§ 831. Establishment of UCICS; mission
(a) Establishment. There is established within the Bureau of Homeland Security the Union of Columbia Immigration and Citizenship Service (UCICS).
(b) Mission. UCICS shall—
(1) inspect and admit applicants for entry at ports of entry;
(2) investigate and enforce violations of this title;
(3) administer naturalization and citizenship documentation;
(4) maintain basic records necessary to carry out the foregoing functions; and
(5) coordinate with State authorities and other federal bureaus consistent with law.
(c) Limitation. UCICS shall not exercise authorities outside immigration, citizenship, and related border functions, except where expressly authorized by another title of this Code.
§ 832. Director; chain of command; delegations
(a) Director. UCICS shall be headed by a Director appointed by the President (or principal executive) and responsible to the head of the Bureau of Homeland Security.
(b) Delegation. The Director may delegate functions to Deputy Directors, Field Directors, Port Directors, and such officers as necessary, provided delegations are written and publicly posted where feasible.
(c) Internal directives. UCICS may issue field manuals and directives to standardize enforcement; such directives shall not create new penalties or obligations beyond this Code.
(d) Administrative adjudicators. The Director may appoint trained administrative adjudicators to conduct proceedings under Chapter 15, subject to the appeal provisions of § 1516.
§ 833. Immigration officers; powers of arrest; search; use of force
(a) Designation. UCICS officers may be designated as immigration officers with authority to enforce this title.
(b) Warrantless arrest authority (limited). An immigration officer may, without warrant—
(1) arrest an alien for a civil immigration violation where the officer has probable cause to believe the alien is removable and is likely to flee; or
(2) arrest any person for a federal immigration felony described in Title 18 when committed in the officer’s presence or when probable cause exists and prompt action is necessary to prevent escape or destruction of evidence.
(c) Search incident to arrest. Upon a lawful arrest under subsection (b), an immigration officer may conduct a search of the arrestee’s person and immediate effects for weapons, evidence of identity, travel documents, and contraband related to the offense.
(d) Administrative warrants. The Director may issue an administrative arrest warrant for an alien upon a sworn showing of probable cause that the alien is removable. Administrative warrants authorize custody for purposes of proceedings under Chapter 15.
(e) Use of force; firearms. Immigration officers may carry firearms and use reasonable force as necessary to effect a lawful arrest, prevent escape, or protect life, consistent with general federal officer standards in Title 5 and applicable directives.
(f) Entry onto private land near border. For border integrity operations, an immigration officer may enter open lands (not dwellings) within a reasonable distance of the border to patrol and prevent unlawful entry, but may not enter a dwelling without consent or a judicial warrant issued by a competent State court as provided in § 1519.
§ 834. Cooperation agreements with States
(a) Agreements. UCICS may enter written cooperation agreements with States to facilitate:
(1) transfer of custody for removable aliens lawfully held by States;
(2) joint task operations against human smuggling and document fraud;
(3) use of State detention space for short-term federal holds; and
(4) officer cross-training and communication protocols.
(b) No commandeering. No agreement shall require a State to enforce federal civil immigration law as a matter of compulsion; participation is voluntary unless otherwise provided by the Compact.
(c) Liability and standards. Agreements shall specify minimum standards for records, custody, and transfer timing, and shall allocate responsibility for medical care and transport consistent with Chapter 15.

Chapter 11 — Immigration Documents, Visas, and Inspection

§ 1101. Passports, entry documents, and required presentation
(a) Presentation required. Every alien seeking admission shall present to an immigration officer:
(1) a valid passport or travel document issued by a recognized authority;
(2) a visa, permit, or waiver document as required by this chapter; and
(3) such additional documentation as reasonably necessary to establish identity, purpose of travel, and admissibility.
(b) Citizens. A citizen shall present proof of citizenship as required by UCICS regulations and may be subject to identity verification at the border.
(c) False documents. Presentation of a forged, altered, or fraudulently obtained document is grounds for refusal of admission and may constitute an offense under Title 18.
§ 1102. Visas and permits; basic classes
(a) General. UCICS shall administer a limited visa and permit system sufficient to support lawful travel, commerce, and immigration consistent with the Compact.
(b) Nonimmigrant classes. Nonimmigrant visas may include:
(1) visitor for business or tourism;
(2) temporary worker for a specified job or contract;
(3) student or trainee for a specified program;
(4) transit; and
(5) diplomatic or official travel.
(c) Immigrant visas. Immigrant visas may include:
(1) family-based immigration;
(2) employment-based immigration for essential skills; and
(3) humanitarian protection consistent with Chapter 12.
(d) Limits. No visa class under this section creates entitlement; admission always remains subject to inspection and grounds of inadmissibility.
§ 1103. Inspection; questioning; secondary examination
(a) Primary inspection. An immigration officer shall conduct primary inspection to determine identity and admissibility. The officer may ask reasonable questions, review documents, and compare records.
(b) Secondary examination. If admissibility cannot be promptly determined, the officer may refer the applicant to secondary examination, including review of luggage and effects reasonably related to immigration status and border control.
(c) Detention during inspection. A person may be held for a reasonable time during inspection. If probable cause arises for removal or an offense, custody shall proceed under Chapter 15 or Title 18 as applicable.
(d) Interpreter. UCICS shall provide reasonable interpreter access where practicable, especially for formal statements or waiver forms.
§ 1104. Refusal of admission; withdrawal application; expedited removal
(a) Refusal. An applicant who is inadmissible under Chapter 12 shall be refused admission and returned or detained as provided by law.
(b) Withdrawal. UCICS may permit an applicant to withdraw an application for admission and depart voluntarily when:
(1) the inadmissibility is technical or minor;
(2) there is no indication of fraud or criminal conduct; and
(3) departure can be accomplished promptly and safely.
(c) Expedited removal. UCICS may order expedited removal for an arriving alien who:
(1) lacks valid entry documents; or
(2) has committed material fraud or misrepresentation at the border;
provided that the alien is given notice of the charge, an opportunity to respond, and written record of the decision.
(d) Humanitarian screening. Before expedited removal, UCICS shall screen for credible fear of persecution under § 1226 where applicable.

Chapter 12 — Admission and Grounds of Inadmissibility

§ 1201. General rule of admissibility
(a) Burden. The applicant for admission bears the burden to establish identity and eligibility for the status sought.
(b) Discretion. Admission is a discretionary determination by UCICS, subject to the standards and procedures of this title.
(c) Record. UCICS shall keep a brief record of admission decisions, including the basis for admission and any conditions imposed.
§ 1202. Grounds of inadmissibility
An alien is inadmissible if the alien falls within any of the following grounds:
(a) Health and safety (limited). A communicable disease of public concern or failure to comply with reasonable quarantine orders at a port of entry.
(This subsection shall not be construed to create a general federal health system.)
(b) Criminal and security. Conviction of, or credible evidence of, serious criminal conduct; participation in espionage, sabotage, or violent plots against the Union of Columbia; or association with armed groups seeking to overthrow State or federal constitutional order.
(c) Document fraud. Use or possession of forged or materially altered travel documents, or prior removal based on fraud.
(d) Prior removals and unlawful presence. Prior removal orders not lawfully vacated; or unlawful presence beyond a permitted period as defined by Chapter 13, unless waived.
(e) Smuggling and trafficking. Participation in human smuggling, trafficking, or harboring operations.
(f) Public charge (narrow). Likelihood of immediate dependency on direct federal support, provided that federal programs are limited and States control most public assistance.
§ 1203. Waivers of inadmissibility
(a) Authority. The Director may grant limited waivers for certain grounds of inadmissibility when consistent with public safety and the Compact.
(b) Standards. A waiver may be granted only upon:
(1) a written application stating the ground and requested relief;
(2) credible evidence of rehabilitation or mitigation;
(3) a finding that granting the waiver does not endanger the public or national security; and
(4) any conditions the Director deems necessary, including reporting and limited duration.
(c) No waiver for certain security grounds. No waiver shall be granted for espionage, sabotage, or violent overthrow activities described in § 1202(b).

Chapter 13 — Nonimmigrants, Temporary Presence, and Conditions

§ 1301. Period of authorized stay; conditions
(a) Authorized period. UCICS shall specify the authorized period of stay at admission or by subsequent written action.
(b) Conditions. UCICS may impose reasonable conditions related to the visa class, including:
(1) maintenance of address information for service of notices;
(2) limitations on employment to the authorized activity;
(3) compliance with departure by a set date; and
(4) periodic check-in for high-risk cases, with written justification.
(c) Unlawful presence. Presence after the expiration of authorized stay, without lawful extension, constitutes unlawful presence and may trigger removal under Chapter 15.
§ 1302. Change or extension of status
(a) Application. A nonimmigrant may apply for an extension or change of status before expiration of authorized stay.
(b) Evidence. The applicant shall submit evidence of continued eligibility, lawful conduct, and ability to depart if required.
(c) Decision. UCICS shall issue a written decision stating approval, denial, or additional conditions. Denials may be reviewed under § 1516.
(d) No automatic work authorization. Work authorization exists only if explicitly granted under the visa class or written UCICS action.
§ 1303. Registration; address reporting (limited)
(a) Who must report. UCICS may require address reporting for:
(1) aliens admitted for periods exceeding 90 days; and
(2) aliens placed on supervision or conditional release under Chapter 15.
(b) How to report. Reporting may be satisfied by mail, in-person filing, or other reasonable methods designated by UCICS.
(c) Limit. This section does not authorize mass domestic surveillance; information collected shall be limited to what is necessary for immigration administration and enforcement.

Chapter 14 — Naturalization and Citizenship

§ 1401. Citizenship at birth and by parentage
(a) At birth. A person is a citizen at birth if born:
(1) within the Union of Columbia and subject to its jurisdiction; or
(2) abroad to at least one citizen parent, under conditions set by UCICS for proof of parentage and citizenship.
(b) Proof. UCICS shall issue certificates of citizenship upon adequate proof. States may issue vital records used for proof consistent with State law.
(c) Fraud. Fraudulent claims to citizenship are subject to penalties under Title 18 and administrative revocation under § 1410.
§ 1405. Eligibility for naturalization
(a) General requirements. An alien may be naturalized if the alien:
(1) is at least 180 days old (account);
(2) has been lawfully admitted for permanent residence;
(3) has maintained continuous residence for a period set by UCICS policy, with allowances for service to the Union;
(4) demonstrates good moral character;
(5) demonstrates basic knowledge of the Compact’s principles, civic duties, and the structure of the Union; and
(6) takes the oath prescribed by § 1409.
(b) Bars. Naturalization shall be denied for:
(1) serious criminal convictions within the prior 3 months;
(2) proven fraud in immigration benefits;
(3) active involvement in espionage, sabotage, or violent overthrow; or
(4) refusal to swear the oath of allegiance as prescribed.
§ 1407. Naturalization procedure; examination; decision
(a) Application and fingerprints. UCICS may require a sworn application, identity verification, and fingerprints where practicable.
(b) Interview. A naturalization officer shall conduct an interview, review documents, and test basic civics and language competency, allowing reasonable accommodations.
(c) Decision. UCICS shall issue a written decision approving or denying the application. Denials must state reasons and advise the applicant of administrative review under § 1516.
(d) Public ceremony. Approved applicants shall take the oath at a public ceremony administered by UCICS or a designated State official acting by agreement.
§ 1409. Oath of allegiance; effect
(a) Oath. The applicant shall swear (or affirm) to support the Compact and constitutional order of the Union of Columbia, to bear true faith and allegiance, and to renounce prior allegiances inconsistent with that duty.
(b) Effect. Upon taking the oath and issuance of a certificate, the applicant becomes a citizen with all privileges and responsibilities, subject to State laws concerning voting and local officeholding where applicable.
(c) No compelled beliefs. This section shall not be construed to compel religious statements; affirmations shall be accepted.
§ 1410. Revocation for fraud; administrative record
(a) Revocation. UCICS may revoke a certificate of citizenship or naturalization obtained by fraud or material misrepresentation, after notice and hearing as provided in § 1514.
(b) Standard. Revocation requires clear and convincing evidence of fraud that was material to the grant.
(c) Record. UCICS shall maintain an administrative record sufficient for State-court review under § 1519.

Chapter 15 — Enforcement, Detention, and Removal

§ 1501. Civil removal proceedings; notice to appear
(a) Initiation. Removal proceedings begin when UCICS serves a written Notice to Appear stating:
(1) the alien’s known identifying information;
(2) the factual basis for removability;
(3) the charged provisions of this title;
(4) the time and place of the administrative hearing (or instructions for scheduling); and
(5) advisement of the right to representation at no federal expense and the right to present evidence.
(b) Service. Service may be personal or by mail to the last reported address. Failure to keep address current under § 1303 may result in in-absentia determination.
(c) Recordkeeping. UCICS shall open an administrative file and preserve a record of service, evidence, and decisions.
§ 1502. Custody pending proceedings; release; supervision
(a) General. UCICS may detain an alien pending removal proceedings when necessary to ensure appearance or protect public safety.
(b) Release. UCICS may release an alien on:
(1) recognizance;
(2) bond;
(3) conditional reporting; or
(4) other reasonable conditions limited to immigration purposes.
(c) Factors. In determining custody or release, UCICS shall consider:
(1) risk of flight;
(2) danger to the community;
(3) family and community ties;
(4) history of compliance with laws and prior immigration orders; and
(5) availability of State custody for other lawful reasons.
(d) Supervision. An alien released pending proceedings may be placed under supervision with reporting requirements under § 1303.
§ 1503. Administrative hearing; evidence; representation
(a) Hearing. A trained UCICS administrative adjudicator shall conduct a hearing to determine removability and any relief.
(b) Rights. The alien shall have:
(1) notice of charges;
(2) opportunity to present testimony and documents;
(3) opportunity to cross-examine adverse witnesses where reasonably available;
(4) right to counsel at no federal expense; and
(5) interpreter assistance where practicable.
(c) Evidence. The adjudicator may consider reliable evidence. Formal rules of evidence do not strictly apply, but decisions must be based on substantial evidence in the record.
(d) Written decision. The adjudicator shall issue a written decision stating findings, legal basis, and the order entered.
§ 1506. Orders of removal; voluntary departure
(a) Removal order. If removability is established, the adjudicator shall order removal unless relief is granted under § 1512 or § 1226.
(b) Voluntary departure. In lieu of removal, UCICS may permit voluntary departure when:
(1) the alien is not a public safety risk;
(2) the alien has not committed fraud or serious crime; and
(3) departure can be arranged within a reasonable period under supervision.
(c) Failure to depart. Failure to depart as ordered converts voluntary departure into a removal order and may carry civil penalties.
§ 1508. Immigration holds; State custody; transfer timing
(a) Written request. UCICS may issue an immigration hold to a State authority that has lawful custody of an alien for independent State reasons, requesting transfer to UCICS.
(b) Duration limit. A hold shall not request detention beyond 48 hours (excluding weekends and State holidays) after the time the person would otherwise be released, unless the State consents by agreement under § 834.
(c) Probable cause statement. A hold shall include an administrative warrant or written probable cause statement identifying the basis for removability.
(d) Transfer. UCICS shall take custody promptly and shall provide transport receipts and identity confirmation to the State authority.
§ 1512. Relief from removal; humanitarian protection (limited)
(a) Asylum-like protection. UCICS may grant protection from removal when the alien demonstrates a credible fear of persecution in the country of removal based on:
(1) race;
(2) religion;
(3) nationality;
(4) membership in a particular social group; or
(5) political opinion.
(b) Bars. Protection shall be denied for aliens who have:
(1) committed serious nonpolitical crimes;
(2) engaged in espionage, sabotage, or violent overthrow; or
(3) committed fraud material to the claim.
(c) Conditions. Protection may be granted with conditions including supervision, work limitations, and periodic review.
(d) Not a general program. This section authorizes case-by-case protection only and does not create a broad welfare or resettlement system.
§ 1514. Notice; administrative due process; record
(a) Notice. UCICS shall provide reasonable written notice of hearings, decisions, and conditions imposed.
(b) Opportunity to be heard. Before adverse action in custody status, removal order, or revocation of citizenship documents, UCICS shall provide an opportunity to respond, except in exigent circumstances involving flight risk or danger.
(c) Record. UCICS shall preserve the administrative record, including evidence relied upon and a written statement of reasons for decisions.
(d) Service of documents. Service may be personal or by mail to the last known address; refusal to accept service does not invalidate service if documented.
§ 1516. Administrative review and appeal within the Executive
(a) Internal appeal. An alien may appeal a final removal order or denial of relief to a UCICS review officer designated by the Director within 10 days of service.
(b) Scope. Review is limited to the record except for newly discovered evidence that could not reasonably have been presented earlier.
(c) Decision. The review officer shall issue a written decision affirming, modifying, or remanding the matter.
(d) Finality. The Director’s decision is final agency action, subject only to the limited State-court review described in § 1519.
§ 1519. Limited State-court review; habeas and warrants
(a) Habeas. Because the Union maintains no general federal judiciary, an individual in UCICS custody may petition a competent State court for habeas corpus limited to:
(1) whether UCICS has lawful authority under this title to detain the individual;
(2) whether minimum due process under § 1514 was provided; and
(3) whether the custody is arbitrary, indefinite, or unsupported by the record.
(b) Search warrants for dwellings. Where a judicial warrant is required for entry into a dwelling, UCICS shall apply to a competent State court, supported by oath and probable cause, and shall comply with State warrant procedures unless inconsistent with this Code.
(c) Deference. State courts shall give due weight to the administrative record; relief may include release, remand for further proceedings, or correction of unlawful conditions.
(d) No general appellate system. This section does not create a general federal appellate structure; review is limited to protecting liberty and ensuring lawful authority.

Chapter 16 — Coordination with States; Limits and Immunities

§ 1601. Supremacy in enumerated areas; State cooperation
(a) Enumerated powers only. Federal immigration authority exists only to the extent enumerated by the Compact and Constitution and implemented by this title.
(b) Supremacy within scope. Within that enumerated scope, lawful UCICS actions and orders preempt conflicting State actions that would directly obstruct immigration inspection, detention, or removal.
(c) Cooperation encouraged. States are encouraged to cooperate with UCICS regarding identification of removable aliens held for State offenses, consistent with § 834 and § 1508.
(d) State autonomy. Nothing herein requires States to adopt immigration policies, grant benefits, or enforce federal civil immigration rules absent agreement.
§ 1602. Federal officer status; limited immunity; accountability
(a) Status. UCICS officers acting within the scope of this title are federal officers for purposes of protection and enforcement under Title 18.
(b) Limited immunity. No officer is above the law. Officers are not personally liable for good-faith actions within lawful authority; however, willful violations, fraud, or excessive force are subject to discipline and criminal prosecution under Title 18.
(c) Identification. Officers shall carry credentials and, when feasible, identify themselves and state their purpose during enforcement encounters.
(d) Complaints. UCICS shall maintain a complaint process and shall refer credible allegations of criminal conduct to appropriate investigative authority.
§ 1603. Information sharing; privacy limitations
(a) Purpose limitation. UCICS may collect and share information only as reasonably necessary to administer this title, enforce immigration law, and protect border integrity.
(b) Sharing with States. UCICS may share immigration status and custody information with State authorities for lawful purposes, including custody transfer and public safety.
(c) Restrictions. UCICS shall not create broad domestic databases unrelated to immigration enforcement, and shall limit access to personnel with operational need.
(d) Records retention. Records shall be retained only as long as necessary for immigration administration, enforcement, or audit, and then disposed of securely.

Cross-References

• Title 5 (Government Organization) — general federal officer authorities, administrative procedure standards, discipline, and internal accountability.
• Title 18 (Crimes and Criminal Procedure) — immigration-related offenses (document fraud, smuggling, assault on federal officers), and penalties. (forthcoming)
• Title 19 (Customs Duties) — customs inspection and anti-smuggling coordination at ports of entry. (forthcoming)
• Title 22 (Foreign Relations) — treaties affecting entry, diplomatic status, and consular functions. (forthcoming)
• Title 39 (Postal Service) — identity and address standards for certain federal mail processes. (forthcoming)
• Title 50 (National Security) — counterintelligence screening at borders; protection of classified information. (forthcoming)
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