Tap any paragraph to write a margin note. Your notes collect in the Desk below the text and file under cases with @. The side-by-side margin rail opens on a larger screen.

§
Marginalia
Code · STATUTE-COMPILATIONS · Immigration and Nationality Act · Sec. 404

Sec. 404. authorization of appropriations479

882 words·~4 min read·/statute-compilations/comps-1376/sec-404

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

## Sec. 404 authorization of appropriations479 **[**[8 U.S.C. 1101](/us/usc/t8/s1101), note**]** ###
(a)There are authorized to be appropriated such sums as may be necessary to carry out the provisions of this Act (other than chapter 2 of title IV). 479§204 of Pub. L. 94–503 (90 Stat. 2427) provides as follows: authorizing jurisdiction Sec. 204. No sums shall be deemed to be authorized to be appropriated for any fiscal year beginning on or after October 1, 1978, for the Department of Justice (including any bureau, agency, or other similar subdivision thereof) except as specifically authorized by Act of Congress with respect to such fiscal year. Neither the creation of a subdivision in the Department of Justice, nor the authorization of an activity of the Department, any subdivision, or officer thereof, shall be deemed in itself to be an authorization of appropriations for the Department of Justice, such subdivision, or activity, with respect to any fiscal year beginning on or after October 1, 1978. ###
(b)#### (1)480 There are authorized to be appropriated (for fiscal year 1991 and any subsequent fiscal year) to an immigration emergency fund, to be established in the Treasury, an amount sufficient to provide for a balance of $35,000,000 in such fund, to be used to carry out paragraph
(2)and to provide for an increase in border patrol or other enforcement activities of the Service and for reimbursement of State and localities in providing assistance as requested by the Attorney General in meeting an immigration emergency, except that no amounts may be withdrawn from such fund with respect to an emergency unless the President has determined that the immigration emergency exists and has certified such fact to the Judiciary Committees of the House of Representatives and of the Senate. 480This subsection was amended by §705(a) of the Immigration Act of 1990 (P.L. 101–649, Nov. 29, 1990, 104 Stat. 5087), including the addition of paragraph (2). §610 of the Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 1992 (Pub. L. 102–140, Oct. 28, 1991, 105 Stat. 832), as amended by §219(l)(2) of the Immigration and Nationality Technical Corrections Act of 1994 (P.L. 103–416, 108 Stat. 4317, Oct. 25, 1994), provides as follows: Sec. 610. Regulations Required.—(a) The Attorney General shall prescribe regulations under title 5, United States Code, to carry out section 404(b)(1) of the Immigration and Nationality Act, including a delineation of
(1)scenarios that constitute an immigration emergency,
(2)the process by which the President declares an immigration emergency,
(3)the role of the Governor and local officials in requesting a declaration of emergency,
(4)a definition of “assistance as required by the Attorney General”, and
(5)the process by which States and localities are to be reimbursed.
(b)The Attorney General shall prescribe regulations under title 5, United States Code, to carry out section 404(b)(2) of such Act, including providing a definition of the terms in section 404(b)(2)(A)(ii) and a delineation of “in any other circumstances” in section 404(b)(2)(A)(iii) of such Act.
(c)The regulations under this section shall be published for comment not later than 30 days after the date of enactment of this Act and issued in final form not later than 15 days after the end of the comment period. ####
(2)##### (A)480 Funds which are authorized to be appropriated by paragraph (1), subject to the dollar limitation contained in subparagraph (B), shall be available, by application for the reimbursement of States and localities providing assistance as required by the Attorney General, to States and localities whenever— Note.—See footnote subsection (b)(1). ###### (i)481 a district director of the Service certifies to the Commissioner that the number of asylum applications filed in the respective district during a calendar quarter exceeds by at least 1,000 the number of such applications filed in that district during the preceding calendar quarter, 481§705(b) of the Immigration Act of 1990 (P.L. 101–649, Nov. 29, 1990, 104 Stat. 5087) provides as follows:
(b)Effective Date.—Section 404(b)(2)(A)(i) of the Immigration and Nationality Act, as added by the amendment made by subsection (a)(5), shall apply with respect to increases in the number of asylum applications filed in a calendar quarter beginning on or after January 1, 1989. The Attorney General may not spend any amounts from the immigration emergency fund pursuant to the amendments made by subsection
(a)before October 1, 1991. ######
(ii)the lives, property, safety, or welfare of the residents of a State or locality are endangered, or ######
(iii)in any other circumstances as determined by the Attorney General. In applying clause (i), the providing of parole at a point of entry in a district shall be deemed to constitute an application for asylum in the district.482 482The sentence was added by §308(d) of the Miscellaneous and Technical Immigration and Naturalization Amendments of 1991 (Pub. L. 102–232, Dec. 12, 1991, 105 Stat. 1757). #####
(B)Not more than $20,000,000 shall be made available for all localities under this paragraph. #####
(C)For purposes of subparagraph (A), the requirement of paragraph
(1)that an immigration emergency be determined shall not apply. #####
(D)A decision with respect to an application for reimbursement under subparagraph
(A)shall be made by the Attorney General within 15 days after the date of receipt of the application.
Connectionstraces to 1
Traces to 1 document
8 references not yet in our index
  • Pub. L. 94-503
  • 90 Stat. 2427
  • 104 Stat. 5087
  • Pub. L. 102-140
  • 105 Stat. 832
  • 108 Stat. 4317
  • Pub. L. 102-232
  • 105 Stat. 1757
Citation graph
cites case law
Sec. 404
authorization of appropriations479
U.S.C.§ 1101
Pub. L.Pub. L. 94-503
Stat.90 Stat. 2427
Stat.104 Stat. 5087
Pub. L.Pub. L. 102-140
Stat.105 Stat. 832
Cites 9 · showing 6Cited by 0 across 0 sources
★   the supreme law of the land   ★
Don't Tread on Me
E Pluribus Unum — out of many, one

"If you don't know your rights, you don't have any."

Marginalia · a citizen's law index
A research desk, not legal advice. Always read the cited source before relying on a summary.
Questions or an issue? support@self-law.org
disclaimerMarginalia is a research index, not a law firm. Nothing on this site is legal, tax, or financial advice and no attorney–client relationship is formed by using it. Statutes, regulations, and case law change; summaries, search results, AI output, and member posts may be incomplete, out of date, or wrong. Any interpretation drawn from material on this site should be validated by a licensed attorney in your jurisdiction before you act on it.