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CITE

    8 USC Sec. 1160                                             01/05/2009

EXPCITE

    TITLE 8 - ALIENS AND NATIONALITY
    CHAPTER 12 - IMMIGRATION AND NATIONALITY
    SUBCHAPTER II - IMMIGRATION
    Part I - Selection System

HEAD

    Sec. 1160. Special agricultural workers

STATUTE

    (a) Lawful residence
      (1) In general
        The Attorney General shall adjust the status of an alien to
      that of an alien lawfully admitted for temporary residence if the
      Attorney General determines that the alien meets the following
      requirements:
        (A) Application period
          The alien must apply for such adjustment during the 18-month
        period beginning on the first day of the seventh month that
        begins after November 6, 1986.
        (B) Performance of seasonal agricultural services and residence
          in the United States
          The alien must establish that he has -
            (i) resided in the United States, and
            (ii) performed seasonal agricultural services in the United
          States for at least 90 man-days,
        during the 12-month period ending on May 1, 1986. For purposes
        of the previous sentence, performance of seasonal agricultural
        services in the United States for more than one employer on any
        one day shall be counted as performance of services for only 1
        man-day.
        (C) Admissible as immigrant
          The alien must establish that he is admissible to the United
        States as an immigrant, except as otherwise provided under
        subsection (c)(2) of this section.
      (2) Adjustment to permanent residence
        The Attorney General shall adjust the status of any alien
      provided lawful temporary resident status under paragraph (1) to
      that of an alien lawfully admitted for permanent residence on the
      following date:
        (A) Group 1
          Subject to the numerical limitation established under
        subparagraph (C), in the case of an alien who has established,
        at the time of application for temporary residence under
        paragraph (1), that the alien performed seasonal agricultural
        services in the United States for at least 90 man-days during
        each of the 12-month periods ending on May 1, 1984, 1985, and
        1986, the adjustment shall occur on the first day after the end
        of the one-year period that begins on the later of (I) the date
        the alien was granted such temporary resident status, or (II)
        the day after the last day of the application period described
        in paragraph (1)(A).
        (B) Group 2
          In the case of aliens to which subparagraph (A) does not
        apply, the adjustment shall occur on the day after the last day
        of the two-year period that begins on the later of (I) the date
        the alien was granted such temporary resident status, or (II)
        the day after the last day of the application period described
        in paragraph (1)(A).
        (C) Numerical limitation
          Subparagraph (A) shall not apply to more than 350,000 aliens.
        If more than 350,000 aliens meet the requirements of such
        subparagraph, such subparagraph shall apply to the 350,000
        aliens whose applications for adjustment were first filed under
        paragraph (1) and subparagraph (B) shall apply to the remaining
        aliens.
      (3) Termination of temporary residence
        (A) During the period of temporary resident status granted an
      alien under paragraph (1), the Attorney General may terminate
      such status only upon a determination under this chapter that the
      alien is deportable.
        (B) Before any alien becomes eligible for adjustment of status
      under paragraph (2), the Attorney General may deny adjustment to
      permanent status and provide for termination of the temporary
      resident status granted such alien under paragraph (1) if -
          (i) the Attorney General finds by a preponderance of the
        evidence that the adjustment to temporary resident status was
        the result of fraud or willful misrepresentation as set out in
        section 1182(a)(6)(C)(i) of this title, or
          (ii) the alien commits an act that (I) makes the alien
        inadmissible to the United States as an immigrant, except as
        provided under subsection (c)(2) of this section, or (II) is
        convicted of a felony or 3 or more misdemeanors committed in
        the United States.
      (4) Authorized travel and employment during temporary residence
        During the period an alien is in lawful temporary resident
      status granted under this subsection, the alien has the right to
      travel abroad (including commutation from a residence abroad) and
      shall be granted authorization to engage in employment in the
      United States and shall be provided an "employment authorized"
      endorsement or other appropriate work permit, in the same manner
      as for aliens lawfully admitted for permanent residence.
      (5) In general
        Except as otherwise provided in this subsection, an alien who
      acquires the status of an alien lawfully admitted for temporary
      residence under paragraph (1), such status not having changed, is
      considered to be an alien lawfully admitted for permanent
      residence (as described in section 1101(a)(20) of this title),
      other than under any provision of the immigration laws.
    (b) Applications for adjustment of status
      (1) To whom may be made
        (A) Within the United States
          The Attorney General shall provide that applications for
        adjustment of status under subsection (a) may be filed -
            (i) with the Attorney General, or
            (ii) with a designated entity (designated under paragraph
          (2)), but only if the applicant consents to the forwarding of
          the application to the Attorney General.
        (B) Outside the United States
          The Attorney General, in cooperation with the Secretary of
        State, shall provide a procedure whereby an alien may apply for
        adjustment of status under subsection (a)(1) of this section at
        an appropriate consular office outside the United States. If
        the alien otherwise qualifies for such adjustment, the Attorney
        General shall provide such documentation of authorization to
        enter the United States and to have the alien's status adjusted
        upon entry as may be necessary to carry out the provisions of
        this section.
      (2) Designation of entities to receive applications
        For purposes of receiving applications under this section, the
      Attorney General -
          (A) shall designate qualified voluntary organizations and
        other qualified State, local, community, farm labor
        organizations, and associations of agricultural employers, and
          (B) may designate such other persons as the Attorney General
        determines are qualified and have substantial experience,
        demonstrated competence, and traditional long-term involvement
        in the preparation and submittal of applications for adjustment
        of status under section 1159 or 1255 of this title, Public Law
        89-732 [8 U.S.C. 1255 note], or Public Law 95-145 [8 U.S.C.
        1255 note].
      (3) Proof of eligibility
        (A) In general
          An alien may establish that he meets the requirement of
        subsection (a)(1)(B)(ii) of this section through government
        employment records, records supplied by employers or collective
        bargaining organizations, and such other reliable documentation
        as the alien may provide. The Attorney General shall establish
        special procedures to credit properly work in cases in which an
        alien was employed under an assumed name.
        (B) Documentation of work history
          (i) An alien applying for adjustment of status under
        subsection (a)(1) of this section has the burden of proving by
        a preponderance of the evidence that the alien has worked the
        requisite number of man-days (as required under subsection
        (a)(1)(B)(ii) of this section).
          (ii) If an employer or farm labor contractor employing such
        an alien has kept proper and adequate records respecting such
        employment, the alien's burden of proof under clause (i) may be
        met by securing timely production of those records under
        regulations to be promulgated by the Attorney General.
          (iii) An alien can meet such burden of proof if the alien
        establishes that the alien has in fact performed the work
        described in subsection (a)(1)(B)(ii) of this section by
        producing sufficient evidence to show the extent of that
        employment as a matter of just and reasonable inference. In
        such a case, the burden then shifts to the Attorney General to
        disprove the alien's evidence with a showing which negates the
        reasonableness of the inference to be drawn from the evidence.
      (4) Treatment of applications by designated entities
        Each designated entity must agree to forward to the Attorney
      General applications filed with it in accordance with paragraph
      (1)(A)(ii) but not to forward to the Attorney General
      applications filed with it unless the applicant has consented to
      such forwarding. No such entity may make a determination required
      by this section to be made by the Attorney General.
      (5) Limitation on access to information
        Files and records prepared for purposes of this section by
      designated entities operating under this section are confidential
      and the Attorney General and the Service shall not have access to
      such files or records relating to an alien without the consent of
      the alien, except as allowed by a court order issued pursuant to
      paragraph (6) of this subsection.
      (6) Confidentiality of information
        (A) In general
          Except as provided in this paragraph, neither the Attorney
        General, nor any other official or employee of the Department
        of Justice, or bureau or agency thereof, may -
            (i) use the information furnished by the applicant pursuant
          to an application filed under this section for any purpose
          other than to make a determination on the application,
          including a determination under subsection (a)(3)(B) of this
          section, or for enforcement of paragraph (7);
            (ii) make any publication whereby the information furnished
          by any particular individual can be identified; or
            (iii) permit anyone other than the sworn officers and
          employees of the Department or bureau or agency or, with
          respect to applications filed with a designated entity, that
          designated entity, to examine individual applications.
        (B) Required disclosures
          The Attorney General shall provide information furnished
        under this section, and any other information derived from such
        furnished information, to a duly recognized law enforcement
        entity in connection with a criminal investigation or
        prosecution, when such information is requested in writing by
        such entity, or to an official coroner for purposes of
        affirmatively identifying a deceased individual (whether or not
        such individual is deceased as a result of a crime).
        (C) Construction
          (i) In general
            Nothing in this paragraph shall be construed to limit the
          use, or release, for immigration enforcement purposes or law
          enforcement purposes of information contained in files or
          records of the Service pertaining to an application filed
          under this section, other than information furnished by an
          applicant pursuant to the application, or any other
          information derived from the application, that is not
          available from any other source.
          (ii) Criminal convictions
            Information concerning whether the applicant has at any
          time been convicted of a crime may be used or released for
          immigration enforcement or law enforcement purposes.
        (D) Crime
          Whoever knowingly uses, publishes, or permits information to
        be examined in violation of this paragraph shall be fined not
        more than $10,000.
      (7) Penalties for false statements in applications
        (A) Criminal penalty
          Whoever -
            (i) files an application for adjustment of status under
          this section and knowingly and willfully falsifies, conceals,
          or covers up a material fact or makes any false, fictitious,
          or fraudulent statements or representations, or makes or uses
          any false writing or document knowing the same to contain any
          false, fictitious, or fraudulent statement or entry, or
            (ii) creates or supplies a false writing or document for
          use in making such an application,
        shall be fined in accordance with title 18 or imprisoned not
        more than five years, or both.
        (B) Exclusion
          An alien who is convicted of a crime under subparagraph (A)
        shall be considered to be inadmissible to the United States on
        the ground described in section 1182(a)(6)(C)(i) of this title.
    (c) Waiver of numerical limitations and certain grounds for
      exclusion
      (1) Numerical limitations do not apply
        The numerical limitations of sections 1151 and 1152 of this
      title shall not apply to the adjustment of aliens to lawful
      permanent resident status under this section.
      (2) Waiver of grounds for exclusion
        In the determination of an alien's admissibility under
      subsection (a)(1)(C) of this section -
        (A) Grounds of exclusion not applicable
          The provisions of paragraphs (5) and (7)(A) of section
        1182(a) of this title shall not apply.
        (B) Waiver of other grounds
          (i) In general
            Except as provided in clause (ii), the Attorney General may
          waive any other provision of section 1182(a) of this title in
          the case of individual aliens for humanitarian purposes, to
          assure family unity, or when it is otherwise in the public
          interest.
          (ii) Grounds that may not be waived
            The following provisions of section 1182(a) of this title
          may not be waived by the Attorney General under clause (i):
              (I) Paragraphs (2)(A) and (2)(B) (relating to criminals).
              (II) Paragraph (4) (relating to aliens likely to become
            public charges).
              (III) Paragraph (2)(C) (relating to drug offenses),
            except for so much of such paragraph as relates to a single
            offense of simple possession of 30 grams or less of
            marihuana.
              (IV) Paragraph (3) (relating to security and related
            grounds), other than subparagraph (E) thereof.
        (C) Special rule for determination of public charge
          An alien is not ineligible for adjustment of status under
        this section due to being inadmissible under section 1182(a)(4)
        of this title if the alien demonstrates a history of employment
        in the United States evidencing self-support without reliance
        on public cash assistance.
    (d) Temporary stay of exclusion or deportation and work
      authorization for certain applicants
      (1) Before application period
        The Attorney General shall provide that in the case of an alien
      who is apprehended before the beginning of the application period
      described in subsection (a)(1) of this section and who can
      establish a nonfrivolous case of eligibility to have his status
      adjusted under subsection (a) of this section (but for the fact
      that he may not apply for such adjustment until the beginning of
      such period), until the alien has had the opportunity during the
      first 30 days of the application period to complete the filing of
      an application for adjustment, the alien -
          (A) may not be excluded or deported, and
          (B) shall be granted authorization to engage in employment in
        the United States and be provided an "employment authorized"
        endorsement or other appropriate work permit.
      (2) During application period
        The Attorney General shall provide that in the case of an alien
      who presents a nonfrivolous application for adjustment of status
      under subsection (a) of this section during the application
      period, and until a final determination on the application has
      been made in accordance with this section, the alien -
          (A) may not be excluded or deported, and
          (B) shall be granted authorization to engage in employment in
        the United States and be provided an "employment authorized"
        endorsement or other appropriate work permit.
      (3) Use of application fees to offset program costs
        No application fees collected by the Service pursuant to this
      subsection may be used by the Service to offset the costs of the
      special agricultural worker legalization program until the
      Service implements the program consistent with the statutory
      mandate as follows:
          (A) During the application period described in subsection
        (a)(1)(A) of this section the Service may grant temporary
        admission to the United States, work authorization, and provide
        an "employment authorized" endorsement or other appropriate
        work permit to any alien who presents a preliminary application
        for adjustment of status under subsection (a) of this section
        at a designated port of entry on the southern land border. An
        alien who does not enter through a port of entry is subject to
        deportation and removal as otherwise provided in this chapter.
          (B) During the application period described in subsection
        (a)(1)(A) of this section any alien who has filed an
        application for adjustment of status within the United States
        as provided in subsection (b)(1)(A) of this section pursuant to
        the provision of 8 CFR section 210.1(j) is subject to paragraph
        (2) of this subsection.
          (C) A preliminary application is defined as a fully completed
        and signed application with fee and photographs which contains
        specific information concerning the performance of qualifying
        employment in the United States and the documentary evidence
        which the applicant intends to submit as proof of such
        employment. The applicant must be otherwise admissible to the
        United States and must establish to the satisfaction of the
        examining officer during an interview that his or her claim to
        eligibility for special agriculture worker status is credible.
    (e) Administrative and judicial review
      (1) Administrative and judicial review
        There shall be no administrative or judicial review of a
      determination respecting an application for adjustment of status
      under this section except in accordance with this subsection.
      (2) Administrative review
        (A) Single level of administrative appellate review
          The Attorney General shall establish an appellate authority
        to provide for a single level of administrative appellate
        review of such a determination.
        (B) Standard for review
          Such administrative appellate review shall be based solely
        upon the administrative record established at the time of the
        determination on the application and upon such additional or
        newly discovered evidence as may not have been available at the
        time of the determination.
      (3) Judicial review
        (A) Limitation to review of exclusion or deportation
          There shall be judicial review of such a denial only in the
        judicial review of an order of exclusion or deportation under
        section 1105a of this title (as in effect before October 1,
        1996).
        (B) Standard for judicial review
          Such judicial review shall be based solely upon the
        administrative record established at the time of the review by
        the appellate authority and the findings of fact and
        determinations contained in such record shall be conclusive
        unless the applicant can establish abuse of discretion or that
        the findings are directly contrary to clear and convincing
        facts contained in the record considered as a whole.
    (f) Temporary disqualification of newly legalized aliens from
      receiving aid to families with dependent children
      During the five-year period beginning on the date an alien was
    granted lawful temporary resident status under subsection (a) of
    this section, and notwithstanding any other provision of law, the
    alien is not eligible for assistance under a State program funded
    under part A of title IV of the Social Security Act [42 U.S.C. 601
    et seq.]. Notwithstanding the previous sentence, in the case of an
    alien who would be eligible for assistance under a State program
    funded under part A of title IV of the Social Security Act but for
    the previous sentence, the provisions of paragraph (3) of section
    1255a(h) of this title shall apply in the same manner as they apply
    with respect to paragraph (1) of such section and, for this
    purpose, any reference in section 1255a(h)(3) of this title to
    paragraph (1) is deemed a reference to the previous sentence.
    (g) Treatment of special agricultural workers
      For all purposes (subject to subsections (a)(5) and (f) of this
    section) an alien whose status is adjusted under this section to
    that of an alien lawfully admitted for permanent residence, such
    status not having changed, shall be considered to be an alien
    lawfully admitted for permanent residence (within the meaning of
    section 1101(a)(20) of this title).
    (h) "Seasonal agricultural services" defined
      In this section, the term "seasonal agricultural services" means
    the performance of field work related to planting, cultural
    practices, cultivating, growing and harvesting of fruits and
    vegetables of every kind and other perishable commodities, as
    defined in regulations by the Secretary of Agriculture.

SOURCE

    (June 27, 1952, ch. 477, title II, ch. 1, Sec. 210, as added Pub.
    L. 99-603, title III, Sec. 302(a)(1), Nov. 6, 1986, 100 Stat. 3417;
    amended Pub. L. 100-202, Sec. 101(a) [title II, Sec. 211], Dec. 22,
    1987, 101 Stat. 1329, 1329-18; Pub. L. 100-525, Sec. 2(m), Oct. 24,
    1988, 102 Stat. 2613; Pub. L. 101-238, Sec. 4, Dec. 18, 1989, 103
    Stat. 2103; Pub. L. 101-649, title VI, Sec. 603(a)(5), Nov. 29,
    1990, 104 Stat. 5082; Pub. L. 102-232, title III, Secs. 307(j),
    309(b)(6), Dec. 12, 1991, 105 Stat. 1756, 1758; Pub. L. 103-416,
    title II, Sec. 219(d), (z)(7), Oct. 25, 1994, 108 Stat. 4316, 4318;
    Pub. L. 104-132, title IV, Sec. 431(b), Apr. 24, 1996, 110 Stat.
    1273; Pub. L. 104-193, title I, Sec. 110(s)(1), Aug. 22, 1996, 110
    Stat. 2175; Pub. L. 104-208, div. C, title III, Secs. 308(g)(2)(B),
    384(d)(1), title VI, Sec. 623(b), Sept. 30, 1996, 110 Stat. 3009-
    622, 3009-653, 3009-697.)

REFERENCES IN TEXT

      Public Law 89-732, referred to in subsec. (b)(2)(B), is Pub. L.
    89-732, Nov. 2, 1966, 80 Stat. 1161, as amended, which is set out
    as a note under section 1255 of this title.
      Public Law 95-145, referred to in subsec. (b)(2)(B), is Pub. L.
    95-145, Oct. 28, 1977, 91 Stat. 1223, as amended. Title I of Pub.
    L. 95-145 is set out as a note under section 1255 of this title.
    Title II of Pub. L. 95-145 amended Pub. L. 94-23, which was set out
    as a note under section 2601 of Title 22, Foreign Relations and
    Intercourse, and was repealed by Pub. L. 96-212, title III, Sec.
    312(c), Mar. 17, 1980, 94 Stat. 117.
      Section 1105a of this title, referred to in subsec. (e)(3)(A),
    was repealed by Pub. L. 104-208, div. C, title III, Sec. 306(b),
    Sept. 30, 1996, 110 Stat. 3009-612.
      The Social Security Act, referred to in subsec. (f), is act Aug.
    14, 1935, ch. 531, 49 Stat. 620, as amended. Part A of title IV of
    the Social Security Act is classified generally to part A (Sec. 601
    et seq.) of subchapter IV of chapter 7 of Title 42, The Public
    Health and Welfare. For complete classification of this Act to the
    Code, see section 1305 of Title 42 and Tables.

AMENDMENTS

      1996 - Subsec. (b)(5). Pub. L. 104-132, Sec. 431(b)(1), inserted
    before period at end ", except as allowed by a court order issued
    pursuant to paragraph (6) of this subsection".
      Subsec. (b)(6). Pub. L. 104-208, Sec. 623(b), amended par. (6)
    generally, substituting subpars. (A) to (D) for former subpars. (A)
    to (C) and introductory and concluding provisions, relating to
    confidentiality of information.
      Pub. L. 104-208, Sec. 384(d)(1), substituted "Anyone who uses,
    publishes, or permits information to be examined in violation of
    this paragraph shall be subject to appropriate disciplinary action
    and subject to a civil money penalty of not more than $5,000 for
    each violation." for "Anyone who uses, publishes, or permits
    information to be examined in violation of this paragraph shall be
    fined in accordance with title 18 or imprisoned not more than five
    years, or both." in concluding provisions.
      Pub. L. 104-132, Sec. 431(b)(2), inserted before "Anyone who
    uses" in concluding provisions "Notwithstanding the preceding
    sentence, the Attorney General may authorize an application to a
    Federal court of competent jurisdiction for, and a judge of such
    court may grant an order authorizing, disclosure of information
    contained in the application of the alien to be used for
    identification of the alien when there is reason to believe that
    the alien has been killed or severely incapacitated, or for
    criminal law enforcement purposes against the alien whose
    application is to be disclosed or to discover information leading
    to the location or identity of the alien."
      Subsec. (e)(3)(A). Pub. L. 104-208, Sec. 308(g)(2)(B), inserted
    "(as in effect before October 1, 1996)" after "section 1105a of
    this title".
      Subsec. (f). Pub. L. 104-193 substituted "assistance under a
    State program funded under" for "aid under a State plan approved
    under" in two places.
      1994 - Subsec. (d)(3). Pub. L. 103-416, Sec. 219(d), inserted
    "the" before first reference to "Service" in introductory
    provisions.
      Subsec. (d)(3)(B). Pub. L. 103-416, Sec. 219(z)(7), made
    technical correction to Pub. L. 102-232, Sec. 309(b)(6)(F). See
    1991 Amendment note below.
      1991 - Subsec. (b)(7)(B). Pub. L. 102-232, Sec. 307(j),
    substituted "section 1182(a)(6)(C)(i)" for "section 1182(a)(19)".
      Subsec. (d)(3). Pub. L. 102-232, Sec. 309(b)(6)(A)-(C), realigned
    margins of par. (3) and its subparagraphs, and in introductory
    provisions substituted "Service" for "the Immigration and
    Naturalization Service (INS)" and "Service" for "INS" in two
    places.
      Subsec. (d)(3)(A). Pub. L. 102-232, Sec. 309(b)(6)(D), (E),
    substituted "period described in" for "period as defined in" and
    "Service" for "INS", and made technical amendment to reference to
    this chapter involving corresponding provision of original act.
      Subsec. (d)(3)(B). Pub. L. 102-232, Sec. 309(b)(6)(F), as amended
    by Pub. L. 103-416, Sec. 219(z)(7), substituted "described in
    subsection (a)(1)(A)" for "as defined in subsection (a)(B)(1)(B)".
      Pub. L. 102-232, Sec. 309(b)(6)(G), made technical amendment to
    reference to subsection (b)(1)(A) of this section involving
    corresponding provision of original act.
      1990 - Subsec. (a)(3)(B)(i). Pub. L. 101-649, Sec. 603(a)(5)(A),
    substituted "1182(a)(6)(C)(i)" for "1182(a)(19)".
      Subsec. (c)(2)(A). Pub. L. 101-649, Sec. 603(a)(5)(B),
    substituted "(5) and (7)(A)" for "(14), (20), (21), (25), and
    (32)".
      Subsec. (c)(2)(B)(ii)(I). Pub. L. 101-649, Sec. 603(a)(5)(C),
    substituted "Paragraphs (2)(A) and (2)(B)" for "Paragraph (9) and
    (10)".
      Subsec. (c)(2)(B)(ii)(II). Pub. L. 101-649, Sec. 603(a)(5)(D),
    substituted "(4)" for "(15)".
      Subsec. (c)(2)(B)(ii)(III). Pub. L. 101-649, Sec. 603(a)(5)(E),
    substituted "(2)(C)" for "(23)".
      Subsec. (c)(2)(B)(ii)(IV). Pub. L. 101-649, Sec. 603(a)(5)(F),
    substituted "Paragraph (3) (relating to security and related
    grounds), other than subparagraph (E) thereof" for "Paragraphs
    (27), (28), and (29) (relating to national security and members of
    certain organizations)".
      Subsec. (c)(2)(B)(ii)(V). Pub. L. 101-649, Sec. 603(a)(5)(G),
    struck out subcl. (V) which referred to par. (33).
      Subsec. (c)(2)(C). Pub. L. 101-649, Sec. 603(a)(5)(H),
    substituted "1182(a)(4)" for "1182(a)(15)".
      1989 - Subsec. (a)(3). Pub. L. 101-238, Sec. 4(a), designated
    existing provisions as subpar. (A) and added subpar. (B).
      Subsec. (b)(6)(A). Pub. L. 101-238, Sec. 4(b), amended subpar.
    (A) generally. Prior to amendment, subpar. (A) read as follows:
    "use the information furnished pursuant to an application filed
    under this section for any purpose other than to make a
    determination on the application or for enforcement of paragraph
    (7),".
      1988 - Subsec. (g). Pub. L. 100-525 substituted "subsections
    (a)(5) and (f)" for "subsections (b)(3) and (f)".
      1987 - Subsec. (d)(3). Pub. L. 100-202 added par. (3).
                     EFFECTIVE DATE OF 1996 AMENDMENTS
      Amendment by section 308(g)(2)(B) 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.
      Section 384(d)(2) of div. C of Pub. L. 104-208 provided that:
    "The amendments made by this subsection [amending this section and
    section 1255a of this title] shall apply to offenses occurring on
    or after the date of the enactment of this Act [Sept. 30, 1996]."
      Amendment by Pub. L. 104-193 effective July 1, 1997, with
    transition rules relating to State options to accelerate such date,
    rules relating to claims, actions, and proceedings commenced before
    such date, rules relating to closing out of accounts for terminated
    or substantially modified programs and continuance in office of
    Assistant Secretary for Family Support, and provisions relating to
    termination of entitlement under AFDC program, see section 116 of
    Pub. L. 104-193, as amended, set out as an Effective Date note
    under section 601 of Title 42, The Public Health and Welfare.
                     EFFECTIVE DATE OF 1994 AMENDMENT
      Section 219(z) of Pub. L. 103-416 provided that the amendment
    made by subsec. (z)(7) of that section is effective as if included
    in the Miscellaneous and Technical Immigration and Naturalization
    Amendments of 1991, Pub. L. 102-232.
      Amendment by section 219(d) of Pub. L. 103-416 effective as if
    included in the enactment of the Immigration Act of 1990, Pub. L.
    101-649, see section 219(dd) of Pub. L. 103-416, set out as a note
    under section 1101 of this title.
                     EFFECTIVE DATE OF 1991 AMENDMENT
      Section 307(j) of Pub. L. 102-232 provided that the amendment
    made by that section is effective as if included in section
    603(a)(5) of the Immigration Act of 1990, Pub. L. 101-649.
                     EFFECTIVE DATE OF 1990 AMENDMENT
      Amendment by Pub. L. 101-649 applicable to applications for
    adjustment of status made on or after June 1, 1991, see section
    601(e)(2) of Pub. L. 101-649, set out as a note under section 1101
    of this title.
                     EFFECTIVE DATE OF 1988 AMENDMENT
      Amendment by Pub. L. 100-525 effective as if included in
    enactment of Immigration Reform and Control Act of 1986, Pub. L. 99-
    603, see section 2(s) of Pub. L. 100-525, set out as a note under
    section 1101 of this title.

ABOLITION OF IMMIGRATION AND NATURALIZATION SERVICE AND TRANSFER OF FUNCTIONS

      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.

COMMISSION ON AGRICULTURAL WORKERS

      Section 304 of Pub. L. 99-603, as amended by Pub. L. 101-649,
    title VII, Sec. 704, Nov. 29, 1990, 104 Stat. 5086; Pub. L. 102-
    232, title III, Sec. 308(c), Dec. 12, 1991, 105 Stat. 1757,
    established Commission on Agricultural Workers to evaluate special
    agricultural worker provisions and labor markets in agricultural
    industry, required Commission to report to Congress not later than
    six years after Nov. 6, 1986, on its reviews, and provided that
    Commission terminate at the end of the 75-month period beginning
    with the month after November 1986.
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